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ftcBack in May 2009 we underscored the The Important Role Of The Intervenor At FTC Hearings as advocates for the PEOPLE. The fact they are not paid and are expected to engage corporate entities with significantly more resources makes the Intervenors heroes in our eyes.

The long awaited BL&P Hearings under the aegis of the Fair Trading Commission commences tomorrow (2009.10.07), from 9.30AM at the Lloyd Erskine Sandiford Centre.  The Hearing is expected to continue week-days until 2009.10.23.

The Intervenors are:

– Barbados Association of Retired Persons Inc.

– Barbados Small Business Association

– Barbados Association of Non-Governmental Organisations (BANGO)

– Barbados Consumers Research Organisation Inc.

– Dr. Roland R. Clarke.

– Mr. Errol Niles.

– Mr. Douglas Trotman.

– Canbar Technical Services Ltd.

– Sentinel Group Caribbean Inc.

BANGO has promised to record the hearings as is practicable and make available for the PEOPLE for following. We wish all of the Intervenors the very best. Many of us talk but few are forced to act.

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199 responses to “The Barbados Light & Power Rate Hearing Commences”

  1. David Avatar
    David

    @Chris

    We concede, carry on smartly.

  2. BAFBFP Avatar
    BAFBFP

    The more I think about it the more I realise that we are educating a bunch of non-functionaries in this land of ours. Sure Chris criticizes me for *not doing* but the University spits out between ten and twenty Bajan lawyers every year. There are damned near a thousand lawyers operating in Barbados today of which there are only two whose voices can be heard on the floor of the hearing:- one is a traditional Black prostitute to big business and the other got caught with his hands in the cookie jar a years back. Jeff Cumberbatch got bare time tah talk ‘bout everyt’ing else under the sun, so to does every other Cave Hill academic (save Mascoll and a handful of others). What is the point of paying these people from the public’s purse to be educated if they do not serve in the publics good? Well awight they teach and stuff…

  3. ROK Avatar
    ROK

    Nothing but silence today on http://www.ustream.tv/channel/ngo-news . Oh yes, guys, conspiracy theory is out so let me report the facts.

    Today I arrived at the FTC hearing to find the witness table pushed back into the space I was occupying to stream the hearing. Seeing this, I thought it may have been a genuine mistake by Sherbourne Staff.

    I nevertheless proceeded to set up and after booting up the computer realised that there was no internet connectivity. A short check revealed that certain laptops were logged on but certain other, for example the intervenors, had no connectivity.

    Another short check with Sherbourne staff revealed that there was a request to secure the internet. I went back inside, pulled down the equipment and took my seat on the intervenors’ side. Of course that was not without protest.

    However, I got together with one intervenor who agreed to pay for the service which was to be delivered in the post lunch session. The wiring was certainly delivered but no interent.

    I leave you to work out what happened there. As far as I am concerned, there was a plot to shut down BANGO’s stream and it worked. Of course both the FTC and BL&P denied taking such action.

    However, to the 114 viewers who were last online on Friday watching the stream, I humbly apologise for not having been able to stream today because of what was beyond my control. Having ordered the internet service, we hope not to disappoint tomorrow.

  4. David Avatar
    David

    @ROK

    Please tell us your last comment is not true.

    Why would anyone block streaming of the event?

    Is it the session is being held incamera?

    Is it not an inquiry being conducted in the interest of the PEOPLE?

    Are we living in Barbados, DEMOCRACY?

  5. Christopher Halsall Avatar
    Christopher Halsall

    You all know the routine…

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_9_20091019_1_of_3.wma

    The “leading questioning” by BL&P’s council of Mr. Michael O’Sheasy. The cross examination by Mr. Mascoll.

  6. Christopher Halsall Avatar
    Christopher Halsall

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_9_20091019_2_of_3.wma

    The continued cross examination by Mr. Mascoll…

  7. Christopher Halsall Avatar
    Christopher Halsall

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_9_20091019_3_of_3.wma

    The continued cross examination by Mr. Mascoll, and then the cross examination of Mr. O’Sheasy by Mr. John Campbell of the Barbados Association of Retired Persons.

