Office of Utilities Regulation
Media Release
FOR IMMEDIATE RELEASE: Friday June 08, 2012

The Office of Utilities Regulation (OUR) last Wednesday slashed in half the period in which power provider Jamaica Public Service Company Limited (JPS) can back-bill customers.
Under the JPS Revised Back Billing Policy, the company can now back-bill for two billing periods, equivalent to two months, down from four periods. But there are instances in which the utility will also be able to collect for electricity usage extending back six years.
The two-month measure mainly allows JPS to rectify incorrect or under billing or to collect in instances where bills were not generated due to internal system faults.
Importantly back-billing for meter tampering and fraud remains at six years, while corrections to overbilling arising from a JPS error or omission also remain at six years.
“This is not to be described as a victory for anyone because it is the means by which the regulator is bringing balance and fair play to a system which had been out of step with international norms,” said Michael Bryce, director of consumer & public affairs at the OUR.
“In terms of cost, it is not about how much it will cost but about how much can be recovered. This cannot be quantified until each case is completed and judged according to merit,” he said.
Revised policy
The revised policy is supposed to align with best practices in the United States and United Kingdom, and protect both JPS and its customers.
Queries to JPS on the impact of the revision on its operations went unanswered up to press time. The power company‘s annual revenues now tops US$1.15 billion or J$99.9 billion.
Last year, the OUR directed JPS to revise its back-billing policy and procedures in accordance with recommendations contained in the reportInvestigation of the JPS Billing and Metering System for Electricity Consumption.
The independent investigator and former OUR director general, J. Paul Morgan, concluded that JPS’s back-billing policies did not accord with “best practices” and did not sufficiently protect the rights of customers.
“Under the revised policy, there is now a reduction in the maximum period – from four to two – for which an account can be back-billed in several instances,” said the OUR in a release explaining the measure.
JPS is now required to issue the Revised Back Billing Policy as a Code of Practice and make it publicly available in accordance with Condition 16 of the Amended and Restated All-Island Electric Licence of 2011.
Unauthorised benefit
Last year, JPS recorded US$105 million (J$9b) in unbilled revenue, which represents estimates of the heat rate, system losses rate, fuel rate and Independent Power Provider or IPP charges, other non fuel rates and unbilled quantity. Unbilled revenues rose 19 per cent above 2010 levels.
“In cases where the account is not registered in the JPS Customer Information System or the meter is not included in the JPS meter database – dummy meter – and therefore was never billed, and the non-registration in either case is not due to an error or failure by JPS, the account shall be back-billed or adjusted for the period for which the customer/user received the unauthorised benefit but not exceeding six years. In such a case, the customer shall have the responsibility of providing the evidence of the date of installation of the dummy meter, if a period of less than six years is to be applied in the circumstances,” said the OUR in its determination notice dated May 2012 but released last week.
“Where an account has been overbilled or subject to excess charges, because of an error or omission by JPS, or a condition of the meter or service installation infrastructure, JPS shall adjust or back-bill, as appropriate, the account for a period not exceeding six years or for the exact period for the overbilling occurred, whichever is less.”
business@gleanerjm.com
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REMEMBER the Jamaican saying “What’s Good for the Goose may not be good for the
Gander”? Look at what it would cost the Government if they support wholesale
renewable energy production in Jamaica.
The political and economic reasons that may have driven the delayed lack of
support for Renewable Energy (RE) initiatives must include considerations that a
significant portion of government revenues come from sale of oil. Buying and
selling oil is big business. If significantly less people use oil-based energy
production systems, the government and oil merchants could face huge losses.
The issue, though, is deeper than simply government wanting oil revenue alone. In
order for RE investments to be viable, there has to be a payback that is of a
reasonable duration. That is even more the case where a tax-hungry government
adds non-value taxes to RE components imported into the country (such as an
environmental import tax on the very items which help to clean up the
environment!). Remember Jamaica is already paying higher transportation costs for
equipment than its larger neighbours who either manufacture the equipment
themselves, or have the benefit of economies of scale.
