Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698072857560.pdf (Guyana)
• GUYANA ACT No.

10 of 1999 PUBLIC UTILITIES COMMISSION ACT 1999 I assent, BHARRAT JAGDEO, President.

14th September.

I 999. .

ARRANGEMENT OF SECTIONS SECTION PART 1 PRELIMINARY and commencement.

l. Short title 2.

Application.

3.

Interpr etation.

4.

Definition Price $600.00--To be purcha5ed from of "public utility".

the Office; of the President, Georgett.own.

Guyana.

PRINTED BY GUYANA NATJ.ONAL PRINTERS LTD. 2 No.


10] LAWS OF GUYANA [A.D. 1999 PART 11 PUBLIC UTILITIES COMMISSION Utilities Commission.

of members.

of interest of members.

of members.

5.

Establishment of Public 6.

Term of appointment 7.

Emoluments 8.

Conflicts 9.

Termination I 0.

Disqualification 11.Notification 12.Oath of Office.

13.Sittings 14.Immunity 15.Procedure of members from suit.

of Commission.

of Commission.

of appointment of chairman of appointment and resignation or other member.
and removal.

of members.

OFFICERS PART III AND EMPLOYEES 16.Officers and employees of 17.Employment 18.Obtaining of public 19.Superannuation of experts.

services benefits.

officers.

Commission.

PARTIV BUDGET AND RESOURCES 20.Budget and resources of Commission.

PARTY FUNCTIONS OF COMMISSION of Commission.

21 .

Functions 22.Economic research.

23.Advisory 24.Investigations function by Commission.

of Commission.
of Commission.

PART VI SERVICE AND FACILITIES 25.Duty to provide 26.Proper service 27.Commission established may order extension service.

on complaint.

of service.

adequate PART VII DEVELOPMENT AND EXP ANS ION OF FACILITIES OR SERVICES 28.Development 29.Failure to implement and expansion programme.

development and expansion programme.

j A.D. 1999] PUBLIC UTILITIES COMMISSION [No.

10 30.

31.

Restrictions on ceasing Power to prescribe contained in agreement.
operation quality and standard of service.

of service and conditions relating to service to be PART VIII RATES ( a)Principles 32.Rates to be just and reasonable.

33.Agreement, licence or law regarding rate of return.

34.Prohibition against discrimination in the matter 35.Cost of production or generation.

36.Joint use of facilities.

37.Uniformity of rate.

of rate.

(b) Change of rate of existing rate.

filing.

to tariffs.

3 8.


Continuance 39.Tariffs 40.Adherence 41.Notice of change 42.Suspension 43.Temporary 44.Burden of proof 45.Fixation of rate.

46.Adjustment of new rate.

rates.

of moneys of rate by public utility.

due on vatiation of rates.

PARTIX OTHER REGULATORY PROVISIONS by Commission to issue securities.

47.Approval 48.Form of accounts.

49.Uniform accounts.

SO.

Interest SI .

Obligation to bill.

on customer deposits.

PARTX PROCEDURE of complaint.

52.Complaint.


53.Notice 54.Security.

55.

Representative 56.Initiation 57.Fixing of hearing.

58.Hearings of proceedings complaint.

to be public.

by Commission. "

No.

!OJ LAWSOFGUYANA [A.D. 1999 of Commission.

59.Decision 60.Oaths and subpoena.

61.Notice.

62.Proof of agreement.

63.Records of proceedings.

FUNDING OF THE COMMISSION AND COSTS PART XI 64.Annual 65.Costs of investigation assessment upon public or proceeding.

utilities.
utilities.

PART XII ENFORCEMENT OF ORDERS of order.

66.Execution 67.

Compliance 68.Enforcement 69.Dissolution with order in proceedings of order by taking utility of public in default.

to rate.

relating over management of business of public utility.

PART XIII OFFENCES TIES AND PENAL of public 70.Disobedience 71.Failure utility 72.Making or furnishing 73.Wilful default 74.Obstruction of order of Commission.

to furnish information.

false return or information.

by employee, etc.


of public of, or interference with, members, in furnishing information.

officers, of Commission in discharge ·etc.

utility of duties.

7 5.

Penalty 76.Penalty for other offences.

offence.

in the case of continuing PART XIV REVIEW AND APPEAL by Commission of its own decision or order.

and other proceedings.

or review 77.Suspension 78.Appeal 79.Stay of proceedings 80.Determination 81.Case stated pending of question upon question appeal.
by Court of Appeal.

of law.

PART XV MISCELLANEOUS utility 82.Duty of public utility 83.Duty of public of value of property 84.Ascertainment to co-operate to furnish information and returns.

utility.

with Commission.

of public ) A.D. 1999) PUBLIC UTILITIES COMMISSION [N o.

10 of documents.

85.

86.

87.

88.

89.

90. report.

Annual Evidence Power of Commission Power of the Minister Repeal.

Transitional Provisions.

to make rules.

to make regulations.

6 No.


10) LAWS OF GUYANA [A.D. 1999 AN ACT to make provision and for matters connected therewith.

for the establishment, functions and procedure of the Public Utilities Commission AD 1999 Enacted by the Parliament of Guyana: PARTI PRELIMINARY Short title and commencement.

This Act may he cited as the Public come into operation on such Utilities Commission Act 1999 and shall may by order appoint.

date as the Minister l .

Application.

2.
This Act shall - (a) with effect from its commencement, specified in providing any service engaged apply to every public utility in section 4 (I) (a) or (b) Provided the operation (I)(a); and that the Minister may by order except from 4 of this Act any public utility defined in section (b) with effect from such date as may be specified order, service apply to any public referred to in section utility by the Minister any other in providing 4 (I) ( c) as may be specified engaged in that order by Provided that an order under this paragraph specified apply to any public ns, exclusions utility restrictio that this Act shall order with such modifications, adaptations as may be specified therein.
in the and may specify Interpretation.
3. ln this Act (I) (a)"chairman" 5 ( I ); under section means the chairman of the Commission, appointed (b)"Commission" 5; by section established means the Public Utilities Commission includes (c)"compensation" gain and reward; ( d) "consumer", in relation use of any service utility, means by the public a person utility; provided to a public making (e)"licence" authorising means a permission a service; it to provide granted to a public utility (t) "member" means a member of the Commission; (g)"public utility" has the meaning assigned to it by section 4, 7 A.D. 1999] PUBLIC UTILITIES COMMISSION [N o.
10 (h)"rate" means every rate, compensation by a public utility; or payment fare, toll, charge, rental or other for any service whatsoever provided by a utility, directly includes consumers the supplying of any commodity afforded the accommodation or furnishing (i) "service" public in which a public derived from the purposes is afforded engaged and the use and accommodation with any service the facilities any other provided commodity, by or manufactured a public utility to the public but does not include produced thereof prices.
utility by by or in connection or any associate the public or wholesale by-product that is offered for sale or article employed utility; by a public at retail (2) In this Act, where a public utility only in any part or parts of Guyana, as references construed references to such part or parts of Guyana.

a licence to Guyana shall has been granted be to operate Definition utility."

of "public 4.
of "public 4.

(1) In this Act "public receiver trustee, used to provide facilities (including of such person) who or which owns - services the following or liquidator means any person or provides utility" the lessee, (a) the production, generation, directly sale, or indirectly, transmission, to or for the storage, delivery, furnishing public, or supplying, of electricity; (b) the conveyance or transmission or any or communications written, of oral, digital by telephone, telegraphy; providers.
pay internet y, or wireless service telegraph other form of messages telephony, wireless telecom cable television, satellites, providers, service telephone other telecom service carriers, mobile transmission, common carriage network or cellular currently in the future; offered telecom providers, resellers, and radio common or any other method of providers to the public or offered as (c) any other service specified - services of the following by the Minister by order, being any (i) carriage of passengers, in motor buses or hire cars; (ii) airport and airline services; (iii) carriage of goods for hire or reward by goods vehicles; (iv) lighterage or cargo handling; (v) dockage, wharfage or related cargo services; and (vi)water supply services, except retail deliveries.
8 No.

10] LAWS OF GUYANA (A.D. 1999 (2) Notwithstandi ng anything contained in subsection who or which provides not (I), any person, only to a any service public utility, or only to himself otherwise a public utility, tenants, be deemed to be a public where such service utility.

or itself is not resold or his or its employees to or used by others, or shall not Cap.

51:02 (3) In this section same meanings "motor bus", "hire car" and "goods vehicle" have the as in the Motor Vehicles and Road Traffic Act.
PARTI1 PUBLIC UTILITIES COMMISSION of Utilities Establishment Public Commission.

s. (I) a Commission to be known as the Public and four other by the Minister to be of high character and relevant of a chairman from among persons and integrity and to professional which shall consist There is hereby established Utilities Commission members to be appointed appearing to the Minister be qualified as having had extensive expertise or business the functions in trade, finance, management .
of the Commission economics, law, accounting, or extensive experience engineering, in matters relevant to (2) The Commission shall be a body corporate.

Term of appointment of members.

6.

