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COMMISSION GRANTS STAY OF IMPLEMENTATION OF PART III
OF ESD DECISION
The Fair Trading Commission has granted a stay of the implementation of part III of its Decision on the Barbados Light & Power Company Limited’s (BL&P) Application to recover the costs of the 5MW Energy Storage Device (ESD) through the Fuel Clause Adjustment.
Following the Commission’s issuance of the Decision in April 2018, the BL&P filed a Motion for a review and variation of item (iii) of the Decision, where the Commission determined that the BL&P must pursue a heat rate maintenance/improvement programme, based on specific targets.
The BL&P also applied for a stay of implementation of the Decision and the Commission, in addition to granting the stay of implementation, will commence a review of its Decision to address these matters.
The Commission’s Decision on BL&P’s Application for a Stay of Item (III) – Implementation of Heat Rate Targets – of the Commission’s Decision dated April 13, 2018 may be accessed here; the Order may be accessed here; and the official notice may be viewed below.
September 17, 2018
NOTICE OF MOTION TO REVIEW AND VARY
THE ESD DECISION OF THE FAIR TRADING COMMISSION
BARBADOS
DOCUMENT NO.: FTCUR/DECESD/BL&P-2018-02
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 an Application by the Barbados Light & Power Company Limited for a review and variation of the Decision of the Fair Trading Commission dated April 13, 2018 on the Application to recover the costs of the 5MW Energy Storage Device (ESD) through the Fuel Clause Adjustment (FCA).
THE FAIR TRADING COMMISSION (COMMISSION) GIVES NOTICE that: The Barbados Light & Power Company Limited (Applicant) by a Notice of Motion dated and filed on the 18th day of May 2018, applied for a review and variation of the Commission’s Decision on the Application to recover the costs of the 5MW ESD though the FCA. This motion seeks to review and vary the approach used by the Commission in relation to the ascribed heat rate targets and failure to cap the penalty or reward. The Applicant also sought a delay in the implementation of the heat rate targets.
After assessing the Applicant’s submission the Commission has granted the delay pending its determination of the Motion to Review the Decision. The Commission has determined that it will conduct this matter as a written hearing pursuant to Rule 37 of the Utilities Regulation (Procedural) Rules, 2003 to determine the threshold question and a review on the merits.
The parties to this matter are the Applicant and the participants of the July 11, 2017 Application to recover the cost of the ESD through the FCA. They will be given the opportunity to file submissions in relation to the Motion to Review.
Dated the 17th day of September, 2018
Kevin K.D. Webster
Senior Legal Officer
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Fair Competition 
