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    Napocor should show it has balls

    One cannot help but suspect that the Wholesale Electricity Spot Market (Wesm) as provided for in the Electric Power Industry Reform Act (Epira), was designed to fail because of price manipulations traceable to the National Power Corp. (Napocor), the state firm that controls more than 80 percent of the country’s total generating capacity.

    This must be the reason Napocor is considered by many as one of the most inefficient and most corrupt government agencies hereabouts.

    What appears to be more condemnable, however, is the gall of people in the government to kill the Epira itself so that Napocor would continue to live in gay abandon and persist with their merry ways, to the detriment of the consuming public, and so that Wesm shall now become a thing of the past.

    The Epira was enacted in 2001, but it took the government to operate Wesm only in June 2006, and now the government only wants to effectively abolish the Epira by postponing forever the privatization of Napocor.

    Wesm is supposed to serve as a clearing-house to reflect the economic value of electricity for a particular period and “pool” all electricity output from generators to make it centrally coordinated, but what is happening is that it has become a Napocor tool to further increase power prices, for reasons easy to understand, it being the dominant player.

    Being questioned is the sudden electricity-price fluctuation that started when Wesm was put in place in June 2006. In that year, the Power Sector Assets and Liabilities Management Corp. (Psalm) lost P9 billion.

    Knowledgeable sources recall that in the first trading month in June, biddings resulted in an average price of P2.72 per kilowatt-hour (kWh). On the second month it rose again, and on the third month, electricity price at Wesm was pegged at P4.853 per kWh, which is unreasonably high.

    The Energy Regulatory Commission (ERC) last week upheld its earlier decision to peg to the Napocor’s time-of-use rate the Wesm prices during some “questionable” months in 2006, effectively preventing the collection of some P9 billion from power users.

    The P9 billion that Psalm wants represents the difference between the actual payments for energy traded in the third and fourth billing months (close to P6.7 billion) and the amount due Psalm based on the market clearing prices (P13.8 billion), plus the corresponding value-added tax (almost P1.2 billion) and interest based on Napocor’s nonprime lending rate (P606.4 million).

    As expected, being just another government agency, the ERC cleared Psalm of any wrongdoing in the price manipulation. Further, the ERC found Napocor responsible for price-fixing but did nothing to penalize its officials.

    According to the ERC, it was Cyril del Callar, Napocor president, who urged Psalm to “adopt certain recommendations that ultimately affect how the Psalm trading teams [would] submit their offers in the market.”

    Del Callar’s behavior, according to the ERC, is “highly inappropriate and irregular,” adding that Napocor’s proposal “may, in fact, be taken as invitation to collaborate so as to vary market results.”

    It is no secret, said the ERC, that the dominant position of Psalm can enable it to “easily dictate the prices in the Wesm.”

    Market participants, particularly Napocor, should refrain from making such recommendations to Psalm that may have an impact on the market conditions,” the ERC warned.

    However, such warnings are useless unless the perpetrators are taken to court and hailed to jail.

    Also, take note of the following observations:

    • Early this month or next, electric consumers may be charged an additional P1 to P2 per kWh.

    • Government-owned power generators are just seeking the go-signal of the ERC for them to collect P9 billion for electricity sold in September and October 2006. The power producers want to collect the huge amount from consumers despite the fact that regulators had discovered that they manipulated prices.

     • “In spite of the fact that they [Napocor officials] were caught dictating and manipulating prices, they want to be allowed to collect P9 billion. This would translate into an increase of P2 per kWh in the consumers’ monthly bills.”

    • Former Psalm president Nieves Osorio resigned in disgust over the fiasco. It can be recalled that Osorio received several letters from Napocor president del Callar detailing how they can retake the losses Napocor and Psalm lost in the first month of trading at Wesm.

    • Regulators found that state-owned power generators, which control production and can, therefore, influence pricing, were involved in the irregularity, but no sanctions were imposed against them.

    • It is indeed unsettling to imagine the extent of havoc Napocor can wreak upon the Philippine electrical-power sector with sustained impunity once it succeeds in its unrelenting effort to maintain its dominant market position. So far, Napocor has been resorting to all sorts of maneuvers, legal and otherwise, to delay the privatization of its power-generation assets.

    According to the ERC order of June 6, 2007, Napocor officials, led by del Callar, were behind the price manipulation. In its order, the ERC said del Callar, two years ago, wrote letters to Psalm recommending the adoption of certain policies that would amount to the price fixing if carried out.

    ERC Chairman Albano was also quoted as saying that while the subject of their investigation was the alleged price fixing of Psalm, it may set another probe for Napocor in the light of del Callar’s “highly inappropriate and irregular” letters. 

    E-mail: raulbvalino@yahoo.com.ph.

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