Chapter 79

12 GCA AUTONOMOUS AGENCIES CH. 79 CONSOLIDATED COMMISSION ON UTILITIES 1 CHAPTER 79 CONSOLIDATED COMMISSION ON UTILITIES SOURCE : This Chapter was added by P.L. 26-76:8. § 79100. Creation of Commission. § 79101. Commissioners. § 79102. Non-partisan Office. § 79103. Terms of Office. § 79104. Reporting Requirements. § 79105. Vacancies. § 79106. Compensation. § 79107. Subpoena Powers. § 79108. Publishing Consumer Complaints. § 79100. Creation of Commission. There is established an elected Consolidated Commis sion on Utilities whose purpose is to exercise powers veste d in them by the laws establishing the Guam Power Authority (‘GPA’) and t he Guam Waterworks Authority (‘GWA’). The Consolidated Com mission on Utilities, hereinafter referred to as >Commission = shall be elected by the registered voters of Guam. § 79101. Commissioners. The Commission shall be comprised of five (5) Commi ssioners elected at-large by the voters of Guam in a General Election. To be eligible to be a Commissioner, a person must be a r egistered voter of Guam and a minimum of twenty-five (25) years of age , and shall have been a resident of Guam for at least five (5) years immediately prior to the date of the

, a person must be a r egistered voter of Guam and a minimum of twenty-five (25) years of age , and shall have been a resident of Guam for at least five (5) years immediately prior to the date of the Commissioner’s election. A person may not simultaneously serve as a Commiss ioner and an employee of the Guam Waterworks Authority, the Guam Power Authority, or the Public Utilities Commission, or s imultaneously serve as a Commissioner and an unclassified or contracted em ployee of the government of Guam. An adjunct instructor, adjunct teacher, or adjunct professor employed by the University of Guam or the Guam Community College may serve as a Commissioner. Persons retired from the government of Guam may ser ve as Commissioners. At their first official meeting, the Commissioners shall COL122201412 GCA AUTONOMOUS AGENCIES CH. 79 CONSOLIDATED COMMISSION ON UTILITIES 2 elect from among the Commissioners a chairperson, w ho shall preside over meetings of the Commission. A majority of the Commissioners holding office shall constitute a quorum. The affir mative vote of the Commissioners holding office shall constitute the d ecision of the Commission.

f the Commission. A majority of the Commissioners holding office shall constitute a quorum. The affir mative vote of the Commissioners holding office shall constitute the d ecision of the Commission. The Commission may adopt rules and regu lations governing the conduct of its affairs. SOURCE : Added by P.L. 26-126:2. Amended by P.L. 27-065:2 . § 79102. Non-partisan Office. The Office of Commissioner is a non-partisan office . Candidates for the Office of Commissioner shall not identify t hemselves as members of any political party on Guam for the purpose of t heir campaign, nor shall they receive any endorsement or material supp ort from any political party on Guam during the course of their campaigns. No Primary Election is required for candidates for this office . No nominating petitions shall be required of any candidate for th is Office. Any qualified person applying to the Guam Election Commission, or its successor, for candidacy to this office shall be placed on the Gen eral Election ballot. In each election, the candidates receiving the highest numbers of votes shall be the elected Commissioners, without regard to the actual number of votes cast or received, and no runoff

ection ballot. In each election, the candidates receiving the highest numbers of votes shall be the elected Commissioners, without regard to the actual number of votes cast or received, and no runoff elections sha ll be required. § 79103. Terms of Office. (a) Except as provided in § 79105 and in Subsection (b) of this Section, each Commissioner shall be elected to serv e a term of four (4) years, commencing on the First (1st) day of January following their election. (b) The first election for members of the Commissio n shall occur during the General Election in November, 2002. The three (3) candidates receiving the highest numbers of votes s hall each be elected to serve a four (4) year term, and the two (2) cand idates receiving the next highest numbers of votes shall each be elected to serve a two (2) year term. § 79104. Reporting Requirements. Commissioners and candidates for the Office of Comm issioner shall be subject to the same reporting requirements perta ining to their campaign contributions and expenditures as apply to candidates and members of I Liheslaturan Guåhan [the Legislature]. Commissioners COL122201412 GCA AUTONOMOUS AGENCIES CH.

ents perta ining to their campaign contributions and expenditures as apply to candidates and members of I Liheslaturan Guåhan [the Legislature]. Commissioners COL122201412 GCA AUTONOMOUS AGENCIES CH. 79 CONSOLIDATED COMMISSION ON UTILITIES 3 and candidates for the Office of Commissioner shall be required to file a personal disclosure statement that shall contain th e following items: (a) the source of all wages and commissions paid to the Commissioner, or candidate for the Office of Commis sioner; (b) a list of all corporations or partnerships in w hich the Commissioner, or candidate for the Office of Commis sioner, has a material interest of five percent (5%) or greater; and (c) a list of all corporations, partnerships or sol e proprietorships in which the Commissioner, or candidate for the Off ice of Commissioner, has a material interest of fifty perc ent (50%) or more. A candidate for the Office of Commissioner shall be required to file the personal disclosure statement required by this Section with the Guam Election Commission upon filing that person =s candidacy with the Guam Election Commission.

