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BANGO Is The Sole Intervenor At Barbados Light And Power Hearing

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Posted by ROK on his Speaking up Blog

bango-logo-2007-bdocsYesterday I walked into the shock of my life, when upon entering the Procedural Conference leading up to this hearing, held at the Accra Beach Hotel at 9:30 a.m. on Tuesday 30th December 2008, the only name displayed on the Intervenor’s table was the Barbados Association of Non Governmental Organisations; not even Public Counsel.

On the table for the Barbados Light & Power Company was non other than the most formidable legal luminary one could want in Barbados, Sir Henry Forde. What? How will BANGO fear against him? Immediately, while sitting through the proceedings and trying to recover from the shock, my mind was racing; have to get a team together in the absence of other Intervenors.

I was informed that other persons submitted letters of Intervention but BANGO was the only one approved. Strange! However, BANGO is not a closed shop and we will take on board all the former Intervenors, if necessary, and any person who is willing to contribute to the proceedings.

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32 responses to “BANGO Is The Sole Intervenor At Barbados Light And Power Hearing”

  1. David Avatar
    David

    We wish you guys well and know that you will keep the BU family informed.

  2. Juris Avatar
    Juris

    ROK, it may be a Freudian slip, but you wondered how you will FEAR against Henry Forde. Don’t be afraid of him, ask around as to who are the best consumer lawyers in Barbados and you will FARE quite well if you can co-opt them onto your team.

  3. David Avatar
    David

    @Juris

    Since ROK is obviously under pressure performing his NGO duties why don’t you give him a shortlist of names. Even if there is some fear your recommendation could cause him to fare well against the old fox Sir Henry.

  4. ROK Avatar
    ROK

    Yes Juris

    Only you would have been so quick but it happens to the fingers sometimes… but how come you did not see the first slip? 2nd Paragraph, line 1.

    Must say thanks to you David, for helping us out here.

    Happy New Year!

  5. BWWR Avatar
    BWWR

    Short list of lawyers to take on Henry, alphabetically:

    Cecily Chase Q.C.
    Vernon Smith Q.C.

    If you get either of them, you will have no problem with Henry. He will be like a lamb.

  6. David Avatar
    David

    @BWWR

    …will they work pro bono?

  7. ROK Avatar
    ROK

    David, BWWR

    Our experience is that we need diverse skills and not another high-powered lawyer to pit against Sir Henry. The Attorney merely keeps guard but what is critical here is the evidence of expert witnesses and the experience of consumers using the service.

    If we can get all of that and no high-powered lawyer, we will win. That is why it is so important for people to come to the meeting.

    I must say that we have already been receiving some responses and commitments from persons to attend the meeting on Sunday. Looking good.

    @Juris
    This is not a knock on the lawyers but a lawyer has never won a case for me. Everything I ever won in court I had to win myself. Nowadays, I just don’t worry to seek an attorney.

    Furthermore, you would be surprised at what a layman can do once he knows what he wants and understands how to behave. This is my experience.

    For example, one morning a man on his way to court, came to me and asked me for a tip on how to conduct himself in court. He could not afford a lawyer but he just wanted a tip, he said. It took me by surprise but he felt that I had sufficient knowledge to help him out.

    There was no time to go through the case or anything like that, so I though to myself that this man would be lucky to come out on top. He thought he was charged with riding a motor cycle without the appropriate license; he had a car license.

    After some prodding from him, I told him that the only thing I can tell him is to answer the questions short, direct and do not volunteer any information or explanations. Would you believe that the man got off on a technicality?

    Whatever the charge written, when the magistrate found cause to ask him if he had a license, he said, “Yes Sir!” (Direct answer; full stop) and the prosecutor’s case went through the door.

  8. David Avatar
    David

    @ROK

    We are sure you covered this but have you tried to contact the resources the late Wendell McClean would have used at the PUB hearings?

    What about Ezra Alleyne as a resource? He would be familiar with this matter.

  9. ROK Avatar
    ROK

    David

    I have to admit that I did slip up in the procedural conference but there is still a chance to rectify.

    Now the Intervenors have been told that they can get legal guidance from Public Counsel. While there is no legal restriction on a choice of representation the deterrent is how that person would get paid.

