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    Groups oppose sale of Transco
     
    By Butch Fernandez
    Reporter
     

    HOPING to stall the privatization of the government-run power -lines subsidiary, the People Opposed to Warrantless Electricity Rates (Power) and the Bagong Alyansang Makabayan on Monday expressed opposition to the schedule bidding of the 25-year concession of the National Transmission Corp. (Transco).

    They described the bidding as “another tainted privatization deal brought to us by Malacañang, at great cost to the consumers.”

    Power and Bayan noted that Sens. Aquilino Pimentel Jr. and Jamby Madrigal exposed an alleged conflict of interest in the sale of Transco, because Public Sector Assets and Liabilities Management Corp. (Psalm) president Jose Ibazeta is a former business associate of a bidder in the Transco sale, ports magnate Enrique Razon Jr.

    “This is yet another tainted privatization deal and is really outrageous. Privatizing Transco is bad enough, but if there are allegations of a rigged bidding process, then that is even worse,” said Power convenor Prof. Gani Tapang.

    He noted that Transco is the crown jewel of the power industry, and it provides a highway for electricity and other uses, adding that whoever controls it can impose a “toll fee” on users of this highway. “In the hands of private interests, there is always the potential for abuse in the name of greater profits,” Tapang said.

    Ibazeta responded to public allegations of bidder La Costa Consortium, which was earlier disqualified in the prequalification for the bidding for the Transco business.

    “Based on news reports, a case is now pending in court questioning the prequalification proceedings. We are therefore bound by the sub judice rule not to comment on the merits of our position. It is regrettable that Psalm has been attacked in the media for a matter which has already been addressed to the courts. But no amount of public statements can change the fact that an entity which fails to comply with clear criteria must be disqualified,” said Ibazeta.

    The Psalm official added the proceedings were aboveboard—bidding procedures were clear made known to all the prospective bidders and applied equally to all of them.

    The procedures even gave bidders an opportunity to seek reconsideration of any decision on prequalification, to ensure there is no abuse of discretion in Psalm’s evaluation of the bidders’ submissions.”

    At the prequalification stage, according to Ibazeta, the bidders’ documents are evaluated by technical working groups, whose assessment is reevaluated by a review committee.

    The review committee makes a recommendation to the Psalm board: the secretaries of finance, energy, trade and industry, budget management and socioeconomic planning.

    “Only those who passed the prequalification criteria were allowed to proceed with the bidding process, which is not favoring any party; this is merely complying with the strict requirements for the Transco operator as stated in the bidding procedures and the Electric Power Industry Reform Act.

    The Psalm board makes the final decision; no single person dictates or controls the decision on prequalification,” Ibazeta said.

    He added that they owe it to the Filipino people to ensure that whoever operates Transco has the financial ability to maintain and expand its facilities.

    Meanwhile, Bayan secretary-general Renato Reyes Jr. said consumers will bear the effects of the privatization of Transco, as winning bidders will surely wish to recover their investments in the shortest possible time.

    “Transco should remain state-owned because it has strategic importance for the economy. The argument that the government needs to sell Transco in order to raise funds for debt payments is a grossly myopic view of the problem and will lead to a bigger burden for consumers,” Reyes said.

     

    JCPC summons Teves, Ibazeta

    THE Joint Congressional Power Commission (JCPC) has summoned Finance Secretary Margarito Teves to appear before the Senate-House panel at its next meeting on December 13 to explain why he should not be cited for contempt for approving the sale of government’s prime shares in the Phil. National Oil. Co.-Energy Development Corp. (PNOC-EDC) despite strong objections by the JCPC.

    Senator Miriam Santiago, JCPC cochairman, confirmed that the PowerCom also summoned Power Sector Assets and Liabilities Management Corp. (Psalm) president Jose Ibazeta to appear on the same day to clarify charges of conflict of interest in a separate bidding for the lucrative 25-year concession to run the National Transmission Co. (Transco) due to Ibazeta’s connection with one of the bidders. 

    “The first one [to be called to appear before the PowerCom]  is Finance Secretary Teves, as chairman of the privatization council which approved the sale of the EDC without notice to the JCPC,” she told reporters Monday.  She pointed out that the Epira law provides that to privatize the government corporation “we should sell the generating plants packaged to the steam sales agreement. This methodology was prescribed by the Epira law.  Now we hear that the privatization council [chaired by Teves] has approved of the sale by a means other than that provided by law.”

    “We had asked Secretary Teves to make an urgent appearance and give an explanation,” she added.

    Santiago said that next to be called right after Teves testifies is Mr. Ibazeta to clarify the charge of conflict of interest due to his past association with businessman Enrique Razon Jr., whose company is also bidding for the Transco concession.

    But Santiago explained the conflict of interest charge aired against Ibazeta by Senate Minority Leader Aquilino Pimentel and Consuelo Madrigal may not hold water if Ibazeta is able to sufficiently show that he has divested himself of any interests in Razon’s company.

    “There is a violation of law when the person who is supposed to sign or approve the contract is himself, or through a board, group, or a panel of the government, might have a financial, material, or pecuniary interest [in the contract],” she said. “In this case, the allegation is that the president of PSALM, a government agency, was a former member of the board of directors of several companies owned by Mr. Enrique Razon, who is part owner of a company which is one of the qualified bidders.”  (B. Fernandez)

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