  8. Christopher Halsall Avatar
    Christopher Halsall

    Further to ROKs comments above, please let me add:

    1. Even though the Sherbourne “technical” staff came in to assist with Internet access during the lunch break, “hard-wiring” everyone, Internet was still not available. LIME were blamed. (Two LIME vans were parked outside the building for most of the day (in reserved locations, I might add).)

    2. Running a “speed-test” on Friday, ROK and I empirically determined that the Internet connectivity out of Sherbourne is worse than the cheapest consumer-grade ADSL available here in Barbados.

    3. Please note that even after another reminder to the FTC staff, and yet another promise (and yet another business card provided with my e-mail address), I have *still* not received electronic copies of any transcripts.

    Things which *might* make you go “Hmmmm…”.

  9. ROK Avatar
    ROK

    @David

    We live in a country where the culture is steeped in deprivation. The deprivation of one individual by another. I was so relieved to hear Undine Whittaker on TV last night and also Kirk Humphrey, complaining about how poor people are treated by Social Workers, because I didn’t think that people believed me when I related it.

    We suffer from imposing value judgments on others and don’t understand that when we allow this and practice it, soon it will catch up on us and one day when such things happen, it turns out relatively dread.

    Why do we do it? Why do we attribute bad things to people? It turns into self fulled prophesy. You are expected to fail, so you fail. One of the problems I have with religion is that it starts out with this notion that we are all sinners by nature.

    These are things that need turning around. It smacks of a master trying to control his slaves by telling them that they are nothing, even when they are good.

    We have to declare the truth and say that man is good by nature; boy, would we turn around a lot of the foolishness that we do to ourselves. It is like suicide or genocide. How much different are we from the Rwandans when they went through that period of genocide? The only difference is that we have not gone the full distance but we massacre one another everyday; our psyche is seriously damaged.

    We thrive on the deprivation of others. It is the middle and upper class thing to do and the lower classes, aspiring to be middle and upper class, do it to themselves too. So it pervades the society and our poor people feel it the most; they are the footballs in the game. He who feels it knows it.

  10. BAFBFP Avatar
    BAFBFP

    Deprivation? A topic for David to consider. The current account in Barbados is serviced in the main through sale of Bajan land to foreigners (at least for the past few years). This money is spent to service the needs of those who could afford expensive imports and overseas travel. This ability to afford comes from the exploiting of Barbadians as consumers and as members of a work force, followed by the necessity to approach the Central Bank for the same foreign money that is derived from the sale of land (and of course the exploiting of the Barbadian work force on the cheap). The current account is now down to two months of import cover. Overseas travel by public and private citizens will continue unabated and in a short while the PM will make his regular call for Barbadians to “Produce More”, with no consideration to what it is that we should be producing or how we are to get said products sold! No sorry ROK this is not deprivation, this is Depravity…!

  11. BAFBFP Avatar
    BAFBFP

    David you don ‘t want tah make the above two comments topics for discussion?

  12. Christopher Halsall Avatar
    Christopher Halsall

    Day 10…

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_10_20091020_1_of_3.wma

    Mr. O’Sheasy being cross examined by Mr. Gibbs-Taitt, then Mr. Toft, then Mr. King (ROK) then Mr. Halsall (me).

  13. Christopher Halsall Avatar
    Christopher Halsall

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_10_20091020_2_of_3.wma

    Mr. O’Sheasy cross examination by Mr. Trotman, then Mr. Niles, and then Commissioners Mr. Hazzard and Mr. Brathwaite.

  14. Christopher Halsall Avatar
    Christopher Halsall

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_10_20091020_3_of_3.wma

    The insertion of Mr. Stephen Worme into the witness stand. The lead questioning by BL&P’s council.

