A court application seeking more financial information from Barbados Light & Power Company (BL&PC) has been denied.
Attorney Hal Gollop, KC, in association with Ralph Thorne, KC, had filed an application on behalf of intervenor Ricky Went asking the court to order the Fair Trading Commission (FTC) to provide or mandate BL&PC to provide the financials to Went and all intervenors.
However, Went’s action failed yesterday during a hearing by High Court Judge Barry Carrington.
It clears the way for BL&PC’s substantive appeal against the FTC’s electricity rate application to go to trial next Tuesday and Wednesday before Justice Carrington.
Went’s application was viewed as being made late, given that the appeal hearing is next week, and the documents sought were not seen as key in the adjudication of that matter.
It was further suggested that judicial review was one route Went could have taken and that this would have been separate from the appeal.
The court denied the intervenor’s requests and reserved its ruling on costs.
Reacting to the denial of his application, Went said: “The court’s decision is respected. Public interest is key for intervenors, yet judicial review isn’t practical. Costs and timing are key factors.
“Attention will focus on the appeal, the submission of 150 pages is already filed. It was a disappointing day, yet we will persevere,” he added.
Went had asked the court to facilitate access to the compliance filing as outlined in the Commission’s Decision & Order of February 15, 2023; BL&PC’s audited nonconsolidated financial reports for 2022 to 2024 and the half-year report as at June 30 this year; the same audited financial reports for 2022 to 2024 in the established “test year format”; and the audited financial reports for BL&PC’s Self Insurance Fund for the years 2022 to 2024 and half-year report as at June 30, 2025.
The application argued that “if rates are to be fair and reasonable, then intervenors must be provided with the requisite information and data to independently review, analyse and affirm or disagree with positions presented by the appellant BL&PC”.
Went’s attorney had asked for the information, reports and documents to be provided to Went within two working days and for Went to be given at least 21 working days to file a written submission to the FTC prior to issuance of its final ruling.
Leading up to the court application, the FTC, via external counsel Alrick Scott, KC, had informed Went via his legal team, that it was not obligated to ask BL&PC to provide the financial information requested given that the rate hearing process was deemed concluded. (SC)
POLITICS.