Attorney-at-law and intervenor in the upcoming Barbados Light & Power (BL&P) rate hearing, Tricia Watson is standing her ground that Government should withdraw the Electric Light and Power (Amendment) Bill 2022.
In a post on her Facebook page that was also made on the Barbados Parliament website earlier on Friday as the Lower Chamber debated the proposed legislation, Watson voiced concern that while the first version of the bill was “quietly withdrawn” and an amended version tabled on July 19 in response to objections raised, the Government had failed to truly listen.
She contended that there was no real improvement to the Bill which she said “works against the interest of all consumers and voters in Barbados and does not promote transparency and good governance”.
Watson had argued that the amendment curtails public involvement in the issuing of licences in the sector, which went against good governance and transparency.
The original section of the amendment at the centre of the controversy stated that “for the avoidance of doubt, nothing in this section entitles an interested party to have access to the application of any applicant for a licence”.
However, the amendment was subsequently changed to read: “Nothing in this section entitles an interested party to have access to information in the application of an applicant where: (a) the applicant requests, in accordance with subsection (7), that the information be kept confidential; and (b) the Minister, after consultation with the Committee, determines that there is merit in the request and grants the request”.
But Watson said the change was inconsequential.
“What was changed? An applicant for a licence can claim confidentiality of their application and the Minister can unilaterally, and without any discernible assessment process, grant confidentiality and prevent intervenors from having access to the application. An intervenor will have no say in whether confidentiality should be granted. How will that work?” she argued.
“All that an applicant for a licence has to do is to claim confidentiality. That’s it. That is no improvement. That is a sleight of hand and an insult to our intelligence,” added Watson who has specialised in utility regulation and regulatory law for 25 years.
While Minister of Energy Kerry Symmonds was at pains to point out in the House of Assembly on Friday that the Electric Light and Power (Amendment) Bill facilitates intervenors and objectors, and ensures fairness on all sides, Watson, a former advisor to Government in its licence negotiations with the BL&P, underscored that the Bill was flawed because it failed to establish a regulatory framework for assessing licence applications and granting licences to big electricity producers in Barbados.
“This Bill does not establish an objective and non-discriminatory procedure for interventions in the licensing process for utility-scale electricity in Barbados,” she explained.
“Applicants for utility-scale projects are not even required to give the date of the first publication of their notice of application even though you are only given 28 days from the date of first publication to file your intervention.”
Watson insisted that Barbadians have every reason to protest the Bill, warning them that they will have no say in the island’s electricity sector which is worth $3.9 billion annually.
“You will pay for the electricity sold by the big electricity producers that are applying for electricity licences even now, and whom this bill is intended to protect. Our electricity prices will remain high because the Government’s focus is on investments, not on us,” she said.
Watson urged Minister Symmonds to offer Barbadians new, modern comprehensive electricity legislation that works in the country’s interests.
“What we need is an electricity law that will set rules for the power producers that will supply our electricity. What we need is a new electricity law that will promote transparency, effectiveness, inclusion, consultation and benefits for all Barbadians. We need a new electricity law that will facilitate secure and consistent supply of electricity to consumers, at affordable rates. That is not where we are headed,” Watson insisted. (BT)
