CHAPTER 486I, HAWAII REVISED STATUTES
            PETROLEUM INDUSTRY INFORMATION REPORTING


Section
   486I-1 Short title
   486I-2 Definitions
   486I-3 Informational reports; duty; time; scope;
          powers of commission; alternate reports
   486I-4 Analysis of information; audits and inspections
   486I-5 Summary, analysis and interpretation of
          information; reports
   486I-6 Failure to timely provide information; notice;
          false statements; civil penalties; person
   486I-7 Confidential information
   486I-8 Confidential information obtained by another
          state agency
   486I-9 Sharing of information obtained by the
          commission
  486I-10 Rules


	[§486I-1]  Short title.  This chapter shall be known and may be cited
as the Petroleum Industry Information Reporting Act of 1991.
	
	
	[§486I-2]  Definitions.  Whenever used in this chapter, unless the
context otherwise requires:
	
	"Commission" means the public utilities commission.
	
	"Energy" means work or heat that is, or may be, produced from any
fuel or source whatsoever.
	
	"Major marketer" means any person who sells natural gas, propane,
synthetic natural gas or oil in amounts determined by the commission as
having a major effect on energy supplies.
	
	"Major oil producer" means any person who produces oil in amounts
determined by the commission as having a major effect on energy
supplies.
	
	"Major oil storer" means any person who stores oil or other petroleum
products in amounts determined by the commission as having a major
effect on energy supplies.
	
	"Major oil transporter" means any person who transports oil or other
petroleum products in amounts determined by the commission as having a
major effect on energy supplies.
	
	"Person" means any person, firm, association, organization,
partnership, business trust, corporation, or company.  "Person" also
includes any city, county, public district or agency, the State or any
department or agency thereof, and the United States to the extent
authorized by federal law.
	
	"Refiner" means any person who owns, operates, or controls the
operations of one or more refineries.
	
	"Refinery" means any industrial plant, regardless of capacity,
processing crude oil feedstock and manufacturing oil products.
	
	
	[§486I-3]  Informational reports; duty; time; scope; powers of
commission; alternate reports.  (a)  Each refiner and major marketer
shall submit to the commission, within thirty days after the end of
each month and in such form as the commission shall prescribe,
information which includes the following:

     (1)  Refiners shall report, for each of their refineries,
          feedstock inputs, origin and volume of petroleum
          receipts, refinery outputs, refinery stocks, and
          finished product supply and distribution.

     (2)  Major marketers shall report on petroleum and petroleum
          product receipts, exchanges, inventories, and
          distributions.

The commission shall prescribe by rule when the first report shall
be submitted.
	
	(b)  Each major oil producer, refiner, marketer, oil transporter, and
oil storer shall submit to the commission, within thirty days after the
end of each year and in such form as the commission shall prescribe,
information which includes the following:

     (1)  Major oil transporters shall report on petroleum by
          reporting the capacities of each major transportation
          system, the amount transported by each system, and
          inventories thereof.  The provision of the information
          shall not be construed to increase and decrease any
          authority the public utilities commission may otherwise
          have.

     (2)  Major oil storers shall report on storage capacity,
          inventories, receipts and distributions, and methods of
          transportation of receipts and distributions.

     (3)  Refiners shall report on facility capacity, and
          utilization and method of transportation of refinery
          receipts and distributions.

     (4)  Major oil marketers shall report on facility capacity
          and methods of transportation of receipts and
          distributions.

The commission shall prescribe by rule when the first report shall
be submitted.
	
	(c)  Each person required to report pursuant to subsection (a) shall
submit a projection each month of the information to be submitted
pursuant to subsection (a) for the quarter following the month in which
the information is submitted to the commission.
	
