AG rejects request to investigate CUC

The Attorney General’s Office has thumbed down an appeal by former Commonwealth Utilities Corp. Board Chairperson Rosario M. Elameto who sought its legal opinion on her recent ouster as head of the policy-making body for possible violation of existing laws.

“We don’t give opinions on matters like that,” said acting Attorney General Herb Soll in an interview yesterday. “I couldn’t take that one for obvious reason.”

He said his office would not represent her if Ms. Elameto decides to bring the issue to court, adding that she should hire a private lawyer to pursue the case.

“She’s a member of the board and all they did was to change the officers. It’s a procedural matter that we shouldn’t be involved in and opposing a government board on behalf of a single member,” said the chief government lawyer.

Ms. Elameto has protested the election of new officers held last week during a CUC board meeting, in which she was abruptly replaced by her vice chair, Jesus T. Guerrero, in a vote that split the seven-member panel.

In a letter addressed to Mr. Soll a day after her ouster, she expressed concern that the action by some members may be unconstitutional and asked the AGO to seek a court ruling on behalf of CUC and the government.

Ms. Elameto said that if the board’s action is declared null and void, the governor must discipline his appointees, including their termination from the government-owned utility corporation, for breaching the laws and overstepping their responsibilities.

Lawful

The election of new board officers for CUC is held each July, according to its regulations, but members who approved the voting in the March 16 meeting argued the Open Government Act allows removal of the chairman and holding of an election in short notice if concurred in by the majority.

It was included in the agenda at the last minute by four members despite objection by CUC legal counsel Bill Ohle who said the move would still need a 24-hour public notice.

The board has been wracked by infighting since it scrapped the proposed 80-megawatt Saipan power plant last January under Ms. Elameto’s leadership. The move has angered some members of the Legislature, forcing them to legislate the controversial project to prevent CUC from building a smaller-sized plant.

The new CUC board officers met the other day with Mr. Soll who said the discussion focused on Mr. Ohle’s resignation and the need to immediately replace him to serve as their new legal counsel.

“They found [him] to be an effective counsel. They want to be sure that his good work doesn’t go to waste if someone else is employed before he leaves for the transition period,” said the AGO chief.

Mr. Ohle, an assistant attorney general assigned to the utility corporation since 1996, has tendered his resignation effective this June to move back to the U.S. mainland with his wife.

Mr. Soll said he had accepted his resignation, and that his office is ready to replace him with a new legal counsel for CUC.

He added, however, that they may not be able to do that as the House of Representatives yesterday passed a measure that will prevent the AGO to provide legal service to the utility corporation.

New bill

Under HB 12-150 sponsored by Rep. David M. Apatang, the board will be authorized to seek service of a private legal counsel to avoid possible conflict of interest.

Being represented by the AGO “lends itself to inherent conflicts of interest that should be avoided where possible,” stated the bill.

Mr. Apatang emphasized this measure is also intended to clear potential litigation problems on the power project arising from AG’s representation of the government corporation.

With a 15-1 vote and one abstention, only Rep. Diego T. Benavente objected to the proposal as the current CUC regulation allow the board to choose either a private legal service or AGO’s counsel. Being pushed by the CUC board, it now heads to the Senate for action.