12 Guam Code Ann. § 12102
Terms Used In 12 Guam Code Ann. § 12102
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(a) I Maga’Lahen Guåhan [Governor of Guam] shall appoint, with the advice and consent of I Liheslaturan Guåhan [Guam Legislature], two (2) members from the business community of Guam; one (1) member who is a certified public accountant; two (2) members, each of whom have training or experience in at least one (1) of the following four (4) areas (power generation, telephone, water/sewer utilities, or marine terminal operations/transportation via ocean common carrier), with the additional requirement that the two (2) membersTELECOMMUNICATIONS ACT OF 2004
appointed each have training or experience in a different area; and two (2) members who are from the community at large.
Except for the initial term, the terms of such members shall be for six (6) years. No member shall be a director, deputy director, appointed, unclassified employee, any other unclassified employee of the government of Guam, or a member of any other board or commission. The appointment of any person to the Commission shall become void if at any time during that person’s term of office, that person shall become a director, deputy director, appointed to any unclassified position in the government of Guam, or accept appointment to any other board or commission.
(b) The Commissioners shall serve staggered terms. One (1) of the initially selected members shall serve a term of one (1) year, three (3) of the initially selected members shall serve a term of three (3) years, and three (3) of the initially selected members shall serve a term of five (5) years.
(c) Any vacancies occurring in the membership of the Commission during a term shall be filled by the Governor selecting a person from the same category as that from which the person creating the vacancy was appointed. Every person filling a vacancy shall be confirmed by the Legislature. Any person filling a vacancy shall serve only for the unexpired portion of the term.
(d) When there is a change of administration of the government of Guam after a gubernatorial election, no courtesy resignation shall be requested by the new administration of the government of Guam nor offered by any Commissioner.
(e) The members of the Public Utilities Commission shall elect a chairperson.
(f) At the first meeting of the Public Utilities
Commission, the members shall draw lots to determine
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which members shall serve the one (1) year term, the three
(3) year terms, and the five (5) year terms.
(g) The Commission may remove or suspend for cause any member of the Commission after due notice and public hearing.
(h) No person owning any bonds of any public utility regulated by the Commission or deriving any remuneration from any public utility regulated by the Commission shall be eligible to serve as a Commissioner or be employed by the Commission. Further, no person who is an officer or director, or who owns a financial interest in a corporation or partnership doing business with a regulated utility shall be eligible to serve as a Commissioner or be employed by the Commission.
(i) No Commissioner shall during the two (2) years immediately following termination of service on the Commission be employed by any public utility which is regulated by the Commission.
(j) No Commissioner may serve on any other board or commission of the government of Guam during his term as Commissioner of the Public Utilities Commission.
(k) Commissioners shall be compensated at the rate of One Thousand Dollars ($1000.00) per month. Such compensation shall be apportioned by the PUC in a fair and equitable manner among the utilities and entities regulated by the PUC. Commissioners shall not be eligible for government of Guam retirement or insurance benefits, or other benefits associated with government of Guam employment.
SOURCE: Added by P.L. 17-074 (Oct. 26, 1984); amended by P.L. 20-
066:3 (Sept. 14, 1989). Subsection (a) amended by P.L. 24-047:1 (June
20, 1997), P.L. 24-143:18 (Feb. 27, 1998), P.L. 25-005:4 (May 10, 1999), P.L. 26-066:2 (Dec. 22, 2001), P.L. 30-052:4 (July 14, 2009). Subsection (k) added by P.L. 31-251:2 (Dec. 11, 2012).