	(d)  In addition to the data required under subsection (a), each oil
refiner who supplies retail outlets in Hawaii shall submit to the
commission an annual industry forecast for Petroleum Administration for
Defense, District V (covering Arizona, Nevada, Washington, Oregon,
California, Alaska and Hawaii).  The forecast shall include the
information to be submitted under subsection (a), and shall be
submitted by October 15 of each year.  The commission may require
Hawaii- specific forecasts.  However, those forecasts shall be required
only if the commission finds them necessary to carry out its
responsibilities.
	
	(e)  The commission may by order or rule modify the reporting period
as to any individual item of information setting forth in the order or
rule its reason for so doing.
	
	(f)  The commission may request additional information as necessary
to perform its responsibilities under this chapter.
	
	(g)  Any person required to submit information or data under this
chapter may, in lieu thereof, submit a report made to any other
governmental agency, provided, that:

     (1)  The alternate report or reports contain all of the
          information or data required by specific request under
          this chapter; and

     (2)  The person clearly identifies the specific request to
          which the alternate report is responsive.

	(h)  Each refiner shall submit to the commission, within thirty days
after the end of each month and in such form as the commission shall
prescribe, all of the following information:
	
     (1)  Monthly Hawaii weighted average prices and sales
          volumes of finished leaded regular, unleaded regular,
          and premium motor gasoline, and of each other grade of
          gasoline sold through company-operated retail outlets,
          to other end-users, and to wholesale customers;

     (2)  Monthly Hawaii weighted average prices and sales
          volumes for residential sales, commercial and
          institutional sales, industrial sales, sales through
          company-operated retail outlets, sales to other end-
          users, and wholesale sales of No. 2 diesel fuel and No.
          2 fuel oil; and

     (3)  Monthly Hawaii weighted average prices and sales
          volumes for retail sales and wholesale sales of No. 1
          distillate, kerosene, finished aviation gasoline,
          kerosene-type jet fuel, No. 4 fuel oil, residual fuel
          oil with one per cent or less sulfur, residual fuel oil
          with greater than one per cent sulfur and consumer
          grade propane.

The commission shall prescribe by rule when the first report shall
be submitted.

	(i)  Refiners that submit form EIA-800 reports to the United States
Department of Energy shall provide to the commission copies of their
weekly reports.
	
	
	[§486I-4]  Analysis of information; audits and inspections. (a)  The
commission shall, with its own staff and other support staff with
expertise and experience in, or with, the petroleum industry, gather,
analyze, and interpret the information submitted to it pursuant to
section 486I-3 and other information relating to the supply and price
of petroleum products, with particular emphasis on motor vehicle fuels,
including, but not limited to, all of the following:

     (1)  The nature, cause, and extent of any petroleum or
          petroleum products shortage or condition affecting
          supply;

     (2)  The economic and environmental impacts of any petroleum
          and petroleum product shortage or condition affecting
          supply;

     (3)  Petroleum or petroleum product demand and supply
          forecasting methodologies utilized by the petroleum
          industry in Hawaii;

     (4)  The prices, with particular emphasis on retail motor
          fuel prices, and any significant changes in prices
          charged by the petroleum industry for petroleum or
          petroleum products sold in Hawaii and the reasons for
          such changes;

     (5)  The income, expenses, and profits, both before and
          after taxes, of the industry as a whole and of major
          firms within it, including a comparison with other
          major industry groups and major firms within them as to
          profits, return on equity and capital, and price-
          earnings ratio;

     (6)  The emerging trends relating to supply, demand, and
          conservation of petroleum and petroleum products;

     (7)  The nature and extent of efforts of the petroleum
          industry to expand refinery capacity and to make
          acquisitions of additional supplies of petroleum and
          petroleum products; and

     (8)  The development of a petroleum and petroleum products
          information system in a manner which will enable the
          State to take action to meet and mitigate any petroleum
          or petroleum products shortage or condition affecting
          supply.

