Standards of Service for the Barbados Water Authority (BWA) 2023 – 2025

• Jurisdiction: Barbados
• Court: Fair Trading Commission (Barbados)
• Judgment Date: 12 December 2022
• Docket Number: Document No.: FTCUR/DECSOS/BWA-2022-10

Standards of Service For the Barbados Water Authority (BWA) 2023 – 2025

Document No.: FTCUR/DECSOS/BWA-2022-10

FAIR TRADING COMMISSION

DECISION

Table of Contents

Section 1 Summary	4
Guaranteed Standards of Service	5
Overall Standards of Service	5
General Administration	6
Section 2 Introduction	7
2.0 Background	7
Section 3 Legislative Framework	8
3.1 The Commission's Authority to Establish Standards of Service	8
3.4 Non-compliance with Standards of Service	10
3.5 Specific Exemptions	12
3.6Consultation and Hearing Process	13
Section 4 Water Sector	15
Section 5 The Determination	16
5.0 Policy Decision	16
5.1 Guaranteed Standards of Service for BWA	17
Guaranteed Standards of Service Definitions and Specific Exemptions	21
5. 2 Compensatory Payments Claim Procedure	27
5.3 Overall Standards of Service for BWA	28
Overall Standards of Service Definitions and Specific Exemptions	30
Section 6 General Exemptions	37
6.0 Force Majeure	37
6.1 Other Exemptions and Conditions	38
Section 7 Reasons For Proposals	40
7.0Written Submissions of Intervenors	44
7.1 Detailed Analysis of Submissions by Intervenors	44
Section 8 Administration	55
8.0 Monitoring and Enforcement of Standards	55
8.1 Public Disclosure of Information	56
8.2 Public Education	56
8.3 Implementation and Review	56
Appendix 1	57
Table 5 — Drinking Water Testing Sampling Regime	57
Table 6 — Drinking Water Quality Standard	58
Appendix II	61
Table 7 — Domestic Waste End of Pipe Standards	61
Table 8 — Petroleum Hydrocarbons End of Pipe Standards for Class 1 Water	62

Section 1 Summary

1 In May, 2021, the Fair Trading Commission (the “Commission”) commenced a review of the Standards of Service for the Barbados Water Authority (the “BWA”) for the period 2018 – 2020 (as outlined in a Decision on the Standards of Service for BWA issued by the Commission on May 31, 2017).

2 Standards of Service are an important mechanism for ensuring that the utilities which the Commission regulates, including BWA (the entity with responsibility for the supply of potable water and the treatment and disposal of wastewater), provide safe, efficient and reliable service to its customers. Intermittent review of the Standards of Service (SOS) by the Commission is essential in determining the appropriateness of such standards, and where applicable, making consequent amendments to same, to facilitate improved performance.

3 The Commission initiated its review of the Standards of Service for BWA for the 2018–2020 period by issuing a Consultation Paper 1 which outlined the Commission's proposed changes to the BWA's Standards of Service and invited service providers, representatives of consumer interest groups, the general public and other parties with an interest in the matter to submit written responses to the said proposals. The purpose of this part of this process was to ensure transparency in the Commission's review. Submissions to the Consultation Paper were received from the BWA and AnchorBridge Environmental Inc.

4 The Commission, having reviewed and analysed the submissions received from the BWA and AnchorBridge Environmental Inc., proposed further revisions to the Standards of Service in a document published on May 22, 2022 and titled “Proposed Standards of Service for the Barbados Water Authority” 2. On that date, the Commission also issued a notice for a written hearing for the purpose of reviewing the Standards of Service for the BWA. Interested parties were invited to participate in the written hearing by submitting letters of intervention. Letters of intervention were received from Mrs. Judith Ann Aycock-Harding and the BWA.

