Is BECOL Indemnified Against Legal Action?

Lisa Shoman

Shoman says that the secret agreement serves to indemnify BECOL against any regularity or legal action which may be brought for the next twenty years – and also commits G.O.B. to making good any losses which BECOL may potentially suffer during that period.

Lisa Shoman, Senator, People’s United Party

“In the event a Court tribunal or regulatory body, and that would include the PUC, determines that any of these documents – the Mollejon permit, the Chalillo permit, the Vaca consent issued by the government and the PUC respectively and concurrently held by BECOL is not valid and binding and or that any other further licences, permits, consent and regulatory approvals are outstanding or required by BECOL to continue to lawfully operate or manage the power plants or the 2001 power purchase agreements approved by BECOL currently held are not valid and binding, then the government shall do or execute or procure to be executed or done all such deeds, documents and all lawful things that BECOL or Fortis may from time to time reasonably require in order to issue all such  licenses, permits, consent and regulatory approvals in order to put BECOL and or Fortis in the position had the relevant determinations not been made. What does this mean? This means that by clauses two point one and two point two the government has effectively tied the hands of the PUC when it comes to BECOL, committing the government and people of Belize to indemnify BECOL against any losses, make good those losses sustained as a result of any determination that the PUC as a regulatory body or any court may make against its interests.”