Powers

The Authority shall have and exercise each and all of the following powers:

(a)Generate, transmit, distribute, sell and exchange electric power on Guam;

(b)Acquire, in accordance with Title 5 GCA, Chapter 5, and subject to the laws of Guam, by grant, purchase, gift, devise or lease, or by the exercise of the right of eminent domain in accordance with the provisions and subject to the limitations of 21 GCA, Chapter 15, and hold and use any real or personal property necessary or convenient or useful for the carrying on of any of the powers pursuant to the provisions of this Chapter; provided further that the Authority shall not enter any agreement for the purchase of oil or any other petroleum product which extends longer than five

(5)years; CH. 8 GUAM POWER AUTHORITY

(c)Establish its internal organization and management and adopt regulations for the administration of its operations;

(d)Establish and modify from time to time, with approval of the Public Utility Commission, reasonable rates and charges for electric service at least adequate to cover the full cost of such service, including the cost of debt service, and collect money from customers using such service, all subject to any contractual obligation of the Board to the holders of any bonds; and refund charges collected in error.

(e)Enter into contracts and execute all instruments necessary or convenient in the exercise of its powers, adopt a seal and sue or be sued in its own corporate name;

(f)Construct works along or across any street or public highway or watercourse or over any of the lands which are the property of Guam; and with respect to federal lands, the Authority shall have the same powers with respect to the construction of such works as possessed by the government of Guam. The Authority shall restore any such street or highway to its former state as near as may be and shall not use it in a manner to impair unnecessarily its usefulness;

(g)At any time or from time to time, incur indebtedness pursuant to Article 2 of this Chapter;

(h)Enter into contracts with the Government of Guam or with the United States for loans or grants;

(i)Employ, retain or contract for the services of qualified managers, specialists or experts, as individuals or as organizations, to advise and assist its Board of Directors and employees;

(j)Adopt such rules and regulations as may be necessary for the exercise of the powers and performance of the duties conferred or imposed upon the Authority or the Board by this Article;

(k)Control, operate, improve, equip, maintain, repair, renew, replace, reconstruct, alter and insure the electric system subject to compliance with any applicable zoning, building and health regulations of Guam;

(l)Do any and all other things necessary to the full and convenient exercise of the above powers.

(m)Adopt rules and regulations governing selection, compensation, promotion, performance evaluation, disciplinary action and other terms and conditions of employment affecting certified, technical and professional personnel, subject to the provisions of the Administrative Adjudication Act. Such rules and regulations shall provide for the employment and retention of persons on the basis of merit and shall include an orderly and systematic method of recruitment and the establishment of a list of qualified applicants. Certified, technical and professional personnel are defined as personnel employed by GPA who are professional engineers, attorneys, and other licensed professionals, or who are highly skilled employees with certificates such as plant operators and other similar engineering and technical personnel, including, but not limited to, those types of jobs listed in Attachment A. Compensation for all other personnel shall remain consistent with compensation plans and pay scales as determined by law.

(n)The Guam Power Authority may enter into long term contracts for a period up to and not exceeding thirty

(30)years for renewable energy contracts, purchased power agreements, refurbishoperate-maintain contracts, and build-operate-transfer contracts that cost Thirty Million Dollars ($30,000,000) or more. Nothing herein shall repeal, limit, or otherwise prohibit any law or regulation authorizing the Authority to enter into any contract for a longer period.

(o)The Guam Power Authority may enter into performance management contracts

(PMC)to manage any part of the island wide power system with a base period up to five

(5)years and no more CH. 8 GUAM POWER AUTHORITY than two

(2)five

(5)year renewal option periods, not exceeding a total of fifteen

(15)years, including the base period and all option periods. Nothing herein shall repeal, limit, or otherwise prohibit any law or regulation authorizing the Authority to enter into any contract for a longer period. Nothing contained in this Section or elsewhere in this Article shall be construed directly or by implication to be in any way in derogation or limitation of powers conferred upon or existing in the Authority or the Board by virtue of any provisions of the Organic Act of Guam or statutes of Guam or any other provisions of this Code.