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PUBLIC NOTICE
BARBADOS LIGHT & POWER COMPANY LIMITED'S NOTICE OF MOTION FOR REVIEW AND VARIATION OF THE COMMISSION'S DECISION ON THE APPLICATION FOR REVIEW OF ELECTRICITY RATES DATED FEBRUARY 15, 2023
BARBADOS
DOCUMENT NO: FTCUR/BLPCMTNRVDEC 01/2023-20230307
IN THE MATTER of the Fair Trading Commission Act, CAP.326B of the Laws of Barbados;
AND IN THE MATTER of the Utilities Regulation Act, CAP. 282 of the Laws of Barbados;
AND IN THE MATTER of the Utilities Regulation (Procedural) Rules, 2003 and the Utilities Regulation (Procedural) (Amendment) Rules, 2009;
AND IN THE MATTER of the Application dated September 30, 2021 by the Barbados Light & Power Company Limited for a Review of Electricity Rates;
AND IN THE MATTER of the Decision of the Fair Trading Commission dated February 15, 2023 on the Application.
NOTICE IS HEREBY GIVEN that The Barbados Light & Power Company Limited (‘the Applicant') by a Notice of Motion dated and filed on the 7th day of March, 2023, applied for a Review and Variation of the Commission's Decision on its Application for Review of Electricity Rates.
The Applicant seeks the following orders, inter alia:
i. That pursuant to Rule 55(1) of the Utilities Regulation (Procedural) Rules, 2003, as amended, ('URPR'), the Motion and grounds upon which it is made meet the threshold test and that the Commission should review the Decision.
ii. That pursuant to Section 36 of the Fair Trading Commission Act (‘FTCA'), that the Decision is varied in part, so that the Applicant is no longer required to, inter alia:
a. Retroactively record 50% of its 2019 income tax gain as a regulatory liability and amortize the liability over a fifteen year period;
b. Retroactively establish a record of $99.5 million in a regulatory liability account, to first deploy the monies recorded in the regulatory liability account in the event of a covered catastrophic event and to refund to customers the Self Insurance Fund (‘SIF') amounts withdrawn that are not re-deposited into the SIF over a 30-year amortization period as a reduction to insurance expense that shall be shown as a separately identifiable amount for regulatory reporting purposes;
iii. That pursuant to Section 36 FTCA the Decision is varied so that the Test Year is updated to 2022 in its entirety, including non-depreciation expenses and construction work in progress; and
iv. That pursuant to Section 36 FTCA the Decision is varied so that a financial capital structure of Equity 65% and Debt 35% is used for rate making purposes in the determination of the rate of return.
Motion to Review
• The Commission has determined in accordance with Rule 55(3) URPR that it will hold a consolidated hearing, to decide both the threshold question and the substantive Application at the same time. The threshold question seeks to determine whether the Applicant has established, on a prima facie basis, the existence of grounds for review or whether there is reason to believe the Order should be rescinded or varied.
• In accordance with Rule 36 URPR the Commission has determined that the Motion will be disposed of by way of an Oral Hearing.
Request for Stay of Decision
• Pursuant to Rule 54(1) URPR, the Applicant has also requested that the implementation of the Decision be immediately delayed and interim rates continue until the determination of the Motion for Review and Variation is made by the Commission.
• The parties to this matter are the Applicant and the Intervenors in the Application by the Applicant for Review of Electricity Rates, No. FTC-01/2021-BL&P-RRA-20211004. The parties will be given the opportunity to file submissions in relation to the request for a Stay and on the Motion to Review.
A copy of the Commission's decision dated February 15, 2023, the Barbados Light and Power Company Limited's Motion to Review and Affidavit in support dated and filed March 7, 2023 can be accessed on the Commission's website at www.ftc.gov.bb
The full Motion can be accessed here.
Dated this 17th day of March, 2023
Kevin K. D. Webster
General Legal Counsel/
Commission Secretary
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Utility Regulation 
