PUBLIC UTILITIES AND ENERGY
Chapters:
02 Notice of Service Termination
04 (Reserved)
05
Emergency Energy Management
Chapter 01
Sections:
15.0101 Establishment of the American Samoa Power Authority.
15.0102 Powers and duties of the Authority.
15.0103 Board of Directors of the Authority.
15.0104 Board of Directors-Powers-Duties.
15.0105 Personnel.
15.0106 Transfers of existing systems of generation-Transmission and
distribution.
15.0107 Accounting and budget.
15.0108 Independent audit reports-Utility consultants-Annual reports.
15.0109 Transition period.
15.0110 Implementation.
15.0111 Notice to customers.
15.0112 Penalty fees--Prohibit.
Reviser’s Comment: Section 1 of PL 17-56 created chapter 01 in Title
15. PL 17-56 became effective 10 November 1982 upon approval by the Governor
due to the emergency need to establish, by law, a power authority for the
operation of the electric power system in the Territory” (preamble).
15.0101 Establishment of the
(a) There is established a governmental agency
within the executive branch of the government known as the American Samoa Power
Authority.
(b) There is established a Division within the American Samoa Power Authority known as the Water and Wastewater Utility Division.
History: 1982, PL 17-56 § 2.
15.0102 Powers and duties of
the Authority.
The
(1) may sue and be sued as set forth in 43.1203
and 43.1205;
(2) may adopt and use a seal:
(3) may make contracts, as authorized in this
chapter;
(4) may adopt, amend, and repeal bylaws:
(5) may purchase or lease and hold personal
property it considers necessary or convenient in the transaction of its
business, and may dispose of personal property held by it:
(6) has the power in the name of the government
to purchase, lease, or sell real estate, and to accept title to that real
estate in the name of the government, to accomplish the purposes of this
chapter:
(7) shall make all arrangements for the generation,
purchase, transmission, distribution, and sale or other disposition of electric
energy generated by facilities of the Authority or purchased by the Authority
within the Territory;
(8) shall develop and publish
tariffs and schedules of rates, charges, and services and other rules for
providing electric energy in accordance with the Administrative Procedure Act,
4.1001 et seq.; these rates and charges carry into effect, as near as may be,
the standards prescribed for ratemaking in PL 95-617, the Public Utility
Regulatory Policies Act, effective 9 November 1978, 16 U.S.C. 2621 et seq.;
(9) shall, through its Water and Wastewater
Utility Division, make all arrangements for the production, distribution, and
sale of potable water, and the collection and disposal of wastewater, and the
operations and maintenance of the water and wastewater systems within the
Territory of American Samoa;
(10) shall develop and publish tariffs and
schedule of rates, charges, and services and other rules of providing potable water
and for wastewater disposal in accordance with the Administrative Procedures
Act, 4.1001 et seq.;
(11) may borrow money and incur indebtedness for
capital improvements, and may mortgage, assign, hypothecate and give security
interests in Authority property and earned revenue to secure such indebtedness;
provided that no mortgage of or security interest in real property of the
Authority or of the government may be given; provided that any indebtedness so
created shall be that of the Authority alone, and shall not be an obligation or
debt of the government, unless otherwise provided by law and provided that
total indebtedness shall not exceed 50% of the Authority's equity unless
approved by the Fono;
(12) may contract for the procurement of supplies,
equipment, materials, personal services other than by employees, and
construction with any public or private entity upon terms and conditions as it
finds necessary to the full and convenient exercise of its purposes and
powers, subject to all applicable laws and rules of American Samoa; the
Authority shall receive and account for its inventory of materials, supplies
and equipment; and
(13) may do other things
needful and necessary to the full and convenient exercise of the above powers,
including but not limited to the construction of facilities on property owned
by the government.
History: 1982, PL 11-56 § 3.
15.0103 Board of Directors
of the Authority.
(a) The Authority is governed by a Board of 5
Directors, appointed by the Governor and confirmed by the Legislature. At
least 2 of the Directors shall be experienced in the management of electric
utilities, at least one shall have a financial background, and at least one
shall have a legal background. No fewer than 2 Directors shall be from outside
(b) The first Director appointed is appointed to a
term expiring on 30
(c) The Board of Directors shall meet at least 4 times per year. A quorum is 3
Directors, at least one of whom is experienced in the management of electric
utilities and one of whom is from outside
(d) Compensation is at a rate of $5,000 per year
for directors and $6,000 per year for the chairman. Travel, lodging and meal
expenses will be provided for outside directors.
History: 1982, PL 17-56 § 4.
15.0104 Board of
Directors—Powers—Duties.