    This matter should have been raised in the procedural conference. Our experience with the last hearing is that it was claimed that if C&W foot the bill, it would impact on the rate and that would defeat the purpose of keeping the rates down (they went up anyhow.)

    Hence the need for a fund, out of which expenses of the intervenors can be paid. This was not taken up by the last administration and there is no attempt to rectify it now.

    So it is not that we are averse to your suggestion, although Ezra is the type of person to come around and offer suggestions or advice/input. The problem is that we don’t have the resources and have to depend for the most part on volunteerism and the good nature of the professionals, while the company has all the assets to present its case.

  10. Juris Avatar
    Juris

    @ ROK, Alright then, but I can predict the outcome of this hearing. You are in a tribunal hearing and you don’t think you need legal skills? What do you do if it is suggesated that evidence you want to lead is not admissible since it has no probative value? Don’t be fooled by the episode you related. It sounds most unlikely and your friend was lucky. But if you don’t think you need a lawyer, then good luck.

  11. David Avatar
    David

    @ROK

    We followed this intervenors issue before and the public came away with the view that you guys were looking for a buck which was unfortunate. The PR by the intervenors possibly to blame?

    It seems incredible that the side to represent the people could have their case/presentation compromise for lack of resources. Further it seems ludicrous that the FTC would preside over such a matter given the glaring inequity in matters affecting the PEOPLE.

    What are we missing?

  12. ROK Avatar
    ROK

    @Juris

    You mis-understand me and I really don’t want to pursue that any further. Just to say that I don’t think it has to do with ability or poor legal skills, but the shortcomings of the profession as a fraternity.

    Of course we focus on the legal aspects and we did have witnesses in the last hearing. BANGO ended up with a legal bill of $12,000.00 even though we used Public Counsel heavily. Other intervenors ended up with legal bills too that exceeded ours.

    What I am trying to explain is that in the hearing itself, it is better for laymen who are familiar with the issues to present their cases, than for lawyers who are not familiar. It makes it more expensive too if you have to familiarise the attorney; even then, it can’t be efficient. How can you transfer all your knowledge and experience on a subject matter, in a brief?

    What is critical in the hearing is for legal representation to prevent procedural hurdles from effectively blocking evidence or participation in the process; generally deal with procedure.

    In any case, if you look at the legislation, it is clear that the intention is to hear from laymen and not from attorneys. As a matter of fact, the FTC was at pains to point out that it is a court with a difference. In using the term laymen, I include consumers, professionals and experts not versed in law.

    I agree that my friend was amazingly lucky… but if he had responded by telling the Magistrate that he did not have a license for a motorcycle, or simply said no, thinking that the magistrate meant a motorcycle, it would have been a different story???

  13. ROK Avatar
    ROK

    @David,

    This is one of the things we kept telling BARCRO. It looked as if we were looking for free money, when in truth and in fact, the lack of resources only served to compromise our cases and the fact that we ended up in debt (including BARCRO).

    Not sure if it was all bad PR though on our part. If so, I think we would have to apportion some blame to the media which preferred to run behind Malcolm Taitt for the sensation rather than delving into the issue.

    The fact that BANGO is there and that others did apply, is some indication that the pay is not the concern. Here we are again and even with the experience, we still did not raise it when the time came. This is not about personal gain at all, but the resources are necessary if you are to make a meaningful contribution.

  14. BAFBFP Avatar
    BAFBFP

    I have a real problem when a name like Sir Henry is used to pursue a undertaking that has him sitting on the other side of the interest of consumers. Damn these (ex) politicians who use the consumer/voter to gain considerable recognition and then represent opposing interests.

  15. Carson C. Cadogan Avatar
    Carson C. Cadogan

    OFF TOPIC

    POLICE COMPLAINTS AUTHORITY

    Attorney General Fruendel Stuart labelled the “PCA as dysfunctional and in need of immediate work to reduce public dissatisfaction.”

    This was back in September 2008.

    He continued,”There are a range of complaints; abuse of police power is the most frequent. Citizens are not happy with the way they are treated by the police when they come to execute search warrants or to investigate allegations of offences having been committed. There are also a few cases of police assaulting people and the complaints are diverse but quite within the competence of an authority chaired by a retired judge.”

