Torres’ CUC billing dispute denied

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Posted on Oct 25 2006
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The Commonwealth Utilities Corp. has denied a lawmaker’s billing dispute with regard to the electric fuel rate.

Grina B. Mizutani, acting CUC deputy director for administration, said that all four reasons cited in Rep. Stanley T. Torres’ billing dispute were without merit.

Torres has appealed the decision. He argues that CUC’s untimely response to his billing dispute meant that the matter has been resolved in his favor.

The lawmaker filed the dispute on Sept. 18, 2006. The regulations require the utility to respond within 20 days—in this case, on or before Oct. 10, 2006. CUC admittedly failed to do so until Oct. 13, 2006.

According to Torres, CUC should subtract all disputed electric fuel charges from his accounts, and indicate that all CUC bills since July 2006 be paid at the previous rate of 14.5 cents per kilowatt hour, which includes the fuel surcharge of 3.5 cents per kWh.

However, Mizutani maintained that CUC regulations do not contain a provision that “automatically confirms a decision in favor of the customer if CUC does not provide its response to a dispute within the allotted 20-day time period.”

Mizutani denied Torres’ request.

An administrative hearing on Torres’ appeal will be set at a later date. Torres’ accounts cannot be disconnected until an order is issued.

Torres’ billing dispute relates to electric fuel charges on the utility billing for his Garapan-Chinatown residence for the period between July 17 and Aug. 16, 2006. He says the fees are illegal because CUC started charging them without undergoing due process.

He also questions the computation of the electric fuel charge, which he said may include “hidden costs,” as well as the accuracy of CUC’s meter reading system.

Lastly, he accuses CUC of “monopolistic practice” because the utility buys fuel from Mobil and/or Shell Marianas. Both companies are allegedly illegally occupying public land through leases not approved by the Legislature.

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