(l) Subject to subsection (2) and section 9, the members shall hold office for a period the expiry of their term.

of three years but shall be eligible for re,appointment on (2) Only for the first constitution of this Act, the Minister shall appoint years, two members for a term of two years, term of one year.
a chairman for a term of three and two members for a of the Commission, upon the enactment (3) Any subsequent appointment or re-appointment of the chairman and members shall be for three years.

Emoluments of members.

7. and other members shall be paid such salary and (I) The chairman allowances Commission terms and conditions members shall be such as may be determined as may be provided Assembly, of the chairman of appointment for in the annual budget of the National approved by the by the Minister.
and the other or any other (2) The chairman and any other full time member of the Commission shall not, during any term of service position appointment have held any senior jurisdictio in the Government and, within to any term, the chairman in a public position n of the Commission pursuant utility under the to this Act.

on the Commission.

hold any the five years preceding his or other member shall not 9 A.O.
1999] PUBLIC UTJLJTIES COMMISSION [N o. IO (3)The chairman Minister and any shall devote other members as may be all of their time to the Commission.

designated by the Conflicts of members.

of interest 8.
(I)A member of the Commission person or undertaking in any proceedings in relation company, other matter, a consumer shall shall Commission be recorded shall forthwith relating disclose to the Commission not take part in any deliberation or any decision to the said proceedings, who is interested in any public utility, or in any party, which is an interested other than as before the Commission, a public utility affecting utility, the fact and nature and of his interest of the in the records of the Commission.
and such a disclosure to any public (2) In the case of the absence ( except for or other inability the chairman recusal), any other member to preside of the chairman, may authorise in and in case of at the meeting; being not less than the remaining members to act at of the chairman any meeting writing recusal three shall preside at the meeting form a quorum and shall elect one of their to numbers (3)If, for any reason, there is an insufficiency the proper resulting functioning temporarily such number to ensure quorum for a meeting, impeding appoint as may be necessary Commission.
of members to form a and not sitting in the Commission the Minister of the Commission, may of ru1 � members for such period of the functioning the proper ( 4) The c:1airman during utility or any other member shall refrain with the Commission, public employment accepting employment years after ceasing under the jurisdiction by such public utility of service with any of the Commission his regarding and shall be prohibited utility from of two for a period to be a member of the Commission.
in discussions with any such public from engaging a period 9.

Termination of appointment and resignation of members.

(I) The Minister may termina any other particular.


member for any good and sufficient if the chairman or other member te the appointment or of the chairman and in cause, (a) becomes of unsound mind or incapable of carrying out his duties; (b) becomes bankrupt or compounds with his creditors; (c) is convicted of any felony or misdemeanor; (d) is guilty of misconduct inconsistent with membership of the Commission; (e) except except for the reason on leave granted for in section bv the Commiss10n.
8 (I), is absent, from all meetings provided 10 No.

10) LAWS OF GUYANA [A.D. 1999 of the Commission during any three months in any period two consecutive months, months; of twelve held during or (t) fails to carry out any of the duties or functions or conferred imposed on him by this Act: Provided that the appointment not be terminated member shall has been given a reasonable or other of the chairman he unless under this subsection of being heard.

opportunity (2) A member may resign Minister.


from his office by letter addressed to the Disqualification of chairman member.

or other 10.
(l) The chairman or any other member shall - not directly or indirectly (a) hold, acquire debenture or become interested in any share, stock, utility; or other security of any public (b) have any interest in any contract or agreement of any works or the providing for the of goods or any construction services for or by any public utility; (c) have any interest or patented in any device, process, appliance, or any part thereof, machine, which is of its for the purpose or used by any public utility patent required equipment or service; article, ( d) hire themselves as consultants or hire as consultants for the in which they have any Commission interest, or entity or indirectly; any company directly (e) receive any other benefit, utility, any group, interested directly or person appearing association of the Commission: in any proceedings or indirectly, from a public at or Provided that the chairman or any other member shall in a public or that he is the user or subscriber not be deemed to have any interest of the fact that he uses a motor bus or .hire utility user or purchaser course subject to this Act.
current, of electric he is a user of any other service or that in the ordinary of a public by reason utility car of any public of a telephone, utility or the (2)Any person disqualified under su6section or other member and in case the chairman the matter comes to the knowledge the appointment of such person as chairman as not be appointed (I) shall he is so appointed, when terminate he shall or other member: of the Minister, 11 A.D. 1999] PUBLIC UTILITIF.S COMMISSION [No.
10 Provided that the appointment of any person as chairman or other member shall not be terminated under this subsection unless he has been given a reasonable ofbeing heard.

opportunity (3) Where the chairman or any other member has, after he has been of appointed subsection the chairman or other member, committed (I) he shall be deemed to be guilty a breach of misconduct.

Notification of appointment and removal 11.The appointment, termination other members shall be published in the Gazette .
of appointment and removal of the chairman and Oath of Office.

the chairman and other members to,ma.ke and fully and impartially, that he will faithfully, subscribe and to the 12.It shall be the duty of an oath or affirmation best ofhls ability, him by virtue before the President, with the Head of the Presidential ofhls appointment, discharge and shall be deposited Secretariat.
the trust, and perform the duties devolving which oath or affirmation may be taken upon by the chairman or other member of Sittings Commission.

13.

(I)The headquarters of the commission Commission other place in Guyana.
may, for convenience shall be at Georgetown, hold its but the at any sittings generally, (2) No sitting or order of the Commission shall only on the ground that there in the was a vacancy in a sitting not participate or any member did of the be deemed to be invalid or ineffective Commission Commission: Provided that a quorum of three members chairman or the person meeting participated authorised in the sitting or elected to preside of the Commission.

including the at the Immunity members of from suit.
14.No action, suit, prosecution against the chairman or other proceedings or any member, personally Commission intended execution in respect of any act done bl2llll.

.l.uk in pursuance ofhls duties or powers under this Act.

or execution shall be brought officer or employee of the or or instituted Procedure of Commission.
15.Subject to the provisions procedure its own upon publication regulate shall be effective and may of this Act or any other law, the Commission may make rules for that purpose, which rules and reasonable notice to interested parties.

PARTW OFFICERS AND EMPLOYEES Officers and employees of the Commission.

The Commission employees ·commission.

shall employ a secretary, and such as are required for the proper conduct other officers and of the of the business 16.

(1) 12 No.
(1) 12 No.

10] LAWS OF GUYANA [A.D. 1999 (2, and other terms and conditions The remuneration the payment of any pension, (including of the secreta service) by reference shall of the Commission employees varied by the Commission from of employment or other like benefits ry and other officers be such as may be determined gratuity time to time.

and or to their Employment experts.

of 17.

(!)


The Commission Minister, retain remuneration payable conditions may at any time, after consultation persons of professional and their other terms and of appointment.

with the the and determine to such persons the services (2) IO shall mutatis mutandjs Section considered for retention, (I).

subsection or retained, apply to professional to by the Commission pursuant persons (3) Recommendations Commission Commission.
pursuant to this section persons of professional retained on the shall not be binding by the Obtaining public officers.

services of 18.

(I) of any enquiry or examination of any of the other functions may, with the consent For the purposes the performance Act, the Commission authority, of the Government.
utilise by it or in conducted on it conferred by this the services of any public officer or other employee of the appropriate (2) In this section or other employee vested with power to appoint to the position Government "appropriate authority," of the Government, in relation means the person officer or authority to any public such public of the officer or employee he holds in the Government.

Superannuation 19.

(I) benefits.

No.


21 of 1988 Corporations persons 28 of the Public Section apply to public officers, appointments who are seconded, Commission service, temporarily as if the Commission transferred were a public officers) referred or transferred mutandis holding to therein, to the corporation.

and teachers, (not being public Act 1988 shall in the public mutatis (2) may make such provisions gratuity of pension, The Commission for the payment the service the Commission.
their employment with and other employees or other allowances on their as it deems appropriate in respect of of its officers retire1I,1ent from PART IV BUDGET AND RESOURCES and resources Budget of Commission.

20 (I) The Commission shall submission to the Minister budget presented to the National determine of Finance its own annual budget for inclusion Assembly for in the annual 13 A.D. 1999) PUBLIC UTILITIES COMMISSION [No.

10 shall (2) The Commission have the discretion and authority funds obtained law.
of any other written in accordance with this Act, subject to disburse to the provisions (3) The funds and resources shall of the Commission of- consist (a) sums assessed by the Commission and paid over to it by public utilities Part XI; in accordance ·with (b) any property or investment or vested in, the acquired by, Commission; (c) moneys earned or arising from any property in, the Commission; or investment acquired by, or vested (d) sums provided appropriation to the Commission law; by or under any (e) sums allocated from loan from time to time to the Commission funds; (f) sums borrowed by the Commission for the purpose of any of its or the performance of meeting any of its obligations and functions; (g) all other sums or property which may in any manner become payable matter to or vested incidental to its functions.
in the Commission in respect of any ( 4) All sums assessed by the Commission in the nature of fines or s imposed upon a public under this Act shall penaltie person by such public be paid directly other company or person.

utility, utility or any other company or General to the Accountant (5) The charges on any amount which may be allocated to the from any loan funds be met by the Commission shall Complission except provided that all or any part of such charges may by or under any appropriation law.
be met out of moneys (6) For the purposes of this section, such sums as may be made available from Government by way ofloan.

the expression time to time to the "loan funds" means 14 No.

