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
http://jamaica-gleaner.com/gleaner/20120610/business/business1.html

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:

Debbie-Ann Wright, News Editor
The Gleaner/Power 106 News Centre
Opposition leader Andrew Holness says the current Jamaica Public Service Company (JPS) licence is a deterrent to generators of electricity entering the energy market.
While the JPS has a monopoly on transmission and distribution of energy, other power producers are free to operate in Jamaica.
However, Holness said under existing legislation, producers of energy in commercial quantities must sell to the JPS, which then resells it to customers through its transmission and distribution network.
Holness argued that there is an opportunity for adverse transfer pricing, which works against the interest of the consumer in receiving competitive prices for energy.
He has reiterated calls for the government to look at separating the generating assets of the JPS from its transmission and distribution assets.
Holness said this would allow all generators of electricity to negotiate on equal footing with the deregulated entity that controls the transmission and distribution assets formerly owned by JPS.
However, he cautions that the government should seek to dismantle through dialogue and negotiation.
http://jamaica-gleaner.com/latest/article.php?id=37559

IT was not an easy decision for Kelly Tomblin, taking the helm of the Jamaica Public Service (JPS). In fact, the United States native harboured strong reservations about relocating to Jamaica.
But it wasn’t a fear of the country and its high crime stats that spawned Tomblin’s concern.
![]() TOMBLIN… I bring a different perspective to a problem (Photo: Naphtali Junior) |
“I am typically sent somewhere when there is something wrong with a company in the group,” Tomblin told All Woman in a recent interview. “I’m usually called when there is a growth problem.”
It was a difficult decision, too, because Tomblin, a mother of two, never lived for any prolonged time outside the US. “I have never lived internationally, no more than six months,” she said, but indicates that she is never one to resist a challenge.
The JPS appointed Tomblin, who has more than 20 years experience delivering energy in the US, just over a month ago to replace Damian Obiglio as CEO.
And so far, according to Tomblin, she is up to the task.
“If I didn’t believe it was possible I would hightail it out of here,” she declared. “I’ve been a woman in a male-dominated industry for a long time… I bring a different perspective to a problem.”
Tomblin has taken over an embattled JPS facing widespread flak for its high electricity charges and an underlying feeling that the monopoly is raking in profits without concern for its customers, including a predatory disconnection policy.
“Before I took the job I knew the issues on some level through articles I read in the press overseas,” she said. However, since coming to Jamaica, Tomblin said she has spent the last 30 days asking questions and listening.
“It’s not until I got here and started meeting with the stakeholders, regulators, customers and most significantly, our employees that I got the gravity of the issues we are facing,” she admitted. “During that time my overall focus was on listening… I did not know the intensity of emotion against the JPS.”
Tomblin’s initial apprehension about her JPS troubleshooting job was slowly being justified, leaving her to comment that she has never seen an electricity company facing such difficult and complex set of challenges.
But despite being taken somewhat by surprise, interacting with Jamaicans is not new to the Texan who revealed that she first visited the island some 15 years ago on vacation, and has returned on cruise ships a few times after. She recalls her first trip as a “pleasant experience”.
“It was just before the birth of my first child,” she shared.
Leaving the confines and protection of a Montego Bay all-inclusive hotel, Tomblin and her husband used public transportation to move around the island “getting to know the people”.
“We took a cab to James Bond Beach (St Mary) and spent almost the entire day,” she said. “[There was ] even teaching a young child how to swim.”
At that time Tomblin hadn’t the slightest inkling that she would have returned to Jamaica as a resident and would have lost her anonymity in the hot seat as boss of a troubled JPS.
“When we were here then we could move around and not be identified, now everywhere I go they say ‘that’s the JPS lady’,” Tomblin remarked. “People feel they know me and will talk to me. The impression of JPS is not positive but the good thing is that they talk to me,” she reflected.
At her appointment JPS described Tomblin as having “extensive industry knowledge, strong business strategy and operations experience, as well as customer service expertise”, which will be to the benefit of all its stakeholders.
And given her expressed, strong leaning to customer service and experience as a troubleshooter, Tomblin was clear about what she wants for the JPS.
“You can teach people engineering… but you can’t teach people how to build trust, how to be intimate with stakeholders, we are focusing a lot on that on that right now — being impeccable with your word.”
Tomblin said with passion that when she saw the JPS mission statement in the company’s head office she hoped they were not mere words.
“I have taken some steps not to place words on the wall and not mean it,” she quipped.
“You see so many people wanting the same thing, I see one factor where we can all get together,” she said of her new task.
To that end the JPS chief says she is establishing focus groups to find out “how we (JPS) got to this position”. She admits though that the loss of customer confidence in the JPS has posed a major problem but feels everybody genuinely wants JPS to be successful.
“When you’ve lost faith in something it’s hard to get it back,” she commented.
“You see a situation, so many people have the same target but approaching it in a piecemeal way,” she added.
How long Tomblin stays in Jamaica is totally up to shareholders in her company, she said, adding that her contract ends in two years.
Before her JPS appointment, Tomblin, who holds a Master of Business Administration from New York University, was regional vice-president of GDF SUEZ Energy Resources, with responsibility for leading the company’s market, competitive and regulatory strategy in Pennsylvania, Maryland, New Jersey, Delaware and Washington, DC.
Read more:
The Office of Utilities Regulation (OUR) and the Jamaica Public Service Company (JPS) came out swinging over the past two weeks in rebuttals to an article I wrote that was published in the April 22, 2012 issue of
PUBLICLY listed companies reported mixed performance during the first three months of 2012.
The overwhelming majority to have posted results so far managed to get better revenues than in the first three months in 2011.
![]() Shelly Tomblin, the new head of electricity utility JPS, had to report disappointing results less than two months into her new job. |
But almost half of the 28 companies examined by the

