THE EDITOR, Sir:

I note with interest that the Consumer Advisory Committee on Utilities (CACU), an entity established and funded by the Office of Utilities Regulation (OUR), has come out in strong support of the Jamaica Public Service Company on maintaining its monopoly licence.

The CACU’s sudden advocacy for the retention of the monopoly would give one the impression that this is a group speaking on the behalf of Jamaican consumers. Nothing could be further from the truth. The CACU is simply a committee of the OUR set up to be the ‘consumer arm’ of the regulator.

You should recall that the CACU was merely set up by the OUR because of the absence of effective utility consumer advocacy.

While not accusing the CACU of anything unsavoury, you will understand my unease with the unit coming out in strong defence of the JPS, which, interestingly, partly funds the OUR, which, in turn, funds the CACU. There is an apparent incestuous and conflictual relationship.

It would be more palatable if the views were coming from the Consumer Affairs Commission (CAC), a creature of Parliament.

I call on the CAC to commission a research by experts on the feasibility of breaking the JPS monopoly and its implications on the cost of energy.

DENNIS MEADOWS (JP)

Opposition Senator

dennis.meadows@hotmail.com

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ATTORNEY-AT-LAW Hugh Wildman on Tuesday urged the Government to use its 19 per cent share in the Jamaica Public Service (JPS) to acquire the electricity grid from the light and power company in an effort to accommodate energy providers who would want to enter the market.

Wildman, the attorney for the group of persons who had the Supreme Court struck down the exclusivity aspect of the JPS’s 20-year all-island licence, said that the grid should be in State control in order for Jamaica to benefit from affordable energy.

“Persons are expressing an interest in providing energy. What the Government needs to do now is use its 19 per cent share to acquire the grid from the JPS to allow other players to come on board,” said Wildman, who was speaking at the Kiwanis weekly luncheon at the Wyndham Hotel in New Kingston.

Wildman said that there are new players out there with better technology that would benefit consumers.

“Without cheaper energy Jamaica is going nowhere but down. Jamaica deserves better,” Wildman said.

The way was made clear for other players to enter the energy market when Justice Bryan Sykes on July 30 struck down the exclusivity aspect of JPS’s licence, issued by the energy minister in 2001. At the same time though, Sykes said that the all-island aspect of the licence was valid.

JPS has since appealed the ruling. So too have Dennis Meadows, Betty Ann Blaine and Cyrus Rousseau, the group of people who have brought the action against the JPS.

The claimants are asking the Court of Appeal to declare the licence invalid. The claimants are set to argue that only one licence was issued to the JPS and that it cannot be divided to make one part valid and another part invalid, as was done by the Supreme Court. The claimants are contending that the Electric Lighting Act prevents an entity from providing electricity across the entire island.

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PREPARATIONS for round two in the battle over the legality of the Jamaica Public Service’s (JPS’) all-island licence stepped up yesterday with the filing of a counter appeal to JPS’ own filing in the appellate court on Monday.

The counter appeal was filed by former Government Senator Dennis Meadows, Betty-Ann Blaine and Cyrus Rousseau, who were in July successful in having Justice Bryan Sykes strike down the exclusivity aspect of the JPS licence.

TOMBLIN

Gary Barrow -File
Gary Barrow -File

Gary Barrow will join the Jamaica Public Service Company (JPS) on September 3 as a senior vice-president in charge of customer operations and support services.

Barrow was once the president of telecom LIME Jamaica, when it traded under its old name, Cable & Wireless Jamaica.

His track record, however, spans other disciplines, including finance, business transformation, government relations, power systems and process re-engineering, said JPS.

Barrow’s appointment comes as JPS is attempting to re-engage Jamaicans and put some polish on its tarnished image. Jamaicans are upset at the more than 40 US cents they are paying to consume power provided by the monopoly distributor.

JPS President Kelly Tomblin is shooting for “a total transformation” of JPS culture.

In that vein, Barrow will have “overall responsibility for transmission, distribution and our parish operations, and so will play a key role in helping to change the way we serve our customers. Gary’s extensive leadership experience, along with his track record of successful business transformation, will definitely be an asset during the culture change process at JPS,” Tomlin said.