10) LAWS OF GUYANA [A.O.

1999 PARTV FUNCTIONS OF COMMISSION of Functions Commission.

21.

(I) The Commission enforcement and other functions conferred on it by this Act.

investigatory, shall perform the regulatory, No.

31 of 1997 No.

11 of 1999 of 1990 No.


27 (2) mentioned in subsection (I), the shall be bound by and shall give effect to, the out the functions In carrying Commission provisions Sector other law governing jurisdiction, a public Government and a public an investor, of the public capitalisation between such agreements the agreements subsection Constitution.
or licence (3) and Section utility, Reform Act 1999, the Telecommunications of the Guyana Energy Agency Act I 990, any to the Commission· by the Government utility a public the terms of any licence subject issued Act 1997, the Electricity s to and the terms of any agreement between the which agreement utility or between is in relation the Government to the privatisation of a conflict law, written and or and in the event utility: or licence shall prevail 33, "written and any existing for purposes of this law" shall not include the (3) The decisions and orders of the Commission with this Act and other written shall be fair, in laws in operation in accordance Guyana and, subject to burden Commission.
of proof, based on the evidence to any rule oflaw or provision presented of this Act relating to the (4) Subject to the provisions the Commission of this Act, in the exercise shall not be subject of and discharge or to the direction its functions, control of any person or authority.

(5) The Conunission of the Commission of its functions has power to do anything is calculated or is incidental opinion discharge to facilitate thereto.

which in the reasonable the proper Economic research.
may establish an office of economic research which shall 22.The Commission have the following functions (a) collecting and compiling any information which may be of assistance to the Commission this Act; in the exercise or discharge under of its functions (b) keeping the information so collected and compiled up-to-date; ( c) conducting studies of economy and efficiency; (d) making such required valuations by the Commission; of the property of a public utility as are 15 A.D. 1999] PUBLIC UTILITIES COMMISSION [N o.
10 trends regulatory (e) monitoring the efficiency, operations and its decision-making pricing and and evaluation to enhance internal of service, and quality programmes; accuracy, and modernity of the Commission's on standards in Guyana and other countries of development and expansion (f) such other functions mentioned above.

as are incidental to any of the functions Advisory function Commission.
of 23.The Commission shall act capacity to the Minister in such matters concerning public as are referred to it by the Minister.

in an advisory utilities Investigations Commission.

24.For the purposes of the exercise and discharge under this Act, the Commission of the functions and of the by investigations into the operations and shall have power to initiate of service of any standards Commission conduct public utility.

Duty to provide adequate service.

25.


(I) PART VI SERVICE AND FACILITIES its utility shall maintain and equipment (2), every public in such condition Subject to subsection property as to enable service to the public.

and shall make every reasonable effort to provide, and non­ in all respects discriminatory changes, substitutions, in or to such shall be necessary or proper of the public or as shall advances in technology.
safe, adequate, reasonable and shall make all such repairs, extt:nsions be necessary to incorporate, for the accommodation and improvements efficient, service as and convenience from time to time, it to provide, alterations, (2) Where an agreement exists between or an agreement utility exists granted to the public the Government and a public or capitalisation and an investor, of a or the or a written law for the privatisation between the Government utility makes provisions utility, public licence for the standard public utility shall this Act to be reasonable quality or quality is achieved and maintained.
by the of service, the service provided be deemed by the Commission, for the purposes of or standard if the aforesaid or adequate service Proper established on complaint.

26.

(I)Where the Commission, finds that the service complaint, with section 25, the Commission accordance or upon a after a hearing upon its own motion is not in utility shall by order determine by a public provided 16 No.
IO] LAWS OF GUYANA [A.D. 1999 the adequate all such repairs, or reasonable substitutions necessary service changes, or improvements to be provided and prescribe public utility, including alterations, extensions, be reasonably convenience also direct loss or damage the public utility for the accommodation law, may to any other written compensation for of of the failure pay to any consumer on account with section 25. as shall and facilities and the public utility to suffered to comply by the consumer of the public; and, subject and proper by the (2)An order under subsection (I) shall specify with the same or, where the compliance times may be specified with each stage.
to comply reasonable is to be in stages, time to comply different may Commission order extension of service.

27.

(1)Subject to section 21 where the Commission, after hearing upon its finds that an extension by any public would in the opinion of the Commission of existing sufficient own motion or upon complaint, utility provide of such extension, make such extension reasonable service business the Commission to its service and expedient.
to justify the construction may order the public to may deem as the Commission utility and maintenance (2)Where a licence specified extend the service granted to its service utility restricts not require (I) shall an order under subsection it to areas.

the specified to any area outside to a public areas, (3)Where a licence dealing comply with extension with the provisions granted to a public of service, contains (I) shall any order under subsection for a mechanism utility of that mechanism.
of this section such gross revenue, for the time being "sufficient means such business" the extended within as will produce authorised, area of a (4)For the purposes business as will yield service sum not less than the cost of and will produce such extension at the rates a reasonable operations, return on the capital maintenance of in respect outlay and depreciation and a public that the Minister Provided be "sufficient agree as to what shall utility that public and where any such the Commission shall determining sufficient may utility in relation business," to agreement at, is arrived to that agreement of the service have regard whether the business.
extension will provide in 17 A.D. 1999] PUBLIC UTILITIES COMMISSION [N o.

10 PARTVD DEVELOPMENT AND EXPANSION OF FACILITIES OR SERVICES and Development expansion programme.

28.

(I) Subject to any written law, a public utility of the Commission approval expansion of facilities it will be implemented, the information law.
written arrangements required to be submitted to the or services, specifying the period for financing by any must submit for the any programme for development and which within and any other Commission (2) The Commission, after considering proposed development all the relevant - and expansion programme, including aspects of the (a) the benefits to be accrued to consumers of the service rendered of the as a result of the implementation by the public development utility and expansion programme; (b) the reasonableness of the financing expansion programme; and arrangement for the development and of the cost and other terms and conditions (c) any other criteria set forth in any written law, or a licence.
may approve or to modify the programme suitably.
reject the programme or may require the public utility (3) The Commission or requiring the not exceeding ninety days, shall, within a period approving of, a development to the Commission or rejecting, and expansion programme utility, consider and render a decision suitable modification submitted the standard or quality of service pursuant to section 25, 26 or 27 is directly provide dependent upon approval programme, a public standard or quality the Commission.
expansion of a development and of service pending approval that a public utility by a p\lblic utility shall be excused from providing and, to the extent that is required to and materially of such programme by such (4) Where an agreement exists between the Government and the public or capitalisation exists between the Government and an investor, of a or an agreement for the privatisation utility or the law makes provisions granted to the public utility or or of the facilities utility, public a written licence for programmes for the development and expansion services of a public utility, such approved upon receii,t by the Commission thereof by the Commission.
to be provisions in accordance with those shall be deemed programmes 18 No.

10] LAWS OF GUYANA [A.D. 1999 (5) With respect to a development the Commission information reasonable programme and expansion shall the Commission to consumers in such programme make the available to be set by the Commission: included cost to the consumer under this Part, at a to submitted to implement 29.

()) Failure and development expansion programme.


to available in making such information shall Commission and shall not publish the trade secrets that, Provided consumers, the care to protect available confidential aid a competitor may request confidence by cooperate take all due and reasonable make or otherwise third utility, that may and such public in be maintained the Commission shall and the Commission in that regard.
with the public utility of the public party or any other information information of the public that such information utility, utility utility utility of being heard, upon its own motion or upon a complaint by the complainant finds and expansion and after giving opportunity out a development or an aggrieved party a reasonable is not carrying approved Where the Commission, the Minister and the public that a public programme in the manner in a licence utility privatisation failed or refused to implement programme excuse, the Commission and subject to by the Commission and a public to a in relation or that the utility and expansion without to sections 68 and 69 by its order - and an investor of a public utility the development or an agreement or between the Government prejudice utility's in a timely manner in any material or capitalisation the terms of the public between the Government or as provided may, without respect, licence, lawful has (a) direct the public utility to pay to the Accountant as the Commission, taking of the harm caused, thinks General into account the fit, being not thousand dollars nor more than such penalty extent and severity less than one· hundred million twenty dollars: Provided penalty shall obligations alleviate performance by a public utility; that the imposition of any such or not affect the contractual rights of any party and, in particular, not shall or substitute for full and satisfactory of any contractual obligations undertaken (b) recommend to the Government to the public of the licence·granted the suspension or utility; or cancellation 19 A.O.
1999] PUBl/C UT/l/TIES COMMISSION [No.