    Then cross examination by Mr. Mascoll.

  15. Christopher Halsall Avatar
    Christopher Halsall

    @All…

    After yet another reminder to the FTC staff this morning, they finally e-mailed me (in .DOC (read: Microsoft Word) format) the electronic versions of the transcripts for Days 1 through 4 this morning at 0858 Barbados time.

    They e-mailed me the electronic version for Day 5 at 1318 Barbados time.

    I have converted these from .DOC format into PDF, using OpenOffice, and translated the file names into my (normalized) name space.

    I have made *no* other alterations.

    Please see:

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_1_20091007_transcript.pdf
    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_2_20091008_transcript.pdf
    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_3_20091009_transcript.pdf
    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_4_20091012_transcript.pdf
    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_5_20091013_transcript.pdf

    To give the FTC credit, they have provided searchable documents, as opposed to scanned versions of documents which would require Optical Character Recognition (OCR) processing before being searchable.

    I sincerely hope that this level of openness and transparency can continue. And perhaps even be expanded….

  16. Christopher Halsall Avatar
    Christopher Halsall

    @David…

    @All…

    I just submitted a comment with five (5#) URL links to PDFs of the transcripts provided by the FTC.

    @David… This is probably in your spam bucket…

    Could you please release this ASAP?

    Thanks.

  17. Christopher Halsall Avatar
    Christopher Halsall

    Earth calling David… Please respond David…

    @All: Please see, for example:

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_2_20091008_transcript.pdf

    Those clever will be able to derive the URLs for the four other days finally provided by the FTC….

  18. Christopher Halsall Avatar
    Christopher Halsall

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_11_20091021_1_of_3.wma

  19. Christopher Halsall Avatar
    Christopher Halsall

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_11_20091021_2_of_3.wma

  20. Christopher Halsall Avatar
    Christopher Halsall

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_11_20091021_3_of_3.wma

    The afternoon session was occupied by BANGO.

    ROK was shot down by the Chairman. Douglas Skeete did his usual magic, although he was handicapped by not being in attendance in the morning.

    The last part of the recording is Mr. Halsall (me). I’m not sure if what I said will be taken into consideration, but I did demonstrate how the 16000 customers using 100 kwh per month or less (i.e. those most economically disadvantaged) could reasonable see effectively no increase as a result of this review, if the reasonably expected future revenue from third party pole attachers was taken into consideration.

    (Note: this is *entirely* separate from the “lost opportunity” for revenue from pole attachers — one of which is C&W, the other of which is an associated company of BL&P.)

  21. Christopher Halsall Avatar
    Christopher Halsall

    The transcript for Day 6 (2009.10.14) as provided to me in electronic format this morning at 2009.10.21.0838.

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_6_20091014_transcript.pdf

  22. BAFBFP Avatar
    BAFBFP

    Halsall I believe you have alligator blood in you. When you get stuck into something you don’ let go… Fah me that’s a good thing pal… keep em coming..!

  23. ROK Avatar
    ROK

    To me, today turned out to be an eye opener as to the fictions that are employed in determining what rates are set or proposed and the lengths to which these fictions are protected.

    It started during Mr. Mascoll’s cross examination when he sought to debunk the myth of cross subsidisation. To my mind, to say that domestic is not contributing its fair share to the cost is rather erroneous and merely an excuse to raise the rates on domestic and reduce the rate to the large users of electricity.

    Our theory is that the BL&P is lowering the rate to large users simply to attract them back to the grid. The reason is that when there was a subsidy on diesel, these large consumers were encouraged to install their own generation and this cause a reduction in revenue to the BL&P.

    Therefore, in order to attract the large consumers back to the company, it found a way to reduce the bill to these large companies.

    While Mr. Mascoll was not stopped, he was certainly frustrated in trying to establish the point. In trying to manoeuvre my cross examination to established the point from a different angle, The Chairman stopped me in my tracks.