    In September 2008 Stuart the PCA was ready.

    September 2008 came and went, nothing happened.
    October 2008 came and went, nothing happened.
    November 2008 came and went, nothing happened.
    December 2008 came and went, nothing happened.

    We are now in Jan. 2009, will it make a difference? We wait to see if what Stuart said in September 2008 was just empty words devoid of any substance whatsoever.

    There is absolutely no reason why it should not be finctioning, all the members are in place.

    I also noticed that at the recent Police High Command press conference no mention was made of when the PCA would get started by any member of the Police High command.. And no Bajan “journalist” asked the question.

  16. Genaral Lee Avatar
    Genaral Lee

    http://www.ftc.gov.bb/index.php?option=com_content&task=view&id=24&Itemid=52

    I am under the impression that this is not a rate hearing but if BL&P wins approval at this hearing then we can expect to see them applying for a rate increase later.

    http://bararchive.bits.baseview.com/archive_detail.php?archiveFile=2007/March/12/Business/34639.xml&start=0&numPer=20&keyword=BL+%26+amp%3BP&sectionSearch=&begindate=1%2F1%2F1994&enddate=12%2F31%2F2009&authorSearch=&IncludeStories=1&pubsection=&page=&IncludePages=1&IncludeImages=1&mode=allwords&archive_pubname=Daily+Nation%09%09%09

    http://bararchive.bits.baseview.com/archive_detail.php?archiveFile=2007/November/19/Business/48913.xml&start=20&numPer=20&keyword=BL+%26+amp%3BP&sectionSearch=&begindate=1%2F1%2F1994&enddate=12%2F31%2F2009&authorSearch=&IncludeStories=1&pubsection=&page=&IncludePages=1&IncludeImages=1&mode=allwords&archive_pubname=Daily+Nation%09%09%09

    This against the backdrop of BL&P “complaining” that demand for electricity is now at 1982 levels.

    http://bararchive.bits.baseview.com/archive_detail.php?archiveFile=2008/December/19/Editorial/70070.xml&start=0&numPer=20&keyword=BL+%26+amp%3BP&sectionSearch=&begindate=1%2F1%2F1994&enddate=12%2F31%2F2009&authorSearch=&IncludeStories=1&pubsection=&page=&IncludePages=1&IncludeImages=1&mode=allwords&archive_pubname=Daily+Nation%09%09%09

    Is there any other company in Barbados where a fixed rate of profit is guaranteed by the state?

    Sorry for the muliple links David and Happy New Year to you and all the BU family.

  17. ROK Avatar
    ROK

    General Lee

    It is not a rate hearing. It is an application to the regulator for the acceptance of a Depreciation Policy proposed by the BL&P.

  18. Genaral Lee Avatar
    Genaral Lee

    @ ROK

    Will this Deprecation Policy, when accepted by FTC, as we (I) pretty much expect, be used in future rate applications?
    How would an intervenor (hate that term) go about challenging the accounting principles of BL&P if they are not illegal and the company is presently employing said policy?
    I notice that BL&P reserves the right to deem certain information confidential (card up sleeve), how will you around this.
    Imho I think we should start preparing for the rate hearing that is sure to follow.
    I have little faith in the FTC.

  19. Chris Halsall Avatar
    Chris Halsall

    Please forgive me. I am a stranger in a strange land…

    I find it very interesting that intervenors could find themselves with massive legal bills. Are no lawyers willing to do what ROK and I (and et al) are about to do — donate our time, energy and expertise for the good of the many?

    What I am used to is lawyers *must* perform a certain number of hours of pro bono work per year in order to maintain their status as professionals.

    Are there not any lawyers out there willing to “fight the good fight?”.

    Or do we truly live in a land of exploitation?

    And, thusly, do we not have only ourselves to blame for where we find ourselves?

    Ah… The empirical….

  20. David Avatar
    David

    Here is the link to the BL&P application for depreciation – http://www.ftc.gov.bb/index.php?option=com_content&task=view&id=97&Itemid=2

    @Chris

    Lawyers and especially the high profile one will not dare confront BL&P because of the potential of loosing out on that potential source of fat cat business.