10 (c)make such other order as it thinks of the case.
the facts and circumstances appropriate having regard to (2)Nothing (I) shall in subsection suspend or cancel any licence granted be deemed to prevent or or the Govenunent to a public manner any power vested in the Minister revoke, the terms and conditions between Government and an investor of a public capitalisation of the licence, the agreement the Government and the public utility or between the to a privatisation any written law or otherwise.
under entered into utility, in relation utility restrict in any or to Restrictions on 30. ceasing operation service.

of Except expires where a licence terminated in accordance shall without within permission first obtaining the cease to supply services or is revoked, with the conditions suspended, canceled or no public of the licence, utility its authorised area or any part thereof of the Commission.

31.
31.

Power to prescribe and standard quality and of service conditions to relpting to be service in contained agreement.

Subject to sections prescribing - 21 (2) and 25 (2), the Commission may make rules (a)the quality and standard to be achieved and maintained by a public utility in respect of any service provided by it; and (b)the conditions agreements entered by it.
any service to be contained into by provided in, and to become part of, all utility a public of and consumers in respect PARTVID RATES (a)Principles Rates to be just and reasonable.

32.

(l) Every rate made, demanded making persons reasonable and in as the Commission use of the service conformity or received by any public provided by it, shall with any written may from time to time prescribe.
from utility be just and law and with such rules (2)In determining provided and investor enterprises service the enterprise.

interest having utility may charge the rate a public have regard shall by it, the Commission for any service to consumer in other and to the rate of return obtained interest costs, at reasonable commensurate risks, provision of safe and adequate of the financial integrity and to assuring Agreement, licence or law regarding rate of return.
33.Where the Government and a public and an investor utility have entered have entered into an agreement, in into an agreement, or to the privatisation or capitalisation a licence to a public of the public utility, or utility, or where the where a law exists, where the Government relation Government has issued specifying 20 No.
10] LAWS OF GUYANA [A.D. 1999 to in ( a) the rate of return the public utility or the investor is entitled for providing any service; respect of the capital invested or or dedicated (b) the principles, procedures, which such rate ofretum utility is to be determined, formulae or mechanis and, thereby, or adjusted, ms, on the basis of any rate charged by a public by and shall shall be bound the Commission licence or law in determining the rate a public receive consumers such agreement or licence prevail.
from any consumer or class of consumers to the service; and any written in relation give effect to such agreement, is entitled utility to demand or from all or generally and in the event of a conflict between law, the agreement shall or licence against Prohibition in the discrimination matter of rate.

34.

(I) No public utility to any person any service at a rate which is unduly or discriminatory.
shall provide preferential (2) Nothing (I) shall in subsection and receiving be deemed to prevent different a public utility of classes rates from different from demanding consumers.

Cost of production generation.

or 35.


(I) For the purpose public utility, demand and receive, to investigate incurred expenditure by a the cost of providing is entitled the rate a public to utility and authority have power shall the Commission any whether 33, decide to section is justified by the public utility so as to determine of determining or reasonable.
and, subject any service (2) does not itself utility but obtains law, where a public that which it distributes, transmits the to any written or generate Subject produce the consumers Commission of such production the reasonableness by the public shall have the or generation of the rate being charged or proposed for any service provided the same from another source, power and authority utility by it.
in any investigation to investigate or enquiry as to the cost or supplies to be charged to Joint use of facilities.

36.
(1) 21 (2) and 33, any public utility having tracks, to sections poles, wires, shall, shall be decided Subject conduits, equipment any dispute any 9fthe other public parti�s for a reasonable switchboards, exchanges, compensation works or other (which in the case of of on the complaint by the Commission to the dispute), permit the use of the same by any utility where (a)convenience or necessity requires such use; and (b) such use will not result in irreparable injury to the owners or other users of such equipment, to the service provided by or to such owners or other users.
or in any substantial detriment 21 A.D. 1999] PUBLIC UTILITIF,S COMMISSION (No.
10 (2) Subject to sections 21 (2) and 33, the Commission may, after investigation and bearing as to whether it (a) is in furtherance of convenience to, or the necessity of, the public, including interest in service that is safe, adequate and economical; specifically, but not exclusively, the public (b)will not result in irreparable injury or detriment to the owner or user of such facilities or equipment compensation; and without adequate ( c) is just and reasonable, by order require that two or more public utilities arrangements, for interchange, intercopnection, other arrangements for the provision and conditions enter into such joint or combined or of any service, upon such terms may determine.
as the Commission (3) The use of any facility or equipment, referred to in subsection (I) or (2) shall be permitted utility compensation referred to therein and conditions required to do so, and the terms and conditions shall be deemed to be lawful terms and compensation to be observed, followed and paid.
of any service, or the provision by the public and (4) An order ofthe Commission in respect of any matter referred to in (I) or (2) may be modified.or revoked by the Commission subsection upon its own initiative utility or consumer affected thereby.

or on receipt of a complaint from any public Uniformity of rate.

37.
37.

(I) Subject to sections 32 and 33, it shall be lawful for a public to fix, a uniform rate, or for the Commission demand and receive, be charged from all consumers Guyana, or throughout any service, provided of providing cost of providing the service in any other area of Guyana.
or any class of consumers throughout into which Guyana is divided, notwithstanding that the cost such service in any area of Guyana is different any region by a public utility, from the for utility to to (2) Subject to sections 32 and 33, the Commission matters may, having regard of such as the distribution of the population all relevant resources of Guyana, the need for making the best use of the natural of Guyana, direct Guyana and the needs of the economic development or the public utility for any service throughout any region into which Guyana is divided, provided direction.
by a public utility and the public shall comply to charge utility with the to a uniform rate throughout Guyana, 22 No.

10] LAWS OF GUYANA [A.D. 1999 (b)Change of Rate of Continuance rate.
existing 38.The rate being charged any service rendered accordance by it shall with the provisions day of January, 1996 for after that date not be increased, in except law: of this Act or any other written by a public on the first utility that nothing in this section Provided regarding right of any person first existence after the of a court of law or otherwise.

an increase day of January, shall affect in rates which came into an accrued 1996, by virtue of a finding Tariffs filing.

39.
39.

(I) shall, utility 33, every public of this Act, and thereafter to section Subject the commencement time as may be specified with the Commission all rates actually of January, rates for new services, public for inspection.
by the Commission in such form as it may specify, utility the coming into operation keep copies and shall being charged by the public within three months of periodically such within °' any wriiten law, file tariffs of such tariffs open to the from the first day 1996 until showing of this ,\ct, including (2) Subject to the provisions of this Act, the rates specified shall become the authorised approved written in accordance rates of such public with the provisions law.
in such tariffs only if of this Act ,or any other utility Adherence to tariffs.

40.

(I) No public utility shall, provided directly by it, a greater for rate than lhe rate or indirectly, or lesser demand or receive, any service specified the manner prescribed in the tariffs of such public utility applicable th11 eto, filed in by this Act or determined by the Commission.
anything (2) Notwithstanding contained utility, from a consumer it sluill in this section, be lawful to demand of the Commisi;ion, to by the public agreed any special rate with the permission for a public and receive utility and such consumer.

of change Notice of rate by public utility.

41.

(I) Subject to section 33, where a public utility initiates a new service for which rates will being charged shall give thirty notice rates.
a tariff stating be charged or is desirous of changing by it for any service provided to the Commission the new service by it, the public and file with that or the 11ew rate or the rate for days notice uy rate or rates utility (2) A notice under subsection (I) shall state - (a) where it relates to changing any rate or rates - (i) the existing and duly established rate or r,iites; (ii) the changes proposed to be made in the iate or rates; 23 A.D. 1999] PUBLIC UTILITIES COMMISSION [N o. IO (iii)the date from which the changed rate or rates are to take effect; (iv) the reasons for the change in rate or rates; and (v) any other particulars Commission or specified by any written law; reasonably required by the (b) where it relates to the rate for any new service - (i) the date from which the rate for the new service is to take effect; and (ii)any other particulars reasonably required by the Commission or specified by any written law.
(3) utility has filed with the any tariff stating any new rate or rates in respect of any section 33, where the public Subject to Commission service provided by it, the Commission upon its own motion, rate or rates are just and reasonable not enter upon stating be the authorised the new rate or rates, rate or rates for the service.
such hearing within enter upon a hearing to determine and where the Commission thirty days of the filing of the tariff such new rate or rates shall be deemed to does or whether such may, either upon complaint Suspension rate.

of rw:w (4) Hearings entered upon by the Commission promptly scheduled and held, and the decisions shall be rendered as expeditiously under this in any case, not later than sixty days after the closing of the hearings.
under this section of the Commission as possible · and, section shall be 42.
(I) Where the Commission has entered upon a hearing as stated in section to the public such hearing and the decision in writing ofits reasons therefor, at any time 41 (3) in respect of any new rate proposed to be charged by a public pending utility thereon, for any service, the Commission may, upon delivering thereby a statement of such such new rate becomes effective, suspend the operation before rate for a period not longer than six months from the time the rate .
would otherwise become effective, but where a utility comply with a request from the Commission for the hearing, for such period not exceeding three months as may be necessary.
fails to required for information the period of suspension the Commission may extend utility affected public (2) Where the operation of a new rate is suspended under subsection (I), fbrce, when the tariff stating the rate in section 41 (I), shall continue establishes a temporary rate under section 43. in force unless, the new rate was filed under the Commission (3) If the hearing entered upon under section changed rate has not been concluded 41 (3) in respect of a new or the final and an order containing 24 No.
IO] LAWS OF GUYANA [A.D. 1999 has not been lllllde by the Commission of the suspension decision of the Commission before the expiry Commission temporary rate under section 43, then the proposed rate shall come into effect on the expiry suspension: under subsection period imposed by the of such of the period not set a ( 1 ), and the Commission has new or changed Provided that if the rate finally as fair and determined reasonable by the Commission changed rate, the consumers reimbursement as provided is less than the proposed new or shall have the right to receive in section 46(2).
(4) Hearings entered upon by the Commission scheduled and held, and the decisions promptly under this section shall be rendered in any case, not later than sixty days after the closing as expeditio of the Commission usly as possible and, under this section shall be of the hearing.

