Belize Water Services Limited and its regulator, the Public Utilities Commission were also in court today. Both sides appeared in Justice Michelle Arana's courtroom for a hearing on the lower rate that the PUC ordered the utility to implement on April first - but instead BWS went to court asking for an injunction against the new rate, pending judicial review.
That was to have started today but it could not - and the attorney for BWSL explained why:...
Rodwell Williams, SC, Attorney - BWSL
"A deluge of the material was thrown at the judge over this weekend and this morning. In fact she saw it this morning and she felt that in light of material which she had not had the opportunity to go over, she would prefer to adjourn the matter further to allow the court to peruse the material that counsels for both sides can put towards the court in terms of affidavit and written submissions."
Williams also discussed why BWSL balked at implementing the lower rate in April. The rate came out of an Interim Review Proceeding by the PUC, but, Williams explains that the company found it be an abuse of process:...
Rodwell Williams, SC, Attorney - BWSL
"BWS takes the objection to the entire process on the fundamental ground and principle that yes, the PUC has such a power but any power is subject to law and in this case specifically the law in question requires that this be done only in exceptional circumstances. In other words, neither the BWS nor the PUC can seek to invoke other new proceedings with a view to lower or raise tariff unless there are exceptional circumstances. The law define exceptional circumstances and no exceptional circumstances we say exist and therefore there's no jurisdiction to have done what was done. It's as simple as that and secondly the natural rights of BWS were infringed because they were absolutely no noticed."
The case will go for full hearing on June 18th. Naima Barrow appears for the PUC.
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