PSC Responds to CIF – Update
(Editor’s Note: This article has been updated after further review of the PSC response to our inquiry about the notification of the AEG public hearings going on yesterday and today. CIF is challenging the premise of the PSC response and has updated this post to highlight the discrepancies.)
Crucians In Focus (CIF) has received a response to one of the letters sent to the Virgin Islands Public Services Commission (PSC) concerning the upcoming hearings on the Alpine Energy Group (AEG) agreement with the VI Water and Power Authority (WAPA).
The letter, from PSC General Counsel Tanisha Bailey-Roka, Esq., is attached in its entirety. However, there are a few points CIF would like to clarify as our reading of the Code differs significantly from the response we have received.
In its letter dated October 2, (attached) CIF questioned whether the PSC had lawfully notified the public that hearings on the AEG agreement were taking place on October 5-6, citing the 15-day notice provisions in Title 29 of the Virgin Islands Code. In its response, the PSC claims the hearings are not subject to Title 29 but to Title 30. We challenge this assertion based on the following review.
The Title 30 (attached) says that once the PSC has received a complaint against the utility, it must notify the utility and that a hearing to address the complaint must be scheduled 10 days after such notification. These complaints can address issues such as rates or services and can be initiated by an individual, a company or the PSC itself.
There is no complaint involved in the AEG issue – this is a request from WAPA to the PSC for approval of the AEG agreements. Therefore, we fail to see how WAPA’s request to the PSC to approve the AEG agreements falls into this category, and question why Counsel would quote Title 30 to address the question of adequate public notice of the Alpine hearings.
The letter goes on to state “Further, please find attached to this correspondence for your review a copy of the extensive media list that the PSC’s notice of hearing was sent to for publication on October 25, 2009. (top of page 2, PSC response, attached)
Unless Counsel is telling us that the PSC has asked this “extensive media list” to publicize the hearings after they are held on October 5-6, this must be a mistake, and Counsel should take more care when responding to inquiries.
But let’s say, for the sake of discussion, that Counsel meant to say September 25 was the desired publication date. The notice attached (page 4, PSC Response) was sent at 9:14 p.m. on Friday, September 25 so realistically, any public notice would not have been given before Monday, September 28 – which falls short of even the 10-day deadline claimed under Title 30.
Counsel has also misstated that CIF accused the Commission of failing to properly identify the location of the St. Thomas hearing scheduled for October 6. No we didn’t. CIF’s concern was that the October 1 notice in the Virgin Islands Daily News gave the incorrect location for the session.
Lastly, Counsel provides a lengthy explanation of the Commission’s responsibility regarding public access to documents, emphasizing that there is no “legal mandate” for the Commission to provide free access to this information in their offices or any requirement to post documents on their website.
While Counsel is correct on this point, this practice complies with the letter, but not the spirit of the public access law.
Our concern is that the only public access to the relevant documents is, according to the PSC press release, in the PSC offices on St. Thomas and St. Croix, during business hours, and that residents who wish to have copies of the information have to pay for it.
In this information age, wouldn’t it make more sense to provide this information one time on a website, allowing unlimited access to all who want it, rather than tying up an employee who must stop and make copies for anyone who wants to review the records? Furthermore, the documents are only available for review during business hours, so working residents have little if any opportunity to review the information.
And, as a side note, why are these official notices being sent via private email addresses? Both the email attached here to Counsel’s letter and an email CIF published last Wednesday (showing that the release was mailed to media on September 29) are from non-official email accounts. Official notices should be sent from an agency or Commission mailbox and mailing lists should be managed internally for consistency and to provide an audit trail. The mailing lists on the two emails we reference here differ substantially. We also note that there is no date on the PSC press release announcing the hearings. Just wondering…
So, Ms. Bailey-Roker, Esq., thanks for the feedback. But in the law, as in life, the devil is in the details. As a community, we hope your review and evaluation of other documents that come to you for consideration is more thoughtful and accurate than your response to our letter.
That sounds like a challenge!!!!
I wonder if PSC Attorney Bailey-Roka and WAPA Director Hugo Hodge were reading from the same script. I heard Director Hodge make the exact same error this morning on Jimmy in the Morning. He stated that the PSC sent out their press release on Oct 25, a date that hasn’t arrived.
PSC ATTORNEY BAILEY-ROKA, YOU MADE A BIG MISTAKE BY INCLUDING WHO “ALLEGEDLY” RECEIVED THE PSC E-MAIL DATED SEPTEMBER 25, 2009, AT “9:14 PM” ON A “FRIDAY NIGHT”.
THE PROBLEM WITH THIS E-MAIL IS THAT THE SENDER, IVERINE HEDRINGTON, SENT THIS E-MAIL WITH A NOTE THAT CLEARLY SAID “FOR YOUR INFORMATION.”
FOR YOUR INFORMATION DOES NOT REQUIRE ANY OF THE ADDRESSEES TO TAKE ANY “ACTION”. THE PSC CLEARLY HAS FAILED IN ITS OBLIGATION TO NOTIFY THE PUBLIC IN ITS ALLEGED “10” DAY TIME FRAME. THIS E-MAIL DID NOT NOTIFY THE “PUBLIC” OF ANYTHING. THE E-MAIL WENT TO A LIST OF INDIVIDUALS ONLY FOR “INFO” AND NOT THE PUBLIC.
