When the Barbados Light and Power Company Limited (BL&P or Applicant) applied to the Fair Trading Commission for a review of electricity rates, the Commission in addition to advising the public about the rate application invited persons who were interested in participating in the rate review process to apply to be an intervenor.
Nine intervenors have been accepted by the Commission. These include
the Barbados Association of Non-Governmental Organisations (BANGO) and
the Barbados Consumer Research Organisation Inc. (BARCRO), who are
representing consumers in general as well as several nongovernmental
organisations. Their interests relate primarily to the level of rate
increases, its effects on consumers, and the overall performance and
capital structure of the BL&P.
Focusing on specific interest groups are intervenors Barbados
Association of Retired Persons (BARP) and Barbados Small Business
Association (SBA). BARP has a membership of over 21,000 members who are
over 50 years old and has indicated that its concern relates to the
effect of the rate changes on senior citizens who are no longer
employed and living on a pension. A large percentage of the membership
of the SBA is micro business organisations who operate from their
residence. The SBA is concerned with the level and allocation of the
proposed rate of return for the different categories of services.
Intervenors may also be businesses, as in the case of Canbar
Technical Services Ltd. and Sentinel Group Caribbean Inc. These two
commercial entities have expressed that their specific interest is
demand metering and net-metering/feed-in tariffs, respectively.
The remaining three intervenors are individuals – Mr. Errol Niles, Mr.
Douglas Trotman (both attorneys-at-law) and Dr. Roland Clarke. While
Mr. Niles’ interest as a commercial customer relates to the pricing
process, Mr. Trotman’s indicates that he will be focussed on the
economic effect of the increase on the domestic customer. Dr. Clarke,
who specialises in the area of energy management and renewable energy,
has concerns related to the proposed renewable energy rider. Mr. Olson
Robertson had also been accepted as an intervenor but has subsequently
withdrawn due to prior commitments.
It is therefore pleasing that such a wide cross-section of the
society will be represented by the intervenors. Public Counsel also
plays a vital role especially in relation to the intervenors. As an
attorney-at-law, he is there to give legal advice on the issues that
would arise in relation to a rate review process. The Utilities
Regulation Act states that Public Counsel shall assist consumers and
would-be intervenors, with preparing and presenting their case before
the Commission. He can advise consumers on the legal issues that would
arise under any proceeding. In this hearing BARP and SBA have advised
the Commission that Public Counsel will be one of their
representatives.
All of the parties above have advised the Commission in their
letters of intervention of the level of participation that they want to
have in the rate review process. The various levels of participation
are described in the Utility Regulation (Procedural) Rules. For example
an intervenor may wish to cross-examine the applicant’s witnesses, or
to file interrogatories (written questions seeking clarification or
explanation) with the Commission for the Applicant to respond to. The
intervenors may also wish to request certain information of the company
which may help them to analyse the information or to only enter a
submissions on a particular issue, for example demand metering.
Intervenors assist the Commission by challenging the Applicant from
different angles or points of view to the case.
These intervenors are given all of the documentation related to the
process. The Commission tries to ensure transparency by providing every
person who is a party to the hearing, including the public with access
to the information (unless confidential) that was submitted by the
Applicant and the intervenors.
In order to facilitate the smooth management of the rate hearing the
Commission will be identifying a list of issues that will be relevant
to the determination of the BL&P rate application. This process
will involve both the Applicant and the intervenors. By identifying the
issues and focussing on them, time will not be spent on matters which,
though of interest to a party, will not assist the Commission in making
its decision. Instead the proceedings will be focused and the Hearing
will be concluded in a reasonable time.
If you have any questions, email us at
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or call us at
246-424-0260. We can also be contacted at our offices at ‘Good Hope’,
Green Hill, St. Michael, Barbados.
|