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

Read more:

HEART TO HEART

With Betty Ann Blaine

Tuesday, September 18, 2012

Dear Reader,

There is a monopoly mindset that seems to have taken deep root in the psyche of certain individuals and organisations in Jamaica, but perhaps more detrimentally inside the corridors of government.

DAVIS… a properly regulated monopoly is perhaps the best option for Jamaica

That monopoly mindset reared its head a few weeks ago when the senior adviser to the prime minister, Dr Carlton Davis, was quoted as saying that a properly regulated monopoly was perhaps the best option for Jamaica – the statement made within the context of the monopoly licence currently held by the light and power company, the Jamaica Public Service Company.

Dr Davis’s statement sent shock waves across the country for more reasons than one. First, it breached acceptable protocols in that it usurped the portfolio of the Minister of Energy Phillip Paulwell, who should have been the person to speak on such matters. Second, Dr Davis’s comment was diametrically opposed to the stated public position of the minister of energy who has been heralding the cause of competition and bemoaning the untenable nature of the current monopoly arrangement with the JPS. Third, Dr Davis’s position as head of the LNG (Liquified Natural Gas) Steering Committee represents a de facto conflict of interest inasmuch as it reflects the very same position of the monopoly provider with a potential interest in the LNG market.

I believe that the question must be asked: “Whose side is Dr Davis on?” In addition, as he is senior adviser to the prime minister, are we to deduce that any advice to Mrs Simpson Miller regarding the JPS would favour the retention of that company’s monopoly status?

My question to Dr Davis is, “Monopoly best” for whom? The senior adviser should be asked to delineate how the JPS monopoly has been “best” for Jamaican consumers.

The litany of complaints against the JPS is as extensive as it is long-standing. From overbilling, back billing, connections, disconnections and reconnections, Jamaican consumers have continually expressed their disgruntlement with the costs and services offered by the light and power company.

In fact, the formation of the consumer advocacy group, CURE (Citizens United to Reduce Electricity), was as a direct response to the insatiable menu of complaints against the JPS, particularly the cries that went up about the new digital meters that have been introduced for the first time in Jamaica.

And householders were not the only complainers. One of the sectors affected most severely by the high cost of electricity is the country’s small and medium-sized businesses. Many have already collapsed and some of those remaining are teetering on the brink of insolvency.

Separate and apart from Jamaica’s particular and precarious energy situation, the notion of perpetuating monopolies is fast becoming a thing of the past, but there are those amongst us who simply don’t get it.

By definition, a monopoly is a market with only one seller – where a business is the only provider of certain goods or services. Anyone who has ever played the popular game, Monopoly, would have a pretty good idea of what a monopoly is. In the board game, one of the goals is to own all of the properties of a particular colour, or in economic terms, to have a monopoly on properties of a particular colour. It is also the case that when a player has a monopoly on a set of properties, the rents on those properties go up. This is also a realistic feature of the game since it’s generally true that monopolies lead to higher prices.

The general agreement is that monopolies are bad for consumers. Under a monopoly, the producer is assured of his profits and his inducement to introduce innovations is unlikely. He is not under any competitive urge to introduce changes or increase output. According to one economist, “The monopolist functions from a position of privilege. He works from behind a protective shell. If capitalism stands for constant changes which provide vitality to the capitalist system, monopoly cannot sustain it.”

In 1997, New Yorkers, faced with mounting increases in their electricity bills, moved to dismantle the monopoly held by the light and power company, Con Edison. The plan split Con Edison into three companies. “One will own power plants and compete on the wholesale level with other generators. A second will be a power retailer, buying power from wholesalers and competing with other retailers for customers’ business. The third will maintain monopoly ownership of the wires that link customers to the state’s power grid and will charge competing retailers for the use of the “network”. Although it was not a perfect plan, one official described it as “a floor we can build on”. Consumers in New York experienced an immediate 10 per cent cut in electricity rates as a result of the dismantling of the monopoly.

Here at home, dismantling the monopoly mindset appears to be a critical pre-requisite, but one that appears to be inevitable.

With love,

bab2609@yahoo.com

Read more:

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.

business@gleanerjm.com

http://jamaica-gleaner.com/gleaner/20120817/business/business2.html

Barbara Gayle, Justice Coordinator

Supreme Court Judge Bryan Sykes has ruled that the monopoly power distribution license granted to the Jamaica Public Service Company (JPS) is not valid.

In his ruling handed down a short while ago, Justice Sykes said the minister does not have the power to grant a license on terms which prevent other applicants from having their applications being considered genuine.

The judge also said the minister does not have the power to grant a license upon terms that bar the possibility of any other person entering the market for the transmission of electricity.

As a result, the judge says the terms of the JPS license granting it exclusive right to transmit electricity is not valid.

However, the judge says the minister has the authority to grant a license to an operator to supply power to the entire island.

The group Citizens United for the Reduction of the cost of Electricity had
brought a class action challenging the monopoly license granted to the JPS.

radio@gleanerjm.com