issioner shall be required to file the personal disclosure statement required by this Section with the Guam Election Commission upon filing that person =s candidacy with the Guam Election Commission. A Commissioner is required to file the personal disclosure statement required by this Section on an annual basis on the same dates personal financial disclosures are requi red from members of I Liheslaturan Guåhan. SOURCE : Repealed/reenacted by P.L. 26-130:2. § 79105. Vacancies. (a) A permanent vacancy in the Office of a Commissi oner shall be filled as follows: (1) If the vacancy to be filled is for twelve (12) months or more, the vacancy shall be filled by the next highe st vote-getter in the last General Election for Commissioner. (2) If the vacancy to be filled is for less than tw elve (12) months, the position shall remain vacant until the next General Election. For the purpose of items (1) and (2) in determining how many months remaining on the vacant position, the effect ive date of vacancy shall be the date from which to measure the months remaining, and not the date when the vacancy is act ually filled.

g how many months remaining on the vacant position, the effect ive date of vacancy shall be the date from which to measure the months remaining, and not the date when the vacancy is act ually filled. (b) The vacancy being filled under this provision w ill be for the remaining balance of the term of the vacated positi on. SOURCE : Amended by P.L. 29-036:1 (Oct. 25, 2007). COL122201412 GCA AUTONOMOUS AGENCIES CH. 79 CONSOLIDATED COMMISSION ON UTILITIES 4 § 79106. Compensation. Commissioners shall be compensated at the rate of O ne Thousand Dollars ($1,000.00) per month for their services. A ll funds required for the operations of the Commission shall be obtained by subscription from the Authorities administered by the Commission, pur suant to such formula as the Commission shall devise. Commissione rs shall not be eligible for government of Guam retirement or insur ance benefits, or other benefits associated with government of Guam e mployment. Commissioners who are government of Guam retirees m ay serve on the Commission without giving up their retirement benef its. SOURCE : Amended by P.L. 27-05:IV:17(b). Amended by P.L. 28-150:V:44 (Sept. 30, 2006). § 79107. Subpoena Powers.

am retirees m ay serve on the Commission without giving up their retirement benef its. SOURCE : Amended by P.L. 27-05:IV:17(b). Amended by P.L. 28-150:V:44 (Sept. 30, 2006). § 79107. Subpoena Powers. The Chairperson of the Consolidated Commission on Utilities, upon his or her own initiative, upon the request of any member of the Commission, or upon the request of any party before the Commission, may summon in writing any person to attend before a meeting of the Commission as a witness and in a proper case, to br ing with him or her any book, record, or paper which may be deemed mate rial as evidence in the case. The fees for such attendance shall be sam e as the fees of witnesses before the Superior Court, except that if the witness is a government employee no witness fees shall be given. The subpoena shall issue in the name of the Consolidated Commission on Utilities, and shall be directed to the person and shall be served in th e same manner as subpoenas to appear and testify before the Superior Court. If any person or persons summoned to testify refuses or neglects to obey said subpoena, upon petition, the Superior Court may com pel the attendance of such person or persons

fore the Superior Court. If any person or persons summoned to testify refuses or neglects to obey said subpoena, upon petition, the Superior Court may com pel the attendance of such person or persons before the Commission, or punish said person or persons for contempt in the same manner provided by law for securing the attendance of witnesses or their punishment for neglect or refusal to attend in the Superior Court. SOURCE : Added by P.L. 28-159:8 (Dec. 29. 2006). § 79108. Publishing Consumer Complaints. (a) Within ninety (90) days of the enactment of thi s Section, the Commission shall adopt a policy, via Board Resoluti on, that establishes the acceptance, review, distribution, and resolutio n of consumer complaints filed with either the Guam Power Authori ty or the Guam COL122201412 GCA AUTONOMOUS AGENCIES CH. 79 CONSOLIDATED COMMISSION ON UTILITIES 5 Waterworks Authority. Such policy shall include the creation of a reporting template, herein referred to as the Consu mer Complaint and Resolution Report, which will categorize the type o f complaint lodged with each entity, the date the complaint was lodged , and the manner in which said complaint was addressed.

su mer Complaint and Resolution Report, which will categorize the type o f complaint lodged with each entity, the date the complaint was lodged , and the manner in which said complaint was addressed. (b) The Commission shall publish the Consumer Compl aint Report on its website on the twentieth (20th) day followin g the end of each calendar month, and shall transmit the same within fifteen (15) days after the end of every calendar quarter to I Maga’lahen Guåhan , the Speaker of I Liheslaturan Guåhan , and the Public Utilities Commission. SOURCE : Added by P.L. 32-193:2 (Oct. 13. 2014). 2014 NOTE: Subsection designations were added by the Compile r pursuant to the authority granted by 1 GCA § 1606. ---------- COL1222014