All powers and duties vested
in the Authority are exercised by the Board of Directors. In carrying out this
function, the Board shall also:
(1) elect at its first meeting a vice-chairman,
who shall preside at all meetings in the absence of the chairman, and other
officers as it may deem desirable from among its members: elect its officers
annually thereafter at its first meeting in October;
(2) appoint and prescribe the compensation for the
Executive Director, who is the chief operating officer of the Authority and
exercises all executive functions, and the business and finance manager,
operations manager, and plant managers, who perform duties assigned by the
executive director, subject to all applicable laws and rules, the bylaws of the
Authority, and directions of the Board:
(3) adopt, amend and repeal bylaws;
(4) develop policies and programs for the
administration, management and operation of the Authority;
(5) approve the annual budget of the Authority;
(6) review the monthly operating statements of the
Authority, and such other financial reports as it deems necessary;
(7) submit monthly operating statements to the
Governor not later than the twentieth working day after the end of the
previous month, and such other financial statements as he directs from time to
time;
(8) exercise all other powers and not inconsistent
with the laws and rules of
History: 1982, PL 17-56 § 5.
15.0105 Personnel.
All officers and employees of
the Authority other than Executive Director, business and finance manager,
operations manager and plant managers are appointed and compensated in accordance
with the requirements of the government employee laws, 7.0101 et seq. except
the Board may adopt administrative rules, pursuant to 4.1001 A.S.C.A., et seq.,
to supplant government employee laws and rules in the specific categories of
personnel recruitment, employment, termination of employee services, disciplinary
actions, and compensation at levels comparable to prevailing utility levels.
History: 1982, PL 17-56 § 6.
15.0106 Transfers of
existing systems.
(a) Electric utility. At a date fixed by the Board of Directors,
the government shall transfer to the Authority the right to operate all items
of property, including construction in progress, equipment and machinery used
in connection with the then existing electric utility operation of the government.
Property jointly used for electric utility and governmental non-utility
functions must be equitably allocated between the government and the authority;
provided that the allocation assures the continuing efficient functioning of
the electrical generations, transmission, and distribution functions of the government.
In the event of dispute, the allocation is determined by the Governor. The
property accounts for the Authority are valued for rate-making purposes at the
depreciated acquisition cost of the property as of the date of transfer, and
are included in the rate base of the authority. Future capital contributions in
the Authority from the government must be by separate authorization and
appropriation. The Legislature has the exclusive power to provide supplemental
funding by appropriation for the operations of the Authority. These appropriations
may be designated as loans and not as part of the permanent capital. The
appropriations may require repayment to the government at rates of interest
specified in the appropriations bills.
(b) Water and wastewater utility. At a date fixed by the Governor and the Board
of Directors of the Power Authority, the government shall transfer to the
Authority the right to operate all items of property, including construction in
progress, equipment and machinery used in connection with the then-existing
water and wastewater operations of the government. Property jointly used for water, wastewater
and governmental non-utility functions shall be equitably allocated between the
government and the authority, provided that the allocation assures the
continuing efficient functioning of water production and distribution, and
wastewater collection and disposal. In
the event of dispute, the allocation shall be determined by the Governor. The property accounts for the water and wastewater
utility are valued for ratemaking purposes at the depreciated acquisition cost
of the property as of the date of transfer, and shall be included in the rate
base of the water and wastewater utility.
Future capital contributions to the Authority from the government shall
be by separate authorization and appropriation.
The Legislature has the exclusive power to provide
supplemental funding by appropriation for operations of the water and
wastewater systems of the authority.
Appropriations made to the authority after
History: 1982, PL 17-56 § 7.
15.0107 Accounting and budget.
The Authority shall assume
responsibility for the accounting and financial management of the electric
utility, and water and wastewater system, and shall administer or contract with
the government for the administration of all accounting systems, including
general ledger, fixed assets, accounts receivable, accounts payable, payroll,
and cash. It shall establish proper internal accounting controls and
procedures, and it shall prepare an annual budget as a part of the Governor’s
budget process.
History: 1982, PL 17-56 § 8.
15.0108 Independent audit
reports—Utility consultants—Annual reports.
(a) The Authority shall employ a firm of independent
certified public accountants with electric utility experience to examine and
report upon the status of financial records and accounts, and may renew that
employment annually. Copies of those reports must be furnished to the Governor
and the Legislature.
(b) The Authority may make intergovernmental or
contractual arrangements for expert consultants to advise and consult with it
in all matters related to the operations of the Authority, including
ratemaking, system design, planning, budgeting and legal matters.
(c) The Authority shall provide an annual report
for each fiscal year to the Governor, the Legislature, and the people of
History: 1982, PL 17-56 § 9.
15.0109 Transition period.
All rates, charges, and
classifications of the Authority in effect during the transfer of property and
facilities, and management thereof, to its control and jurisdiction are
considered properly adopted and continue in effect until duly changed.