What this means is that unless one has a need which can only be met by an RE
system at any cost (an example is Mystic Mountain which would probably not get a
service from JPS at any reasonable price because of their location), then one
must connect to the grid in order to either bank and retrieve the otherwise lost
excess production by day, or sell that excess for hard dollars to the utility.
This is what augments the “payback” on the RE investment.
Up to now, every rational country has permitted that exchange between the small
RE power producer and the grid by way of a one-to-one transfer of power called
net metering. The actual mechanics of a net metering policy varies between
jurisdictions, e.g. some allow a single meter to measure the net power flow,
others require a separate second meter to measure the power passed to the grid,
but the essence of the policy is that 1 KWh consumed = 1 KWh produced.
Some jurisdictions do not even force the utility to pay for the annual excess
power produced by individual RE systems, so that e.g., at the end of a calendar
year, the excess production to the grid is lost, but at the very least this would
mean that your bill would be zero for the entire calendar year (I am not taking
into account the minimum payment for billing, distribution, etc.). Jamaica
however, has introduced the idea that the utility should sell us power at 42c per
KWh, and system owners should sell the utility power at 18-25c per KWh. This
Anancy system destroys any reasonable calculation of payback time on the RE
investment. But the government, instead of offering protection to the small RE
investor, has allowed its regulator the Office of Utility Regulation (OUR) to
introduce this net billing system which profits JPS and not the RE producer.
The Minister of Energy’s public preening about his role in setting up the net
billing system and a methodology whereby RE owners can sell their excess power to
the grid displays a pride of accomplishment which may not be justifiable because:
(1) – He achieved very little, it was in train and far advanced under the
previous administration (who equally were really doing little to protect the
public and advance RE take up, but of course Minister Mullings was also engaging
in exaggerated chest thumping) and, (2)– any genuine intention to really help
the public would have included an instruction to the OUR that the new
government’s policy is the furtherance and fostering of net metering and a
request to that office that it develop a methodology for implementation of this
policy.
And by the way, any concerns about JPS’s much touted guarantee can be dealt with
by a couple of lines of amendment to the Electric Lighting Act. If the government
can change the legislative landscape for telecommunications as radically as it
has appeared to have done in the past couple of days despite its promises and
entreaties to the investors back in 2000, then what is to stop it from changing
the equivalent legislative framework under which JPS operates?
So to understand the problem, start by recognising that oil revenue may not be
the only motivation for government tardiness in embracing progressive RE
policies. The government also depends on the revenue and profits from JPS earned
directly and indirectly. The question must be why does the government not mandate
net metering? Well, do they really want us to reduce our consumption of the JPS
product? Think on this — the government owns 19.9 per cent of JPS and gets 19.9
per cent of the profits made by that company on a continuing basis. For example,
in 2011, the amount was US$8.76 million, (over JA$750 million). The government
also collects GCT tax revenues from JPS. Finally, the government gets income tax
from JPS’ share of the profits. Government also gets a first bite at the revenue
cherry in the form of Petrojam, which imports oil and sells it to JPS and
everyone else, making vast profits which are turned over to the government.
The Paulwell Energy initiative can, in the kindest terms, be described only as a
good start. One obvious way to lower the country’s oil import bill is to use less
of it. That, apart from individual returns, is what RE provides. Minister Philip
Paulwell should now demonstrate his willingness to go the distance and, in short
order, modernise the RE landscape to a full net metering policy.
Paul Beswick is an Attorney-at-Law
Read more:
Electricity charges are expected to drop by up to six per cent this month.
This after the Jamaica Public Service Company (JPS) lowered the fuel and IPP charges to customers by just over $2 per kilowatt hour (kWh), when compared to the rate used in May.
According to the JPS, this means that a typical residential customer whose usage remains constant at 200 kWh will see a reduction of approximately six per cent in their electricity bill.