Energy is set to wreck the weak CARICOM. Energy is a ball and chain hobbling the Jamaican economy. Energy, if it is true that human action is the principal cause of global warming and climate change from global warming, is set to wreak havoc upon the entire planet.
Omar Azan, a former president of the Jamaica Manufacturers’ Association, in a blistering speech last week, said government-subsidised electricity cost in Trinidad & Tobago was giving an unfair advantage to that country’s manufacturers in CARICOM trade. At US$0.05 per kilowatt-hour, the cost of electricity in T&T is some six times lower than the cost of electricity in Jamaica. Azan has threatened to lock down the country over the issue. Others have been openly advocating that Jamaica should withdraw from CARICOM.
Meanwhile, a powerful coalition of private-sector companies has been shouting, through expensive advertisements, that the cost of electricity has increased by 135 per cent since 2001 and advising us to “pull the plug on high light bills”. Exactly how to pull the plug has been left unspecified, like the Azan lockdown of the country.
Citizens United to Reduce Electricity (CURE) has gone the unprecedented route of taking action in the Supreme Court to test the legality of the Jamaica Public Service Company (JPS) all-island monopoly. CURE is asking the court to declare null and void the licence granted in 2001 by the energy minister and renewed in 2007.
The licence, according to the claimants, is in breach of Section 3 of the Electric Lighting Act of 1890. CURE attorney Hugh Wildman is arguing that under the act, and in particular Section 3, the island is broken up into areas over which the responsible minister may grant a licence to either the local authority or a private company to generate and transmit electricity.
“What is not permissible under Section 3, or any other section of the act, is an exclusive licence over the entire island. A licensee or undertaker is confined to the particular area over which a licence is granted,” Wildman submits to the court.
“The language of the legislation,” he points out, “throughout speaks in the plural, that is, undertakers and not undertaker. The legislation clearly expressed in no uncertain terms that there must be several undertakers generating and transmitting electricity throughout Jamaica. The concept of exclusivity is unknown to the legislation.”
And with respect to the Office of Utilities Regulation, Wildman said Section 4(3)(i) of the Office of Utilities Regulations Act
At least one expert has serious concerns about the Jamaica Public Service Company Ltd’s (JPS) plans to build the country’s first liquefied natural gas (LNG)-fired plant at a cost of J$52 billion in St Catherine. The 360-megawatt plant is touted to reduce the country’s electricity bill by 30 per cent.
Denzil Williams, head of the Department of Management Studies at the University of the West Indies, Mona campus, said he was not convinced this was the right move because if it backfires, it could cost Jamaica dearly.
Serious issues to consider
“If we get LNG going and if we build this plant, then we can see some savings in our electricity bill but, when you go into the details of it, you recognise that it is not just about building the plant, but there are some more serious issues we have to consider,” he noted.
Speaking during a public forum on ‘The Budget, The Debt, The Future’ hosted by Jamaicans United for Sustainable Development at the Department of Management Studies at the University of the West Indies last Thursday, Williams said there were some critical questions that needed to be considered.
“What if LNG does not come to Jamaica? What if there is a disruption in the supply of LNG? What is the backup fuel if LNG fails?” he asked.
He said at this stage, there was no clear indication if these things were considered by the relevant authorities and if an effective backup plan was in place.
“If we do not secure that source of LNG and get it over on this part of the shores and they have to use that combine cycle gas turbine plant to power electricity later on, we will be in a more dangerous position than before. Because we will be using a much more expensive backup fuel, as the combine cycle gas turbines can only use automotive diesel oil,” said Williams.
He said the Office of Utilities Regulation should publicly address these concerns.
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