Guam § 12105 - General Powers and Duties.

§ 12105. General Powers and Duties.

(a) The Commission shall have regulatory oversight

supervision of rates as set forth in this Chapter over each public

utility and shall perform the duties and exercise the powers

imposed or conferred upon it by this Chapter.

(b) The Commission in the discharge of any of its duties or

the exercise of any of its powers, except a final determination

affecting a public utility, may act through one or more of its

Commissioners designated by the Commission for this purpose.

(c) The Commission shall investigate and examine any

rates and charges charged by any utility, and all records pertinent

thereto.

(d) The Commission may seek advice from an independent

utility expert, shall approve, disapprove, increase or reduce rates

for each utility.

(e) The Commission shall establish and modify from time

to time, reasonable rates and charges for services, including

General Lifeline Rates, which as far as Guam Telephone

Authority, the Guam Waterworks Authority, and Guam Power

Authority are concerned, when all rates for respective blocks of

usage are considered together, shall be at least adequate to cover

the full cost of such service or subject to any contractual

agreements of the utilities to the holders of any bonds and shall

increase rates or charges from time to time as may be necessary

pursuant to any contractual obligations, except that General

Lifeline Rates may only be increased when the total actual

overall cost of providing service to all classes of customers,

increases by no less than twenty percent (20%).

(1) The utilities shall not, however, enter into any

contractual agreements or obligations which could increase

rates and charges prior to the written approval of the

Commission.

(2) No money in any utility sinking fund may be

released except for the purpose for which it is dedicated.

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(f) No rate change may be approved by the Commission

unless it is affirmatively established, by a preponderance of the

evidence, that a rate change is necessary.

(1) The Commission shall conduct such investigation

and hearings as to any such rate changes as it deems

necessary.

(2) As to the Guam Power Authority, the Commission

shall ensure that rates will, at all times, be sufficient to

enable the utility to meet its financial obligations, operating

expenses, debt service and capital improvement needs.

(3) Any rate change shall be considered by the

Commission using standards and financial criteria

consistent with generally accepted rate-making practices of

public utilities and in full consideration of the requirement

to establish and maintain General Lifeline Rates.

(g) The 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.

(h) At any public hearing concerning the establishment or

modification of any rate, the commission may consider any

factual testimony and evidence presented by the general public.

In addition, any member of the public may present witnesses at

such public hearing, upon a timely application made to the

commission.

(1) The commission, in determining whether a

member of the public may be allowed to present witnesses,

shall take into account an offer of proof to be filed with the

application for such privilege and determine whether the

proof offered would add anything to the proceedings.

(2) The request to present witnesses may be denied if

the commission finds that such action is of a dilatory nature

or would otherwise impede the operations of the

commission unduly.

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(3) The right to present evidence and witnesses shall

be liberally granted as long as such activity would not

unduly impede the activities of the commission or delay the

decision making process of the commission.

(4) Nothing herein shall prevent any witness from

testifying at a public hearing on his own behalf and

presenting any type of documentary or physical evidence at

the time of testimony which may be relevant to the matter

before the commission.

(5) The Commission shall give such weight to the

testimony and evidence presented by the general public as it

gives to evidence presented by the participants before the

Public Utility Commission in the docket concerned and

shall hold the evidence presented by the general public to

the same criteria, the same standards of proof, and the same

rules of evidence as would be applicable to a participant.

(6) Any participant may make objections to the

introduction of evidence by any member of the general

public upon any grounds which would be appropriate if

such evidence were being presented by a participant to the

proceedings.

(7) The commission may allow cross-examination of

witnesses by participants to the proceedings and may, if

appropriate, allow participants an opportunity to refute

evidence presented by the general public if the interests of

justice so require.