    Doug continued on the trend but to my mind did not have much success. Chris tried his best to establish some peripheral fact but these details seem to be ignored. It will be left to be seen what Douglas Trotman and Errol Niles will do for the domestic and small business consumers.

    It is difficult to discuss this any further at this time. We will certainly do an expose after the hearing has finished and all contributions and submissions have been made.

    I am not happy that this matter was not allowed to be explored because to me it is straight forward business and therefore an insult to our intelligence that general business practices are not being allowed to be applied to the manner in which BL&P conducts business.

    In considering this matter, it is not the actual rate increase that is important but whether or not the increased burden on domestic supply is fair and reasonable.

    I must say that Malcolm Taitt was able to get Mr. Worme to go through the proposed raise and was a good extraction of information even though the relevancy to the issue at hand was a bit off.

  24. BAFBFP Avatar
    BAFBFP

    Do any of the you interveners have any confidence in Neville Nicholls being unbiased..?

  25. ROK Avatar
    ROK

    not one. We see his bias everyday. Hear he telling me that I spend time streaming and not paying sufficient attention? He think he still in school and he is the master?

    Our problem is that we need to practice cross examination some more. If you go direct to the point you have problems and when skirting around to get there, traps are in the way. The only intervenor that he did not treat that way was the man from CANBAR. He is originally from Sweden or one of those countries. I do not think that his first language is English.

  26. ROK Avatar
    ROK

    In watching the CBC news tonight, I heard the announcer intro the report on the hearing by saying that the increase is no more than a snack box. but let me say that to the BL&P, that is 98,000 snack boxes a month… but that is the ploy. You see, it is easy to apply a small increase to 98,000 customers in order to get the big money and at the same time, it would then be nothing to ease down the price to the large supplier, thereby wooing them back on board. I think the fact that the evidence seems to suggest that BL&P has a hidden agenda is more suspect than the increase.

    I also think that the efforts to try to stop the exposing of the agenda is not good. Personally, I think that both Peter Williams and Stephen Worme mean well but at the same time, this increase is not driven by them but by larger fish and I do not think that it would be so objectionable to the public if they said they wanted a $4.00 increase rather than trying to talk about rebalancing and that domestic is not contributing sufficiently. That is a fiction.

    Furthermore if they wanted to reduce the bills of the larger users, they could have said so too. Nothing wrong with trying to get them back if it is beneficial to the country. Imagine that in an economic crisis we as consumers will be tightening our belts even further and the BL&P will be having its fill with a loose belt.

    When this is all done, I will certainly be penning the inconsistencies in the BL&P’s submissions. It is truly a puzzle to me and maybe the BU family will help me unravel it.

  27. Anon Avatar
    Anon

    Excellent overview, ROK. Look forward to your views on the inconsistencies and will certainly do as much digging as I can and report back to you from time to time. I agree completely with your conclusions.

  28. Dennis Jones (aka Living in Barbados) Avatar
    Dennis Jones (aka Living in Barbados)

    @Chris Halsall and ROK, perhaps you as intervenors can help us understand how a decision will be reached. It is not like a court case where we have proved something beyond a reasonable doubt. How is the balance of arguments to be weighed.

    To the layperson hearing that ‘consumers’ were not part of pricing considerations may seem shocking but it’s par for many pricing decisions, taking the view that prices will be what the consumer can bear (or you will go out of business).

    Assuming (for sanity’s sake) that the Chairman is working impartially, how does he reach his decision? If BL&P feel dissatisfied, what next for them? If the various intervenors feel dissatisfied, what next for them?

    With utilities, consumers are really constrained as they rarely have the option of doing without the good/service. But, similarly, the supplier has a hard time paring back on the level of service provision. So, the balance of those basic demand and supply positions often means that you cannot really negotiate pricing. So I wonder what the process is really about.

  29. BAFBFP Avatar
    BAFBFP

    Bringing large customers back to the grid is one agenda… but there are others. For example, off setting the performance of the other Holding company interest.

