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Mar 10, 2010

Belize Electricity Limited back in court

Lynn Young

Lynn Young

Judgment has been reserved in an appeal between the Public Utilities Commission and the Belize Electricity Limited.  In October, Court of Appeals’ Justice Denys Barrow was one of three judges who presided over an appeal of a decision by the Supreme Court which went in favour of the Public Utilities Commission.  But the opposing party, the Belize Electricity Limited has brought the matter back before the Court of Appeal because it feels the matter should be reheard by judges other than Justice Barrow.  The utility company believes that there is the appearance that Barrow may have been biased in carrying out his duties because his son, Kimano, sits on the PUC Board.  So since last Friday the matter of whether or not there is the appearance of bias by Justice Barrow is being argued before Justices Elliott Mottley, Boyd Carey and John Sosa.   News Five spoke with B.E.L.’s CEO following the day’s proceedings.

Lynn Young, CEO, B.E.L.

“There’s no aspersion on Judge Barrow but knowing that his son sits on the commission, knowing that the firm that carries his name—Barrow and Company—is representing the PUC in another case that B.E.L. and the PUC have. We didn’t think it looked right.  We think it’s an important issue because it strikes to the very heart of regulation, of regulating utilities. The issue was whether or not the PUC can tell B.E.L. which company to do contracts with and to dictate the terms of the contract and it’s—Belize is kinda young in this kind of thing but from what we’ve seen in other jurisdictions, the regulator should be a regulator and not a manager.  We didn’t think it would make sense because it was going to be based on fuel oil. At that time oil prices wasn’t even as high as it is now, but if we had gone through with that contract, we would have been in real serious trouble so we stood up and we said no, this is not a good contract for Belize, this is not a good contract for B.E.L., this is not a good contract for our customers. And at time the PUC felt that because they are the authority, they can instruct us to do the contract and to not only that, they were instructing us on some of the conditions of the contract. So that is how this whole thing arose and as it turns out, as I said, it’s a good thing we stood up because if we didn’t we would have been in serious trouble with the oil prices where they are today.”

If B.E.L. wins, it will get the matter reheard, if they lose they will take it to the Privy Council.  Attorney for the PUC, Senior Counsel Derek Courtenay, declined comment.  British Queen’s Counsel Vincent Nelson is appearing for B.E.L.


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