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Eugenie Simmons: RA needs a total structural reset

An immediate, historic choice: Bermuda Environmental Sustainability Taskforce and Greenrock supporters assemble in July outside of City Hall before heading to the Regulatory Authority Office (Photograph by Akil Simmons)

Most recently, the community has watched a prolonged legal dispute between the Regulatory Authority and the Ministry of Home Affairs — all centred on an unbundled billing structure that applies a $148.83 flat facilities fee regardless of low grid usage.

Our present energy deadlock reflects a framework that treated a universal cost-of-living issue as a narrow technical matter. However, the public exposure of raw billing data and growing resident interest in independent microgrids demonstrate that the energy market is shifting rapidly.

To address this structural imbalance, we must examine the leadership decisions that established the current framework. The existing pricing structure is the direct consequence of a board that heavily delegated its analytical responsibilities to an external foreign consultancy and allowed legacy institutional viewpoints to overshadow its mandate as an objective regulator.

When questioned on the $148.83 monthly facility charge, regulators consistently cite spreadsheets generated by Ricardo, the UK-based consultancy firm retained to model the island's energy policy. This represents a significant administrative blind spot. The RA effectively outsourced the heavy lifting of regulatory design. Ricardo applied a rigid, static model that failed to account for dynamic human behaviour and the rapid market adoption of independent hybrid battery microgrid technology. By approving this off-island casework without local stress-testing, the board fell short of its responsibility to ensure energy equity and protect consumer affordability.

As the board prepares for a leadership transition, a fundamental question must be examined in the public square: How did we allow ourselves to bypass rigorous criteria for what it takes to be a commissioner?

The board’s composition reveals an old-guard utility mindset rather than an agile consumer watchdog. The leadership is spearheaded by board chairman Mark Fields, whose professional background was established as the longtime general manager of petroleum giants Esso and Sol. Sitting alongside him are individuals whose corporate careers naturally bring the perspective of legacy utility and telecommunications management to the table — most notably commissioner Dennis Pimentel, a former Belco president, and commissioner Francis Mussenden, the retired chief executive of the Bermuda Telephone Company.

Because the RA simultaneously oversees both the energy and electronic communications sectors, a board led by a fossil-fuel executive and populated by former monopoly managers risks creating a regulatory environment weighted towards traditional corporate structures rather than modern consumer advocacy. These backgrounds naturally favour the protection of centralised infrastructure and established revenue streams over green energy innovation or consumer affordability.

The ultimate expression of this administrative disconnect is the highly controversial legal action launched by the board — joining a Supreme Court battle against the Ministry of Home Affairs regarding the Integrated Resource Plan. This litigation represents a counterproductive expenditure of public capital, encumbering the regulatory framework with complex legal disputes during a critical period of transition.

Mark Fields, chairman of the board of commissioners, Regulatory Authority of Bermuda (File photograph)

The reality becomes obvious when you look at the stark contrast between our local appointments and global regulatory standards. In advanced jurisdictions across North America and Europe, a seat on an independent Regulatory Authority is a highly formalised, quasi-judicial appointment governed by strict statutory qualifications. These roles are explicitly not intended for generalist managers, corporate directors, or political appointees.

Globally, regulatory seats require proven, top-tier expertise specifically in utility economics, administrative law, or high-voltage grid engineering. These roles are filled by active, leading practitioners capable of systematically evaluating complex pricing models when facing multinational entities. They possess the specialised training required to provide true strategic direction, ensuring that the regulator functions with world-class capability rather than relying passively on foreign consultancies. More importantly, global standards enforce an ironclad barrier against conflicts of interest, using strict cooling-off periods to ensure regulators owe zero allegiance to corporate monopolies.

To resolve this deadlock, a comprehensive reset of the RA board is required. The establishment's traditional line of defence is that a commissioner’s role is purely high-level governance, while the deep-dive quantitative maths is handled by technical staff and consultants. But this defence exposes an inescapable logic trap: high-level oversight is entirely dependent on high-level technical comprehension. Without specialised expertise at the top of the table, internal teams cannot be expected to critically evaluate or challenge complex corporate proposals.

In Bermuda’s case, because the international business sector drives our economy, its reliance on an expensive, fossil-fuel-heavy power grid creates direct financial and reputational pressures:

1, Cutting operating costs: Reducing the island's unsustainably high electricity rates

2, Meeting global compliance: Aligning with corporate ESG and net-zero rules

3, Maintaining credibility: Securing Bermuda's reputation in climate-risk finance

The incoming board faces an immediate, historic choice. They can choose to emulate global standards of professional adjudication and objective consumer defence, or they can maintain the path of the outgoing guard as more consumers seek alternative options off the grid.

The public conversation has shifted. The ledger is open, the calculations are clear, and the time for a modern, transparent regulatory framework has officially arrived.

• Eugenie Simmons is a solar customer and clean-energy advocate based in Sandys

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Published November 09, 2026 at 7:56 am (Updated November 09, 2026 at 7:33 am)

Eugenie Simmons: RA needs a total structural reset

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