Temporary rates.

43.
(I) On a Ju:ima fas.is: consideration or, as the case may be, or agreement the Government Commission and an investor may, in any proceedings subject the Government and a public of the criteria to the terms of any written 33, the referred to in section 41 (3) under section initiated utility between 32 (2) set forth in section law, licence or between or to be charged the rate or rates charged involving initiate either Commission order fix a temporary rate or rates to be charged pending upon its own motion or is of the opinion the final decision that the public in such proceedings.
if the upon a complaint, interest by such public so requires, by utility by a public utility, (2) Any temporary rate or rates fixed under subsection from a date specified effective the proceedings modified unless of the Commission or terminated in the order until the final decision referred to in subsection"!

: I), sooner by the Commission.


(I) shall be in (3) Subject to sections 32 (1) and 33, where the Commission, upon a return examination books or other public utility, forth in section are producing the property of such public provided exceeding such public a fair return effective shall become permanent modified or terminated Commission.
of any annual or other report or of any papers, of any of the property set utility documents is of the opinion 32 (2), any rate or rates charged that having regard to the criteria or on the appraisal by such public records, in excess of a fair return upon the fair value of utility, used or useful in the service by it, the Commission six months such temporary rate or rates to be observed by may by order fix for a trial period not as, in the opinion utility upon such fair value, of the Commission, will produce and the rate or rates so fixed shall be from a date specified in the order of the Commission at the end of such trial at any time during such trial period, and unless period by the 25 A.D. 1999] PUBLIC UTILITIES COMMISSION [No.
IO fixing a (4) No order shall be made by the Commission under giving rate or modifying the public temporary without reasonable opportunity the rate proposed rate.

temporary or terminating and the consumers utility this section such temporary affected regard to the fact that or terminated is only a rate a thereby of being heard, having to be fixed or modified Burden of proof 44.
(I) Subject to sections 32 and 33, in any proceeding, or in proceeding involving, the Commission consumer involving, public involved the burden shall is just and reasonable any proposed for any service, utility upon the motion upon complaint by a in any rate charged by any of proof to show that the rate utility.
be upon the public increase of (2) Notwithstanding anything by a consumer consequent in subsection involving upon a final decision upon any rate then being charged by a (I), in any proceeding of section 43 (3), the burden shall is not just or reasonable initially be upon the by the Commission of proof to show that the or complaint utility public by the operation rate involved complainant: Fixation of rate.

45.
(1) Subject to sections 32 and 33, where the Commission - Provided 82 and 83. sections that the public utility has complied with (a)after a hearing upon its own motion or upon complaint by any public utility finds for any service that any rate being charged or umeasonable; is unjust or (b)at the conclusion of any hearing under section for any service utility 41 (3) concludes is that any new rate filed by a public unjust or umeasonable, rate the just and reasonable to be thereafter and minimum rates) the Commission shall determine (including the maximum obseived by the public the public utility, utility is changed and such rate shall to demand and receive in accordance is entitled utility and shall with the provisions of this Act.
fix the same by order seived on constitute the legal rate the public for the service, until such rate charged (2) Any rate lawfully being by a public in relation decreased by the Commission commenced date on which the Commission ofthis in the decrease, include and for the purpose a re-hearing.

to a period the earlier than a hearing section, does not a hearing which resulted utility· not be shall (3) Hearings entered commenced, promptly and held.
scheduled upon by the Commission under this section be shall 26 No.

10] LAWS OF GUYANA (A.D. 1999 Adjustment of moneys due on variation of rates.

46.
(I) by the is in excess of the by a public 41 ( l ), or of the rate 33, where any rate as finally rate existing of a tariff stating fixed temporarily utility determined prior to the filing with the a new rate under 43 then to amortize the rate as finally the gross by the Commission increase in the difference between utility under section during shall be permitted by means ofa temporary the sum which represents by the public received with the date on which, under the notice the period given by it to utility Subject to section Commission Commission section the public and recover, determined, actually revenue commencing the Commission, on the date on which became effective, received finally by the public determined and the gross revenue which would have been if the rate as the same period utility during by the Commission had been in effect.
the new rate was to have come into effect and ending the rate as finally determined by the Commission (2) Subject to become due to the public that a public provided any sum from the public 33, where, the rate for any service to section determining receive to receive any sum likely for a reasonable talcing consideration, any amounts aforesaid utility.
the interests period he ceases future period, of the public or the remainder owed to the public on an order finally consequent utility is entitled by it, any consumer to demand and becomes utility, it shall be adjusted utility to be determined entitled towards from the consumer by the Commission and the consumer utility paid in cash to the consumer utility to be a consumer the expiry of the in relation to the public ifbefore into net of PART IX OTltER REGULATORY PROVISIONS by Approval Commission securities.
to issue 47.

(I) No public or other or debentures shares shall utility of indebtedness, issue any stocks, payable it has first obtained evidence date thereof, Commission and issued and a public privatisation unless for the proposed in accordance or between issue or unless with an agreement the Government of a public utility or capitalisation utility.
after more than one year from the the approval of the by it has been authorised between the Government for the and an investor (2) The Commission may grant the approval for the proposed issue in the for or in any lesser amount applied conditions as utility public it may deem reasonable shall report on such issue to the Commission.
to such amount and subject and the to impose or necessary (3) Where a development financial Commission to obtain utility programme, and expansion the including by the for the same, has been approved for the public not be necessary under this separately of the Commission 28, it shall the approval arrangement under section 27 A.D. 1999] PUBLIC UTILITIES COMMISSION [No.

10 for the issue of any stocks, section shares evidence of any indebtedness in relation so approved by the Commission.
or other or debentures arrangement to the financial Form of accounts.
48.Subject to the terms of a licence, utility, forms of all books, .wery public accounts, internationally manner so prescribed of the Commission accepted papers accounts, and every public the Commission may by papers and utility accurately principles the be kept by other records required to its books, with shall keep and render and faith.fully in in Guyana in the form and accounting and other records rules prescribe accordance by the Commission, to such books, and shall accounts, comply with all directions papers and other records.
relating Uniform accounts.

49.

( I) Every public utility shall form and manner referred business transacted keep and render in section by it in relation 48 uniform accounts by it.
provided to the service to the Commission in the of all (2) Every public utility business other engaged of any service, directly shall, separately in any or indirectly by the if so required keep and render than the provision Commission, form and manner referred other business, books, same manner records accounts, of the public and other as they apply to the books, utility and this section to in section in respect papers and section records apply to the 48 shall in the of such other business other papers and by it.
provided accounts, of the service to the Commission, in the of all such 48, the accounts on customer Interest deposits.

50.
(I) utility which requires any service with the public to receiving deposits Every public precedent make cash sums payable cash deposits other rate as may be specified by the public public to privatisation for availing at an annual utility or between the Govemm�nt utility or capitalisation as a condition its consumers, to by such public offered to secure payment utility of the on such shall or such rate of eight percent law, a licence pay interest held in any other written and the or an agreement between the Government of such service, compound and an investor, of the public utility, .
utility, in relation utility by a public under subsection (2) The amount payable interest the cash deposit than unjustifiable from the consumer utility to the consumer: (I) shall be paid to the consumer of the service upon termination nonpayment on account of the sums due to the public of the service provided for any reason, other utility by the public by way of to a consumer along with Provided upon deposits utility months: shall that interest not be payable by the public held by the public utility for less than six Provided further application therefor by rules and supplied may, upon that the consumer by the Commission in the form prescribed periodic obtain by the public utility, 28 No.
10] LAWS OF GUYANA [A.O.

1999 of accumulated payments provision of the service one thousand dollars: interest during the continuance of the when the interest equals or exceeds further that, notwithstanding utility sums due from the relevant ng may off-set accumulated interest and shall report consumer, Provided proviso, a public against any such offset accurately statement rendered to such consumer.
on the next billing and clearly the precedi (3) Every public to which subsections utility to the consumer year, the amount of interest during that calendar (I) and (2) apply shall statement which has accumulated year and the total amount of interest with its final billing in each on the disclose calendar cash deposit which has accumulated subsection (2).

under and has not been paid to the consumer Obligation to bill.
utility as may be agreed to by the Commission shall supply every consumer 51.Every public intervals or any written showing by the may be agreed to by the Commission, may be prescribed to any consumer consumer during the preceding law in relation by the the sum payable utility in its licence public .. on account of any service provided period month, or other relevant as as and periods or for such other intervals every month, or at such other or provided for in a licence or class of consumers, a bill PARTX PROCEDURE Complaint.
52.

