Guam § 12102 - Public Utilities Commission: Number, Appointment

§ 12102. 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) I Maga’Lahen Guåhan [Governor of Guam] shall

appoint, with the advice and consent of I Liheslaturan

Guåhan [Guam Legislature], two (2) members from the

business community of Guam; one (1) member who is a

certified public accountant; two (2) members, each of whom

have training or experience in at least one (1) of the

following four (4) areas (power generation, telephone,

water/sewer utilities, or marine terminal

operations/transportation via ocean common carrier), with

the additional requirement that the two (2) members

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appointed each have training or experience in a different

area; and two (2) members who are from the community at

large.

Except for the initial term, the terms of such members

shall be for six (6) years. No member shall be a director,

deputy director, appointed, unclassified employee, any other

unclassified employee of the government of Guam, or a

member of any other board or commission. The

appointment of any person to the Commission shall become

void if at any time during that person’s term of office, that

person shall become a director, deputy director, appointed

to any unclassified position in the government of Guam, or

accept appointment to any other board or commission.

(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 there is a change of administration 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.

(e) The members of the Public Utilities Commission

shall elect a chairperson.

(f) At the first meeting of the Public Utilities

Commission, the members shall draw lots to determine

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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 financial 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.

(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 Commission.

(k) Commissioners shall be compensated at the rate of

One Thousand Dollars ($1000.00) per month. Such

compensation shall be apportioned by the PUC in a fair and

equitable manner among the utilities and entities regulated

by the PUC. Commissioners shall not be eligible for

government of Guam retirement or insurance benefits, or

other benefits associated with government of Guam

employment.