American Samoa § 15.0102 - Powers and duties of the Authority.

§ 15.0102. Powers and duties of the Authority.

The American Samoa Power Authority: (1) may sue and be sued as set forth in 43.1203 and 43.1205; (2) may adopt and use a seal; (3) may make contracts, as authorized in this chapter; (4) may adopt, amend, and repeal bylaws; (5) may purchase or lease and hold personal property it considers necessary or convenient in the transaction of its business, and may dispose of personal property held by it; (6) has the power in the name of the government to purchase, lease, or sell real estate, and to accept title to that real estate in the name of the government, to accomplish the purposes of this chapter; (7) shall make all arrangements for the generation, purchase, transmission, distribution, and sale or other disposition of electric energy generated by facilities of the Authority or purchased by the Authority within the Territory; (8) shall develop and publish tariffs and schedules of rates, charges, and services and other rules for providing electric energy in accordance with the Administrative Procedure Act, 4.1001 et seq.; these rates and charges carry into effect, as near as may be, the standards prescribed for ratemaking in PL 05-617, the Public Utility Regulatory Policies Act, effective 9 November 1978, 16 U.S.C. 2621 et seq.; (9) shall, through its Water and Wastewater Utility Division, make all arrangements for the production, distribution, and sale of potable water, and the collection and disposal of wastewater, and the operations and maintenance of the water and wastewater systems within the Territory of American Samoa; (10) shall develop and publish tariffs and schedule of rates, charges, and services and other rules of providing potable water and for wastewater disposal in accordance with the Administrative Procedures Act, 4.1001 et seq.; (11) may borrow money and incur indebtedness for capital improvements, and may mortgage, assign, hypothecate and give security interests in Authority property and earned revenue to secure such indebtedness; provided that no mortgage of or security interest in real property of the Authority or of the government may be given; provided that any indebtedness so created shall be that of the Authority alone, and shall not be an obligation or debt of the government, unless otherwise provided by law and provided that total indebtedness shall not exceed 50% of the Authority’s equity unless approved by the Fono; (12) may contract for the procurement of supplies, equipment, materials, personal services other than by employees, and construction with any public or private entity upon terms and conditions as it finds necessary to the full and convenient exercise of its purposes and powers, subject to all applicable laws and rules of American Samoa; the Authority shall receive and account for its inventory of materials, supplies and equipment; and (13) may do other things needful and necessary to the full and convenient exercise of the above powers, including but not limited to the construction of facilities on property owned by the government.