What will be the role of the Enterprise Team ?

The news that Phillip Paulwell will no longer have oversight responsibility for the 381 mW  power project was greeted with glee by many and I waited for a week to see if any real questions will be asked of the team.  Having realized none was coming, not even from the opposition, I have decided to take the lead as I have often done on this blog.

  1. What will be the true function of the enterprise  team ?
  2. What will be the role of the OUR?
  3. How will these two team function ie inter-relate?
  4. Who does the OUR report to as it relates to this project, is it the Enterprize team or the Minister.
  5. What does the OUR act speak to in terms of reporting structure ?
  6. What will make this enterprize team different from the EMC

 

Under the OUR act, the only entity that can issue a recommendation for a license for the supply of electricity is the OUR. No other body by law can issue any such license recommendation , so its begs the question, what is will be function of the Enterprise team ?

If one look at the problem we were trying to address, how does the creation of the enterprise team correct this problem ?

The OUR developed and issued the RFP for the project and as far as most of us were concerned, there was no issue with the RFP itself.

The bidding process was for the most part conducted in a transparent manner, with the OUR following all the rules as laid out under their mandate. The problem only came in when the  Minister inserted himself in the process.

So if one should take the minister out and replace him with the enterprise team, what would be different , given what I had mentioned above ?

If the role of the OUR is same as before, what will the Enterprise team,  be really working on and can this not be done by the OUR so long as there is no interference ? ( They did it before)

If the OUR ( as it should) still have do create the RFP, vet the various bids and make a selection based on the information before it, then what really will the enterprise team be doing, since by law they are not empowered to carry out this type of function?

The OUR by law reports not to Cabinet but to the Minister of Mining and Energy and given that they will still be responsible (by law and the OUR act) for the project, will they be now required to report to cabinet and not the Minister.

The OUR act indemnifies the members of the OUR in carrying out their responsibilities unless an illegal act was carried out by any member of that team, what would entail for members of the Enterprise Team ?

Under the Electricity Light Act, only and note ONLY the Minister of Mining and Energy can lawfully issue a license for the provision of electricity. As it currently stands, that Minister is still Phillip Paulwell and so he is really not out of the process as many of us wrongly assumed.

You may suggest to me that he would only be required to sign the license, correct.

Well, let’s talk about this for a brief moment.

Only the OUR can lawfully issue a recommendation for a license to be approved and this recommendation by law MUST be sent to the Minister of Mining and Energy .

The minister, ( using his own words) said under the Electricity Lighting Act indicated he has the power to make changes, modifications, amendments as he sees fit , which is what he did with the license that was given to him by the OUR for EWI.

If that power ( according to the minister) still resides , with minister, what would be different this time around ?

The enterprise team CANNOT recommend a license, they CANNOT sign a license, so how do they make any positive change on the process since that power resides in the same OUR and the same Minister ?

We never got to the actual implementation stage and this is where I believe the Enterprise Team can be very effective.

Unless there are changes to the OUR act and the Electricity Lighting Act, I cannot see how this enterprise team is going to have any sort of impact on the process before it gets to the implementation process ?

One final comment, would Phillip Paulwell not be a part of the cabinet to which the Enterprise team would be expected to report to  and if so, what really would have changed, given that in the Enterprise team would still report to Phillip Paulwell by the mere fact that he is part of the existing cabinet ?

Folks as you can all see by the above questions and by general comments, it appears we have all be suckered into what has been a classic  grand misdirection on the part of the PNP administration, designed to create the illusion that something is happening, when in fact nothing has changed.

This was a very slick move and appeared to have caught everyone off guard except commonsenseja and a few others who are not fool by the swift movement of the feet and the ball at the feet, we have our eyes fixed on the ball and as far as I am concerned, the ball has not moved.

The swift movement of the feet however has caused civil society to lose it balance and has created the opportunity for the PNP to put the ball exactly where they want to.

Brilliant move !

 

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4 Responses

  1. My sincere apologies to Gordon Robinson, as I did not see his article until it was pointed out to me a few minutes ago. I had said no one saw the charade presented in the house last week, but he did . Here is what he wrote.

    http://jamaica-gleaner.com/gleaner/20140511/focus/focus1.html

  2. The ESET will report to and advise the Prime Minister and the Cabinet on the following:

    1) procurement for new electricity generating capacity
    2) the urgent replacement of baseload generation with a more efficient plant that utilizes lower cost fuel and provides reliable and affordable electricity to the country.

    One I can understand, but 2 beats the heck out of me, given that we are doing item #1 by virtue of the facts surrounding #2.

  3. This what the OUR act says under section 4.

    a) regulate the provision of prescribed utility services by licensees or specified organizations

    (b) receive and process applications for a licence to
    provide a prescribed utility service and make
    such recommendations to the Minister in relation
    to the application as the Office considers necessary or
    desirable;

    (c) conduct such research as it thinks necessary or
    desirable for the purposes of the performance of
    its functions under this Act.

    Further the acts says:

    4A. No organization or body of persons shall provide a prescribed utility service without first being issued with a license granted by the Minister to provide such Service

    4B.-(l)An application for a license to provide a prescribed utility service shall be made in the prescribed form to the Office and shall be accompanied by such a non-refundable fee as may be prescribed.

    (2) The Office may, where necessary, require that the applicant provide such additional information as the Office considers necessary for the purpose of considering the application.

    This is the release from the OPM

    The Terms of Reference for the ESET include the management of the procurement process in consultation with the OUR, the JPSCo and the Minister of Science, Technology, Energy and Mining for the development of new electricity generation capacity.

    The role of the OUR in the overall regulation of the electricity sector as outlined in the OUR Act will be maintained.

    The Minister of Science, Technology, Energy and Mining has responsibility for the Energy Sector and will continue to discharge his statutory duties.

    So for those who thought Phillip Paulwell was out of it, think again, the man is right where he has always been, the only change is OUR has another body to “assist” it in its process.

    My question is how on earth does the ESET get us to where we need to be given their role will really be to do what the OUR already did only to have the very same Minister screw it up !

    This is all hogwash to put it mildly !

    No disrespect to the members of the team, but I would NEVER want to be part of any such committee reporting to someone who continues to be a major screw up !

  4. Well as one can imagine, the PNP changed the law to allow the Enterprise team legal status, which proves my comments above were right on the money.

    This is the type of analysis that I expect to see from the many experts in Jamaica, but sadly that is missing.

    I continue to say I am deeply disappointed in the Jamaican Institute of Engineers, who continues to be silent on this mater of national importance, when the fact is their voices should be the loudest, given this is mainly an engineering matter.

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