Guam § 12127 - Estimated Billings.

§ 12127. Estimated Billings.

Except as provided in § 12128 of this title neither the Guam

Waterworks Authority nor the Guam Power Authority may bill

consumers for consumption based upon estimated usage.

(a) All bills shall be rendered only upon actual

readings taken within no more than seventy (70) days of the

billing, provided, that regular bills are sent at approximately

thirty (30) day intervals, and further provided that effective

July 1, 1994, all meters shall be read at least every forty

(40) days unless the Public Utilities Commission (PUC) has

approved a billing plan to read the meters approximately

every two (2) months and estimate every other bill.

(b) All estimated bills shall clearly reflect that they are

based on estimated readings. After July 1, 1994, all

estimated billings permitted pursuant to this section and §

12128, Title 12, Guam Code Annotated, shall be allowed

only if the PUC has approved a comprehensive billing plan

permitting estimated readings as permitted by said sections,

and has established a formula for determining the estimated

bills and has established a formula to ensure that all under-

and over-estimated bills be fully adjusted for actual usage at

the next subsequent billing based on actual usage.

COL6/24/2021

TELECOMMUNICATIONS ACT OF 2004

(c) If a utility fails to read a meter for more than

seventy (70) days, it can only charge the customer for actual

usage based upon consumption between the dates of a new

actual reading of the customer’s meter and a subsequent

timely reading to determine actual usage, and subsequent

timely readings thereafter.

(d) In the event of a natural disaster such as a typhoon,

earthquake, tidal wave or other natural disaster or unusual

circumstances, the Governor may by executive order,

extend this seventy-(70) day period for readings of the

utility in question, up to a period of one hundred twenty

(120) days, in increments of fifteen (15) days at a time, with

any subsequent orders signed at least three (3) days after the

previous order, which orders may not cumulatively extend

the time for billing beyond a total of one hundred twenty

(120) days from the date of the last billing.

This section shall not apply in any case where the utility proves

that there was fraud or tampering with the meter in question on

the part of the consumer or by an agent or employee of the

consumer, or where there is proof of fraud, collusion or

conspiracy by the consumer to pay less than the proper charges

to the utility concerned.

If the meter in question is inaccessible to the utility’s meter

readers as a result of the fault of the consumer, and the consumer

has been notified in writing of such inaccessibility, then this

section shall not apply and the utility can make estimated billings

until the meter is accessible.