Chapter 13

12 GCA AUTONOMOUS AGENCIES CH. 13 PUBLIC UTILITIES FAIR PRACTICES ACT 1 CHAPTER 13 PUBLIC UTILITIES FAIR PRACTICES ACT § 13101. Short Title. § 13102. Definitions. § 13103. Complaints. § 13104. Appeal From Agency Action. § 13105. Appeals: Commission Rules. § 13101. Short Title. This Chapter may be cited as the Public Utilities Fair Practices Act. SOURCE: Enacted as GC §21150 by P.L. 14-030 (May 31, 1977). § 13102. Definitions. As used in this Chapter: (1) Customer means a person standing in contractual relation- ship with the Guam Waterworks Authority or the Guam Power Authority whereby said contract calls for the respe ctive agency to supply the customer with water or power, respective ly. (2) Agency means the Guam Waterworks Authority and the Guam Power Authority, as may appear from the contex t. (3) Commission means the Public Utilities Commission. (4) Customer complaint means the complaint filed with an agency detailing reasons why a customer believes an agency billing is erroneous or an agency action is harmful to him. (5) Agency statement means a written statement prepared by the agency involved responding to a customer compla int.

omer believes an agency billing is erroneous or an agency action is harmful to him. (5) Agency statement means a written statement prepared by the agency involved responding to a customer compla int. (6) Deposit payment means a cash payment to be made at the time a customer complaint is filed. The deposit pay ment shall not exceed an amount equal to the average of three (3) months’ billing prior to the time that the dispute arose. SOURCE: Enacted as GC §21151 by P.L. 14-030 (May 31, 1977). Subsection (3) repealed/reenacted by P.L. 16-049:7 (Dec. 2, 1981); P.L. 20-031:1 (June 29, 1989); P.L. 20-066:1 (Sept. 14, 1989). Subsection (d) repealed/reenacted by P.L. 16-049:7 (Dec. 2, 1981). Subsections (1) and (2) repealed and reenacted by P.L. 27-110:11 (Nov. 1, 2004). Subsection (6) amended by P.L. 36-099:2 (May 13, 2022). COL6/6/202212 GCA AUTONOMOUS AGENCIES CH. 13 PUBLIC UTILITIES FAIR PRACTICES ACT 2 § 13103. Complaints. A customer who in good faith believes that he has been incorrectly billed for services by an agency or har med by another action of the agency except a rate increase, may su bmit a customer complaint to the agency involved.

aith believes that he has been incorrectly billed for services by an agency or har med by another action of the agency except a rate increase, may su bmit a customer complaint to the agency involved. Upon receipt of the customer complaint, and the deposit payment in the case of a billing dispute, the agency shall investigate the matters raised in the customer complaint. The agency shall forthwith furnish the customer with a statement indicating the right of appeal provided by § 13104 of this Chapter. Within thirty (30) days, the agency shall respond to the customer as to its findings with respect to the complaint. If required, the agency shall make an adjustment of ac count, including a credit for or return of any deposit pay ment or portion thereof made towards the amount disputed if the age ncy statement indicates an adjustment is due a customer. However , if the agency indicates that the dispute should be resolved in fa vor of the agency, and it is a billing dispute, the agency sha ll charge the customer’s account the amount due less any deposit payments made towards the disputed amount and may offer a pa yment plan.

or of the agency, and it is a billing dispute, the agency sha ll charge the customer’s account the amount due less any deposit payments made towards the disputed amount and may offer a pa yment plan. If the agency determines that one of its actions ha s harmed the customer, then it shall pay to the customer liquida ted damages, if any, for such action. Disconnection or termination of services shall not be undertaken by the agency with respect to the disputed amount until the expiration of thirty (30) days fro m the date the statement required by this Section shall be mailed to the customer. SOURCE: Enacted as GC §21152 by P.L. 14-030 (May 31, 1977). Repealed/reenacted by P.L. 16-049:8 (Dec. 2, 1981). Amended by P.L. 36-099:3 (May 13, 2022). § 13104. Appeal From Agency Action. (a) If an agency statement is adverse to a customer , the customer may file an appeal with the Commission wit hin thirty (30) days of the issuance of the agency statement. The Commission shall have jurisdiction to resolve the d ispute. During the pendency of said appeal, no action adverse to t he customer with respect to the disputed amount may be undertak en.

atement. The Commission shall have jurisdiction to resolve the d ispute. During the pendency of said appeal, no action adverse to t he customer with respect to the disputed amount may be undertak en. An appeal pursuant to this Section shall operate as a stay. (b) If the agency’s determination is reversed by th e Commis- sion, then the Commission shall require the agency to make an COL6/6/202212 GCA AUTONOMOUS AGENCIES CH. 13 PUBLIC UTILITIES FAIR PRACTICES ACT 3 adjustment of account, including a credit, return o f any deposit payment or a portion thereof. The remedies contain ed in this section are not exclusive, and the customer may, at the customer’s sole option, proceed under this Section, proceed pu rsuant to Article 2 of Chapter 4, Title 7, Guam Code Annotate d, or may pursue any other remedies available. (c) Advance notice of a proposed filing for change of rates or tariffs by a utility must be filed not less than on e hundred twenty (120) days prior to the filing of the application a nd not more than one hundred fifty (150) days prior to such filing. SOURCE: Enacted as GC §21153 by P.L. 14-030 (May 31, 1977). Amended by P.L. 16-049:9 (Dec. 2, 1981); P.L.

ling of the application a nd not more than one hundred fifty (150) days prior to such filing. SOURCE: Enacted as GC §21153 by P.L. 14-030 (May 31, 1977). Amended by P.L. 16-049:9 (Dec. 2, 1981); P.L. 20-03 1:3 (June 29, 1989); P.L. 20-066:2 (Sept. 14, 1989). Amended by P.L. 36 -099:4 (May 13, 2022). § 13105. Appeals: Commission Rules. The Commission shall promulgate rules and regulatio ns for entertaining the appeals provided by § 13104 of thi s Chapter. SOURCE: Enacted as GC §21154 by P.L. 14:030 (May 31, 1977). Amended by P.L. 16-049:10 (Dec. 2, 1981); P.L. 20-0 31:2 (June 29, 1989). ---------- COL6/6/2022