Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
    • Business Bites
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • Videos
  • Career & Education
  • Classifieds
  • All Woman
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Design Week
OUR’s bid for Electricity Act amendment hits snag
There is a call for customers who have defected from the grid, but are using LNG to power their operations, to contribute to maintaining the infrastructure. (Photo: Naphtali Junior)
News
BY ALPHEA SUMNER Senior staff reporter saundersa@jamaicaobserver.com  
April 14, 2023

OUR’s bid for Electricity Act amendment hits snag

A push by the Office of Utilities Regulation (OUR) for an amendment to the 2015 Electricity Act hit a snag at Thursday’s meeting of the joint select committee, which is reviewing the legislation.

The OUR is seeking to have only unresolved breaches of agreements between Jamaica Public Service (JPS) and entities licensed to sell the company power, translate to or be deemed a breach of licence.

Under the current relevant section, the licensee or single buyer (JPS) could be at risk for suspension or revocation for such breaches, if an energy portfolio minister so determines.

Section 13 of the Act provides that the portfolio minister may revoke or suspend an electricity licence, where the licensee is a party to an agreement with the single buyer (JPS) for the sale or other supply of electricity to the JPS, and either side breaches that agreement. Currently, a breach of the agreement by either, also constitutes a breach of the electricity licence, held by the licensee or the single buyer.

GREEN…we are going down a rabbit hole. How do you even define unresolved?

The OUR noted in its submission, which the committee reviewed proposals from on Thursday, that these agreements usually make room for the remedying of a breach, and that a contractual breach should therefore not automatically mean a breach of licence.

Government Senator Sherene Golding Campbell and minister without portfolio in the Office of the Prime Minister, Floyd Green, argued that there was no automaticity attached to any decision to suspend or revoke a licence. Golding Campbell insisted that to accept the OUR recommendation would create a regime where agreements can be breached repeatedly, and parties escape penalty, as long as those breaches are remedied.

“I’m proposing that it remains as is, that the minister retains the decision to act if there is a breach, and that the OUR’s proposal not be accepted because it is not the correct view to suggest that there is an automatic revocation or suspension,” she told the committee, which is chaired by Energy Minister Daryl Vaz.

“What is bestowed upon the minister is a discretion. If there is a breach, he may do these things [revoke or suspend]. We are going down a rabbit hole. How do you even define unresolved? It should remain as is,” Green added.

However, senior assistant director for legal reform in the ministry of legal reform and constitutional affairs, Peter Simmonds, pointed out that the issues of the agreement with the single buyer, and the electricity licence itself, were being conflated. “There are two things at play — an agreement with the single buyer for sale or supply of electricity as well as the electricity licence itself,” he said, noting that section 13:1B of the Bill addresses situations where there is a breach of the electricity licence; while the section, which the OUR wants amended, speaks to a breach of the agreement shall constituting a breach of the licence.

He explained that, “What the OUR is saying is that these agreements provide for breaches to be remedied, so where there is an unremedied breach of the agreement, that is where it should be a breach of the electricity licence. In other words, the person who has the agreement with the single buyer must be given the opportunity to remedy the breach before it can be a breach of the electricity licence.”

“OUR is saying that an unremedied breach is what must trigger the discretion, and I am still saying that the discretion ought to remain so that at the end of the day the State can intervene if it needs to intervene,” Senator Golding Campbell asserted, pointing out that the OUR itself would have no room to act if breaches are allowed to go unfettered unless they are unresolved.

At the same time, the current provision also says that this revocation or suspension provision doesn’t apply to an existing licence unless that licence so specifies.

Simmonds stressed that the section would have to be amended so that the parties are allowed time to remedy any breach of agreement, before those breaches are deemed in contravention of the licence, as is now set out in the law.

The committee differed the issue for internal discussions.

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

GHK-Cu: A copper-binding peptide in regenerative signaling and molecular adaptation
Advertorial, Latest News
GHK-Cu: A copper-binding peptide in regenerative signaling and molecular adaptation
July 6, 2026
The expanding interest in small bioactive peptides has brought renewed attention to glycyl-L-histidyl-L-lysine bound to copper, commonly referred to a...
{"jamaica-observer":"Jamaica Observer"}
TEF to introduce alternative pathways to support students
Latest News, News
TEF to introduce alternative pathways to support students
July 6, 2026
ST JAMES, Jamaica — The Tourism Enhancement Fund (TEF) is to introduce alternative pathways to support students, in addition to its existing summer in...
{"jamaica-observer":"Jamaica Observer"}
‘Thank you for believing in me’: Asafa Powell’s emotional farewell to Stephen Francis
Latest News, News
‘Thank you for believing in me’: Asafa Powell’s emotional farewell to Stephen Francis
July 6, 2026
KINGSTON, Jamaica — Retired sprint icon Asafa Powell has paid an emotional tribute to his longtime coach, Stephen Francis, following the legendary tra...
{"jamaica-observer":"Jamaica Observer"}
Cuba suffers new nationwide blackout, third in six months
Latest News, Regional
Cuba suffers new nationwide blackout, third in six months
July 6, 2026
HAVANA, Cuba (AFP) — Cuba on Monday suffered its third nationwide power outage since the start of the year, the state electricity company said. The im...
{"jamaica-observer":"Jamaica Observer"}
Jamaica Council of Churches slams TCN talks, calls for halt to negotiations
Latest News, News
Jamaica Council of Churches slams TCN talks, calls for halt to negotiations
July 6, 2026
KINGSTON, Jamaica — The Jamaica Council of Churches (JCC) is urging the Government to halt negotiations on a proposed agreement with the United States...
{"jamaica-observer":"Jamaica Observer"}
‘No signs’ South Africa xenophobic violence letting up, Nigeria says
International News, Latest News
‘No signs’ South Africa xenophobic violence letting up, Nigeria says
July 6, 2026
ABUJA, Nigeria (AFP) — The situation for foreigners in South Africa is deteriorating, Nigeria's foreign minister said Monday, as anti-immigrant mobs h...
{"jamaica-observer":"Jamaica Observer"}
Cemex reaffirms long-term commitment to Jamaica’s growth and development
Latest News, News
Cemex reaffirms long-term commitment to Jamaica’s growth and development
July 6, 2026
KINGSTON, Jamaica — Chief Executive Officer (CEO) of Cemex, Jaime Muguiro, has reaffirmed the company's long-term commitment to supporting Jamaica's e...
{"jamaica-observer":"Jamaica Observer"}
Chronic Law detained again by US authorities
Latest News, News
Chronic Law detained again by US authorities
July 6, 2026
Popular dancehall artiste Chronic Law, whose given name is Ackeem Campbell, has been detained once again by authorities in the United States (US). Con...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct