The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Environmental activists are seeking a Supreme Court Order that will force the Government to disclose the management agreement signed with PowerSecure International for Bahamas Power & Light (BPL).

The Coalition to Protect Clifton Bay, in a June 6, 2016, summons, wants the court to also Order the production of numerous documents related to BPL/BEC’s oil pollution mitigation efforts at Clifton Pier, and contracts with various environmental consultants.

However, top of the Coalition’s list is the February 9, 2016, management services agreement between the Government and PowerSecure “for the management, operational control and responsibility for all electricity generation, transmission, distribution, procurement, and the safe and reliable operation of the BEC facilities”.

Neither that agreement, nor PowerSecure’s business plan for BPL, the Bahamas Electricity Corporation’s (BEC) newly-formed operating subsidiary, have been disclosed as yet to the Bahamian public and business community.

BPL had called a press conference to discuss its business plan, but this was cancelled just days before its proposal for a ‘base rate’ increase - which the Christie government subsequently rejected - was leaked out.

Legal documents obtained by Tribune Business suggest that the Coalition and its attorneys, Callenders & Co, filed the June 6 summons after becoming frustrated at what they perceived as ‘stalling’ by the Government over document discovery.

Deidre Henfield, a Callenders & Co legal assistant, alleged that the Coalition filed a May 3, 2016, notice asking to inspect, and obtain copies of, numerous documents referred to in affidavits sworn by BEC and government officials.

Ms Henfield alleged that the Government respondents to the Coalition’s Judicial Review action had seven days in which to respond, stating which documents could be inspected, and where and when, and listing those it objected to producing.

The Attorney General’s Office first asked for an extension of the time to respond to May 23, which the Coalition agreed to. It then requested another extension to May 30, on the grounds that it ‘has drafted a response’ and was awaiting ‘approval for formal submission’.

The Coalition, Ms Henfield alleged, agreed to the second extension, but warned that if the May 30, 2016, deadline was not met, it would likely seek the Supreme Court’s assistance “to progress the discovery application”.

May 30 came and went, she claimed, without a single document being produced.

Among the documents being sought are the Government’s November 17, 2015, contract with CH2M Hill/Halcrow (Bahamas) for an assessment about how oil that has leaked from BPL’s Clifton Pier plant can be remediated and recovered.

David Cates, an under-secretary in the Ministry of the Environment and Housing, said in an April 15, 2016, affidavit: “CH2M was engaged to develop a budgetary estimate for a cost-effective site assessment plan based on a conceptual strategy for the on-site source....”

The Coalition wants to evaluate CH2M’s assessments and subsequent recommendations, and its budgetary estimates.

It is also seeking Supreme Court permission to access the 2014 contract between the Government and Overseas Marine Group for the installation of oil containment booms and other services, and the agreement with G&N Environmental Solution for inspection of the pollution mitigation efforts.

Further contracts between the Government and Morgan Oil Bahamas, RAC-REMPEITC CARIBE, and Coastal Systems International are also deemed worthy of viewing by the Coalition.