PUC orders expedited two‑week window for motions to intervene in Huku Power Plant payment dispute

The Guam Public Utilities Commission on May 21 set an expedited schedule for motions to intervene in GPA docket 2610, a petition by the Guam Power Authority to amend the Huku Power Plant energy conversion agreement (ECA) to permit payment for additional testing.

PUC legal counsel Anthony told commissioners that Rule 8 requires a petition to intervene to be filed at least five days before a hearing and to "clearly and concisely" state the facts and grounds supporting intervention. He said Ducson's supplemental opposition and related filings raised procurement and contract issues but did not articulate the legal right to enforce the ECA between GPA and GUP and were therefore procedurally defective as currently filed.

"In this case . . . they do not clearly state what right, if any, they have to enforce those provisions," Anthony said, recommending either rejecting the filings as defective or issuing a scheduling order to let parties file proper motions to intervene.

Maryanne Willishek, representing GPA, told the Commission that amendment number one to the ECA already obligates GPA to accept test energy during the pre‑operational period and that the proposed amendment number two merely sets the dollar amount for that additional testing. "There is an agreement in place," she said, adding that the amendment was intended to benefit ratepayers by avoiding load shedding during testing.

Commissioners discussed a practical risk raised by counsel: if the PUC authorized payment now and Ducson later prevailed in a separate court action, GPA could face additional liability. Commissioners also pressed GPA on why Ducson's government claim asked for $11.3 million while GPA's amendment covered roughly $6.1 million.

The PUC balanced those concerns by adopting a procedural path: rather than immediately exclude Ducson, commissioners directed staff to craft a scheduling order requiring motions to intervene within two weeks and answers two weeks after that, with a hearing to follow. Commissioner Peter moved the scheduling order; Commissioner Joe seconded and the motion carried unanimously.

The scheduling order directs counsel to set filing deadlines and an early hearing date so the Commission can decide whether to allow parties, including GUP and Ducson, to participate formally in the docket. If the Commission grants intervention, petitioners may file additional pleadings on the ECA amendment and the Commission will consider them alongside GPA's petition.

Next steps: the PUC staff will prepare the scheduling order and circulate deadlines; if proper motions are filed, the Commission will hold a hearing to grant or deny intervention before considering the merits of amendment two.