IT WAS THE PSC RESPONSIBILITY TO TAKE “ACTION” ON ITS PRESS RELEASE AND ENSURE THAT THE PUBLIC WAS PROPERLY NOTIFIED ACCORDING TO THE PSC STATED VI CODE. THE PSC HAS CLEARLY VIOLATED A VI CODE THAT IT MENTIONED IN ITS RESPONSE.
IF ALL OF THESE INDIVIDUALS GOT THIS E-MAIL FROM SEPTEMBER 25, 2009, WHY THEN IS THE VIRGIN ISLANDS PUBLIC LEARNING ON 1 OCT OF THIS PSC HEARING. HUGO HODGE IS ALSO COPIED ON THE PSC SEPTEMBER 25, 2009 E-MAIL. WHY DID HUGO HODGE WAIT UNTIL OCT 2 (8 DAYS LATER) TO RELEASE HIS WAPA PRESS RELEASE?
THESE PUBLIC SERVANTS REALLY BELIEVE THAT THE PUBLIC THEY SERVE ARE STUPID.
I WILL SAY THIS MUCH; THE PSC IS SPINNING A BOLD FACE LIE AND HAVE MADE A TOTAL JACKASS OF THEMSELVES.
CLEARLY, THE PSC HAS MADE A TERRIBLE MISTAKE “AGAIN” BY FORWARDING THIS SOLID EVIDENCE TO CIF. THE PSC HAS CLEARLY PROVEN ITS OWN GUILT IN THIS MATTER.
THANK YOU CIF FOR POSTING THIS INCREDIBLE EVIDENCE AGAINST THESE “PUBLIC SERVANTS”.
PSC YOU HAVE GOT SOME SERIOUS PROBLEMS ON YOUR PLATE.
Its only a matter of time before they discover who from Wapa is bound to benefit from this deal. They can keep thinking people are stupid and naive but time will tell. And what about a person in Department of Justice who will also benefit from this deal. This is clearly the most corrupted administration to date. Not to mention they control the majority in the Senate. From Senate President right down. Has anyone heard the majority speaking out these days? Only Senator Neville James with his phony argument about being against the Governor. We are not fooled on this. As for Senator Hill, your reputation and credibility is in serious question. The Governor has all of them in check. Not a good situation for the people of the Virgin Islands.
I was wondering, does anybody knows how the PSC hearing went last night?
Ya…..the Alpine guys got to talk to the crowd of 60 AGAINST the project to sleep for 3 hours. Hodge and Cornwall told us all we need to sit and spin and swallow the deal or, basically, all suffer as a consequence. Alpine, remember they are ONLY consultants and not actually DOING the project but taking a cut, showed up apply dressed in black liken to a funeral, which was appropriate given the circumstances.
The participants who spoke in protest got 3 minutes to speak!
The PSC, Hodge, Cornwall and deJongh have been paid off big time.
WOW! Those people must have visited this website!
Did anyone hear the exchange between Recon and Jean Greaux? I can’t beleive Greaux made such a spectacle of himself. He fell right into a trap, by questioning Recon’s motive and character. It appears that Jean Greaux and the Governor are compulsive liars and continue to get caught in these vicious lies. I don’t think the people forget Jean and the Governor said no public funds were used for his self enrichment. So are we to beleive they are not enriching themselves with Alpine as well? I smell a fish and it stinks. I won’t be surprise this turns out to be another project to rape the Virgin Islands of badly needed funds. Its all about the money and this makes me sad and should make all of us sick to our stomach.
Dennis,the nerve of Jean Greaux to talk about Recon’s character.This is the same Jean Greaux who try to mislead the public about the Mafoliegate scandal.Everything that Recon have said thus far is coming to light,and can be back up with facts.Jean Greaux is now singing for his supper ,but it’s too late for that now,the world already knows the truth about this CORRUPT ADMINISTRATION.When it’s all over,not even DEWOLF can save you Mr.Greaux.
UPDATE FROM PSC MEETING – just got info that Alpine just admitted it has never managed a project that uses PETCOKE. Meeting still in session.
THE PSC APPROVED THE ALPINE AGREEMENT WITH WAPA IN SPITE OF TESTIMONY AGAINST TH PROJECT!!!
http://stthomassource.com/content/news/local-news/2009/10/07/psc-votes-move-ahead-trash-power-plants
Once again ladies and gentlemen another project Mr. Dewolf has forced on the territory. This seems to be a common trend for this administration who claimed during election time that he is there for the betterment of the people. Which infact he is there for the betterment of his pockets.
I beg of you 2010 dont be shortminded of all the so call projects, the hiring when there was supposed to be no available funds for those in desperate need of jobs, tower construction, the juan luis hospital contract Cecile has, the mofilegate contruction, the invasion of individuals personnel information, and this new deal Alpine .
If we give this clown another four years just imagine what other deals him and his hinch men can come up with.
2010 no Dewolf
Like Joe Wilson said, GOV. DEJONGH LIED.
I nominate the entire PSC for a DemMansay Jackass of the Month award
The vote was in the bag BEFORE the two meetings. The PSC got paid before the vote……like two year’s ago when ALPINE was just a thought……..they been around two years to submit to the RFP. Get real. We all not dumb to the corruption of the Hugo, Cornwall, deJongh bank accounts.
Is this any indication why de Wolf hasn’t release his financial statement to the public.
As an observer to the process of Alpine, Diageo, and the beat goes on, these corrupted public officials have gotten to a point where they fear no prosecution.