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By Gemma Q.
Casas
Variety News Staff
SUPERIOR Court Associate Judge
David A. Wiseman denied Rep. Stanley T. Torres and his legislative consultants
request to postpone payment of their disputed CUC bills pending the judicial
review of the agencys higher power rates.
Torres, Ind.-Saipan, and Jack Angello sought judicial review of CUCs
increased rate structure which resulted in a more than 100 percent increase
in electric rates.
Additionally, the two sought injunctive relief for the postponement of
their disputed bills pending the conclusion of the judicial review.
The two earlier signed promissory notes with CUC agreeing that they would
pay their disputed bills within a certain period.
Their agreement with CUC came after the agencys administrative hearing
office ruled that CUCs new higher power rates were legally implemented
contrary to the twos argument that they were unconstitutional
and unlawful.
In his eight-page decision, Wiseman said if the court finds CUCs
rate structure unlawful, the plaintiffs would be entitled to damages as
would other consumers paying more than what they used to pay for their
electricity.
But, he added, at this early stage in the litigation, and without
further argument from plaintiffs regarding why the hearing officers
conclusion that legislative action cured the governors overreaching
was legally erroneous, the court has no reason to question the hearing
officers logic and conclusions.
The judge said the two are not in danger of suffering irreparable
injury if forced to comply with the terms of their payment agreement,
this factor carries no significant weight.
He ordered the two to settle their disputed bills with CUC within seven
calendar days from the date of his order, May 4.
Torres, however, is challenging Wisemans decision and noted that
he is perturbed by the judges statement that the lawmaker
lost credibility when he signed the promissory note with CUC.
Torres said he was forced to sign an unfair promissory note within
24 hours under threat that he and his family would lose their power, after
CUC had rejected his proposal to pay the disputed amount in good faith
over a justifiable period of time during the court proceedings.
He added, Why does Wiseman allow CUC to harm people with their continuous
mismanagement and then stick it to the people who have to suffer for the
monopolistic mismanagement of CUC?
Torres said he wants to know why the government is allowed to postpone
payment of its disputed bills while ordinary citizens are punished if
they dont come up with payments.
The Superior Court should be consistent and fair in its application
of the law to all in the CNMI not just the government, he
said.
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