Back in May 2009 we underscored the The Important Role Of The Intervenor At FTC Hearings as advocates for the PEOPLE. The fact they are not paid and are expected to engage corporate entities with significantly more resources makes the Intervenors heroes in our eyes.
The long awaited BL&P Hearings under the aegis of the Fair Trading Commission commences tomorrow (2009.10.07), from 9.30AM at the Lloyd Erskine Sandiford Centre. The Hearing is expected to continue week-days until 2009.10.23.
The Intervenors are:
– Barbados Association of Retired Persons Inc.
– Barbados Small Business Association
– Barbados Association of Non-Governmental Organisations (BANGO)
– Barbados Consumers Research Organisation Inc.
– Dr. Roland R. Clarke.
– Mr. Errol Niles.
– Mr. Douglas Trotman.
– Canbar Technical Services Ltd.
– Sentinel Group Caribbean Inc.
BANGO has promised to record the hearings as is practicable and make available for the PEOPLE for following. We wish all of the Intervenors the very best. Many of us talk but few are forced to act.
Barbados Underground 
@ROK, I’m no lawyer, but I do not see how one can establish ‘fair’ and ‘reasonable’ if issues are looked at from only one side. I go to the reported comments by the US consultants. Perhaps there is another bloc of studies due on how consumers would be affected. I say that believing that no such thing exists. I would have thought that while the government could not dictate the details of BL&P’s studies, it would have ensured that the minimum was there to get to the desired results. Have I missed something?
The Burden of Proof
BU would have made earlier comments on this blog which suggested a conflict of interest by Mathew Farley in his role as a talk show host and moderator and the fact his daughter was the beneficiary of a scholarship which BL&P played a part.
As always we are happy when members of the BU family offer clarifications in the interest of truth and in the process we are happy to apologize to all concerned who would have been unfairly described in the matter.
See communication received on the matter:
BANGO seems to be streaming again:
http://www.ustream.tv/channel/ngo-news
We find it incredible the FTC Commission would not want to give the Intervenors an interval to consider the highly technical cross examinations which would have occurred over the last 12 days. Who will protect the consumers, the FTC? Anyone remember the Intervenors is a volunteer force?
The point about all the affidavits and other documents filed being available and suggesting that this would pre-empt the need for the FTC to provide timely transcripts of the proceeding so far is archaic thinking of a high order. For Chairman Nicholls to take refuge in a Utility Procedure when he has discretion as Chairman to determine what is a reasonable position in the circumstances is disappointing to say the least. It is clear the perception by many (Barbadians) of the FTC is that it is NOT rigorously advocating and protecting the interest of the consumer. Is their recourse to government (Minister David Estwick) in this matter? Is their a role for the Opposition of Barbados (Mia Mottley) to play a role in the interest of Barbadians?
It is obvious the BL&P side would be ready to close tomorrow given the resources at their disposal. Shouldn’t the FTC seize the role of balancing the equation in the interest of Barbadians consumers?
Day 12 (the last day of cross examinations) — a single marathon session!
http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_12_20091022_1_of_1.wma
I agree with your immediate above completely David. I personally think the Chairman made one or more grievous errors today… Public perception, and possibly legal…
Anyone interested should listen to today’s recording starting from 03:07:00…
If you can, watching tomorrow’s stream might be entertaining. The session starts at 1000….
@Chris
Listened and watched with interest the exchanges between Public Counsel, Douglas Trotman and ROK with the Chairman.
BU would suggest the Intervenors as a collective have an opportunity to make a statement which should shock Barbados.
Enter tomorrow, restate your position regarding time to study the transcripts and if there is no satisfactory response, WALKOUT in protest!
@David…
Without telegraphing…
The Intervenors have a meeting amongst ourselves tomorrow morning before the Hearing begins for closing statements to debate and decide what our collective response to this outrageous injustice will be…
There’s a chance tomorrow’s stream will be good “telly”….
I am not convinced that many Barbadians care, know of or even understand the reason for the good work that you are doing. Starcom has been giving ample time to callers who have comments (the silliest in recorded history) that support BL&P’s position. The moderators are unequipped to correct the simpletons and I gotta tell yah it appears that there is a sizeable sentiment that does not look good…! The media is doing the barest minimum to educate people. Damn Mascoll for saying that the company deserves “something”.
Be as animated as you want but I am not sure that you will get the response that you are looking for.
I agree wid Rihanna… Bajans mek mah shame!
Will the commissioners be paid out of retained earnings? A reward is being offered for the correct answer!
Day 13. The last day of the hearing…
First to two recordings.
http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_13_20091023_1_of_2.wma
This contains the protests by the Intervenors and the Chairman’s responses to same. Then the closing statements by the BL&P lead council….
The second of two recordings.
http://www.ideas4lease.com/reports/ftc/blp_rate_hearing_day_13_20091023_2_of_2.wma
These are the closing statements by all the Intervenors with the exception of Mr. Toft of CANBAR, Mr. Halsall of BANGO, and Mr. Trottman who refused to submit oral presentations as a protect.
The Chairman then declares the Hearing ended.
I was told by the FTC’s General Legal Counsel that the FTC hopes to have a decision by December 15th.
The transcript for Day 7 (2009.10.15) as provided to me in electronic format this morning via e-mail at 2009.10.23.0958.
Interestingly, the Day 7 transcript has been provided in two parts — the “Title Pages”, and then the actual transcripts themselves. I suspect this is to ensure that the numbering between the electronic versions, and the paper versions provided by the FTC, agree; this was not the case previously.
Click to access blp_rate_hearing_day_7_20091015_transcript_cover_pages.pdf
Click to access blp_rate_hearing_day_7_20091015_transcript.pdf
ROK & Chris
Would be good to get your feedback on the decsion by the FTC to allow the review request by the Barbados Consumers Organization which is led by the vilified Malcom Gibbs-Taitt,
@David
You think the FTC was wrong to allow the review because it was BARCRO? Actually both BANGO and BARCRO was supposed to file for a review but we allowed BARCRO to go ahead.
Right now the pain of rate hearings is beginning to tell financially. We still have a lot of work to do, so it is a question of not going into burn out. It would be good to get contributions for the work Intervenors are doing. Afterall, everybody is benefiting because if we were not there, these companies would get away with a lot more.
More than ever we lose when we are not able to follow-up; as is the case right now and in the case of the Price Cap with C&W. They have the edge on us because they get paid to work on this full time. We have to do it “by the way” and still reaping success, so if we had backing we would come out a lot better.
@ROK
Agree that you guys should be paid. All of you should ask VOB to allow you to come on the callin program to promote the launch of a fund to finance your work. It is an injustice that you guys have to suffer such indignity while doing the work of the people.
@David et al…
Or perhaps we all might simply hope (and expect) the Government to do their job properly….
Cost decision in the BL&P Rate Hearing:
Click to access 2010-11-17_commission_decision_in_the_application_for_costs_by_intervenors.pdf
Break this down ROK.
The consideration for reimbursing the Intervenors who submitted claims was based on whether they hired consultants?