Guam § 12119 - Appeals.

§ 12119. Appeals.

From every order made by the Commission under

provisions of this Chapter which is final, or, if preliminary, is of

the nature that deferral of review pending entry of a subsequent

final decision would deprive appellant of adequate relief, an

appeal shall lie to the Superior Court of Guam within thirty (30)

calendar days from the date of the order. Failure of the

Commission to act upon a rate request change within one

hundred twenty (120) days of final filing by a public utility shall

be deemed a final order denying said rate request change for the

purposes of this Section.

A >final filing= by a public utility occurs when a utility has

filed all documentation necessary to support the request for a rate

change. The appeal shall be deemed a review of an

administrative proceeding and shall not be a trial de novo. The

appeal shall not of itself stay the operation of the order appealed

from, but the Superior Court of Guam may stay the order after a

hearing upon a motion therefor, and may impose such conditions

as it may deem proper as to giving a bond and keeping the

necessary accounts or otherwise in order to secure a restitution of

the excess charges, if any, made during the pendency of the

appeal in case the order appealed from should be sustained,

reversed or modified in whole or in part.