(a) The Commission shall have regulatory oversight supervision of rates as set forth in this Chapter over each public utility and shall perform the duties and exercise the powers imposed or conferred upon it by this Chapter.

(b) The Commission in the discharge of any of its duties or the exercise of any of its powers, except a final determination affecting a public utility, may act through one or more of its Commissioners designated by the Commission for this purpose.

(c) The Commission shall investigate and examine any rates and charges charged by any utility, and all records pertinent thereto.

(d) The Commission may seek advice from an independent utility expert, shall approve, disapprove, increase or reduce rates for each utility.

(e) The Commission shall establish and modify from time to time, reasonable rates and charges for services, including General Lifeline Rates, which as far as Guam Telephone Authority, the Guam Waterworks Authority, and Guam Power Authority are concerned, when all rates for respective blocks of usage are considered together, shall be at least adequate to cover the full cost of such service or subject to any contractual agreements of the utilities to the holders of any bonds and shall increase rates or charges from time to time as may be necessary pursuant to any contractual obligations, except that General Lifeline Rates may only be increased when the total actual overall cost of providing service to all classes of customers, increases by no less than twenty percent (20%).

(1) The utilities shall not, however, enter into any contractual agreements or obligations which could increase rates and charges prior to the written approval of the Commission.

(2) No money in any utility sinking fund may be released except for the purpose for which it is dedicated.

TELECOMMUNICATIONS ACT OF 2004

(f) No rate change may be approved by the Commission unless it is affirmatively established, by a preponderance of the evidence, that a rate change is necessary.

(1) The Commission shall conduct such investigation and hearings as to any such rate changes as it deems necessary.

(2) As to the Guam Power Authority, the Commission shall ensure that rates will, at all times, be sufficient to enable the utility to meet its financial obligations, operating expenses, debt service and capital improvement needs.

(3) Any rate change shall be considered by the Commission using standards and financial criteria consistent with generally accepted rate-making practices of public utilities and in full consideration of the requirement to establish and maintain General Lifeline Rates.

(g) The Commission shall have the power to enter into contracts and execute all instruments necessary or convenient in the exercise of its powers, adopt a seal, and sue or to be sued in its own corporate name.

(h) At any public hearing concerning the establishment or modification of any rate, the commission may consider any factual testimony and evidence presented by the general public. In addition, any member of the public may present witnesses at such public hearing, upon a timely application made to the commission.

(1) The commission, in determining whether a member of the public may be allowed to present witnesses, shall take into account an offer of proof to be filed with the application for such privilege and determine whether the proof offered would add anything to the proceedings.

(2) The request to present witnesses may be denied if the commission finds that such action is of a dilatory nature or would otherwise impede the operations of the commission unduly.

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(3) The right to present evidence and witnesses shall be liberally granted as long as such activity would not unduly impede the activities of the commission or delay the decision making process of the commission.

(4) Nothing herein shall prevent any witness from testifying at a public hearing on his own behalf and presenting any type of documentary or physical evidence at the time of testimony which may be relevant to the matter before the commission.

(5) The Commission shall give such weight to the testimony and evidence presented by the general public as it gives to evidence presented by the participants before the Public Utility Commission in the docket concerned and shall hold the evidence presented by the general public to the same criteria, the same standards of proof, and the same rules of evidence as would be applicable to a participant.

(6) Any participant may make objections to the introduction of evidence by any member of the general public upon any grounds which would be appropriate if such evidence were being presented by a participant to the proceedings.

(7) The commission may allow cross-examination of witnesses by participants to the proceedings and may, if appropriate, allow participants an opportunity to refute evidence presented by the general public if the interests of justice so require.

SOURCE: Added by P.L. 17-074 (Oct. 26, 1984), amended by P.L. 18-
009:23 (July 23, 1985), P.L. 20-066:4 (Sept. 14, 1989), P.L. 21-142:3 (Jan. 2, 1993), P.L. 23-030:1 (June 27, 1995), P.L. 23-119:4 (July 31,
1996).

2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 Guam Code Ann. § 1606.

NOTE: Public Law 26-076:21 (Mar. 12, 2002) stated:

Section 21. PUC to Continue to Regulate Rates. The Public Utilities Commission (APUC@) shall continue to have jurisdiction in regulating and setting rates for both the Guam Waterworks Authority (AGWA@) and the Guam PowerTELECOMMUNICATIONS ACT OF 2004

Authority (AGPA@). Nothing in this Act shall be construed as impairing the powers, duties or effectiveness of the PUC in relation to GWA or GPA.