Stanley lets go of PUTC post

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Posted on Apr 24 2008
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Rep. Stanley Torres resigned yesterday as a member of the House committee on public utilities to avoid any possible conflict of interest with his planned appeal of a court decision concerning the Commonwealth Utilities Corp.

“Because I was recently selected to serve on the committee that has oversight responsibilities of CUC, I want to avoid any possible conflict of interests and so I resign from PUTC,” said Torres, who had previously quit as chairman of the House Committee on Public Utilities, Transportation and Communications.

Torres, along with his staff member Jack Angello, is questioning the legality of Gov. Benigno R. Fitial’s executive order that led to the revision of the electric rate structure in the Commonwealth.

CUC administrative hearing officer Linn Asper had determined that the governor’s reorganization order was unconstitutional as it violated the doctrine of separation of powers. But last week, Associate Judge David A. Wiseman reversed Asper’s ruling.

Torres announced yesterday that he had instructed his legal counsel to appeal Wiseman’s decision.

He maintained that seven judges—including three from the U.S. Court of Appeals, three from the CNMI Supreme Court, and Asper—had concluded that the governor’s power to reorganize government functions and duties through executive power is limited, and that a governor cannot enact legislation or amend existing law.

“The Constitution allows a governor to reorganize the executive branch, but only the CNMI Legislature is authorized to pass or amend laws. The governor amended the laws and allowed CUC to charge an illegal rate—and that was wrong,” said Torres.

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