	(b)  The commission may conduct random or periodic audits and
inspections of any supplier or suppliers of oil or petroleum products
to determine whether they are unnecessarily withholding supplies from
the market or are violating applicable policies, laws, or rules.  The
commission may solicit assistance of the department of taxation in any
such audit.  The commission shall cooperate with other state and
federal agencies to ensure that any audit or inspection conducted by
the commission is not duplicative of the data received by any of their
audits or inspections which is available to the commission.
	
	(c)  The commission shall analyze the impacts of state and federal
policies, rules, and regulations upon the supply and pricing of
petroleum products.
	
	
	§486I-5  Summary, analysis and interpretation of information;
reports.  (a)  The commission shall publish annually and submit to the
governor and the legislature twenty days prior to the first day of the
current legislative session a summary, an analysis, and an
interpretation of the information submitted to it pursuant to section
486I-3.  Any person may submit comments in writing regarding the
accuracy or sufficiency of the information submitted.
	
	(b)  The commission may use reasonable means necessary and available
to it to seek and obtain any facts, figures, and other information from
any source for the purpose of preparing and providing reports to the
governor and the legislature.  The commission shall specifically
include in the reports its analysis of any unsuccessful attempts in
obtaining information from potential sources, including the lack of
cooperation or refusal to provide information.
	
	
	[§486I-6]  Failure to timely provide information; notice; false
statements; civil penalties; person.  (a)  The commission shall notify
those persons who have failed to timely provide the information
specified in section 486I-3 or requested by the commission under
section 486I-3 or section 486I-4(b).  If, within five days after being
notified of the failure to provide the specified or requested
information, the person fails to supply the specified or requested
information, the person shall be subject to a civil penalty of not less
than $500 per day nor more than $2,000 per day for each day the
submission of information is refused or delayed, unless the person has
timely filed objections with the commission regarding the information
and the commission has held a hearing and following a ruling by the
commission the person has properly submitted the issue to a court of
competent jurisdiction for review.
	
	(b)  Any person who willfully makes any false statement,
representation, or certification in any record, report, plan, or other
document filed with the commission shall be subject to a civil penalty
not to exceed $20,000.
	
	(c)  For the purposes of this section, the term "person" shall mean,
in addition to the definition contained in section 486I-2, any
responsible corporate officer.
	
	
	[§486I-7]  Confidential information.  (a)  Confidential commercial
information presented to the commission pursuant to this chapter shall
be held in confidence by the commission or aggregated to the extent
necessary to assure confidentiality as governed by chapter 92F,
including its penalty provisions.
	
	(b)  No data or information submitted to the commission shall be
deemed confidential if the person submitting the information or data
has made it public.
	
	(c)  Unless otherwise provided by law, with respect to data provided
pursuant to subsection (h) of section 486I-3, neither the commission,
nor any employee of the commission, may do any of the following:

     (1)  Use the information furnished under subsection (h) for
          any purpose other than the statistical purposes for
          which it is supplied;

     (2)  Make any publication whereby the data furnished by any
          particular establishment or individual under subsection
          (h) can be identified; or

     (3)  Permit anyone to examine the individual reports
          provided under subsection (h) other than the attorney
          general, the director of business, economic
          development, and tourism, the consumer advocate, and
          the authorized representatives, and employees of each.


	[§486I-8]  Confidential information obtained by another state agency. 
Any confidential information pertinent to the responsibilities of the
commission specified in this chapter which is obtained by another state
agency, including the department of taxation, shall be available to the
attorney general, the attorney general's authorized representatives,
and the commission and shall be treated in a confidential manner.
	
	
	[§486I-9]  Sharing of information obtained by the commission.  The
commission shall make all information obtained by the commission under
this chapter, including confidential information, available to the
director of business, economic development, and tourism, the attorney
general, and the consumer advocate, and the authorized representative
of each, who shall safeguard the confidentiality of all confidential
information received.
	
	
	[§486I-10]  Rules.  The commission shall adopt, amend, or repeal such
rules as it may deem proper to fully effectuate this chapter.
	

	Appendix J	Table of Contents