Vol. 35 No.10
       ©2007 Marianas Variety
Thursday, March 29, 2007 www.mvariety.com
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CUC denies Torres appeal

By Gemma Q. Casas
Variety News Staff

THE Commonwealth Utilities Corp.’s hearing office denied Rep. Stanley T. Torres and his legislative consultant’s administrative appeal of a ruling, asserting that the new and higher power rates of CUC were legally implemented.
CUC hearing officer Linn Asper said Torres and Jack Angello failed to explain in their appeal why they should be granted reconsideration.
The two first challenged CUC’s new power rates last year. In February, Linn issued a ruling that the rates were legally implemented.
Torres and Angello filed an administrative appeal.
In his four-page order on Monday, Linn said the two failed to assert that he may have overlooked certain laws relevant to the case before the Feb. 6 decision was made.
“Administrative reconsideration is normally reserved for situations in which the adjudicator is unaware of important facts that surfaced after the hearing or has overlooked determinative provisions of law,” said Asper.
“However, in these billing disputes customers merely ask for reconsideration because they believe that the hearing officer has incorrectly interpreted the legal effect of the CNMI Legislature’s adoption of P.L. 15-35 and P.L. 15-40,” he added.
He said the two can bring their complaint to the Superior Court to seek judicial review.