WAPA Wins Summary Judgment Against Ratepayers

A federal judge this week ruled in favor of the V.I. Water and Power Authority on the sole remaining count in a lawsuit filed by residents and businesses who complained of exorbitant electric bills caused in part by the failed advanced metering infrastructure system implemented by contractors Itron and Tantalus a decade ago.

“Because the record shows VIWAPA had constitutionally adequate procedures for customers to dispute their bills and Plaintiffs neither availed themselves of those procedures nor produced admissible evidence that the procedures were inadequate, VIWAPA is entitled to summary judgment,” Judge Juan Sanchez wrote in an opinion filed in U.S. District Court Monday.

Ratepayers first took the utility and both contractors to court in 2021 and alleged that after the “smart grid” system was installed, WAPA billed them for electricity they never used. One plaintiff claimed that they were billed for thousands of dollars despite being out of town. Others claimed that WAPA threatened to disconnect their power when they disputed charges. Plaintiff Johann Clendinen, a six-year member and former chair of the V.I. Public Services Commission, claimed he was “beset” by Virgin Islanders who complained of overbilling and opaque customer service practices.

“From 2016, Clendinen knew the system was not working for him personally and for others,” according to the complaint. “As the PSC Commissioner, he could not obtain a straight answer or obtain relief for overbilling, on his personal behalf or for others.”