The Public Services
Commission has been assigned broad and substantial authority
in regard to the regulation of utilities in the Virgin
Islands by the Legislature. That jurisdiction includes all
parties providing electrical or water supply service, and
further provide that all public utilities are required “to
furnish service and facilities reasonably safe and adequate
and in all respects just and reasonable.” 30 V.I.C. § 2.
The Commission’s authority is to be liberally construed to
effect its purposes. 30 V.I.C. § 41.
The Virgin Islands Water and
Power Authority’s purpose is to furnish water supply and
electric power services. While WAPA was originally created
to operate solely under the control of its board, including
setting its own rates, the Legislature subsequently placed
WAPA within the jurisdiction of the Commission. The
Attorney General of the Virgin Islands formally opined that
Act of July 11, 1973, No. 3460, Sess. L. 1973, p. 164, put
the Virgin Islands Water and Power Authority under the
jurisdiction of the Public Service Commission when it fixes
utility rates. 7 V.I.Op.A.G. 196. The Legislature has
directed that the Commission shall have “power to determine
and by order fix and order to be substituted therefor such
rate or rates, charges, or schedules as shall be just and
reasonable.” 30 VIC § 23. The PSC is required by law to
review those charges and services no less than every five
years.
In
addition, consumers who dispute the billings of WAPA may
dispute the billing without risking termination of service
for non-payment by depositing the disputed sum with the
Public Services Commission until the dispute is resolved by
the Commission. The Commission’s complaint forms
and a description of the
complaint process is available on this website. Any appeal of a Public Services
Commission decision must be filed with the Superior Court