12 Guam Code Ann. § 12128
Terms Used In 12 Guam Code Ann. § 12128
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
Power Authority (“GPA”) may back bill customers for additionalTELECOMMUNICATIONS 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.
SOURCE: Added by P.L. 22-053:3 (Dec. 2, 1993). Amended by P.L. 23-
119:5 (July 31, 1996).
TELECOMMUNICATIONS ACT OF 2004
2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 Guam Code Ann. § 1606.