The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Rubis (Bahamas) yesterday said it was “absolutely confident” that its Robinson Road gas station was safe to re-open, after receiving “all clearances” from the Government following clean-up of a 30,000-gallon gasoline leak.

Finally responding to a series of exclusive Tribune Business articles on Cable Bahamas’ lawsuit, which is seeking $15 million in damages over the gas leak, the French-owned energy group said “all necessary steps” had been taken to deal with the spill since it occurred in January 2013.

However, Cable Bahamas’ attorney, Fred Smith, immediately hit back yesterday by saying his BISX-listed client was “not confident” that the health and environmental issues stemming from the spill had been resolved because both Rubis and the Government had kept them “in the dark”.

The Callenders & Co attorney and partner, who is also a director of Save the Bays, added that he would ask the environmental activist group to examine the general issue of gasoline/oil leakages contaminating the Bahamian water table.

Rubis, which entered the Bahamas through acquiring Chevron’s local Texaco business in 2012, said in a statement that it had employed “state-of-the-art remediation technology” and hired international clean-up firms to handle the spill.

It added that all fuelling equipment at the Robinson Road gas station had been upgraded with “double containment” and leak detectors, using the latest technology.

“The re-opening took place after receipt of all clearances from governmental authorities, and Rubis is therefore absolutely confident Robinson Road operates safely and incident free with no further impact to the environment,” the company said.

Cable Bahamas, though, is seeking a Supreme Court injunction to close the Robinson Road station on the grounds that “is not fit for purpose or unsafe”.

And Tribune Business reported last week how Cable Bahamas has filed a civil action in the Supreme Court, seeking up to $15 million in damages and compensation for the 18-month, pollution-enforced closure of its customer service building.

Mr Smith said Cable Bahamas’s concerns remained, given that the Government had yet to answer its concerns, while Rubis had yet to address them in a “substantive” manner.

“We are surprised to see that Rubis has chosen to answer Cable’s concerns in the press other than responding to the letter we sent them,” Mr Smith said.

“It is disappointing that although Rubis and Cable signed a mutual exchange of information agreement, this is the first time we are hearing they have all the clearances from the Government authorities.

“We are anxious, as a party which had over 40 employees receive medical treatment, that we were not kept intimately involved as to their plans to re-open.”

Suggesting that Cable Bahamas did not share all Rubis’s optimism that the issues stemming from the gasoline leak, which the company has admitted to, have been resolved, Mr Smith told Tribune Business: “We are not confident because we have been kept in the dark.”

He added that, with more than 400,000 visitors to Cable Bahamas’ customer service building annually, it was imperative that “the harmful effects” from the gasoline spill were eliminated.

Turning to the wider issue, Mr Smith added: “The matter of gasoline leakages into our water table has broader-reaching health implications.

“As you know, I am a director of Save the Bays. One of the petitions to government is to pass laws against oil pollution.

“I am instigating Save the Bays to address the issue of leakages into the water table of gasoline generally.”

In a July 3, 2014, letter to Rubis, Mr Smith on Cable Bahamas’ behalf urged it to “admit liability without delay” so that his client’s claim could be dealt with.

He also called on the energy company to indemnify Cable Bahamas against any claims by the latter’s staff or customers over their inhaling of the fumes from the gasoline leak.

“Our client’s estimated total damages are in the region of $15 million, which includes remedial work to the customer service building, expenses incurred in relation to the evacuation and relocation, and loss and damage to business and reputation,” Mr Smith wrote.

“Our client’s financial losses are increasing daily, as is the harm being caused to its business and reputation. Given the unsatisfactory manner in which Rubis has dealt with this matter, our client has been left with no option but to issue proceedings without further delay.”

Rubis declined to comment on Cable Bahamas’ legal action, saying this was a matter to be dealt with by the courts.