5 Following the Commission's consideration of the submissions laid out in the respective letters of intervention, the Commission has hereby determined that the Standards of Service for BWA be revised as follows:

Guaranteed Standards of Service

• • Target times will be expressed as ‘working days’ solely, as opposed to both ‘working days’ and ‘calendar days’ in some instances;

• • The Guaranteed Standards for Installation of Service (GWS 1) will refer to Installation of Service in Zone 1 or Zone A;

• • The time to acknowledge complaints under Guaranteed Standard Response to Complaints (GWS 3) has been adjusted from seven (7) calendar days to five (5) working days;

• • A new section has been added to Meter Installation or Meter Repositioning (GWS 5(b)) with a target time of fifteen (15) working days to reposition a meter on request; and

• • A new Guaranteed Standard has been added, Application for Reconnection of a service that was disconnected from the main (GWS 8). There is a target time of seven (7) working days for residential customers and five (5) working days for commercial customers to effect the re-connection.

Overall Standards of Service

• • The testing requirements under Overall Standard Potable Water Quality (OWS 10) have been modified. The BWA is required to conduct a wide screen analysis bi-annually, metals and pesticides are to be tested quarterly, and primary pollutants tested monthly;

• • The percentage compliance rate for Overall Standard Repair of Ruptured Pipes (OWS 11) is 90% to be repaired in five (5) working days; and

• • A new Overall Standard for Billing Accuracy (OWS 13), will measure the accuracy of the bills issued by the BWA. OSW 13 target demands that 90% of bills issued by the BWA must be accurate.

General Administration

• • BWA will be required to institute a standard complaints procedure, inclusive of an official complaint form, to be reviewed and approved by the Commission;

• • BWA must implement the following measures:

  • 1) Publish the Standards of Service Tables prominently on its website;

  • 2) Make available to its customers, by post or electronically within two (2) months of the implementation, the Table of the Guaranteed Standards of Service as set out in this Decision;

  • 3) Include a weblink to the Table of Guaranteed Standards on customers' utility bills; and

  • 4) Inform customers who make complaints of the means by which compensation may be sought.

6 These Standards of Service, applicable to the BWA, will be effective for a period of three (3) years. The Commission reserves its right to:

• (i) review these Standards of Service before the end of the aforementioned period; and

• (ii) extend its Decision for two (2) additional years, if deemed necessary. Thereafter, the Decision will be subject to review by the Commission, at which time consequential amendments may be made.

Section 2 Introduction

2.0 Background

7 The Utilities Regulation Act, CAP.282 of the Laws of Barbados (as amended) (the “URA”) places a duty on the Commission to determine, monitor and review the standards of services supplied by regulated utility service providers. In discharging this responsibility, the Commission consulted with the BWA, representatives of consumer interest groups and other interested parties as mandated by Section 4(4) of the Fair Trading Commission Act, CAP. 326B of the Laws of Barbados (the “FTCA”). Additionally, the Commission held a written hearing and two (2) interested parties participated.

8 The Standards of Service is a quality of service (QoS) framework. The purpose of such a framework is:

• • To ensure that a minimum quality of service is maintained;

• • To incentivize improvements in the quality of service;

• • To monitor service quality; and

• • Generally, protect the interests of consumers.

9 There are two (2) Standards of Service categories: Guaranteed Standards of Service (GWS), and Overall Standards of Service (OWS). Guaranteed Standards of Service require compensation in the form of a credit to each individual customer submitting a claim, when affected by the BWA's failure to meet the defined target for the relevant Standard. Overall Standards are designed to monitor the overall performance of BWA. There is no compensation to customers for the BWA's failure to meet Overall Standards.

10 These BWA Standards of Service, as outlined herein, shall become effective from January 1, 2023 for a period of three (3) years. Note however, that the Commission reserves the right to (i) review these Standards before the end of this period, and (ii) extend its Decision for two additional years (up to 2027), if deemed necessary. Thereafter, the Decision will be subject to review by the Commission, at which time amendments may be made.

Section 3 Legislative Framework

11 The commission is empowered under the FTCA and the URA to determine, monitor and review the Standards of Service applicable to regulated utilities. The role of the Standards of Service framework is to ensure, inter alia, operational consistency and outline the minimum standards of quality as it relates to the responsiveness, customer service and reliability required of BWA.

3.1 The Commission's Authority to Establish Standards of Service

12 Section 4(3) of the FTCA and Sections 3(1) and 4 of the URA set out the Commission's authority to determine the...