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Public Hearings, Consultations: Sri Lankan Experience

Public Hearings, Consultations: Sri Lankan Experience. Damitha Kumarasinghe Director General - PUCSL. Legal Provisions. Public Consultation (Section 17 (b) of PUCSL Act) It is a function of the Commission However, “extent” of the consultation is at the discretion of the Commission

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Public Hearings, Consultations: Sri Lankan Experience

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  1. Public Hearings, Consultations:Sri Lankan Experience DamithaKumarasinghe Director General - PUCSL

  2. Legal Provisions • Public Consultation (Section 17 (b) of PUCSL Act) • It is a function of the Commission • However, “extent” of the consultation is at the discretion of the Commission • Public Hearing (Section 18 of PUCSL Act.) • It is a discretion of the Commission

  3. Implementation • The Commission has not yet gone to a Public Hearing • Reasons: • Consumer complaints are dealt with “Dispute Resolution Mechanism” • There is no Competition in the Market to investigate anti - Compétitive practices.

  4. Public ConsultationSection 17 • It is a function of the Commission • Consult to the extent the Commission considers appropriate • The Commission heavily used this provision. • Used for facts finding, Opinion testing, evidence gathering, impact assessment etc. • Eg. Electricity Consumer tariff setting, NCRE tariffs setting, Draft Codes

  5. Public Consultation: Procedure • Preparation of documents to be open for Consultation. Sections open for consultation will be clearly indicated • Translate into three languages • Public Notices: Inviting Public Comments • Document will be available online, and Island wide area office of the Licensees • Reasonable time to give written Comments

  6. Oral Presentations • Opportunity will be given for a oral presentation if they desired to do so. • Objective is Cross Reference, opportunity to listen to others • There will be an Open Forum for any one to Come and speak • All presentations will be recorded • Decision publish in the Commission Web site

  7. The Commission Web Site • Interface between the Commission and Public • Public CAN • Access to information, • Submit complaints for redress • Cross check Bill calculations • The Commission CAN • Disseminate information • Use as a tool to empower consumer/public • PUCSL

  8. Public Hearing • When the Commission deems necessary in the public interest to hold a Public Hearing • Objectives - Investigate: facts finding, evidence - Determine any matter: to reach a fair position • Criteria: not inconsistent with the principles of natural justice. • Proceedings open to public • Conclusion: make an order, award with reasons, give a direction with reasons or Dismiss

  9. Can Appeal? • An appeal shall lie by any person aggrieved from an order, award or direction made under section 18 on a question or law, to the Court of Appeal.

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