  21. Chris Halsall Avatar
    Chris Halsall

    @Juris… I agree with you completely…

    Anyone who enters any situation without legal counsel is a fool.

    However, a corollary: Anyone who lets their legal counsel dictate their decisions is an idiot.

  22. ROK Avatar
    ROK

    General Lee

    1. Once the policy is accepted, it will be used to calculate depreciation, which is a component of the rate.

    2. There are two sets of accounts; one for the purpose of regulation, which contains less components than the company’s accounts. For example, for regulation purposes, collection of VAT or deduction of income taxes are irrelevant. Each system has standards and we could only challenge if the company did not stick to the standard or if they were doing something that distorted the accounts.

    3. Matters claimed to be confidential can be challenged in court. This is part of the FTC process. In the last hearing they took the responsibility for cost of challenging confidentiality and we won. Then C&W took it to the appeal court and lost again.

    4. This hearing is part of preparing for the rate hearing.

  23. Chris Halsall Avatar
    Chris Halsall

    @David: “Lawyers and especially the high profile one will not dare confront BL&P because of the potential of loosing out on that potential source of fat cat business.

    And this is my fundamental point…

    If all we here in Barbados care about is our own personal upside (no matter how small the likelihood actually is), then we’re all screwed.

    And, we deserve to be!

    What did Jesus teach? Certainly not your above quoted posture!

  24. ROK Avatar
    ROK

    @David

    Actually, this is a link to the most important document, on which the proposed depreciation policy is based:
    http://www.ftc.gov.bb/library/2008-11-10_exhibit1_the_depreciation_study.pdf

  25. David Avatar
    David

    @Chris

    Sadly you are correct. The legal profession has functioned in Barbados under a law for itself. How can it be broken? God help us!

  26. ROK Avatar
    ROK

    This comes back to my point about teaching civics in schools. Too many people lose out because (as Chris said) they allow their legal representative to dictate their decisions.

    An attorney can only advise you. You must know what you want. Let the attorney advise you about how to get there, given the result you want.

  27. Genaral Lee Avatar
    Genaral Lee

    It is interesting that we elect and pay thirty representatives, out of at least sixty, who said they wanted to represent us, many of whom are Lawyers and we cannot look to them for assitance in matters of concern to consumers.
    Instead we have to depend on the goodwill of private citizens for representation.
    Tell me again, do we need politicians or do politicans need us?

  28. David Avatar
    David

    For what it is worth here is a link on BL&P matters. Not sure if BANGO has been following but seems an interesting perspective on the issue at hand.

    http://bajan.wordpress.com/2008/07/22/energy/#comment-48429

  29. ROK Avatar
    ROK

    @David

    Yes, saw the entry earlier. Immediately it reminded me of C&W and BARTEL as two different companies

  30. BWWR Avatar
    BWWR

    David // January 1, 2009 at 7:41 am

    They are both famous for working pro bono publico and they are the best Barbados has, pro bono or not.

  31. Adrian Hinds Avatar
    Adrian Hinds

    Why are people afraid of a lawyer? He has to work with the same laws and proceedures that all of us have to abide by. He may know his way around and over them better than us simply because it is craft day in and day out to know, but i will no be put off, because he has the advantage of experience and study.

    I am currently reading exhibit A (on page 6 thus far) of the applicants submission for a change in depreciation method.

    What is clear to me so far is that there seems to be a different method of depreciation that the FTA uses for rate hearings(brought over from the PUB) than what the BL&P uses for accounting purposes. The BL&P currently use “THE REMAINING LIFE METHOD” and the FTP/PUB uses the Whole life (average service life method)

    The whole life method would have been used in many rate hearings with Bartel and BET, isn’t there any notes on any of these hearings that we can look at, and probably use? I seem to remember there was a lot of talk about the telephone company using equipment that had exceeded it’s life under the whole life method, and certain cost like removal cost that is required under the WL method were overstated and could not be really known because the equipment was still in use.

    Does anyone know what method LIME currently uses for depreciation? and what method the FTA uses for Telecom rate hearings?

    back to reading……..

  32. BANGO Submits Response To BL&P’s Application For Depreciation Policy Hearing « Barbados Underground

    […] BANGO Is The Sole Intervenor At Barbados Light And Power Hearing […]

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