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  • Cabinet OK’s interim open access
     
    By Cai U. Ordinario and Fernan Marasigan
    Reporters

    CALLING it part of government efforts to lower the cost of electricity and provide users some relief, the Cabinet has approved the proposal to allow major electricity users like malls, factories and five-star hotels to directly source their power requirements from independent power producers (IPPs), according to the National Economic and Development Authority (Neda).

    Neda Acting Director General Augusto Santos said Wednesday that electricity consumers, mostly industrial and commercial consumers, who use up at least 1 megawatt (MW) of power during peak hours can deal directly with IPPs.

    Santos said the interim open-access scheme, which will be proposed by the IPPs to the Energy Regulatory Commission (ERC), removes distribution and system-loss charges being charged by power-distribution companies in the country like the Manila Electric Co. (Meralco), which this week was grilled in Congress on the various costs it had passed on to consumers. Meralco officials had said the government was more to blame for the rising electricity bills because of various impositions, such as value-added taxes even on the system losses and royalties on indigenously produced natural gas.

    As Santos briefed reporters, Party-list Rep. Teodoro Casiño of Bayan Muna and Kabalikat ng Malayang Pilipino Rep. Luis Villafuerte were making separate moves. They said Meralco’s own electric consumption passed on to consumers as system loss, has no legal basis as the implementing rules and regulations (IRR)—used as the basis for the additional electric bill charge—was not provided for in Republic Act (RA) 7832, which, in turn, was the basis used for the said IRR. They will question this before regulators on Friday.

    On Wednesday afternoon’s hearing of the House energy committee, Casiño also questioned representatives from Meralco and the Energy Regulatory Commission (ERC) on the legal and moral basis for the take-or-pay provisions in energy supply contracts, which assure independent power producers (IPPs) of payment for total generation capacity even without actual delivery of power.

    “RA 7832 is an antipilferage law which seeks to provide recovery for distribution utilities for power lost in transmission and pilferages and as such, it does not include recovery for the electric consumption of distribution utilities including Meralco. “Thus, it is illegal for Meralco to pass on to electric consumers the cost of its own electric consumption,” Villafuerte told reporters.

    For his part, Casiño said that with the implementation of RA 7832 in 1995, the amount up for refund would reach billions of pesos.

    Villafuerte said he would be joining Casiño in filing the petition.

    Meanwhile, despite the policy approval for interim open access by the Cabinet, Neda’s Santos said such will still be subject to the final approval of the ERC.

    “In the desire of the government to lower electricity costs, the Cabinet approved an interim open-access scheme where consumers, with an average peak demand of at least 1 megawatt (MW), can connect directly to power-generation firms,” Santos told reporters.

    The interim open-access scheme, Santos said, is a stop-gap measure to allow consumers to directly deal with IPPs even if the government has yet to privatize majority of its power-generation assets.

    According to the Electric Power Industry Reform Act, the government can only implement an open-access system if it has already privatized 70 percent of its power-generation assets.

    Santos said the Power Sector Assets and Liabilities Management Corp. projects that if the sale of the Tiwi-Macban Geothermal plant in Albay and the Palinpinon geothermal plant in Negros Oriental pushes through this year, the government will overshoot the 70-percent target by December.

    Meanwhile, Santos said the interim open-access scheme, to be proposed by the IPPs to the ERC, remove distribution and system-loss charges being charged by power distribution companies in the country like Meralco, which supplies electricity to the whole of Metro Manila. He said distribution charges account for 10 percent to 20 percent of a consumer’s bill; and system-loss charges, based on Meralco data, account for 9.5 percent of electricity cost.

    “If this measure will not remove these charges entirely, it will significantly reduce electricity costs,” Santos said.

    With lower electricity costs, Santos said consumers could expect that the cost of the goods sold by these industrial and commercial users will also go down.

    At the House energy committee hearing, Casiño questioned Meralco and the ERC on the take-or-pay provisions in energy supply contracts, citing the case of First Gas, to which Meralco paid the amount equivalent to 1,000 MW of electricity even if it generated only a total of 300 MW. Meralco, in turn, passed on the additional cost to its consumers.

    “What is the basis for the take-or-pay provisions in the IPP supply contracts? This provision in the IPP supply contracts makes their businesses virtually risk-free,” Casiño said.

    But Meralco president Jesus Francisco said the provision was introduced in the IPP supply contracts during the time of former President Fidel Ramos at a time when the country was experiencing a crisis in power to encourage investors to put up power plants.

    The take-or-pay provision however, according to Francisco, would not have posed a problem if the government made an accurate projection of the country’s power requirement.

    “With a wrong projection of the country’s power requirement made by Neda, we now have an oversupply of electricity which we, in accordance with the provision of the supply contracts, have to pay whether there is actual consumption or not,” said Francisco.

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