Remedial action required by regulator (Malta)

1 June 2010, Malta (Ref: 001/10/ED). The Malta Resources Authority (MRA) upheld a complaint brought by an individual who was requested to finance trenching works before he could be supplied with electricity services. He complained because electicity lines passed immediately overhead, and others in the vicinity were supplied with the service from the same electricity lines. On its part, the Corporation cited health and safety considerations. The MRA considered Enemalta Corporation's decision to be unjust and disproportionate.  

Enemalta Corporation had informed the complainant that they required to remove the overhead electricity lines and pass the same through trenches (the same trenching works he was being asked to pay for). The Corporation was concerned about a fireworks factory very close to the complainant's property, which was one of the properties in this rural area that was supplied with electricity from the overhead electricity lines. The Corporation required the complainant to pay for the trenching works (quoted at over 11,000 Euro) and then planned to supply the others from the same trenches. The Corporation did not propose any sharing of the trenching costs. 

The Corporation cited the Explosives Ordinance and advice received from an explosives expert. It also stated that this policy was being applied indiscriminately.

The MRA noted amongst other things that the Explosives Ordinance did not make any reference to electricity. Furthermore, when the Authority also asked the Corporation to cite other instances where this policy was applied, the Corporation did not reply.

MRA required the Corporation to provide complainant with electricity from the nearest feasible point, this being the overhead line next to the complainant's property.

The ruling is available in English at http://www.mra.org.mt/Downloads/Decision_Notices/2010%20Decision_001_JMGatt_vs_Enemalta.pdf