In a statement last evening, the light and power company said the decision to reduce its fuel and IPP charges was based on the recent downward trend in oil prices.

AS part of his Budget presentation tabled in Parliament on May 24, 2012 and the revised Budget tabled June 6, 2012, following consultations with stakeholders, Finance Minister Dr
We all know the plight, it affects everyone; the cost of energy is way too high. The domino effect is far reaching; energy costs deter investment, cripple the manufacturing sector and puts Jamaica in a position of being less competitive on the global market. The Government speaks of doing more to diversify the method of generation of electricity by the use of more renewable energy namely, solar and wind.
GCT Removed from Electricity Used by Residential Customers
June 6, 2012
Prime Minister, the Most Honourable Portia Simpson Miller, in her budget presentation yesterday announced the complete removal of General Consumption Tax (GCT) from the electricity used by residential customers. This reverses an announcement made earlier by the Minister of Finance that GCT would be applied to residential usage over 300 kWh. Business customers will still pay GCT on their electricity usage.
JPS is awaiting further details from the Ministry of Finance regarding the impact of GCT on related services, and will share this information with the public in due course.
In her presentation, the Prime Minister also spoke to initiatives to ensure a secure energy future for Jamaica, which she said was crucial and needs to be urgently addressed to enable the country to capitalize on opportunities. She made the following points:
1) Fuel Diversification: The Government is awaiting the outcome of bids and the associated negotiations for the provision of natural gas and the regassification infrastructure.
2) Renewables: Emphasis will be placed on the use of more renewables as well as waste and biofuels for generating electricity.
3) Conservation: The Government will be setting an example by implementing projects to reduce energy use. The Government will therefore be taking the lead in the national conservation effort, with its goal being a 30% reduction in the energy bill. The Prime Minister indicated that the pilot project for the conservation efforts would begin at the Office of the Prime Minister.

The Government has removed the General Consumption Tax (GCT) on electricity bills for all residential customers, making good on an election promise.
This was announced by Prime Minister, the Most Hon. Portia Simpson Miller on June 5, while making her contribution to the 2012/13 Budget Debate in the House of Representatives.
SUSTAINED OBJECTIONS to the Government‘s announced increase in general consumption tax (GCT) on the use of electricity above the 300 kWh threshold have prompted the Portia Simpson Miller-led administration to remove the tax measure altogether from residential customers.
Simpson Miller, in her contribution to the 2012-2013 Budget Debate, also announced yesterday that businesses that use more than 300 kWh of electricity could reclaim the tax.
Hours after Finance and Planning Minister Dr Peter Phillips announced the 16.5 per cent GCT on electricity use above 300 kWh on May 24, pressure began to mount as public outcry grew louder against the decision.
Simpson Miller, who had promised a roll back in GCT on electricity during the election campaign declared yesterday that she had “heard the cries of the people” and felt their pain.
“It was not possible to fulfil all the promises in the five months based on the conditions we found. As a responsive Government, after discussion with the minister of finance, the decision has been taken to completely remove GCT on electricity bills for all residential customers,” Simpson Miller stated.
The charge on electricity was expected to rake in $430 million in taxes for the current financial year.
However, Simpson Miller did not explain how the administration would recover sums that had been given up with the decision to roll back the tax.
She told the country that her finance minister would provide details on the roll back as well as address other revenue measures when he closes the Budget Debate today.
Budget goodies
Removal of GCT on electricity to residential customers
Sharp cut in interest rates for NHT contributors:
– From three per cent to one per cent
– From Five per cent to three per cent
Extension in one per cent interest rate reduction to public sector workers
– From March 31, 2013 to March 31, 2015
Cut in NHT rate by one per cent for hotel workers earning $10,000 or less per week
$1.2 million grants to NHT applicants earning $10,000 or less per week
The award of 50 ‘Jamaica 50′ scholarships to students
edmond.campbell@gleanerjm.com
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