The Authority shall be liable for damage caused to electrical appliances and devices when such damage is proximately caused by power surges, voltages fluctuations or frequency fluctuations in the power supplied by the Authority to a consumer and when such damage is not a result of any negligence on the part of the consumer and is not a result of an otherwise defective appliance or electrical device. Except for computer equipment or equipment for which the manufacturer recommends that a voltage protection

COL 6/21/2023

12 Guam Code Ann. AUTONOMOUS AGENCIES
CH. 8 GUAM POWER AUTHORITY

device, surge protector, or power conditioning device be installed by the consumer, the Authority may not require the use of voltage protection devices, surge protectors or power conditioners and may not raise the failure to use such devices as a defense to claims for damages arising out of voltage or frequency fluctuations or power surges. In establishing liability for damages pursuant to this section, the consumer need only prove that the appliance or electrical device was damaged by a variation of voltage or a variation of frequency or a surge in power supplied by the Authority. The Authority may raise as an affirmative defense proof that the appliance or electrical device in question was defective or that the fluctuation of voltage or frequency or power surge was not caused by the Authority but was in fact caused by the consumer’s electrical wiring system or devices or equipment belonging to the consumer. It shall be an affirmative defense for the Authority to establish that the quality of power delivered to the consumer’s meter was satisfactory.

Any consumer claiming damages from the Authority who relies upon the provisions of this section must file such a claim with the Authority within ninety (90) days of the date of the alleged damage. Otherwise, except for the shortened period in which to make a claim, the procedures contained in the Government of Guam Claims Act shall apply to claims brought pursuant to this section to the extent not otherwise inconsistent herewith. This section shall be effective only as to damages occurring after the date that this section becomes law.

SOURCE: Added by P.L. 22-021 (June 22, 1993)