High Court nixes intervenors’ request for Light & Power disclosures in rate review

The High Court rejected a bid by intervenors representing the public interest to compel the Barbados Light and Power Company (BLPC) to disclose crucial financial information amid the ongoing rate review case, a development that leaves key questions unresolved ahead of the company’s appeal hearing next month.

Ricky Went, who led a team of intervenors seeking the disclosures, said afterwards that, though disappointed, they respect the court’s decision.

“The public’s interest is key for the intervenors,” Went told Barbados TODAY, adding that applying for a judicial review at this late stage is not practical, when one considers that the trial for the BLPC’s appeal against the Fair Trading Commission’s February 15, 2023 rate decision is set for December 2 and 3.

The intervenors had asked the court to rule on their request for the FTC to compel the power company to provide them, in the ongoing rate review proceedings, with the key financial reports.

The intervenors argue that before the FTC gives its final ruling — considering the utility’s appeal before the High Court — 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 ten years.

They said: “It is, therefore, critical 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.”

The FTC insisted 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.

But 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 Light & Power.

emmanueljoseph@barbadostoday.bb