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It may be that some of these recommendations are not addressed by the Geothermal Ordinance and the Electricity Ordinance. If that were the case, another way to address some of these changes is to establish regulation through contracts. For example, to ensure that tariffs for end customers reflect the (lower) costs of producing electricity through geothermal generation, the PPA that the SPV signs with NEVLEC could establish the formula used to determine the tariffs NEVLEC charges customers. Similarly, the agreements between the NIA and the private partners could include obligations that ensure the protection and sustainable development of the geothermal resource. For example, the agreement can mandate that an independent expert carry out periodic evaluations to monitor the environmental impact of the power plant. Since regulatory functions in Nevis are spread across various government agencies, if a regulator is not established a committee could be formed to monitor the SPV’s compliance with contractual obligations. Any dispute arising from failure to adhere to contract obligations could be handled by a regular court, an administrative court, or a special expert panel as applicable. Establishing regulation through contracts would only serve as a short-term solution to prevent delays in project implementation. There are some regulatory functions that cannot be covered through contracts and for which regulations and laws will need to be established. For example, the government will still need to develop the process through which licenses to establish a geothermal plant are obtained. Recommended Changes to the Legal, Institutional, 14.6 and Regulatory Framework in Saint Kitts To implement the project successfully, there are two main functions that the legal, institutional, and regulatory framework must be able to allow for. First, the legal, institutional, and regulatory framework should establish the process for developing and exploiting the geothermal resource. Second, the legal, institutional, and regulatory framework should allow for cost recovery for geothermal generation and establish the process for IPPs to sell electricity. The NIA is responsible for implementing the changes for establishing the legal, institutional, and regulatory framework necessary for exploring and exploiting the geothermal resource. The NIA will need to implement these changes before the geothermal project to supply electricity in Nevis begins (see Section 14.4.3). This means that these changes should be in place when the geothermal project to supply electricity in Saint Kitts starts. In this section, we describe the key components that the Government of Saint Kitts and Nevis should ensure are present in the legal and regulatory framework: • Establish a clear process for IPPs to sell their electricity to SKELEC. The Electricity Supply Act of 2011 governs the electricity sector in Saint Kitts. The government has not published the ESA, so we have not been able to review and evaluate it. However, a draft version of the Saint Cristopher Electricity Supply Bill of 2011 does not include the procedure that IPPs would follow for selling electricity to SKELEC.388 The government must ensure that there is a clear procedure for IPPs to sell electricity to SKELEC. • The tariffs in Saint Kitts must reflect the cost of producing electricity with geothermal generation. The tariffs in Saint Kitts are set by the governor general with approval from the National Assembly (see Section 14.2.3). The ESA does not include a formula for determining tariffs and mandates that the Public Utilities Commission (PUC) establish tariffs. Since the PUC has not been appointed, the tariffs are determined by the governor general. Regardless of who sets the tariffs, the tariffs must reflect the costs of producing electricity with geothermal resources. More specifically, the tariff must allow SKELEC to recover the cost of providing electricity at least-cost, regardless of the technology or fuel in use, and that any potential reductions in the costs of electricity generation are passed through to the customers in Saint Kitts. • A regulator should be established. Or, regulation can be carried out through contracts, as described in the prior section. 388. The Government of Saint Kitts and Nevis, “Saint Cristopher (Electricity Supply) Bill, 2011,” accessed November 14, 2014, https:// groups.google.com/forum/#!topic/sknfus/YceWobynQrk. 164PDF Image | Unlocking Geothermal Power Eastern Caribbean Powerhouse
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