Commission seeks last-minute intervention in rate hike court battle

T

he Financial Services Commission (FSC) has entered the high-stakes electricity rate review trial, forcing the Supreme Court to postpone proceedings after filing an urgent last-minute application to intervene in the case between Barbados Light and Power and the Fair Trading Commission (FTC).

The case, originally set to begin on Tuesday in the No. 10 Supreme Court before Justice Barry Carrington, was halted when the FSC submitted an application on Monday, just hours before the hearing was scheduled to begin. Justice Carrington expressed clear frustration with the timing, telling Senior Counsel Garth Patterson: “I am not satisfied with how this matter was dealt with by your client.”

The FSC’s intervention centres on the BL&P’s Self Insurance Fund (SIF), a financial mechanism exclusively regulated by the FSC. Patterson argued that several orders made by the FTC during the rate hearing potentially encroached on the commission’s regulatory jurisdiction.

Recognising the complexity of the legal manoeuvre, the court’s presiding judge noted significant logistical challenges in rescheduling. Justice Carrington warned that finding new trial dates would be difficult, given the court’s already crowded 2025 calendar.

The legal teams representing Light & Power, FTC, and intervenors requested additional time to consider the FSC’s application. They have agreed to file and exchange written submissions by 20 January, after which the court will determine its next steps.

Prominent legal figures are involved in the proceedings. King Counsel Ramon Alleyne represents Light & Power, while King’s Counsels Alrick Scott and Roger Forde lead the FTC’s legal team.Intervenor Ricardo Went was represented by King’s Counsels Hal Gollop and Ralph Thorne. The other intervenor, former Senator and attorney at law Tricia Watson was absent from the proceedings due to illness. 

(JB)

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