On Tuesday, a post here described a whistleblower complaint targeting the Public Utilities Commission’s Chair, Leo Asuncion, and Chief of Policy and Research, Randy Baldemor (“Whistleblower Complaint Targets Top Officials at the Public Utilities Commission”). The complaint came to light in a packet of background materials submitted for a State Senate Committee on Commerce and Consumer Protection hearing held that morning, chaired by Sen. Jarrett Keohokalole (D, District 24 – Kailua-Kaneohe).
Most of the hearing focused on the PUC’s performance-based regulation system, but Civil Beat’s Stewart Yerton reported on the brief discussion of the whistleblower allegations (“State Utility Official Under Investigation For Bullying Staff, Toxic Environment”).
“Discussion of the whistleblower complaint came and went in minutes,” Yerton noted.
His story recounts a short, scripted exchange between Sen. Keohokalole and Chair Asuncion. But the senator’s questions appeared address only a few sentences of the 6-page, single-spaced complaint, and they narrowly avoided the actual content even of this small piece.
Here’s what the letter alleged:
“At the PUC’s annual holiday party in December 2024, Chair Leo Asuncion announced that his friend, Randy Baldemor, would be the new Chief of Policy and Research—the top technical and policy advisor for the three Commissioners. Leo told everyone that Randy also lives in Hawaii Kai and they barbeque together with HECO executives.”
During the hearing, Keohokalole asked whether Asuncion had, as PUC chair, attended events hosted by HECO executives, been to their homes, or accepted food or drink from them. Asuncion denied each.
From Yerton’s Civil Beat story:
“In fairness,” Keohokalole said, “I want to provide you opportunity to be asked and answer whether during your tenure as PUC chair you have ever attended functions hosted by executives or employees of Hawaiian Electric.”
“I have not,” Asuncion said.
“As chair, have you ever been to the home of an employee or executive of a regulated utility?” the senator asked.
“I have not,” Asuncion said.
“Have HECO executives or executives of any other entity that’s regulated by your commission ever paid for food, drinks or hosted events that you attended while you were chair,” Keohokalole asked.
“No,” the PUC chair said.
But the complaint doesn’t allege any of those things. It doesn’t say the barbecues were “hosted” by HECO, or that they occurred while Asuncion was chair, or that executives paid for anything. The senator’s questions reframe the allegations, then steer around them.
A simple tweak to one question could have gotten closer to the heart of the issue:
“I want to provide you the opportunity to be asked and answer whether during your tenure as PUC chair you have ever attended social functions hosted also attended by executives or employees of Hawaiian Electric.”
That version tracks the actual allegation more directly — and might have produced a different answer.
Other relevant questions weren’t asked at all. For instance:
* Did you attend the PUC’s annual holiday party in December 2024?
* Did you announce Randy Baldemor as the new chief of policy and research?
* Did you describe him as a friend?
* Did you mention that you both live in Hawaii Kai?
* Did you say that you “barbeque together with HECO executives”?
Asuncion previously worked at HECO as a senior regulatory and planning analyst for six years before joining state government and ultimately the PUC in 2019. It’s entirely plausible that he formed lasting personal and professional relationships. But that’s precisely why clear, unambiguous questions — and answers — are essential.
In the end, it will fall to investigators to pursue the facts and evaluate whether the whistleblower’s claims have merit. That task will carry political pressures of its own. But public confidence in regulatory independence depends on asking questions that illuminate — not obscure — the truth.
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“In the end, it will fall to investigators to pursue the facts and evaluate whether the whistleblower’s claims have merit.”
Are there relationships between the investigators and Asuncion? If yes, what are they? And how likely do you think it will be for them to investigate in an impartial manner?
Does DCCA oversee PUCs hiring protocol? Or DHRD?
Good question.
If it is true Randy Baldemor does not meet the minimum qualifications for the job, and there were highly qualified applicants, then his application should have been rejected from the outset. The fact that he made it to the interview stage, let alone got hired, is a good indication that the hiring process itself was totally corrupt.
That would explain why the whistleblower can’t go to PUC HR, DCCA HR, and certainly also can’t go to Asuncion himself.
Such serious allegations to be swept so quickly under the rug. And here I thought Keohokalole was trying to set himself up for higher office. Now I know he’s just another corrupt politician on the take. Too bad.
I wouldn’t leap to that conclusion. His committee did make the letter public as part of the meeting packet, and at least had an item on the agenda, neither of which he had to do. I’m willing to cut the senator some slack, and assume he has an interest in seeing the matter through. But time will tell.
Those are certainly good points. If the chair’s questions were more obligatory than hard hitting it raises the question of why.
Theory: trial lawyers, “carpenters union,” progressive environmentalists, politicians from the governor to legislative leaders and other possibly nefarious actors saw the fire as a way to take down HE and divide the spoils. They want to see HE declare bankruptcy, have the state step in as a guarantor with control over the company. Then the aforementioned special interests will bath in the $3.2 billion dollars HECO brings in while they let the $13 billion dollars worth of distribution infrastructure fall into disrepair. The state even authorized the PUC to appoint a conservator for if they do declare bankruptcy. Furthermore the bills they passed to “help” HECO were watered down and passed grudgingly. I support HECO. The fire was not their fault and they are the best entity to deliver power to the people of Hawaii most efficiently. The state needs to get on board and support this company.
Great comment. Couldn’t agree more.
Really begs the question why the politicians are not asking the right questions. Are they all politically allied?
Because the PUC is part of DCCA, there is a major conflict of interest in having the same organization investigate itself. Also, Leo Asuncion and Nadine Ando are good friends. There are also rumors that Ms. Ando has not taken other DCCA complaints seriously.
In her testimony, Ms. Ando appeared to be dismissive of this complaint by stating that a thorough investigation is not possible without the whistleblower coming forward. This makes no sense, as the letter points to several specific allegations.
Ms. Ando selectively focused on broader claims of harassment, effectively downplaying and reframing the complaint as exclusively a personal dispute.
However, the complaint raised many additional serious concerns — not only about Mr. Baldemor’s apparent lack of qualifications — but also questionable hiring practices at the PUC.
It is commonly known that once a whistleblower reveals themselves, they are met with further harassment to the point of resignation. While agencies may present themselves to legislators as committed to preventing retaliation, the truth is that behind closed doors, such safeguards are difficult, if not impossible, to enforce in practice, especially when there is a conflict of interest by having an agency investigate itself.