Proposed Public Utility Rate Increases

(a)Sections 12102.1 through 12102.2, which shall be known as the Ratepayers’ Bill of Rights, shall in no way restrict the powers of the Public Utilities Commission (Commission) granted in this Chapter to regulate or set rates for a Public Utility. The Ratepayers’ Bill of Rights sets conditions only on the manner in which a Public Utility shall submit a proposed rate increase to the Commission. No Public Utility, as defined in § 12101 of this Chapter, with the exception of the Guam Memorial Hospital, and the Jose D. Leon Guerrero Commercial Port, may submit a proposed rate increase to the Commission before complying with the mandates of this Section. This Section shall not apply to the Guam Memorial Hospital and the Jose D. Leon Guerrero Commercial Port. In the case of the Jose D. Leon Guerrero Commercial Port, notice of any proposed changes in rates shall be made as described in subsection

(f)herein.

(b)A Public Utility shall publish notice of any proposed rate increase in a newspaper of general circulation, as defined in § 8104 of Chapter 8 of Title 5 of the Guam Code Annotated, Open Government Law, at least three

(3)months before submitting it to the Commission. The published notice shall include the Public Utility’s intention to submit a proposed change in its rates in three

(3)month’s time, its current utility rate, the proposed rate, the amount of increase and a justification for the increase.

(c)A Public Utility shall mail a notice to every ratepayer at least one

(1)month before submitting a rate change proposal to the Commission. The notice shall state the Public Utility’s intention to submit a proposal to increase its rates in one

(1)month’s time, its current utility rate, the proposed rate, the amount of increase and a justification for the increase.

(d)The Public Utilities Commission (‘PUC’) shall annually conduct a study comparing the staffing pattern and manpower levels of the Public Utilities under their purview to the staffing patterns and manpower levels of at least four

(4)other utilities in the United States Mainland which provides COL6/24/2021 CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 similar services to a comparable number of customers. The first such study mandated herein shall begin no less than sixty

(60)days after the effective date of this Act. The PUC shall publish the results of such studies in a newspaper of general circulation, as defined in § 8104 of Chapter 8 of Title 5 of the Guam Code Annotated, Open Government Law. The studies shall be made available to residents attending the public hearings on the proposed rate increase. The PUC must, in determining approval of any proposed rate increase, take into account the results of such studies and order reductions or other adjustments in the operations of the Public Utility requesting a rate adjustment, as recommended or suggested by such studies, prior to granting approval for a rate increase. It is the intention of I Liheslaturan Guåhan that the PUC mandate reductions in unnecessary levels or areas of expenditure in Public Utilities prior to, or in conjunction with, approval of any rate increase. Any Public Utility that has received an order from the PUC to reduce expenditures in any area of operations shall comply with such order, and failure to do so is a grounds for disapproval of a rate increase proposal.

(e)A Public Utility, at least one

(1)month before submitting a rate increase proposal to the Commission, shall publish on a World Wide Web (‘Web’) page, available through the Internet, all the information provided in its public notices required by this Section. The Web page shall also include a message board, or an electronic mail address, by which the public can submit its opinions, testimony and any reactions to the proposed rate increase or to the information provided on the Web page.

(f)The Jose D. Leon Guerrero Commercial Port (the Port) shall not submit any proposed rate change to the Commission until the following actions have occurred:

(1)The Port shall publish notice of any proposed rate change in a newspaper of general circulation, as defined in § 8104 of Chapter 8 of Title 5 of the Guam Code Annotated, Open Government Law, at least sixty

(60)days prior to submitting the proposed rate change to the COL6/24/2021 CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 Commission. The notice required herein shall include the Port’s intention to submit its proposed rate change to the Commission, its current rate, the proposed rate, the difference in the current and proposed rates stated in percentage form, a justification for the change, and an electronic mail address and physical location where comments on the proposed rate change may be submitted; and

(2)The Port shall publish notice of any proposed rate change on the Port’s official website at least sixty

(60)days prior to submitting the proposed rate change to the Commission. The notice required herein shall include the Port’s intention to submit its proposed rate change to the Commission, its current rate, the proposed rate, the difference in the current and proposed rates stated in percentage form, a justification for the change, and an electronic mail address and physical location where comments on the propose rate change may be submitted.