Press Release – URCA Establishes Alternative Dispute Resolution (ADR) Scheme for Disputes between Licensees and Independent Power Producers of Electricity in The Bahamas
(NASSAU, THE BAHAMAS) The Utilities Regulation and Competition Authority (URCA) has set out the procedure of how it will receive and resolve disputes referred to it by licensees and/or Independent Power Producers (IPPs) as mandated under Section 40 of the Electricity Act, 2015 (EA).
URCA’s proposed ADR Scheme specifically addresses unresolved disputes between licensees and IPPs escalated to the regulator. The document outlines those disputes must first go through a mediation process, followed by binding arbitration if there remains an unresolved issue. Appeals in relation to arbitration decisions will be subject to appeal to the Supreme Court of the Commonwealth of The Bahamas.
It is widely accepted that industries in possession of a well-structured, robust and transparent set of schemes and procedures for the timely and effective resolution of disputes stand to benefit from such measures. URCA’s ADR Scheme and Draft Rules will be periodically reviewed and amended as appropriate in light of further industry experiences, developing law and best practice, and any changes made to the independent regulator’s powers and responsibilities.
In June 2019, URCA published its initial consultation document seeking the views from members of the public, licensees and interested parties in relation to establishing an ADR Scheme for the Electricity Sector (ES). Due consideration has been given to feedback received and summaries of respondents’ comments, along with the regulator’s responses to them can be found in the document.
URCA will carefully consider any additional comments and submissions received within thirty (30) calendar days following the end of the consultation period and intends to issue a Statement of Results and Final Determination (with accompanying ADR Guidelines).
The deadline for responses to the consultation document is Monday, 9 August 2021. A copy of the document can be downloaded at www.urcabahamas.bs.
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MEDIA CONTACT:
Mavis Johnson Collie
Corporate and Consumer Relations Manager
Utilities Regulation & Competition Authority
Telephone: (242) 396-5201
Email: mjcollie@urcabahamas.bs
Fax: (242) 393-0153
