Michael Astaphan
Marinor Enterprises Ltd.
PO Box 505, Roseau
Mr. Bernard Ettinoffe
General Manager
DOWASCO
#3 High Street, Roseau
August 8th, 2024
Dear Mr. Ettinoffe,
Further to the letter I wrote on DOWASCO as a concerned citizen and the failure of DOWASCO, its Board, and Shareholders to follow the Rule of Law in violation of the Water and Sewage Act (Chapter 43:40) 1989 in its attempt to implement a water access charge, I now write to show how DOWASCO’s implementation of this Access Charge is unfair and unreasonable for any utility company levy on its customers in any part of the world. I will use Marinor Enterprises’ experience to show how this access charge is unfair and unreasonable.
DOWASCO (The Management and Board), The Minister, and the Shareholders acted irresponsibly and in total disrespect for its consumers (PEOPLE OF DOMINICA), by failing to give an account to the people as to how they are fulfilling their obligation as per section 27 and Section 28 of the ACT by not ensuring that a copy of its Statement of Accounts once audited and any other report of the auditors as per Section 33 (1) a, 33 (1) b, and 33 (1) c were laid before the House of Assembly as soon as they are received as per Section 33 (2) of the ACT.
Any public utility rate or charge increase that requires its customers to pay more than 20% of their monthly average is categorized by any regulators of utilities as being unfair and unreasonable. That is why there are requirements in the law directing utilities to monitor their cost of operations continuously and to report annually to the people (its consumers) by laying the company’s reports before the House of Assembly immediately upon receipt.
Marinor Enterprises Ltd. consumes an average of about 2460 gallons per month or $36.57 + $19.67 or $65.28 of water. We receive our June invoice with an access charge of $175.00, usage of 2700 gallons, and a usage charge of $36.57 + $23.07 with a total charge of $234.52 for June 2024.
When compared to our average monthly cost of $65.28 for the last 5 years we now have an increase of $169.24 per month or an increase of over our average monthly charge for the last 5 years of over 350 percent. That cannot be considered fair and reasonable for any utility company to increase its consumer rate by 350 percent especially if that utility failed to follow the Rule of Law on several counts as explained above.
This is an attempt to have your consumers pay for DOWASCO (Management and Board), the Minister, and the Share Holders’ mismanagement of the Utility by violating the Water and Sewage Act (43:40) 1989 as outlined above and by violating additionally Section 35 of the ACT. The new rate was never published in the Gazette.
This injustice of DOWASCO’s access fee is made even more damaging and reckless because the Minister responsible for DOWASCO has approved an access charge that is unfair and unreasonable. In addition to that the body that is charged to ensure utility rates are fair and reasonable has not functioned for years because he has not appointed persons to the Public Utility Commission as per the Act 43:01.
As a result, it is unfair, unreasonable, and unjust to expect your consumers to pay an Access Charge that The Minister approved in total violation of the Water and Sewage Act Chapter 43:40 1989.
We expect DOWASCO, The Minister, and the Holders to come up with an Access Charge and a rate that will be Fair, Reasonable, and Just and is based on the consumption patterns of the consumers for example:
- An access charge of 30% of your average monthly charge for the last 5 years.
- Increase (Comm Mtr Min) by 10% from $36.57 to $47.54
- Rate charge Increase (Comm Mtr Usage) from $13.57 per 1000 gallons to $17.54 per 1000 gallons.
The above-recommended approach, if applied to Marinor Enterprises June 2024 bill would give an access charge of $19.58, a Comm Mtr Min Charge of $45.54, and a Comm Mts Usage of $29.99 with a total for our June Bill of $97.09. That is an increase of 48.72%. While for any utility a 48.72 % increase is considered exorbitant, this approach is not discriminatory against residents and/or small business customers in a way that your unlawful and baseless Access Charge of $175.00 is to Marinor Enterprises Ltd. by increasing our Water Bill by over Three Hundred and Fifty Percent over our average bill for the last 5 years.
We are appealing to DOWASCO (Management and Board), The Minister and Shareholders with immediate effect to do what is right and just and abandon this illegal and discriminatory Access Charge that is unfair, unreasonable and unjust (and may well violate section 13 of our constitution) and begin to work immediately with a broad cross-section of your consumer base and come up with an access charge and a rate increase that would be fair, reasonable and just/non-discriminatory, an approach that will be in the best interest of DOWASCO and all Dominicans.
Respectfully
Marinor Enterprises Ltd.
Michael Astaphan
Managing Director
Cc Mr. Louis Patrick Hill Chairman of The Board of Directors DOWASCO
Cc Hon. Fidel Grant Minister of Public Works, Public Utilities and Digital Economy
Cc Mr. Emile Lancelot Permanent Secretary, Ministry of Public Works, Public Utilities and Digital Economy
Cc Media Houses DBS, Q95, Kairi FM, The Chronicle, DNO, Matthias Peltier
Cc United Workers Party, Dominica Freedom Party, Dominica Labour Party