(I) under this Act against A complaint Minister interest or any person (including in the subject matter.

a public utility may be made by the having an utility) any other public (2) A complaint complained and the relief sought.
shall state the particulars of, the public of the act or omission agai,nst which the complaint utility is made (3) The Commission complaint shall be made: may make rules prescribing the form in which any Provided that a complaint required and information be rejected accordance to be provided only on the ground that it is not strictly with the form.

by the form shall not in that furnishes the particulars Notice of complaint.
53.Upon the filing of a complaint utility, the a public cause a copy thereof notice from the Commission against to be served upon the public requiring the public utility, utility to satisfy the shall Commission by a accompanied 29 A..D. 1999] PUBLIC UTILJT/ES COMMISSJON [No.

10 complaint, may be specified by the Commission or to answer the same in writing, in such notice: within such reasonable time as Provided sufficient cause shall that the Commission shown, to extend the time so specified.
have power, for good and Security.

Representative complaint.

S4.

The Commission give security ss.

(I) The Commission may require for the costs of the hearing the complainant, not being the Government, to and investigation of the complaint.

complaint against a on behalf in relation all consumers utility, to that public utility.
of a class of consumers or may permit public one or more persons to make a (2)Where a complaint has been made under subsection shall the Commission of a at the cause to be published (I) on behalf or complainants, and in of the Commission stating having a newspaper the particulars in a prominent place at or complainants of the class in relation to the public of the complaint to have sought permission specified in of consumers the date, utility, and that any person of the complaint, in Guyana, a notice class of consumers, expense of the complainant the headquarters circulation and that the complainant on behalf make the complaint or all consumers the notice time and place of the hearing in that class belonging desirous of being heard in respect appear supporting representations of the request, who is or any of such consumers, to be entitled to make shall on the date and at the time and place so specified or opposing the request.
of consumers (3) In the case of a complaint referred to in subsection (I), the Commission shall any person consumers Commission to be made.

have power to join as complainant to the class or persons belonging on whose behalf the complaint or has been permitted of consumer or respondent by the ( 4) A complaint settled except referred to in subsection (I) shall not or of the Commission.
be withdrawn with the permission (S)Where the complainant or complainants (I), the a complaint referred have applied for permission to in subsection or settle a notice shall cause to withdraw Commission the complainant headquarters circulation in Guyana, and - of the application, of the Commission the date, stating at the cost of to be published, thereof in a prominent place at the having and in a newspaper time and place of the hearing or complainants, (a)shall belonging hear any person on whose behalf consumers who appears the above mentioned notice on the date and to the class the complaint at the time and place and and opposes the request; has been made, and of consumers or in specified 30 No.
10] LAWS m· G//YAN4 IA D 1999 (b) shall have power to allow any such consumer who so requests to continue to prosecute the complaint: Provided that where such consumer does not appear and where the Commission prosecute the complaint the terms of the proposed reasonable, permission the Commission shall or settle to withdraw or settlement grant the application the complaint.

withdrawal to considers to be for Initiation of proceedings by Commission.

56.
56.

(l) Where the Commission against utility, any public utility proceedings, and place of hearing.

stating a notice proposes to initiate proceedings under this Act serve on the public shall the Commission the reasons for the initiation of the proposed with the particulars relating thereto, and the date, time (2) A notice of the proposed shall proceedings be published headquarter circulation s of the Commission in Guyana.
and in a newspape at the r having (3) The public utility subject matter at the hearing and any other person of the proposed and be heard.

having an interest to appear shall be entitled in the proceedings Fixing of hearing.

57.

(1) Where a public utility satisfies therefor specified be dismissed or extended by the Commission.
a complaint by the Commission, it within the time the complaint against shall satisfy does not (2) Where the public specified the Commission thereto, the complai investigation utility therefor or extended the complaint the time within to and it appears of the complaint from a consideration and answer exists ground that reasonable by the Commission, shall fix a date, time and place for nt, the Commission or otherwise, and hearing of the matter.
for investigating in this section, (3) Notwithstanding anything is frivolous contained that a complaint may reject the complaint.

to the Commission Commission where it appears or unduly delayed, the Hearings to be public.

58.Subject to the confidentiality shall before the Commission be public restrictions contained 83 (5), all in section and the parties to the or by counsel.

be entitled to be heard in person hearings proceedings shall Decision of Commission.

59.
59.

(I) After the conclusion which shall of the hearing, state shall the Commission make an the order is to the time within which order in writing with.

be complied (2) The decision (without taking Commission, his views.

record ofa majority into account of the then membership of the Commission of the be the decision shall any vacancy) with the majority but any member not agreeing may 31 A.O.

1999] PUBLIC UTILITIES COMMISSION [No.


JO (3) The Chairman or, in the absence or inability to act of the Chairman, the person elected in accordance with section 8(2), shall preside meetings of the Commission; person elected as aforesaid, as the equality of votes, case may be, shall, and a casting vote.

when so presiding, have an original the Chairman or the where there is an at the ( 4) An order under subsection (I) may deal also with any incidental in the proceedings before the Commission.
that bas matter arisen (5)A certified copy of the order shall be served upon the public utility against which it is made, and notice thereof shall be given to the other parties to the proceedings.

Oaths and subpoe na.
60.The Commission shall the production have power to subpoe na witnesses, to administer oaths, to examine witnesses, to compel documents and other records proceeding, buildings, public utility, exercise ofits or used by any in the lawful and to do all other necessary and proper acts powers any premises, owned, occupied as it may deem necessary or proper or hearing held by it, to inspect of such books, records, investigation or the performance machinery, equipment or facility of its duties.

for any Notice.
for any Notice.

61.Notice of all hearings, investigations be given in such form and manner as the Commission the Commission by may prescribe and proceedings before shall rules.

Proof of agreement.
62.Where any dispute arises as to whether any agreement referred to of the nature been entered into between the Government and utility or between the Government and an investor in Parts V, VI, VII, or VIII has a public privatisation or capitalisation of the public under the signature agreement, a certificate such agreement has been entered into and the terms of the agreement as evidence by the Commission admitted to the in relation or as to the terms of the that any stating be of the facts stated therein.
utility of the Minister shall Records of proceedings.

of any investigation by it or on its behalf.

shall 63 The Commission keep a full and complete record of its proceedings and PART XI FUNDING OF mE COMMISSION AND COSTS Annual assessment upon public utilities.

64.

(1) The annual budget of the Commission, shall Assembly, by the by an annual assessment by as approved be funded National the Commission upon the public utilities under its jurisdiction.
(2) The annual assessment imposed pursuant to subsection (I) shall not exceed- (a) one per cent twenty-five any public of the gross revenue million utility referred is less, dollars, whichever 4 (1) ( a); to in section or in the case of from services, derived 32 No.
I OJ LAWS OF GUYANA [A.D. 1999 (b)one per cent of the gross revenue derived from services in the case of any public and utility referred to in section 4 (1) (b); ( c) in the case of any other public of the Commission, order, National which shall be subject Assembly, prescribe.
such amount as the Minister may by to negative resolution of the utility under the jurisdiction (3) The Commission shall, on the basis of the budget that it shall submit days before the beginning of Finance pursuant to the Ministry forty-five such budget relates, determine jurisdiction the annual assessment Commission's to section of the financial and notify each public upon such public utility of the annual assessment 20 and no later than year to which upon each other public jurisdiction.
under its utility and of utility under the (4) A public the annual utility shall pay over to the Commission to this section day of January and on the fifteenth assessment made pursuant the fifteenth year, and the first installment which the National such payment the first installment Assembly shall be adjusted if necessary by the National shall be paid irrespective date on save that the national approves based on the amount of on day of July in each of the budget, approved Assembly.
in two equal installments (5) On or before the thirty-first day of March in each year, the Commission the public, pursuant funding.

shall prepare and to the Minister and make available an accounting utility, to each public of the funding received of such and the use or other disposition to to this section (6) For purposes of this section, "gross means the gross revenue derived year of a public utility.
revenue derived from services" financial in the most recently-ended Costs of investigation or proceeding.