  30. ROK Avatar
    ROK

    Utilities Regulations Act Cap 282 of the Laws of Barbados:

    Sec 14
    “In any proceedings before the Commission involving an existing or proposed rate of a service provider, the burden of proof to show that the rate is fair and reasonable and in accordance with the principles established by the Commission shall be on the service provider.”

  31. Dennis Jones (aka Living in Barbados) Avatar
    Dennis Jones (aka Living in Barbados)

    @ROK, I’m no lawyer, but I do not see how one can establish ‘fair’ and ‘reasonable’ if issues are looked at from only one side. I go to the reported comments by the US consultants. Perhaps there is another bloc of studies due on how consumers would be affected. I say that believing that no such thing exists. I would have thought that while the government could not dictate the details of BL&P’s studies, it would have ensured that the minimum was there to get to the desired results. Have I missed something?

  32. ROK Avatar
    ROK

    The Burden of Proof

  33. David Avatar
    David

    BU would have made earlier comments on this blog which suggested a conflict of interest by Mathew Farley in his role as a talk show host and moderator and the fact his daughter was the beneficiary of a scholarship which BL&P played a part.

    As always we are happy when members of the BU family offer clarifications in the interest of truth and in the process we are happy to apologize to all concerned who would have been unfairly described in the matter.

    See communication received on the matter:

    It is my understanding that BL&P did not sponsor Matthew Farley’s daughter. That would be somewhat misleading. BL&P sponsored the camp that Matthew Farley’s daughter participated. Out of that camp which was conducted by a coach from the US, the young lady received a full basketball scholarship from a US college. Therefore to intimate that BL&P sponsored Mr. Farley’s daughter would be a stretched. I just thought I would mention that.

    I am thoroughly enjoying the discourse on the rate hearing keep up the good work.

  34. David Avatar
    David

    BANGO seems to be streaming again:

    http://www.ustream.tv/channel/ngo-news

    We find it incredible the FTC Commission would not want to give the Intervenors an interval to consider the highly technical cross examinations which would have occurred over the last 12 days. Who will protect the consumers, the FTC? Anyone remember the Intervenors is a volunteer force?

    The point about all the affidavits and other documents filed being available and suggesting that this would pre-empt the need for the FTC to provide timely transcripts of the proceeding so far is archaic thinking of a high order. For Chairman Nicholls to take refuge in a Utility Procedure when he has discretion as Chairman to determine what is a reasonable position in the circumstances is disappointing to say the least. It is clear the perception by many (Barbadians) of the FTC is that it is NOT rigorously advocating and protecting the interest of the consumer. Is their recourse to government (Minister David Estwick) in this matter? Is their a role for the Opposition of Barbados (Mia Mottley) to play a role in the interest of Barbadians?

    It is obvious the BL&P side would be ready to close tomorrow given the resources at their disposal. Shouldn’t the FTC seize the role of balancing the equation in the interest of Barbadians consumers?

  35. Christopher Halsall Avatar
    Christopher Halsall

    Day 12 (the last day of cross examinations) — a single marathon session!

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_12_20091022_1_of_1.wma

    I agree with your immediate above completely David. I personally think the Chairman made one or more grievous errors today… Public perception, and possibly legal…

    Anyone interested should listen to today’s recording starting from 03:07:00…

    If you can, watching tomorrow’s stream might be entertaining. The session starts at 1000….

  36. David Avatar
    David

    @Chris

    Listened and watched with interest the exchanges between Public Counsel, Douglas Trotman and ROK with the Chairman.

    BU would suggest the Intervenors as a collective have an opportunity to make a statement which should shock Barbados.

    Enter tomorrow, restate your position regarding time to study the transcripts and if there is no satisfactory response, WALKOUT in protest!