History: 1982, PL 17-56 § 10.
15.0110 Implementation.
(a) Electric utility. This chapter must be implemented according to
the schedule prepared initially by the Authority task force and carried
forward, as supplemented, by the Board of Directors when appointed, and in no
case later than 60 days after
(b) Water and wastewater utility. The transfer of the water and wastewater
utility shall be implemented immediately and the provisions herein shall serve
to confirm and ratify the transfer of the water and wastewater utility effected
by Executive Order Nos. 06-1988 and 10-1990.
History: 1982, PL 17-56 § 11.
15.0111 Notice to customers.
When an American Samoa Power
Authority meter reader visits a customer’s property to read a meter, he shall
leave a written notice with a person living or working at that location. The
written notice shall contain the following in-formation: the date, the meter
reading and the signature of the meter reader. If there is no one on the
premises when the meter reading is taken, the notice may be posted on the door
or doorpost.
History: 1986, PL-29 § 1.
Reviser’s Comment: 15.0110.1 was passed as 15.0111 but was
renumbered at codification to fit within the existing numbering scheme.
15.0112 Penalty fees—Prohibit.
The Authority is prohibited
from assessing any form of penalty fee or charge on overdue accounts of
residential customers.
History: 1985, PL 19-4 § 1.
Chapter
02
Sections:
15.0201 Definitions.
15.0202 Utility service-Termination-Procedure.
15.0203 Penalties
and claims.
15.0201 Definitions.
As used in this chapter,
unless the context clearly requires otherwise, the following meanings apply:
(1) “Consumer” means a person, corporation,
company, or association who uses and is billed for the services provided by a
public utility; and
(2) “Public utility” means a public corporation,
company, person, association, authority, or enterprise fund that owns,
operates, or controls a plant or equipment within the Territory for the
production or delivery of power in any form, water, or telegraph or telephone
services, to another person, corporation, company, or association.
History: 1983, PL 18-4 § 1.
15.0202 Utility
service—Termination—Procedure.
(a) A public utility may not terminate service to
a consumer whose account is not delinquent without the consumer’s consent.
Prior to terminating power, water, telephone, or telegraph services to a
consumer whose account is delinquent, a public utility shall serve notice. The
notice must include the name, address, and telephone number of the public
utility and the name of a person employed by the public utility for the
consumer to contact for additional billing or payment information. The notice
must include, in bold face print, a message to the effect that service will be
terminated after 10 working days from the date of the notice’s postmark or
from the date the termination notice is posted on the structure where the
delinquent account is metered.
(b) A notice of termination of service by a
public utility on a consumer must be accomplished by first class mail or by
attaching a copy of the notice in a conspicuous place on the structure where
the delinquent account is metered.
History: 1983, PL 18-4 § 2.
15.0203 Penalties and claims.
A public utility that
terminates service to a consumer in violation of this chapter shall credit that
consumer’s account in an amount equal to $25.00 for the service termination and
$10.00 for each full day the service remains terminated. Claims are handled by
the Department of Administrative Services and the findings of the department
are final for purposes of this chapter. The provisions of this section are in
addition to any other administrative or judicial remedy available to the consumer.
History: 1983, PL 18-4 § 3.
Chapter 03
OFFICE
OF COMMUNICATIONS
15.0301 Repealed.
15.0302 Repealed.
15.0301 Partial dedication
of revenues.
Repealed by PL 29-14 and PL
29-21.
15.0302 Sunset provision.
Repealed by PL 29-14 and PL
29-21.
Chapter 04
(RESERVED)
Chapter 05
EMERGENCY
ENERGY MANAGEMENT
Sections:
15.0501 Powers of Governor.
15.0502 Enforcement.
15.0503 Termination of powers.
15.0501 Powers of Governor.
To provide for emergency
resource management, the Governor, after proclaiming that an emergency exists
which threatens to disrupt the social order, or imperil the health and safety
of the people of
(1) control, restrict, and regulate by rationing,
freezing, use of quotas, allocations, prohibitions on shipments, price fixing,
allocation, or other means the use, sale, or distribution of fuel, petroleum
products, or other sources of energy;
(2) prescribe and direct activities in connection
with but not limited to use, conservation, salvage and prevention of waste or
fuel or other sources of energy;
(3) take such other action as may be necessary
for the management of energy resources during any emergency declared by the
Governor.
History: 1974,
PL 13-43 § 1.
15.0502 Enforcement.
The
law enforcing authorities of the
History: 1974,
PL 13-43 § 2.
15.0503 Termination of powers.
The emergency powers of the
Governor shall terminate upon the Governors declaration that the emergency no
longer exists or by concurrent resolution of the Legislature of American Samoa.
History: 1974, PL 13-43 § 3.