65.
(I) To the extent not defrayed from the resources of the Commission under this Act involving by 64, the expenses incurred by it, in connection pursuant and assessed or proceeding of any litigation to Part IV and section and determined utility, from any such investigation, or from any order or action obtained the Commission, with any investigation and all expenses public arising proceedings, borne by the public the Commission's presentation receipts, utility Commission: investigated of itemized where such receipts to the Commission or proceeded utility revaluation or or any valuation, shall be of the Commission, and upon against, by supported statements any appeals) (including are issued, shall be paid by the public such time as may be specified within by the 33 A.D. 1999] PUBLIC UTILITIES COMMISSION [No.
10 Provided that the amount so determined in any one year by the utility to any one-public and assessed shall Commission not exceed - (a)in respect of any proceedings relating to rate - (i)one half of one per cent, or twenty million dollars, public which ever is less, utility in the case of any referred to in section 4 ( 1) (a); (ii)one-half public of one per cent in the case of any utility referred to in section 4 ( l) (b ); (iii)in the case of any other public utility under such of the Commission, the jurisdiction amount as the Minister shall be subject National Assembly, which may by order, of the resolution to negative prescribe; (b)in respect of all other investigations - (i)one-tenth dollars, public whichever utility is less, in the case of any referred to in section 4 (1) (a); of one per cent, or fifteen million (ii)one-tenth public and utility of one per cent in the case of any referred to in section 4 ( l) (b ); (iii)in the case of any other public under utility such of the Commission, the jurisdiction amount as the Minister shall be subject National to negative prescribe, Assembly, which may by order, of the resolution derived from services or such other in, or determined in accordance law, a licence between the Government held by the public and the of its gross revenues sum as may be specified with any other written utility public in relation utility.
or an agreement utility, or between the Government to a privatisation or capitalisation and an investor of the public (2) The amount determined and assessed to a public of the amount determined and paid by it utility and under subsection ( l ), and one-half assessed to a public taken into account in determining of this Act.

utility and paid by it under section 64, shall be its operating costs for the purposes 34 No.

10) LAWS OF GUY ANA [A.O.


1999 (3) The costs of, and incidental incurred to, any proceedings before thereto the shall be in the by the parties Commission discretion appropriate arising in the proceedings.
of the Commission order in respect thereof and the Commission while deciding may make an the matter (4) To the extent not defrayed from the resources of the Commission to this section and sections 20 (3) as approved of'the Commission, and 64, the by the National to the Commission obtained pursuant budget annual Assembly, by or under an annual by sums provided appropriation by the National shall be funded Assembly.

PART XII ENFORCEMENT OF ORDERS Execution of order.

66.
66.

(l) On the application Commission and the production Commission order as if it were an order made by it.

the of any party to any proceedings before copy of the order of the of a certified in such proceedings, the High Court may execute the (2) This section is without prejudice to any other provision of this Part.

with Compliance order in proceedings relating to rate.
67.A public utility changes in the tariffs to the order and thereafter in accordance filed to which an order relating to rate applies by it as may be necessary no change shall be made such shall make to make the same conform in the tariffs so filed except of this Act.

with the provisions of order Enforcement by taking over management business of public utility.

of in the provided terms of a licence law, where an order made by the as otherwise 68.
(1)Except public utility or any written in respect Commission rate or for the payment and without particular reasonable time to be stated may take such steps and employ such persons of such order, the enforcement of a public of any sum of money) has not in any material lawful excuse, therein with within a the Commission for compliance, as may be necessary for been complied (not being an order fixing and for that purpose utility granted may - to a (a)forcibly or otherwise enter upon, seize and take possession of the whole or any part of the movable the public offices with the books, and utility; of the public together utility, or immovable documents and property of (b)until the order has been enforced, of the business of the public management interests creditors of the owner or owners of the public and the consumers.
utility for and in the its utility, assume and take over the 35 A.O.

1999] PUBLIC UTILITIES CUMM/SSION [No.
IO under subsection when the Commission ( 1 ), the Commission the business may exercise all of the owner or owners manages the period utility (2) During public or any of the powers, of the public directors the employment including utility: the public duties and rights utility, and of its officets, of officers in all respects, and employees and dismissal or of of a Provided of the property possession utility or any part thereof unless within that period 69. under section in shall that the Commission or manage the business for a period it proceeds against in excess not remain of six months the public utility ofthe public (3) Upon the Commission so taking possession utility, every officer and employee of the property of any public business shall utility placed by the Commission department obey the orders or the business of the Commission in authority of the public and of any person in the management utility.
of any and of the public (4) The Commission, over the management determine, public to the same extent public utility or management and give receive utility upon taking possession of a public and taking of the property may utility, of the business and pay out all moneys due to or owing by the cheques, acquittances and receipts could do if possession and with like effect as the proper of the property had not been taken over.
of the business for moneys of the officers had not been taken (5) The costs incurred this section Commission such costs, paid to the Commission.

shall be may order by whom and in and assessed by the Commission in the discretion as determined referred of the Commission, for any purpose and the to in what amount by the Commission, or proportion be shall Dissolution of public in default utility 69.
(1)Where a public in has failed or refused lawful excuse, utility, and without which is a company, of any material to particular within with an order made by the Commission therein that no effectual respect comply time to be stated opinion to comply a certificate Minister the order and the default of the public such certificate be published having circulation for compliance means exist the Commission to the shall signed by the chairman setting utility in the Gazette with the order, for compelling transmit in Guyana.
and in respect thereof, shall and a newspaper and the Commission is of the the public utility forth the nature of a reasonable (2) as otherwise in the terms of a licence provided or any written Except public utility the Commission wound up and the High Court shall of the Companies the purposes law, upon publication to the High Court to have the public as if, for utility deal with the application or refusal Act 1991, failure may apply of the certificate, granted to a by a No.

29ofl991 36 No.
29ofl991 36 No.

!OJ LAWS OF GUYANA [A.D. 1999 company to comply with an order made by the Commission ground for winding by the High Court.

up the company were a No.29of199l (3) In this section "company" Act 1991. has the same meaning as in the Companies PARTXill OFFENCES AND PENAL TIES Disobedience of Commission.

of order 70.

Every public utility which in excuse summary conviction to particular on shall to obey an order of the Commission dollars.
a fine not exceeding lawful be liable of any material fails or refuses one million respect without of public 71. to furnish Failure utility infonnation.
Every public lawful excuse utility tails or refuses - of any material which in respect particular and without (a) to prepare within and furnish to the Commission and fonn, and with particulars the time, in the and verifications, manner or under this Act, any return or infonnation specified by - (i)required to be furnished by or under this Act; or (ii) directed to be furnished by discharge of of any ofits functions; the Commission the exercise or for the purpose or (b) to answer any reasonable question to any matter relevant before the Commission which is the by or investigation of any proceedings subject the Commission, be liable shall dollars.
on summary conviction to a fine not exceeding one million or furnishing 72.

Making false or return infonnation.

Every public information be liable which wilfully utility or furnishes false in any material to the Commission, which is makes any return any on summary conviction, to a fine not exceeding particular, shall dollars.

one million by 73. default Wilful etc.

of employee, public in utility furnishing information.
served may be required the Commission at any time, by notice Where the Commission it to furnish to directs utility public to furnish the return or fails means of knowledge, the time stated conviction on any public or information, utility, which the willfully refuses utility or to the best of its knowledge, at or within any return and the public or information by the Commission directed be liable shall utility the public to a fine not exceeding on summary five hundred thousand dollars.
in the notice, in the manner to furnish of, or 7 4.

Obstruction interference with members, officers, etc.

of Commission in discharge of duties.

who obstructs or interferes Every person, employed person duties imposed a fine not exceeding by the Commission Act, shaJI by or under this dollars.

one million with any member, in the exercise be liable of the rights on summary conviction officer or other conferred or to 37 A.D. 1999)f'UBl/C UTILITIES COMMISSION [No.

10 Penalty for other offences.


75.Every public utility, the contravention made thereunder) n of this Act, shall provisio exceeding one million or officer, employee of any provision for which no penalty or agent ofa public of this Act (incruding be liable has been prescribed on summary conviction to by any other a fine not dollars.

utility, guilty of rules or regulations Penalty continuin in the case of g offence.
76.For the purposes of this Act, where an offence continues and distinct it shall be deemed to be a separate after there has been a offence committed conviction, each day on which the offence continues.

PART XIV REVIEW AND APPEAL or review 77.The Commission Suspension by Commission of its own decision or order.

may suspend, review, made by it and, where under this Act or order is made, such decision rescinded reasonable without opportunity giving the parties of being heard.
vary or rescind or order any decision is required before any decision a hearing or order shall not be suspended, affected by the decision varied or or order a Appeal and other 78. proceedings.

(1) An appeal shall lie order of the Commission.

to the Court of Appeal from any final decision or (2)The party proposing to appeal shall give to the Commission and to the party or p�es in whose favour a notice of appeal Commission.
within the decision or order has been given, fourteen days of the decision or order of the (3)The appellant, favour the decision entitled or order of the Commission in whose and the party or parties was given shall of the appeal.
upon the hearing to be heard by counsel the Commission be may appoint not more than two persons (4)The Chancellor this section referred by reason of their relevant the appeal, to the appeal, (hereinafter in are qualified ) who, in his opinion, of matters at the hearing in the appeal.
in respect Court of Appeal, of fact arising in determining to assist the any question knowledge and experience to as assessors of (5)The assessors shall be paid such allowances as may be determined of court or, in the absence rules matter, as may be determined by the Chancellor.

by to this of rules of court in regard (6)All costs incidental to the assessors to the hearing ) shall payable Appeal.

of the appeal the fees (including of the Court of be at the discretion 38 No.

