In his letter to Harry M. Boertzel, CPUC hearing examiner, Torres said CPUC is also duty bound to set forth in its order specific findings that warrant the expedited implementation of the new LEAC rate without the public hearing procedures required in 4 CMC § 8422.
“CPUC is also duty-bound to examine whether other security contemplated under §8422 (f) is necessary,” Torres said.
He added that CPUC must examine closely CUC’s economic data and determine whether it presented convincing proof.
Upon making such findings on the record, he said, the commission will have satisfied its statutory obligation and justified the exercise of its authority under 4 CMC §§ 8412(e) and 8443(f).
The commission, which was established pursuant to Public Law 15-35, and as amended by Public Law 15-40, is charged with oversight supervision over CUC, and has authority over “all rates, fares, fees, charges, services, rules, conditions of services, and all other matters pertaining to the formation, operation, or direction of CUC.”
Torres said to carry out its mandate to regulate rates, CPUC is also empowered to issue orders, including those for partial and immediate rate increase or decrease.
On Dec. 30, CUC filed an emergency power rate petition of 2.243 cents per kwh increase in LEAC rate effective Jan. 1, 2011 to cover a $1 million loss as a result of market changes.
At the request of CPUC’s consultant Georgetown Consulting Group, Boertzel sought legal analysis and comment on CPUC’s discretionary authority and the waiving of the public hearing requirement.
