Public Utilities Commission: Number, Appointment

of Commissioners. There shall be a public corporation and autonomous instrumentality within the government of Guam, to wit, a Public Utilities Commission composed of seven

(7)members to be called Commissioners, who shall be selected as follows:

(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)members COL6/24/2021 CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS 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 COL6/24/2021 CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 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.