Independence, accountability, fairness and transparency are the cornerstone of good governance, and this is essential to the way we deliver services to our customers. The Energy and Utilities Commissioner, as the regulator of public utilities, has a critical role in overseeing the electricity sector and balancing the interests of all stakeholders, including customers, the government, and the utility.
In 2023, FortisTCI became aware of the Energy and Utilities Commissioner’s private business interests as the owner of two registered energy solutions companies, one in the Bahamas and one in Turks and Caicos Islands, both offering the sale and installation of renewable energy systems. We believe that this presented an apparent bias between his private interests and his responsibilities while serving as the regulator in the energy and utilities sector.
FortisTCI brought the matter to the attention of Her Excellency the Governor in the first instance, and then later applied for a judicial review. The application, filed in November 2023, requested the Supreme Court of the Turks and Caicos Islands to consider whether the Commissioner’s private business interests in an energy company presented an apparent bias with his duties as the energy and utilities regulator. The application also requested that the Governor reconsider the Commissioner’s appointment and continuing role as the energy sector regulator in light of that apparent bias.
Leave was granted for the judicial review in May 2024, and the judicial hearing took place on June 20, 2024. The Supreme Court dismissed FortisTCI’s judicial review application on July 19, 2024. The Company is reviewing the Court’s decision and is awaiting the written ruling.
FortisTCI President and CEO Ruth Forbes said, “The customer is at the center of everything we do, and good governance in our business and in the regulation of the energy sector, is paramount to delivering a reliable, least-cost and sustainable electricity service to the Turks and Caicos Islands. Energy is vital for social and economic development. FortisTCI remains committed to fostering a constructive relationship with the TCI Government and the Energy and Utilities Department.”