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Energy Minister Phillip Paulwell (left) is seen here with JPS chairman Hisatsugu Hirai in January 2012 at a reception hosted by Hirai. - File
Energy Minister Phillip Paulwell (left) is seen here with JPS chairman Hisatsugu Hirai in January 2012 at a reception hosted by Hirai. – File

Power provider, Jamaica Public Service Company (JPS), disclosed depressed quarterly profit of half-billion dollars on Wednesday but avoided accounting for the pending loss of its monopoly status amid court appeals and talks with the Government over securing its exclusive licence.

JPS made net profit of US$5.8 million (J$528m) at second quarter June 2012, down 41 per cent compared to year-earlier levels.

The company’s reduced profit resulted from a 44 per cent spike in finance costs to US$12.6 million compared with a year earlier.

Directors Hisatsugu Hirai and Fitzroy Vidal said in a joint note that it was too early to quantify the impact of the Supreme Court decision that set aside JPS’s monopoly but did not invalidate the licence.

“The outcome of this court decision, which the company intends to appeal, cannot be determined with certainty at this time and no provision has been made in the financial statements regarding this matter,” stated the directors on behalf of the board.

Hirai is chairman of the power utility.

Earlier this week, JPS president and CEO Kelly Tomblin said the company could see its US$450 million of long-term loans placed in default if it loses the legal appeal to keep its all-inclusive licence and if the Jamaican Government refuses to amend the language in the agreement.

But it also means that the financing of the near US$620-million planned natural gas power plant is virtually on hold pending the appeal. JPS’ loans were premised on its distribution monopoly arising from its licence, which runs to year 2027.

For the half year, JPS made net profit of US$7 million, or one-third the HY2011 results of US$21 million, despite an uptick in revenue to US$581 million.

Last month’s Supreme Court ruling invalidating JPS’ monopoly on distribution of electricity was a victory for claimants Dennis Meadows, Betty Ann Blaine and Cyrus Rousseau who challenged the exclusive 20-year licence granted by the then minister of mining and energy to the JPS in 2001.

Electricity charges in Jamaica remains one of the highest in the region due to its reliance on expensive oil, which has tripled in price since 2000.

JPS’ fuel bill topped US$407 million at half year, rising by more than 10 per cent year-over-year, but was flat at US$201 million in the second quarter.

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The Jamaica Public Service Company (JPS) is reporting success in its efforts to reduce electricity theft in St. Catherine which is one of the parishes with a high rate of theft.

The JPS says in July, it executed 10 operations in which 1,037 illegal connections were removed.

The JPS also says its teams discovered 61 cases of meter irregularities, including the use of meter bypasses and other devices.

According to the company, arising out of these operations, 17 persons were charged with illegal abstraction of electricity.

The JPS has committed US$30 million this year to the fight against electricity theft.

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THE Supreme Court yesterday ruled that the all-island licence held by the Jamaica Public Service (JPS) is not exclusive, paving the way for other players to enter the market for distribution of electricity.

The ruling by Justice Bryan Sykes was immediately hailed by Hugh Wildman, attorney for the claimants, as a major victory. “It is a major victory, because the claimants have been able to break the monopoly licence,” Wildman told reporters following the handing down of the ruling.

JPS head office in Kingston.

“What the court is saying is that the exclusive nature of the licence is illegal; that is what this judgement has done. We have succeeded in the main declaration,” said the attorney.

Yesterday, Justice Sykes told the court that the minister had the right to grant a licence to a single light and power provider to cover the entire island, but that the minister does not have the power to grant a licence on terms that preclude him from considering any other applicant. “That is not what Section 3 [of the Electric Lighting Act of 1890] in my view, intended. The exclusive licence to JPS did that,” said the high court judge.

Said the judgement: “The minister does not have the power to grant a licence upon terms that bars the possibility of any other person entering the market for transmission of electricity. The term of JPS’ licence granting it exclusive right to transmit electricity is not valid.”

Michael Hylton, QC, who appeared for the JPS, told the Jamaica Observer that his client would be appealing Justice Sykes’ ruling.

The claimants