Atalig filed his amended class action counterclaim in Superior Court on Friday, saying the action was made not only for himself but for all the customers on Saipan, Tinian and Rota.
“Since these involve public funds and federal funds it should be investigated,” he said.
He cited the reports of the Commonwealth Public Utilities Commission through its rate consultant Georgetown Consulting Group Inc. stating that CUC overcharged its customers by more than $5 million in levelized energy accrued clause, or LEAC, rate.
“Worse, on information and belief, CUC has misapplied the over $5,000,000 overcharge for non-fuel related purposes, in violation of both CPUC orders and public law,” said Atalig in his amended class action counterclaim prepared by his lawyer Ramon K. Quichocho.
Quichocho said CUC received benefits from Atalig and other customers as a result of the use of their money due to the overcharging by CUC.
“It would be unjust for CUC to retain such benefits without refunding, disgorging and compensating Mr. Atalig and the Class,” the lawyer said.
In his amended class action counterclaim, Atalig is asking the court to restrain CUC from continuing to overcharge its customers.
He also asked the court to require CUC to refund the LEAC overcharges and to pay damages so that CUC won’t be unjustly enriched.
CUC, he said, should be required to furnish an accounting of all the money it has received or generated from the charging and overcharging of the LEAC rate.
Atalig said despite being caught red-handed CUC has disputed CPUC and Georgetown findings, claiming that they are based on incorrect and unsupported assumptions.
CUC, moreover, continues to provide bad water to its customers, he added.
Every resident in CNMI has the right to a clean and healthful public environment in all areas, including land, air and water, Atalig said, adding that CUC violated the constitutional rights of the people by providing non-potable and highly chlorinated water.
CUC Deputy Executive Director Alan W. Fletcher said they are committed to meeting all CNMI and U.S. Environmental Protection Agency drinking water regulations.
CUC has particularly complied with the Safe Drinking Water Act which is the main federal law that ensures the quality of drinking water, he added.
Atalig has asked the court to restrain CUC from continuing to provide non-potable and highly chlorinated water that threatens and negatively affects human health.
