Those are some rough characterisations - and this evening, via zoom
video conference, we got to ask BEL's senior executive for their
response:
Dawn Sampson Nunez - General Manager, Employee & Corporate
Services, BEL
"We first want to communicate that with respect to the agreement with
santander sugar industry limited, BEL is in full support of a PPA with that
independent power producer and so we thought yes, we would encourage
santander to take steps to increase its energy production. Subsequent to
that the PUC actually took over negotiations with santander to the
exclusion of BEL. Our position is simply that if we are a party, if we're
going to be a party to this agreement, we believe that we should have a
seat at the negotiation table, we believe that we should be given the
opportunity to negotiate directly with santander. Our position on the
agreement as it stands, is that it does not meet the objective of ensuring
that it is in the best interest of all of our stakeholders, specifically
Jules, we're saying that it doesn't take into consideration certain
reliability service issue that we are experiencing with santander and that
speaks directly to the issue of reliability of service for our customers."
Jules Vasquez
"Okay, so what the PUC says is that is all fine and well, but they have the
sole and singular responsibility to set rates."
Dawn Sampson Nunez
"That is the PUC's position based on their interpretation of the law. Our
position Jules is that we have always acted in accordance with the law on
the advice of our legal advisors."
Jules Vasquez
"Would you agree through that there is an intrinsic conflict of interest in
BEL as a generator of electricity itself going into negotiation with
santander?"
Leon Westby - Senior Business Analyst
"While BEL has a license to generate, in practice we actually don't. The
only generation that have is out GT which we use as an emergency backup
supply and then there is the generation at Caye Caulker because they are
not connected to the grid but as everyone knows our intention is to
interconnect them to the grid. So, in practice, there wouldn't be a
conflict of interest."
Jules Vasquez
"Will BEL accede to this order if you all feel that it was not negotiated
in the company's best interest or that of its customers?"
Dawn Sampson Nunez
"The simply position there Jules is that we basically have, we're at the
point where we have to basically review what our available options and
remedies are. We will say that we regret that the PUC has declared such an
intention but with respect to the order, to answer your question, we will
simply review what our options and remedies are."
Jules Vasquez
"Will this end up in court in a legal challenge?"
Dawn Sampson Nunez
"We hope not. We're simply at this point trying to determine what is the
best way forward within the context of the law."
Jules Vasquez
"That it is actually BEL intransigence by the PUC's characterisation that
has brought you to this point? And second, this intransigence is indicative
or symptomatic of a culture at BEL of flouting the authority of the
regulator?"
Leon Westby
"It's not that we are opposed to the PUC and we've done this consistent
with our right and our obligation under our license as well as the law. We
have been engaging but we haven't been engaging you would say that the PUC
wants, which is simply to accept their proposal. We've been asking really,
let us operate the grid, engage directly with santander because of our
operational issues and then submit to the PUC for their regulatory review,
which is their role in the process."
Jules Vasquez
"And then if you could speak out the characterisations that Mr. Tillet who
is the director of electricity. He said words to the effect that BEL is
basically on a high horse and is consistently refusing to accede to the
direction of the regulator. What would be your response to that?"
Dawn Sampson Nunez
"So, I think the position that we have put forward speaks for itself and
actually there is no need to respond directly to that."