While few decisions were made, Public Services Commission members still covered a lot of ground in their monthly board meeting Thursday, discussing everything from the status of Vitelco’s change-of-ownership proceedings to a proposal for a one-of-a-kind geothermal energy facility on St. Thomas.
While it was hoped that final approval from the U.S. Bankruptcy Court on the transfer of Vitelco and Innovative cable television companies to National Rural Utilities Cooperative Finance Cooperation (CFC) would be completed by the end of next month, PSC hearing examiner Ronald Belfon told commissioners Thursday that he needed more time to complete his report before issuing any final recommendations.
About a year ago, CFC — the financing arm of the Rural Telephone Finance Cooperative, one of Innovative Communications Corp’s largest lenders — announced it would make a credit bid to acquire the outstanding stock of BVI Cable and other ICC-owned companies, which includes Vitelco. ICC and New ICC, formerly owned by Jeffrey Prosser, have been in bankruptcy since 2006.
The credit sale of $250 million was tentatively approved last April by U.S. Bankruptcy Court Judge Judith Fitzgerald, and at the beginning of December, the Federal Communications Commission (FCC) approved CFC’s bid to acquire the U.S. Virgin Islands companies. All that’s left before the matter goes back to the court is approval from the PSC, which Belfon said Thursday might be held up a couple weeks while both sides come to final terms.
While he anticipated that something will be filed with the PSC by Feb. 19th, Belfon said he still needed time to review all the documents, and should be coming up with a final recommendation by March 12.
When it was pointed out this is Belfon’s fifth request for an extension and comments have been made in Bankruptcy Court about the PSC "dragging its feet," Belfon said the commission needs to "take the time required under these circumstances to make the best decision."
Saying that he was "impressed" by the attorneys’ efforts to hammer all the issues out in one go, Belfon added that efforts are also under way to push back the March 31 deadline anticipated by the courts.
PSC consultant Walter Schweikert said later that he also needs more time to review Choice Communications petition to the commission to become an eligible communications carrier (ETC) — a status that will allow the company to tap into federal universal service funds (USF).
The USF is a FCC-controlled program designed to bring better telecommunications services to rural and insular areas. Funding is awarded based on certain conditions, such as whether the money would be used to help subsidize local services, telecommunications infrastructure and building service quality, Schweikert has explained.
On Thursday he said that Choice, which currently offers internet and broadband services, has committed in their application to being what’s called a "common carrier," meaning that they will be offering regular cell phone service. While the FCC has currently capped at $1 million the amount of USF funds available to new ETCs in the territory, Shweikert said approving Choice’s petition will allow for more competition.
On the down side, Choice will eventually have to share the pool of available universal service funds with Centennial Communications, which received its ETC status about two years ago.

There was also no decision made Thursday on whether Island Wind Power (IWP) — the company currently leasing two wind turbines to Tutu Park Mall — will be designated a public utility and be subject to regulation by the PSC.
Last October, PSC members gave themselves 120 days to settle the matter — but that didn’t happen Thursday. IWP’s attorney Emily Sabo and PSC legal counsel Tanisha Bailey-Roka said there are still some issues to be ironed out before the commission can make its decision, and the two will soon be meeting to go over them before final arguments and recommendations are made.
On a more positive note, WAPA officials said Thursday they are moving full speed ahead with the installation of the long-awaited heat recovery steam generator on St. Croix, which has been online since Feb. 9 and supplying steam to the authority’s water plants.
"As of this afternoon, we started engaging the electricity part of it," said Nellon Bowry, WAPA’s chief financial officer. The authority expects all performance testing to be completed by the end of next week, so the unit can be certified and WAPA can begin collecting on a surcharge, to be folded into the base rate, which will help pay off the equipment costs.
On Thursday the generator produced enough steam to supply WAPA with eight free megawatts of power, WAPA Assistant Executive Director Glen Rothgeb added.
The only thing actually approved by PSC members Thursday was a motion to postpone for three weeks the vote on a proposal by Wintdots Development LLC, which is also seeking to become a qualifying facility so it can develop geothermal energy facilities on St. Thomas and supply WAPA with green power.
Company representatives said that more than $20 million in financing for the project is already available — all that’s left is for the PSC to give the go-ahead so Wintdots can pursue an interconnection and power-purchase agreement with WAPA for the supply and sale of power.
While commission members didn’t seem opposed to the project, many said they needed more information before they could come to a final decision. The matter will be taken up again at the PSC’s next meeting, said commission chairman Joseph Boschulte.
Present during Thursday’s meeting were Boschulte, Donald "Ducks" Cole, Verne C. David and Elsie V. Thomas-Trotman. Members Sirri Hamad and M. Thomas Jackson were absent.