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  • Pippa agrees: Epira changes not needed
    By Paul A. Isla
    Reporter

    THE Philippine Independent Power Producers Association (Pippa) echoed Monday the opinion of the Joint Foreign Chambers that there is neither necessity nor expedience in amending the Electric Power Industry Reform Act (Epira) at this time.

    “The implementation of reforms mandated by the Epira has gained tremendous momentum over the past two years, eclipsing the laggard pace in the early years following the law’s enactment,” said Ernesto Pantangco, Pippa president, adding that a competitive industry structure has taken root and critical activities are on their way to completion.

    The successful privatization efforts of the Power Sector Assets and Liabilities Management Corp. (PSALM) have resulted in better valuation for old National Power Corp. (Napocor) assets, which cost from $0.39 million per megawatt (MW) for a small hydro to $1.55 million/MW for the 600-MW Masinloc power plant. Pantangco noted that proceeds from the PSALM privatization process have yielded for the government $6.66 billion in
    value, broken down as follows: National Transmission Corp. (Transco) at $3.95 billion; Napocor generating assets at $2.70 billion; and a decommissioned plant at $2.506 million.  More foreign investments are needed, he added, for the Napocor-independent power producer (IPP) privatization under the IPP Administrator concept.

    Pantangco also pointed out that the Wholesale Electricity Spot Market  has been operational for more than a year now, exhibiting the capability to trade electricity with transparent pricing under rules that provide a level playing field to participants; the system operation had been devolved from Napocor to Transco; and the Energy Regulatory Commission (ERC) is carrying out its functions pursuant to the Epira—promulgating rules, regulations and decisions as the industry steadily transitions to a competitive structure.

    “With these successes, the attainment of the declared state policies is in the offing,” said Pantangco. He added that amending the Epira now would reverse the successes that the industry had patiently strived or aspired for, and endangers the unprecedented momentum in carrying out reforms. Amendments that would alter the competitive structure of the industry or change the regulatory setup at this late stage would be particularly counterproductive, in his view.

    Pantangco said the logical and rational consequence would be to preserve the successes and continue with the full implementation of Epira so that its salutary objectives may be finally realized by the government, the industry participants and the consumers. “Instead of amending Epira, the government should actively pursue the privatization of Napocor’s independent power producer contracts, a mandated activity that has been unjustifiably dormant for more than six years since 2001 when Epira was passed into law,” said Pantangco.

    He emphasized that lowering the privatization threshold from 70 percent to 50 percent will undermine the competitiveness of the power industry, as “no company or related group can own, operate or control more than 30 percent of the installed generating capacity of a grid and/or 25 percent of the national installed generating capacity.”

    He explained that the mechanism for automatic pass-through of adjustments to the basic electricity charge has been subject to stringent regulatory review, and disallowing it would endanger the reliability of electricity supply.

    Fuel accounts for 30 percent to 60 percent of the total cost of power generation. In particular, imported fuel accounts for 35 percent of the fuel mix for energy generated in Luzon. Higher taxes for natural gas vis-à-vis other baseload fuels like coal or bunker further push up fuel prices.

    Pantangco said all the forgoing components of the generation charge, including changes in foreign-currency exchange rates, are beyond the control of the generators. Hence, the ERC devised a mechanism by which the methodology of determining these components are scrutinized and adjustments are accordingly allowed under strict conditions.

    Applying this mechanism, changes in the cost of fuel and foreign-exchange rates, which can be downward or upward, can be passed through automatically; as the changes are based on international indices, the adjustment can be easily scrutinized and verified, he added.

    Pantangco added that the automatic pass-through adjustments are not determined arbitrarily, and are the results of applying the ERC-approved objective methodology.

    In this context, according to the Pippa official, the automatic adjustments have undergone prior regulatory review; and further review or hearings every time a change occurs would be redundant and inefficient.

    ”It should be considered that without an automatic pass-through mechanism for the relevant components of generation costs, the distribution utilities would not be able to pay the full generation cost to generation companies, whose payments to the fuel suppliers will in turn be hampered,” said Pantangco. 

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