Hawaiian Electric Likely Faces $4.9 Billion in Wildfire Liabilities from Settlement, Maui County Increasingly Likely to Share Burden

Hawaiian Electric Likely Faces $4.9 Billion in Wildfire Liabilities from Settlement, Maui County Increasingly Likely to Share Burden

August 30, 2023

By Josh Price, Eric Scheriff, Alyssa Lu, and Jack Buckley

  • Capstone’s updated liability estimate for Hawaiian Electric Industries Inc. (HE) for a potential settlement for the Maui wildfires has risen to $4.9 billion, up from $3.9 billion, after accounting for revised implied loss per structure from prior wildfire settlements and new information regarding fatalities and missing people (see Exhibit 1). We believe the scope of these liabilities—coupled with Hawaiian Electric Co.’s (HECO) recent drawdown from its revolving credit facility—increases the risk of a bankruptcy filing.
  • We believe Maui County will likely share some of the costs associated with the fires, particularly related to wrongful deaths, based on recent reports highlighting inadequacies in the emergency response. That said, the magnitude of liabilities for destroyed structures alone—and HE’s confirmation that its infrastructure started the fires early in the morning on August 8th—likely suggests that Maui County’s culpability would be insufficient to insulate HE entirely from liabilities. While HE claims there was a second fire that ignited at the same location while its power lines were de-energized, we believe a jury would find it unconvincing that the second fire was unrelated to the initial brush fire—ignited by HE’s equipment—if ongoing litigation goes to trial.
  • Capstone increasingly believes intervention by state policymakers—and potentially federal policymakers—will likely be necessary to ensure the financial health and function of HECO given the scope of liabilities. Regulators at the Hawaii Public Utilities Commission (PUC) could leverage part of the company’s performance-based ratemaking formula to socialize costs from the 2023 fires with California’s wildfire fund, providing a framework for future legislative action. As we saw with PG&E, de-risking the utility from future wildfires will be key to the path forward for HECO.

Have a question?

We want to hear from you. Let us know your question and a research analyst will get back to you promptly. We love to discuss our research.

Connect

Our Latest Insights

Untangling the Outlook for NIH Funding and Its Impact on Pharma

Untangling the Outlook for NIH Funding and Its Impact on Pharma

Capstone believes funding for the National Institutes of Health (NIH) will remain stable for the next 3-5 years, and investors should look past headline appropriations to specific therapeutic area (TA) to assess regulatory risk. Congress continues to insulate funding...

The IRS Ruling Targeting Tax-Aware ETF Strategies

The IRS Ruling Targeting Tax-Aware ETF Strategies

We believe the Internal Revenue Service’s (IRS) September 28th ruling taxing certain Section 351 transactions signals further restrictions on other aggressive tax-aware strategies over the next two years, which is a negative for exchange-traded fund (ETF) sponsors and...