🔎 OfReg instructed to disclose CUC's fuel and solar reports

The Office of the Ombudsman (OMB) has directed OfReg, the utility regulator, to release two reports produced by the Caribbean Utilities Company (CUC) in their entirety. The 2014 CUC Cost of Service Study and the Incremental Distributed Solar Study (2023) had been withheld following a freedom of information request in April of the previous year. Ombudsman Sharon Roulstone ruled that the documents were not exempt from the law, and also identified a potential conflict of interest. 📑

A portion of the cost of service study, used by OfReg to justify CUC's proposal to increase base electricity rates, was released during the appeal process. OfReg had argued that releasing the reports could harm CUC's commercial interests in a renewable energy generation bidding process. However, Roulstone found that OfReg had not shown how the records were relevant to the bidding process or how their release could harm commercial interests. The applicant had argued that there was no competition for CUC in the electricity sale market, making claims of commercial sensitivity "absurd and simply illogical". Roulstone also expressed concern about the bidding process for renewable energy generation, suggesting that CUC's involvement in designing the request for proposal, while also being an interested party, appeared to be a conflict of interest. 🏭

Roulstone ordered that both documents be fully disclosed, as their release could not reasonably be expected to harm commercial interests or diminish commercial value. She also found that it would be in the public interest to disclose the records. The studies will provide valuable insight into how CUC is granted rate hikes and how it manages its solar programmes. OfReg has until 15 March to apply for a judicial review of the order to release the documents. If no application is made, the reports must be disclosed. A small part of the 2014 Cost of Service Study remains redacted due to personal information. ⚖️