10) LAWS OF GUYANA [A.O.
1999 (7) Where in respect a party makes of proceedings before the Commission Court for an order of mandamus, Court shall, or for a declaration or any other such to the High or certiorari the High an application prohibition application, other written than seventy application, such procedure the stipulated law, as expeditiously days of the commencement give its decision of the hearing of the and the court shall thereon; as would facilitate time so as not to frustrate determine within of the decision the work of the Commission.
the rendering anything notwithstanding and in any case no later as possible in any Stay of pending proceedings appeal.

79.No appeal shall of itself stay or suspend the operation of any decision or order against of the Commission may stay or suspend, Appeal or order of the Commission terms and conditions think fit.
which the appeal has been filed, but the Court of of the decision in whole or in part, the operation upon such during of the appeal, the pendency (including the furnishing of security) as that court may Determination of question by Court of Appeal.

80.On the hearing of the appeal the appeal, a certified forwarded to the Commission order in accordance with that decision.
copy of the decision and the determination of in involved the question of the Court of Appeal shall be the Commission and thereupon shall make an Case stated question upon oflaw.

81.

(I) The Commission may, upon the application proceedings the opinion opinion proceedings.
before it, or on its own motion, of the Court ·of Appeal upon any question in the of law arising of the Commission, is a question of any party to any state a case in writing which, for in the (2) The Court of -:\ppeal for its opinion stated the Commission which opinion shall be to the proceedings.
with the hear and determine shall by the Commission the question of law and shall remit" the to matter thereon, of the Court of Appeal and all the parties on the Commission binding opinion 39 A.D. 1999]PUBLIC UTILITIES COMMISSION [No.

10 PART XV MISCELLANEOUS utility Duty of public to co-operate with Commission.
82.It shall be the duty of every public employees and agents utility to co-operate in the performance with the Commission of their functions and its officers, and for that purpose given, instructions to comply with all lawful requests made, or directions or by the Commission or its officers, employees or agents.

Duty of public to furnish information and returns.

may by order require a public as may be specified utility 8 3 .
( 1 ) The Commission periodically and at such other times as the Commission report of finances particulars specify, accounts, - in itemized by the Commission, a detailed such in such manner as the Commission reports or other information may require, in such form and containing including detail and operations at such intervals and verified to furnish utility which show may (a) depreciation; (b) salaries and wages; ( c) legal expenses; ( d) taxes and rentals; (e) the quantity and value of material used; (t) receipts from residuals, by-products, services or other sales; (g) total and net cost; (h)gross and net profits; (i) dividends and interests; G) surplus or reserve; (k) prices paid by consumers; (I)any other information whether or not similar to the information under paragraphs (a) to (k), and the public utility shall comply with the request.
notice (2) Upon reasonable to the Commission and complete furnish make specific Commission.

by the Commission, required all information to all questions answers by it and shall by the every public submitted utility shall 40 No.

10] LAWS OF GUYANA (A.O.

1999 (3) All the records, including records to the operations stored relating and business by means of electronic utility of of a public or other places be kept at its principal place of business, equipment, shall business, in Guyana.
by the Commission required utility, utility a public reports of engineers, (4) Whenever the public contracts, records in the possession way relating copies specify.
to its property of the same verified to notice and upon reasonable all to the Commission accounts books, and other and in any utility of the public or its business, may or service or affecting in such manner as the Commission shall deliver documents, or control (5) All information this Act shall be publicly available: and documents provided to the Commission under Provided that the Commission shall take all due and care to protect and shall reasonable make publicly available third party confidential that may aid a competitor the trade secrets information, of the public not publish or otherwise utility, of the public or any other information utility.
of Ascertainment value of property of public utility.

84.
(1) may, for the purposes of carrying out its functions The Commission authorised ascertainment utility judgement, money actually service to provide public under this Act and subject to section 21 (2), order the by appraisal of the value of the property and in that connection has any bearing may enquire on that value, expended adequate into every fact which, including in that undertaking in order of the to the requirements the amount of and reasonably reasonably of any public in "its served by the public utility.
(2) All expenses with any appraisal in connection including utility Commission, by the public may, where the Commission account whose property all expenses incurred is the subject be charged and added to the rate base of the public utility.

ordered by the in connection therewith of the appraisal, so directs, to the capital Annual report.

85.
85.

(1) The Commission shall, on or before the thirty-first day ofMarch each calendar year, make to the Minister year stating calendar preceding briefly a report in respect in of the (a)all applications Act, and summaries thereon; and complaints of the findings to the Commission under this of the Commission (b)summaries matter in own motion; of the findings respect of of the Commission to any in regard which the Commission has acted on its 41 A.D. 1999] PUBLIC UTILITIES COMMISSION [N o.
10 (c) such other matters as may appear to the Commission to be of utilities; public interest in connection with public (d) an accounting of the funds received use or other disposition by the Commission of such funds, in and the Commission's such form and in such detail and as the Minister may prescribe; ( e) such_ other matters as the Minister may prescribe by regulations.

(2) A copy of every report under subsection ( 1) shall be laid before the National Assembly by the Minister.

Evidence of documents.


86.

A copy of any order or other document Commission, certified by the Secretary seal of the Commission, shall be evidence in the custody of the to be a true copy and sealed with the of the Secretary of the order or other document.

Power of Commission to make rules.
87. to any written Subject Government and a public in relation Commission to the privatisation may make rules in respect law, any licence utility, or between the Government and the of the public - of all or any of the following matters utility, an investor, or any agreement between the or capitalisation (a) the procedures of the Commission, (b) the rates that may be demanded and received by public and any matter to be taken into account from utilities in fixing the rate consumers for any service provided by a public utility; (c) the form and manner of keeping other records of a public utility should specify; by public utilities and rendering and the and books, accounts that the annual report matters ( d) the form of application by a consumer for receipt on cash of interest deposit; ( e) the form of any complaint under this Act; (f) the form and manner of giving any notice by the Commission; (g) the time, form and manner of furnishing to the Commission any return in it the particulars to be contained utility, by a public or information thereof; and the verification (h) the fees payable Commission; in respect of matters within the jurisdiction of the (i) the particulars submitted should contain; by a public that a development utility and expansion programme for the approval of the Commission 42 No.
IO] LAWS OF GUYANA [A.O.

1999 (j) any other matter Commission that is required by rules for carrying to be, or may be, prescribed out the purposes of this Act.

by the Power of the Minister to make regulations.

The Minister purposes of this Act.

88. may make such regulations as are necessary out the for carrying Repeal.

89.

No.

26 of 1990 No.

29 of1997 The Public Commission Act 1997 are hereby Utilities Commission Act 1990 and the Public repealed.

Utilities Transitional provisions.


No.26of1990 of the Public 90.
(I) Notwithstanding 1990 by section section necessary, operation appointed the powers vested 5 of the said Act shall, to function continue of this Act, as though under section Utilities the repeal Commission 89, the Public Utilities for such time as the Minister as such on and after the corning into other members the chairman and under this Act, and in respect Commission in it deems of all pending were Act - 5 of this Act, and shall have and discharge all constituted under (i)matters engaging the attention of the Commission; (ii)complaints before the Commission; (iii)appeals by or against the Commission; (iv)proceedings the Commission is a party, in the Court of Appeal or the High Court in which Utilities have and discharge on the day immediately preceding Act, shall Public unrepealed functions complaints, necessary in respect of the Commission and proceedings.
all the powers vested to facilitate Commission the corning into operation in it under the stand and that Act shall the discharge of the matters, of the aforesaid Act 1990, to the extent appeals of this (2) The assets of the Commission constituted under the and liabilities Commission Utilities Public from the coming into operation constituted under this Act.
Act 1990 shall be transferred, with effect of this Act, to the Commission (3) All contracts, deeds, overdrafts, bonds, guarantees, agreements which were subsisting or of this Act, and relating or other documents, before the corning into operation and liabilities under the Public Utilities Commission of the Public other instruments immediately to the assets constituted of full force and effect against constituted Commission effectually constituted Public named therein as if, instead under the Public Utilities Utilities Act l 990, shall be Utilities or in favour of the Public as fully and under this Act and be enforceable Utilities of the Public Commission Commission Act 1990, the under this Act had been Utilities constituted Commission or had been a party thereto.
Commission 43 A.O.

1999] PUBLIC UTILITIES COMMISSION [N o.

10 ( 4) All actions into or other proceedings commenced before the coming of this Act, for the enforcement which is transferred of any right by this Act to the Public under this Act, and to which the Public Utilities by or agoinst the operation asset or liability Commission Utilities Commission Utilities Public or other proceedings actions constituted under this Act, and such may be amended accordingly.
Act 1990 is a party, may be continued constituted Commission Commission constituted under the Public relating to any Utilities anything contained (5)Notwithstanding law or agreement, employed Public into operation Public Commission of this Act, shall Commission Utilities Utilities by the Public the appointments Utilities be continued constituted under this Act.
Commission Act 1990 immediately constituted before under the the coming in the employment of the in this Act or any other written of all the officers and employees Passed by the National 29th July, Assembly on 1999.

(BILL No.

12/1999) F.A.

Narain, Clerk of the National Assembly.