CB-I 72/*re+j& - 34th Guam Legislature

1 Omm OF THE GOVERNOR UFlSlNAN I MAGA'W AGANA, GUAM %910 US A. SEP The Honorable Joe T. San Agustin , J Speaker, Twentieth Guam Legislature ; Post Office Box CB-I Agana. Guam 9691 0 Dear Mr. Speaker: Transmitted herewith is Bill No. 852. which I have signed into law this date as public Law 20-66. 72/*re+j& OS PH F. ADA bovernor Attachment TWENTIETH GUAM Legislature 1989 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO THE GOVERNOR This is to certify that Substitute Bill No. 852 (COR) , "AN ACT TO REPEAL AND REENACT SUBSECTION (3) OF SECTION 21151 AND TO AMEND SECTION 21153, BOTH OF THE GOVERNMENT CODE, TO AMEND 112001 AND 012004 OF TITLE 12, GUAM CODE ANNOTATED, RELATIVE TO THE public UTILITIES commission , AND TO PROVIDE FOR RETROACTIVE APPLICATION OF SECTION 1 OF THIS ACTw, was on the 1st day of September, 1989, duly and regularly passed. Attested : Senator and ~e~islativ!

2 Secretary This Act was received by the Governor this A day of at />a o"' APPROVED : /3me&r of Guam Date: September 14. 1989 public Law NO. 20-86 TWENTIETH GUAM Legislature 1989 (FIRST) Regular Session Bill No. 852 (COR) As substituted by the Committee on Energy. Utilities and Consumer Protection and further substituted on the floor. Introduced by : D. Parkinson J. P. Aguon E. P. Arriola J. G. Bamba M. Z. Bordallo D. F. Brooks H. D. Dierking E. R. Duenas E. h1. Espaldon C. T. C. Gutierrez P. C. Lujan G. Mailloux bl. i). A. Manibusan T. S. Nelson F. J. A. Quitugua E. D. Reyes M. C. Ruth J. T. San Agustin F. R. Santos T. V. C. Tanaka A. R. Unpingco AN ACT TO REPEAL AND REENACT SUBSECTION (3) OF SECTION 21151 AND TO AMEND SECTION 21153, BOTH OF TIlE GOVERNMENT CODE. TO AMEND 512001 AND 112004 OF TITLE 12, GUAM CODE ANNOTATED. RELATIVE TO THE public UTILITIES commission .

3 AND TO PROVIDE FOR RETROACTIVE APPLICATION OF SECTION 1 OF THIS ACT. 1 BE IT ENACTED BY THE PEOPLE OF THE TERRITORY OF GUAM: 2 Section 1. Subsection (3) of Section 21151 of the Government Code is 3 hereby repealed and reenacted to read: 4 (3) commission means the public Utilities commission . 5 Section 2. Section 21153 of the Government Code is hereby amended 6 to read: "Section 21153. Appeal From Agency Action. (a) If an agency statement is adverse to a customer, the customer may within thirty (30) days of the issuance of the agency statement take appeal to the commission which shall have jurisdiction to resolve the dispute. During the pendency of said appeal, no action adverse to the customer with respect to the disputed amount may be undertaken. The taking of appeal pursuant to this section shall operate as a stay. The deposit shall remain in escrow until resolution of the appeal.

4 (b) If the agency's determination is reversed by the commission , then the commission shall award reasonable attorney's fees to the customer and costs. The remedies contained in this section are not exclusive, and the customer may, at the customerts sole option, proceed under this section, under Section 100 of Chapter 111-B of Title I of the Guam Code of Civil Procedure, or may pursue any remedies available. (c) Advance notice of a proposed fillng for change of rates or tariffs by a utility must be filed not less than one hundred twenty (120) days prior to the filing of the application and not more than one hundred fifty (150 days prior to such filing. " Section 3. Section 12001 of Title 12, Guam Code Annotated, is hereby amended to read: "Section 12001. public Utilities commission : Number, Appointment of Commissioners. There shall be a public corporation and autonomous instrumentality within the government of Guam, to wit, a public Utilities commission composed of seven (7) members to be called Commissioners, who shall be selected as follows : (a) The Governor shall appoint, with the advice and consent of the Legislature , two (2) members from the business community of Guam; one (1) member who is a certified public accountant; one (1) member who has managerial or engineering experience in the field of power generation; one (1) member who has training and experience in the fleld of telephone, water or sewer utilities management or a related area; and two (2) members who are from the community-at-large.)

5 Except for the initial term, the terms of such members shall be for six (6) years. (b) The Commissioners shall serve staggered terms. One (1) of the initially selected members shall serve a term of one (1) year, three (3) of the initially selected members shall serve a term of three (3) years, and three (3) of the initially selected members shall serve a term of five (5) years. (c) Any vacancies occurring in the membership of the commission during a term shall be filled by the Governor selecting a person from the same category as that from which the person creating the vacancy was appointed. Every person filling a vacancy shall be confirmed by the Legislature . Any person filling a vacancy shall serve only for the unexpired portion of the term, (d) When therc 'lb a ch~nre of aamhjstration of the government of Guam after a gubernatorial election, no courtesy resignation shall be requested by the new administration of the government of Guam nor offered by any Commissioner.

6 (e) The members of the public Utflities commission shall elect a chairperson. (f) At the first meeting of the public Utilities commission , the members shall draw lots to determine which members shall serve the one (1) year term, the three (3) year terms, and the five (5) year terms. (g) The commission may remove or suspend for cause any member of the commission after due notice and public hearing. (h) No person owning any bonds of any public utility regulated by the commission or deriving any remuneration from any public utility regulated by the commission shall be eligible to serve as a Commissioner or be employed by the commission . Further, no person who is an officer or director, or who owns a finandal interest in a corporation or partnership doing business with a regulated utility shall be eligible to serve as a Commissioner or be employed by the commission .

