FTC rate motion may be ‘symbolic’

It is important to manage the expectations of consumers as they await the result of a motion for a review of the latest decision by the Fair Trading Commission (FTC), says the Barbados Consumer Empowerment Network (BCEN).

And while the organisation supports the principle of the motion brought by attorney Tricia Watson and chartered accountant David Simpson, it fears it could become symbolic rather than achieve any real change.

The FTC approved an application for the Barbados Light & Power’s use of the Fuel Clause Adjustment to recover rental and operating costs of 11 megawatts (MW) of Temporary Aggreko generator units.

It is scheduled to take effect one month from the October 29 date of approval for 12 months and Watson and Simpson are calling for a pause pending the review.

“I have appealed this decision because it is decidedly in the public interest that such a bad and technically wrong decision, one that will set dangerous precedent that will work against the consumers’ and indeed the country’s interests, must not be allowed to stand,” Watson said.

BCEN says the success of the motion is heavily dependent on the evidence.

“BCEN believes that filing the motion is reasonable only [if] the Watson team presents compelling evidence of procedural or substantive errors in the FTC’s decision.

On the issue of the stay request, in order for it to be effective, it has to be supported by strong evidence of irreparable harm to consumers, such as the increased burden during the festive season and early 2025,” a statement said.

“Providing proof in such cases is usually an uphill battle, not impossible, but arduous. Moreover, if the grounds for challenging the decision are determined to be weak, then the motion will not be successful.”

The BCEN encouraged consumers to manage their expectations – as well as their spending – and stay informed.

“Even if immediate relief is unlikely and the motion is unsuccessful, BCEN regards the motion as advocating for greater transparency and fairness in future FTC decisions,” the organisation noted.

(PR/SAT)

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