  37. Christopher Halsall Avatar
    Christopher Halsall

    @David…

    Without telegraphing…

    The Intervenors have a meeting amongst ourselves tomorrow morning before the Hearing begins for closing statements to debate and decide what our collective response to this outrageous injustice will be…

    There’s a chance tomorrow’s stream will be good “telly”….

  38. BAFBFP Avatar
    BAFBFP

    I am not convinced that many Barbadians care, know of or even understand the reason for the good work that you are doing. Starcom has been giving ample time to callers who have comments (the silliest in recorded history) that support BL&P’s position. The moderators are unequipped to correct the simpletons and I gotta tell yah it appears that there is a sizeable sentiment that does not look good…! The media is doing the barest minimum to educate people. Damn Mascoll for saying that the company deserves “something”.

    Be as animated as you want but I am not sure that you will get the response that you are looking for.

    I agree wid Rihanna… Bajans mek mah shame!

  39. BAFBFP Avatar
    BAFBFP

    Will the commissioners be paid out of retained earnings? A reward is being offered for the correct answer!

  40. Christopher Halsall Avatar
    Christopher Halsall

    Day 13. The last day of the hearing…

    First to two recordings.

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_13_20091023_1_of_2.wma

    This contains the protests by the Intervenors and the Chairman’s responses to same. Then the closing statements by the BL&P lead council….

  41. Christopher Halsall Avatar
    Christopher Halsall

    The second of two recordings.

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_13_20091023_2_of_2.wma

    These are the closing statements by all the Intervenors with the exception of Mr. Toft of CANBAR, Mr. Halsall of BANGO, and Mr. Trottman who refused to submit oral presentations as a protect.

    The Chairman then declares the Hearing ended.

    I was told by the FTC’s General Legal Counsel that the FTC hopes to have a decision by December 15th.

  42. Christopher Halsall Avatar
    Christopher Halsall

    The transcript for Day 7 (2009.10.15) as provided to me in electronic format this morning via e-mail at 2009.10.23.0958.

    Interestingly, the Day 7 transcript has been provided in two parts — the “Title Pages”, and then the actual transcripts themselves. I suspect this is to ensure that the numbering between the electronic versions, and the paper versions provided by the FTC, agree; this was not the case previously.

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_7_20091015_transcript_cover_pages.pdf

    http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_7_20091015_transcript.pdf

  43. David Avatar
    David

    ROK & Chris

    Would be good to get your feedback on the decsion by the FTC to allow the review request by the Barbados Consumers Organization which is led by the vilified Malcom Gibbs-Taitt,

  44. ROK Avatar
    ROK

    @David

    You think the FTC was wrong to allow the review because it was BARCRO? Actually both BANGO and BARCRO was supposed to file for a review but we allowed BARCRO to go ahead.

    Right now the pain of rate hearings is beginning to tell financially. We still have a lot of work to do, so it is a question of not going into burn out. It would be good to get contributions for the work Intervenors are doing. Afterall, everybody is benefiting because if we were not there, these companies would get away with a lot more.

    More than ever we lose when we are not able to follow-up; as is the case right now and in the case of the Price Cap with C&W. They have the edge on us because they get paid to work on this full time. We have to do it “by the way” and still reaping success, so if we had backing we would come out a lot better.

  45. David Avatar
    David

    @ROK

    Agree that you guys should be paid. All of you should ask VOB to allow you to come on the callin program to promote the launch of a fund to finance your work. It is an injustice that you guys have to suffer such indignity while doing the work of the people.

  46. Christopher Halsall Avatar
    Christopher Halsall

    @David et al…

    Or perhaps we all might simply hope (and expect) the Government to do their job properly….

  47. ROK Avatar
    ROK

    Cost decision in the BL&P Rate Hearing:
    http://www.ftc.gov.bb/library/2010-11-17_commission_decision_in_the_application_for_costs_by_intervenors.pdf

  48. David Avatar
    David

    Break this down ROK.

    The consideration for reimbursing the Intervenors who submitted claims was based on whether they hired consultants?

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