Petition against GPL tariff hike discharged
Costs fixed at $75,000
Stabroek News
April 9, 2003
The petition challenging Guyana Power and Light's (GPL) tariff increase was yesterday discharged and costs fixed in the sum of $75,000 after the court held that the power company acted within the terms of its licence and according to the principles governing the 1999 Electricity Sector Reform Act (ESRA).
"I find that at all material times, GPL acted within the ambit of its licence and the regulations of the ESRA Act. I therefore find that GPL on January 31 was operating as a private company and [thus] the forementioned decision is not subject to judicial review," Justice Jainarayan Singh Jnr stated.
The judge told the court he is confined to the facts and situations which prevailed at the time when Justice Gregory-Barnes, on the application of consumer advocate Ramon Gaskin, granted a nisi order for GPL to show cause why writs of certiorari and prohibition should not be issued quashing its decision to increase rates and restraining the hike, respectively.
Further, according to Justice Singh Jnr, the respondent company is a limited liability company operating under a licence and when the action was filed AC Power controlled considerable financial investment with some degree of government input but GPL was operating as a private entity.
It was noted too that the court is confined to the affidavit and its contentions therein as sworn to by the applicant, and the court found there was no contravention of any of the stipulations of either the licence or the Act.
Justice Singh Jnr pointed out that subsequent to the AC Power pullout from the GPL investment, he had advised Gaskin's attorney Khemraj Ramjattan that the best course of action would be to withdraw the application and file new proceedings relevant to the current circumstances but the latter opted not to do so.
GPL's interest was represented by Senior Counsel (SC) Rex McKay and Miles Fitzpatrick in association with lawyer Timothy Jonas.
