The Fair Trading Commission (FTC) has been taken to court over its refusal to compel the Barbados Light and Power Company (BLPC) to provide intervenors in the ongoing rate review proceedings with key financial reports.
The legal action was recently filed in the High Court by Hal Gollop, KC, on behalf of veteran intervenor Ricky Went and his team, who are asking the bench to rule on the dispute where the utility regulator and intervenors hold strong opposing positions on release of the requested information.
The FTC contends that the process is concluded by the issuance of its decision of February 15, 2023, and that it will therefore not mandate BLPC to provide the documents or information sought.
However, the intervenors disagree with the FTC that the proceedings are closed, but agree with the commission that as per URR [Utilities Regulations Rules] 31(I), all approved intervenors are permitted to request information or particulars relevant to the proceedings from BLPC.
According to the court filings, “the broad issue that arises for consideration before this honourable court in determining the application, is whether the interest of justice requires the intervenors, who are the public representatives, ought to be given pertinent information which has not been already made available in the proceedings since BLPC filed its rate review application in October 2021.
“ln considering this fundamental issue, which will not only be of major significance to the current case, but also all future rate proceedings, the Court is respectfully asked to:
(a) first consider the applicant’s contention that current proceedings should not be regarded by the FTC as closed for reasons set out; and
(b) should it be determined the FTC’s position is sound, then notwithstanding such a ruling, that the documents or information requested from BLPC through the FTC, are relevant to the appeal and must be provided.”
The intervenors argue that before the FTC gives its final ruling – considering a BLPC appeal before the High Court against the utility regulator’s February 15, 2023 rate decision – it is necessary to closely analyse the electric company’s revenue requirement and rate base, especially since rate proceedings are not normally held within five to 10 years.
“It is therefore critical,” the intervenors contended, “that every party in the proceedings gets the opportunity to assess the impact on ratepayers prior to a final ruling. Intervenors who represent the public interest are critical to ensure the trust and confidence remain in the regulatory process.”
Through its attorney Alrick Scott, SC, the FTC reiterated that it would not honour the request, arguing there was no statutory obligation to order the release of the reports.
“The FTC will not mandate the BLPC to provide the information or documents set out in your letter for the reasons given above, unless you can provide a clear statutory basis (and I have seen none) for your request,” wrote Scott in a recent letter to Gollop.
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