Lawyers for victims suing Hawaiian Electric over this month\u2019s deadly wildfire in Maui have subpoenaed a former consultant for the public utility, seeking his correspondence with top utility officials about their knowledge of wildfire risks and necessary upgrades to its power grid, according to a recent court filing.<\/p>\n\n\n\n
The\u2002<\/a>Friday subpoena<\/a> seeks to depose Mark Thaller in Virginia on Sept. 25 and require him to turn over records of his exchanges with Hawaiian Electric officials, including documents related to wildfire mitigation plans and \u201cDecisions to Defer wildfire mitigation CAPEX,\u201d or capital expenditures, \u201cto future years,\u201d the court filing says.<\/p>\n\n\n\n The subpoena also seeks what it identifies as the \u201cThaller Letter,\u201d which purports to be a notification of his concerns to the utility company\u2019s board of directors, according to the filing.<\/p>\n\n\n\n The letter has several attachments, including documents characterized as a June 6 \u201cEthics Investigation\u201d and an \u201cEthics Cover Up by Execs and Legal,\u201d according to the subpoena. The planned deposition will include at least two dozen questions, which are listed in a separate filing with the subpoena, which appeared aimed at establishing Thaller\u2019s relationship with the company and the veracity of the records, according to court filings.<\/p>\n\n\n\n Mikal Watts, one of the plaintiffs\u2019 attorneys in the lawsuit, previously told NBC News that his legal team had planned to issue a subpoena duces tecum \u2014 a type of a subpoena that primarily seeks the production of documents \u2014 to a man whom Watts described as \u201ca whistleblower\u201d cooperating in the case.<\/p>\n\n\n\n \u201cThat subpoena has been issued, and we\u2019re in the process of getting him served,\u201d Watts confirmed Tuesday.<\/p>\n\n\n\n Watts previously declined to identify the whistleblower or answer questions about the subpoena, other than to say the man had referred to documents he could not share under his employment terms unless they were subpoenaed. Watts declined to elaborate about the matter Tuesday, other than to confirm the subpoena had been filed in court.<\/p>\n\n\n\n Thaller, 64, of Gainesville, Virginia, did not immediately respond to a voice message left for him Tuesday evening.<\/p>\n\n\n\n A spokesperson for Hawaiian Electric said late Tuesday the utility did not have a response to questions about the subpoena or Thaller.<\/p>\n\n\n\n Thaller\u2019s Linkedin profile describes him as an \u201cInnovator and Entrepreneur Intensely Focused on Impact\u201d with a long list of academic degrees, including a doctorate of philosophy in conflict analysis and resolution. It also includes a professional biography that says he \u201cstrongly supports and promotes transparency, ethical compliance, and collaboration.\u201d<\/p>\n\n\n\n \u201cWhile at Hawaiian Electric he frequently communicated directly with the firm\u2019s Board of Directors, CEO, President, and senior executives,\u201d the biography says. \u201cMost notably, he provided the firm\u2019s General Counsel with the foundation of a new, equitable, and transparent Code of Ethics.\u201d<\/p>\n\n\n\n Neither Thaller\u2019s LinkedIn profile nor the subpoena provide complete dates for when Thaller worked with Hawaiian Electric.<\/p>\n\n\n\n The suit seeking to depose Thaller, titled Jan K. Apo v. Hawaiian Electric Industries, alleges that Hawaiian Electric helped set the stage<\/a> for the catastrophic wildfires in the historic town of Lahaina on Aug. 8. It identifies videos and accounts from witnesses who allegedly saw downed power lines sparking the initial fires, and it accuses the utility company of years of inaction to upgrade power equipment and manage trees and other vegetation that utility officials knew posed dangers. The lawsuit also argues that the utility should have had a system to shut down its power grid before fierce winds whipped up sparks into an uncontrollable inferno.<\/p>\n\n\n\n The lawsuit is one of at least 13 filed since the fire, which has killed at least 115 people. Many other people remain missing. <\/p>\n\n\n\n