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MILITANT
groups on Tuesday filed before the Ombudsman a complaint
against officials of the National Power Corp. (Napocor)
and the Wholesale Electricity Spot Market (WESM) for
alleged price manipulation.
The
complainants include the People Opposed to Warrantless
Electricity Rates, the party-list group Agham, Gabriela
and the Bagong Alyansang Makabayan (Bayan).
“Electricity consumers are now fighting back,” the
groups’ joint statement said.
The
groups allege that Napocor, through its president Cyril
del Callar, exercised abuse of market power when three
plants of the state-run company allegedly colluded to
offer electricity at much higher rates, ranging from P10
to P20 per kilowatt-hour, by artificially creating
supply shortages so that they could recover their
stranded costs.
Napocor
is allowed to recover around P9 billion in generation
charges from the questionable transactions between
August to November 2006.
The
groups maintain that the price manipulation at the WESM
pushed generation rates even higher. This is the second
case filed by consumer groups against Napocor officials.
The first involved alleged overpriced emergency coal
purchases that also contributed to higher generation
rates.
Militant
groups filed the charges in the wake of higher power
rates at the WESM for the first quarter of 2008.
Electricity rates are expected to rise through May.
“There
have been credible findings by government authorities
that there was price manipulation during the period of
August to November 2006. The trading strategies employed
by the Napocor plants appeared to have stemmed from a
memorandum from del Callar asking his subordinates to
recover losses incurred by Napocor during the first two
months of trading at the WESM,” said Power convenor
Ramon Ramirez.
“The
complainants have never been convinced by the
government’s pronouncements that the WESM structure can
bring about transparent electricity pricing or more
competitive power rates. And such inability will remain
regardless of whether Napocor’s dominance in the
generation sector is maintained, or its generation
assets completely privatized. What is appalling in the
instant case is that a state-owned corporation like
Napocor had the audacity to take advantage of its
position to dictate market prices to the detriment of
consumers, and that the authority supposedly exercising
regulatory powers over the Napocor allowed the latter to
get away with acts which were explicitly found to be
‘highly inappropriate and irregular,’” the groups said
in their complaint.
“Moreover, Napocor has even taken direct and concrete
steps to be paid the full amount representing the value
of the subject transactions that have been explicitly
and officially described as ‘highly inappropriate and
irregular?’ Clearly, it appears that it is only the
Ombudsman that can act with dispatch to investigate the
forgoing matters, stop further steps being taken to
complete the questioned transactions and penalize or
prosecute, or both, the persons and parties responsible,
particularly Napocor president Cyril del Callar,” they
added.
Gabriela
deputy secretary-general Lana Linaban decried the fact
that no matter how bad policy decisions are made by
Napocor, it is the consumers that end up bearing the
burden of high power rates. “Higher generation rates are
always automatically being passed on to consumers. That
is the great tragedy here,” Linaban said.
The
chairman of Agham, Gani Tapang, clarified that the WESM
and a deregulated regime may not be in the best interest
of consumers given the recent track record of the
Napocor and Psalm (Power Sector Assets and Liabilities
Management Corp.) “Some people may argue that the full
privatization of the Napocor is the solution. Even then,
collusion between private generators is still possible,
as was shown in experiences in the US,” Tapang said.
“The
Arroyo government has miserably failed to bring down
power rates despite earlier promises from the Electric
Power Industry Reform Act. This complaint is being filed
to make energy officials accountable and to make the
industry itself accountable to the consumers who have
had enough of high power rates,” said Bayan
secretary-general Renato Reyes Jr. |