Guam § 12128 - Back Billing.
Full text of Guam Guam Code Annotated § 12128 — Back Billing., with citation guidance and answers to common questions.
§ 12128. Back Billing.
Neither the Guam Waterworks Authority nor the Guam
Power Authority ("GPA") may back bill customers for additional
COL6/24/2021
TELECOMMUNICATIONS ACT OF 2004
consumption of water, sewer, or electric power due to faulty
meters or previous billing errors, except as provided in this
section.
(a) In cases of non-functioning or defective meters,
GPA and Guam Waterworks Authority are prohibited from
back billing customers for additional consumption of water
and power based upon estimated usage except for back
billing not exceeding the four billing cycles of
approximately thirty (30) days each immediately preceding
the discovery by such utility of the error, and not to exceed
four (4) months, for the reasonably estimated usage for such
cycles, using reasonable estimates based upon subsequent
actual average daily consumption by the consumer over a
two (2) month period, or other formula, with any such other
formula to approved by the Public Utilities Commission.
(b) In cases of other billing errors or omissions GPA
and Guam Waterworks Authority are prohibited from back
billing customers for additional consumption of water,
sewer and power except for back billing not exceeding the
four billing cycles of approximately thirty (30) days each
immediately preceding the discovery by such utility of the
error, and not to exceed four (4) months.
(c) The time limitations of this section shall not apply
in any case where a meter is shown by the utility to have
been damaged or to be unavailable to be read as a result of
actions or negligence of the consumer, where there is active
fraud or tampering with the meters 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 for water,
sewer or power.
For purposes of this Section, the burden of proof shall be on
the utility by clear and convincing evidence that the meters were
actually read.
Frequently Asked Questions About Guam § 12128
What does Guam Code Annotated § 12128 cover?
Section 12128 ("Back Billing.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 12128?
A common citation format is "Guam Code Annotated § 12128" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 12128 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.