Title 4, Economic Resources

Public Utilities Commission: Establishment and Commissioners. (a) There is established in the Commonwealth government the Public Utilities Commission, a regulatory agency, in accordance with Article III, Section 15 of the Commonwealth Constitution. The Commission shall be an inde…

Compensation of Commissioners. The Commissioners shall be compensated at a monthly rate of $800.00 per commissioner, expect the Chairperson shall receive $1,000.00 monthly, provided all scheduled monthly meetings are attended or excused by the Chairperson or his designee. Travel …

Cause for Dismissal. In accordance with Article III, Section 21 of the NMI Constitution, the Governor may dismiss a Commissioner only for one or more of the following causes: (a) Gross neglect or dereliction of duty; (b) Breach of fiduciary duty; (c) Conviction of a felony; or (d…

Operation of Commission. (a) The Commission may employ agents, employees, hearing examiners, legal counsel, or contract for services, specialists, experts, or professionals as individuals or as organizations to advise and assist the Commission and its employees. The Commission ma…

Operation of Commission: Additional. (a) Notwithstanding any other provision of law, the Commission may meet for purposes of gathering information on entities and requesting, demanding, and accepting reports and documents from regulated entities, and for other purposes. The Commi…

Annual Report. The Commission shall prepare and present to the Governor and to the presiding officers of the Legislature, in January of each year, a report regarding its actions during the preceding fiscal year, if any, together with its recommendations respecting legislation. So…

General Powers and Duties. The Commission shall have regulatory oversight supervision over each regulated entity as set forth in this Chapter and shall perform the duties and exercise the powers imposed or conferred upon it by this Chapter. The Commission in the discharge of any …

Powers. The Commission shall have the following powers which it may exercise in carrying out its mandate to regulate rates: (a) To examine the financial records of each regulated, including but not limited to, all bank records; the terms and conditions of any contract with the Un…

Valuations. The Commission may cause a valuation to be made to ascertain for any purpose specified in this Chapter the value of the property of any entity and every fact and element of value which in its judgment may have any bearing on such value. The Commission may make reevalu…

Compelling Attendance of Witnesses. In all investigations made by the Commission and in all proceedings before it, the Commission shall have the same powers respecting administering oaths, compelling the attendance of witnesses, the production of documentary evidence, and examini…

Enforcement Powers. The Commission may: (a) Carry out public hearings and investigations; (b) Issue subpoenas, orders to show cause and citations with warning of contempt. Any subpoena or citation with warning of contempt shall be signed by the Chairman or, where the Commission h…

Consumer Counsel. In any proceeding before the Commission, the Consumer Counsel of the Office of the Attorney General may intervene and participate as a party. Source: PL 15-35, § 2 (8414), modified.

Notice of Hearings. Whenever an investigation or proceeding is undertaken by the Commission, reasonable notice in writing of such fact and of the subject or subjects of the investigation or proceeding shall be given to the entity concerned, and a notice in writing of the date and…

Public Hearings. The Commission shall hold public hearings on any change in proposed rates or charges. (a) The notice of public hearing herein provided for shall plainly state the rates, charges, or assessment costs proposed to be established, abandoned, modified, or departed fro…

Right to be Represented by Counsel. At any investigation by or proceeding before the Commission, the entity concerned shall have the right to be present and represented by counsel, to present any evidence desired, and to cross-examine any witness who may be called. Source: PL 12-…

Rule-making Authority: Procedures and Fees. In the hearings before it, the Commission may establish its own procedures for the conduct of hearings and the admission of evidence. The Commission shall not be bound by the strict rules of the common law relating to the admission or r…

Review of Rates; Operating Cost of Commission. (a) In addition to every other responsibility imposed upon the Commission by this Chapter, it shall within three-hundred-sixty-five days after the Commission first meets conduct review of the rates of every entity to determine whethe…

Public Utilities Commission Revolving Fund. A Public Utilities Commission Fund shall be established for the use of the Commission consisting of all financial amounts as may be placed therein pursuant to the provisions of this Chapter and the following: (a) All Commission funds sh…

Regulated Entities to Furnish Information. Every regulated entity shall at all times, upon request, furnish to the Commission all information that it may require respecting any of the matters concerning rates and charges, revenues and expenditures which it is given power to inves…

Rate Publication. All regulated rates, assessment costs, classifications, charges, and rules of every entity shall be published by the entity in such manner as the Commission may require and copies furnished to any person on request. (a) All rates, charges, assessments, and costs…

Compliance. Notwithstanding any other provision of law, no rate or charge for any regulated entity shall become effective without the approval of the Commission. In this respect a regulated entity shall comply with this Chapter in addition to complying with any other condition, c…

Penalties. Except where otherwise required in this Chapter, any person or entity violating or neglecting or failing in any particular way to conform to or comply with this Chapter or any lawful order of the Commission shall forfeit or pay to the Public Utilities Commission not mo…

Perjury. Any person who willfully and knowingly makes under oath any false statement in connection with any investigation by or proceeding before the Commission shall be guilty of perjury, and upon conviction, shall be subject to the penalty prescribed by law for the offense. Sou…

