GOVERNMENT OF THE VIRGIN ISLANDS

OF THE

UNITED STATES



PUBLIC SERVICES COMMISSION



IN RE: ) Docket No. 609



) Order No. 25/2012

RELEASE OF ESCROW FUNDS )

FOR BILLING DISPUTES )

RELATED TO THE WATER )

AND POWER AUTHORITY )



)



ORDER



WHEREAS, pursuant to the PSC’s enabling statues codified in Title 30 of the Virgin

Islands Code, and based upon the Rules and Regulations of the Water and Power Authority

(hereinafter “WAPA” or “Authority”), it was the practice and policy of the PSC to oversee the

settlement of customer disputes for billing and service issues; and



WHEREAS, pending resolution of such disputes, the Commission required rate payers

to pay to the Authority the amount of their bill that was not contested, and deposit the disputed

balance in an escrow account established by the PSC; and



WHEREAS, on March 26, 2012, in the case of PSC v. the Virgin Islands Water and

Power Authority, Supreme Court Civil No. 2001-0010, the Virgin Islands Supreme Court held

that the Virgin Islands Public Services Commission (hereinafter “Commission” or “PSC”) lacked

jurisdiction to resolve billing complaints between the Authority and its customers; and



WHEREAS, on May 8, 2012, the Commission met in Regular Session at the

Commission’s Conference Room located at 1003 Estate Ross/Barbel Plaza, Suite #4, St.

Thomas, Virgin Islands; and



WHEREAS, in order to comply with the Supreme Court’s March 26, 2012, decision, the

Commission voted to return all funds held in escrow relating to billing and service disputes

between the Authority and its customers, to the customers it had collected said funds; and