7 (i) No Commissioner shall during the two (2) years immediately following termination of service on the commission be employed by any public utility which is regulated by the commission . (j) No Commissioner may serve on any other board or commission of the government of Guam during his term as Commissioner of the public Utilities Commissi~n.~ Section 4. Section 12004 of Title 12, Guam Code Annotated, is hereby amended by adding at the end thereof: nThe commission shall have the power to enter into contracts and execute all instruments necessary or convenient in the exercise of its powers, adopt a seal, and sue or to be sued in its own corporate name. " Section 5. Section 1 of this Act shall be applied 1-di-~ectively to Zntre 20, 1989. All persons who were members of the public Utilities commission on that dbii: whose appointment had been confirmed by the Legislature , shall continue to be members without reappointment by the Governor or reconfirmation by the Legislature for the remainder of their respective terms, The appointments of all persons who have been appointed to the public Utilities commission by the Governor and which have not been confirmed by the Legislature shall continue to be subject to confirmation by the Legislature , TWENTIETH GUAM Legislature 1989 (FIRST) Regular Session Bill No* ROLL CALL SHEET i+ // /2df Date : - "/.

8 Resolution No. - QUESTION: AYE - NOT NAY VOTING - ABSENT J, P. Aguon E. P. Arriola J. G. Bamba M. 2. Bordallo D. F. Brooks H. D. Merking E. R. Duenas E. M. Espaldon C. T. C. Gutierrez P. C. Lujan G. Maillour M. D. A. Manibusan T. S. Nelson D. Parkinson F. J. A. Quitugua E. D. Reyes M. C. Ruth J. T. San Aguetin F. R. Santolr T. V. C. Tanaka A. R. Unpingco v" / / / 4' #"' / v" 4 W /* w-' w / kd \g"r v"" I/" /" (671; ~W-QI~B n) tn-sut ATOR DON PARK~NSO~ I. 20th GUAM Legislature 163 CHALAN SANTO PAPA STREET AGANA, GUAM 96910 MJORITY LEADER snd CHAIRPER=, COmITTEE OW ENERGY, UTILITIES, AI(D COWSUClEB PROTECTIOW August 24, 1989 Honorable Joe T. San Agustin Speaker, 20th Guam Legislature 163 Chalan Santo Papa Agana, Guam 95910 Dear Mr. Speaker: The Committee on Energy, Utilities and Consumer Protection wishes to report out its findings on BILL NO. 852 (as substituted by the Committee on Energy, Utilities and Consumer Protection): AN ACT TO AMENDING SECTIONS 21151 AND 21154 OF THE GOVERNMENT CODE, AND SECTION 42002 OF CHAPTER 12, TITLE 12 GUAM CODE ANNOTATED, RELATIVE TO THE public UTILITIES commission , -11- TO PASS: ------ -0- NOT TO PA= ------- -0- ABSTENTIONS: ----------- REPORT OUT ONLY: -2' -0- OFF-ISLAND: -------------- A copy of the Committee Report and all pertinent documents are attached for your information.)

9 Sincerely, Sena or Do Parkinson Chairman, Committee on Energy, Utilities and Consumer Protection COMMITTEE ON ENERGY, UTILITIES AND CONSUMER PROTECTION VOTING SHEET ON; BILL NO. 852 (as substituted by the Committee on Eaergy, Utilities and Consumer Protection): AN ACT TO AMENDING SECTIONS 21151 AND 21154 OF THE GOVERNMENT CODE, AND SECTION 12002 OF CHAPTER 12, TITLE 12 GUAM CODE ANNOTATED, RELATIVE TO THE public UTILITIES COWSSION. COMMITTEE MEMBERS; INITIAL To PAS HOT TO PASS; Sen. Don Parkinson Sen. Sen, Sen, Sen. Sen, Sen. Sen. Sen. Sen, Sen, Herminia Dierking d George Bamba ~adeleine Bordallo / Doris Brooks Marilyn Manibusan Ted Nelson Franklin Quitugua Martha Ruth Frank Santos Sen, Antonio ~npingco Spkr, Joe T. San WEPORT OUT; REPORT OF THE COMMITTEE ON ENERGY UTILITIES AND CONSUMER PROTECTION 0k BILL NO. 852: AN ACT TO AMENDING SECTIONS 21151 AND 21154 OF THE GOVERNMENT CODE AND SECTION 12002 OF CHAPTER 12 TITLE 12 GUAM CODE ANNOTATED.

10 RELATIVE to THE public UTILITIES commission . REFACE; The Committee on Energy, Utilities and Consumer protection conducted a public hearing on Monday, July 24, 1989 at 5:30 in the Legislative Session Hall on BILL NO. 852: AN ACT TO AMENDING SECTIONS 21151 AND 21154 OF THE GOVERNMENT CODE, AND SECTION 12002 OF CHAPTER 12, TITLE 12 GUAM CODE ANNOTATED, RELATIVE TO THE public UTILITIES commission . Committee Heaibers present at the public hearing-were: Senator Don Parkinson, Chairman; Senator Doris Brooks, member; Senator Ted Nelson, member; Senator Antonio Unpingco, member; and Senator Martha Ruth, member. TESTIMONY; Although, no one appeared before the Committee to testify on Bill NO. 852, written testimony was submitted by Mr. Joseph Duenas, Chairman, public Utilities commission after the public hearing. This testimony is labeled Exhibit "Am. Mr. Duenas stated that public Law 20-28 requires that the Judicial Council develop rules and regulations for the Small Claims Division of the Superior Court of Guam which provide for declaratory type or other relief of disputes over utility billings.