Application to Interstate or Foreign Commerce. This Chapter and every provision thereof shall apply to commerce with foreign nations or to interstate commerce except insofar as such application is not permitted under the Constitution and laws and treaties of the United States or …

Rate Structure and Approval Procedures. (a) A regulated entity may not charge or receive compensation for any regulated service or product other than through the rates, rents, fees and charges approved by the Commission. (b) Every regulated entity shall present the Commission wit…

Methods and Procedures for Establishing Rates, Charges and Rents. (a) The Commission shall establish the procedures and methods to be followed in setting and approving rates, charges and rents for entities’ services. The methods and procedures may provide for the utilization of: …

Procedure for Implementing or Modifying, Rates, Charges or Rents. The following procedures shall apply when implementing or modifying changes in rates, charges, and rents for an entity’s services unless the Commission determines that these should not apply to the formula or proce…

Suspension of Proposed Rates, Charges or Rents. (a) After having initiated a hearing to consider a proposed rate change and while said hearing and the decision on same are pending, the Commission may suspend the application of said rate, charge, or rent in full or in part, for a …

Fixing of Just and Reasonable Rates, Charges and Rents. (a) If, as part of a complaint, or an authorization process for changing rates, charges, or rents, or under an investigation order issued by the Commission at its own initiative, the Commission determines after holding a hea…

Service Outages. The Commission may order a regulated entity to credit or rebate its customers a proportion of such customer’s basic service fee if there has been a service outage or a series of service outages and such outage or outages has been determined by the Commission to b…

Complaints to the Commission; Violations and Penalties. (a) Customer complaints to the Commission regarding the operation of a regulated entity shall be filed in writing with the Commission. The Commission shall take up such complaints with the regulated entity, in an effort to b…

Judicial Review. Any person aggrieved by a final Action of the Commission may seek judicial review pursuant to 1 CMC § 9112 et seq. within thirty days of its issuance. Such review shall be limited to questions of law, the record established, and issues raised before the Commissio…

Interim Rules and Regulations. Except as provided herein, the regulations, standards, procedures, and all other such aspects related to the regulation of the functions and operations of the regulated entities that may be in force when this Act becomes effective, shall continue to…

Rates, Charges and Assessments. All rates, charges, assessments, and costs made or charged by any public utility shall be just and reasonable and in conformance with public law. (a) The Commission shall regulate all rates, charges, assessments including but not limited to connect…

Divestiture of Capital. All public utilities shall obtain prior approval of the Commission for the significant divestiture, transference of operations, sale or lease of production or transmittal of electrical, water, or wastewater facilities and/or transmissions systems. (a) Appr…

Expansion of Production Facilities. All public utilities must obtain prior approval of the Commission for the significant purchase of capital for the production or transmission of electricity, water, or treatment of wastewater. (a) Approval of purchase is subject to preliminary a…

Certification of Public Utility Companies. (a) (1) Certification Required. Any public utility company interested in providing or operating a service in the Commonwealth shall request, obtain, and maintain a valid certificate of public convenience and necessity from the Commission…

Additional Definitions. The following additional definitions apply to this Article: (a) “Federal Communications Act of 1934” means the Federal Communications Act of 1934, 47 U.S.C. § 151 et seq., as amended, which includes the Federal Telecommunications Act of 1996; (b) “Gross Re…

Transfers and Capitalization. (a) Transfers. Franchises, certificates of public convenience and necessity, substantial assets as defined by regulation, and certificates of capital stock of a telecommunications company, as well as direct or indirect control of a person or corporat…

Compliance: Standards of Service and Facilities. (a) General Standard. Every telecommunications company shall supply and maintain adequate and efficient telecommunications services, where economically feasible, on all Commonwealth islands. Unjust or unreasonable discriminations i…

Insurance. The Commission shall have the authority to require telecommunications companies to insure for such amounts and against such risks as the Commission determines to be reasonably necessary to guarantee the payment by said companies or their directors, officials, employees…

Forbearance of Rate Regulation to Facilitate Competition. (a) In accordance with the provisions of this section, the Commission shall forbear regulation as to rates, tariffs, fares, or charges to facilitate competition and shall authorize the provision of all or any portion of re…

Duty to Interconnect. (a) The purpose of this section is to implement specific provisions of the Federal Telecommunications Act of 1996, Public Law 104-104. (b) (1) Each telecommunications carrier shall perform the duties enumerated in 47 U.S.C. § 251(a). (2) Each local exchange …

Voluntary Negotiation of Interconnection Agreements. Upon receiving a request for interconnection, services, or network elements, an incumbent local exchange carrier may negotiate and enter into a binding agreement with the requesting telecommunications carrier or carriers. The a…

Mediation of Interconnection Agreements. Upon the written request of any party negotiating an agreement for interconnection with another telecommunications carrier, the Commission may designate a mediator, who may be a Commission member, to mediate any differences arising in the …

Arbitration of Interconnection Issues. (a) The Commission has the authority to arbitrate any open interconnection issues pursuant to 47 U.S.C. § 252(b), as it existed on February 8, 1996. (b) During the period from the 135th to the 160th day, inclusive, after the date on which an…