patw
09-22-2010, 05:41 PM
BEC chairman: Full steam ahead on Wilson City power plant
9/21/2010
LEDEDRA MARCHE
Senior FN Reporter
lededra@nasguard.com
Now that the Supreme Court has dismissed the judicial action against the Bahamas Electricity Corporation's multi-million dollar Wilson City power plant, the corporation's chairman Michael Moss said yesterday work on the project is moving full steam ahead.
"We are elated with the ruling that has been handed down,"he toldThe Nassau Guardian.
"In terms of the way forward, we are continuing with the work at Wilson City and we are hoping to have a formal takeover of the power plant certainly by not later than mid to late November."
Responsible Development for Abaco(RDA)filed a suit in Grand Bahama against the prime minister, the ministers of the environment, health and public works and transport, the South Abaco District Council, and the attorney general in December 2009 regarding the$105 million power plant in Wilson City, Abaco.
The group had claimed residents were not consulted and permits obtained back in October of 2009 were done so in secret.
Government signed the contract in December 2007.
RDA had also applied for an injunction to stay any further work, but, up to that point, was denied.
The group had maintained that the move was an attempt by the residents to get the government to recognize and acknowledge that residents should have a say and a right to be consulted in all of the permit applications being made to the relevant authorities.
All sides initially met before Justice Hartman Longley in April of this year for what was to be the start of the judicial review, but at that time had been given time to find common ground.
Justice Longley ruled last week that the group should have brought the judicial review proceedings sooner, at least by June of 2008 or November 2008 at the latest.
"In the circumstances, the applicants had until six months after the date of the signing of the contract to bring their application or risk being put out of court for being too late. It is common ground that they did not do so within that timeframe,"the judge ruled.
Justice Longley also found on the evidence that the applicants had knowledge of the decision to build the plant and did not bring the application until more than 18 months later when construction had already commenced.
Also, finding that the applicants offered no good reason to extend the time, Justice Longley revealed that he was dismissing the application on the grounds of delay.
"In the circumstances, there is no good reason offered to extend the time. I would therefore dismiss the application for the judicial review on the basis of delay,"the judge ruled.
Yesterday, Moss said one of the engines at the plant has been run up to full load.
Two of the engines have been run up to three quarters of their load and a fourth engine is yet to be run, he said.
"We anticipate that the fourth engine will be run for the first time sometime within the next week,"he said.
"Once all four engines have been run and checked out at full load, then the units will be subjected to what can best be described as a stress test."
Moss explained that will involve running each of the engines at actual load for a 30-day period to ensure they are capable of continuously running at maximum load if called upon to do so.
According to Moss, the plant should have been operation several months ago.
"We're not back on track, but certainly it feels good to have that gray cloud removed from over our heads and feeling comfortable that we can now complete this project and get it put behind us,"he said.
RDA attorney Fred Smith noted previously that the main thrust of the case was to ensure that the power plant was built in an environmentally safe manner that did not threaten the water table, the blue holes and the unique system of underwater caverns which help ensure Abaco's clean drinking water.
The Nassau Guardianwas unable to reach Smith for comment yesterday as he was said to be out of the country.
In his ruling, however, Justice Longley noted that RDA had drawn attention to the fact that the construction was going ahead without the necessary permits and the fact that many procedures were ignored or bypassed.
"In one instance,"Justice Longley pointed out,"a stop work order had to be issued so that the proper permits could be obtained."
Justice Longley also opined that RDA's role was"very constructive"and that their participation should be welcomed by the respondents, and cause a review of the protocols for the future when projects like the Wilson City power plant are put on the drawing board.
"There is no question that had they not highlighted the fact that necessary permits were not obtained which probably brought embarrassment to the respondents, the project might have been moving along in the words of Mr. Smith as a runaway train. Even now the project is proceeding with conditional approvals in some cases,"he ruled.
9/21/2010
LEDEDRA MARCHE
Senior FN Reporter
lededra@nasguard.com
Now that the Supreme Court has dismissed the judicial action against the Bahamas Electricity Corporation's multi-million dollar Wilson City power plant, the corporation's chairman Michael Moss said yesterday work on the project is moving full steam ahead.
"We are elated with the ruling that has been handed down,"he toldThe Nassau Guardian.
"In terms of the way forward, we are continuing with the work at Wilson City and we are hoping to have a formal takeover of the power plant certainly by not later than mid to late November."
Responsible Development for Abaco(RDA)filed a suit in Grand Bahama against the prime minister, the ministers of the environment, health and public works and transport, the South Abaco District Council, and the attorney general in December 2009 regarding the$105 million power plant in Wilson City, Abaco.
The group had claimed residents were not consulted and permits obtained back in October of 2009 were done so in secret.
Government signed the contract in December 2007.
RDA had also applied for an injunction to stay any further work, but, up to that point, was denied.
The group had maintained that the move was an attempt by the residents to get the government to recognize and acknowledge that residents should have a say and a right to be consulted in all of the permit applications being made to the relevant authorities.
All sides initially met before Justice Hartman Longley in April of this year for what was to be the start of the judicial review, but at that time had been given time to find common ground.
Justice Longley ruled last week that the group should have brought the judicial review proceedings sooner, at least by June of 2008 or November 2008 at the latest.
"In the circumstances, the applicants had until six months after the date of the signing of the contract to bring their application or risk being put out of court for being too late. It is common ground that they did not do so within that timeframe,"the judge ruled.
Justice Longley also found on the evidence that the applicants had knowledge of the decision to build the plant and did not bring the application until more than 18 months later when construction had already commenced.
Also, finding that the applicants offered no good reason to extend the time, Justice Longley revealed that he was dismissing the application on the grounds of delay.
"In the circumstances, there is no good reason offered to extend the time. I would therefore dismiss the application for the judicial review on the basis of delay,"the judge ruled.
Yesterday, Moss said one of the engines at the plant has been run up to full load.
Two of the engines have been run up to three quarters of their load and a fourth engine is yet to be run, he said.
"We anticipate that the fourth engine will be run for the first time sometime within the next week,"he said.
"Once all four engines have been run and checked out at full load, then the units will be subjected to what can best be described as a stress test."
Moss explained that will involve running each of the engines at actual load for a 30-day period to ensure they are capable of continuously running at maximum load if called upon to do so.
According to Moss, the plant should have been operation several months ago.
"We're not back on track, but certainly it feels good to have that gray cloud removed from over our heads and feeling comfortable that we can now complete this project and get it put behind us,"he said.
RDA attorney Fred Smith noted previously that the main thrust of the case was to ensure that the power plant was built in an environmentally safe manner that did not threaten the water table, the blue holes and the unique system of underwater caverns which help ensure Abaco's clean drinking water.
The Nassau Guardianwas unable to reach Smith for comment yesterday as he was said to be out of the country.
In his ruling, however, Justice Longley noted that RDA had drawn attention to the fact that the construction was going ahead without the necessary permits and the fact that many procedures were ignored or bypassed.
"In one instance,"Justice Longley pointed out,"a stop work order had to be issued so that the proper permits could be obtained."
Justice Longley also opined that RDA's role was"very constructive"and that their participation should be welcomed by the respondents, and cause a review of the protocols for the future when projects like the Wilson City power plant are put on the drawing board.
"There is no question that had they not highlighted the fact that necessary permits were not obtained which probably brought embarrassment to the respondents, the project might have been moving along in the words of Mr. Smith as a runaway train. Even now the project is proceeding with conditional approvals in some cases,"he ruled.