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  • JCPC limits room for Transco play
    By Butch Fernandez
    Reporter

    A MEMBER of the Joint Congressional Power Commission (JCPC) on Thursday said that Monte Oro Grid Resources Corp., which won the 25-year National Transmission Co. (Transco) concession, should not be allowed to sell shares to any of the losing bidders in case it makes an initial public offer to raise fresh funds.

    PDP-Laban Rep. Teodoro Locsin Jr. of Makati said: “If the losing bidders are allowed to buy into Monte Oro, that would raise suspicion that there was collusion in the Transco deal.”

    This developed as Sen. Miriam Santiago, JCPC cochairman, moved to cite Transco president Arthur Aguilar in contempt for snubbing Thursday’s commission hearing to review the Transco deal.

    “He [Aguilar] must explain to the JCPC because we are not accepting his excuse for not coming to the hearing,” Santiago said.

    Aguilar claimed he could not attend the hearing because he was presiding over a meeting of regional heads of Transco.

    During the same hearing, Power Sector Assets and Liabilities Management Corp. (Psalm) president Jose Ibazeta confirmed before the JCPC that Monte Oro consortium would still need to get a separate franchise
    from Congress to operate the government’s electric grid monopoly.

    “It cannot operate the [Transco] system before it gets the congressional franchise,” Ibazeta told the JCPC hearing, referring to the consortium of Monte Oro, Calaca High Power Corp. and State Grid of China, which submitted a winning bid of $3.95 billion for the government-owned electric grid.

    Ibazeta clarified, however, that the $3.95-billion bid would not be paid to the government until Monte Oro gets a franchise from Congress. “Nothing is actually paid until the franchise is given,” he said.

    Sen. Joker Arroyo noted that if Congress takes time to approve a new franchise for the Transco winning bidder, Monte Oro would then be under no obligation to pay the government since it cannot operate the grid monopoly.

    Ibazeta admitted that Monte Oro has “the option to walk away” from the deal.

    For his part, Locsin said the planned IPO for the Transco concession could be a “backdoor” ploy to have the losing bidders come in; hence, his condition to bar the sale of any shares to any of the losers.

    “It could be a ploy to let losing bidders join the concession so that everybody is happy,” Locsin added.

    Justice Secretary Raul Gonzalez, meanwhile, said he sees no irregularity with the bidding process conducted by Psalm on Wednesday for Transco’s privatization.

    In an interview, Gonzalez brushed off insinuations that the process was rigged in favor of the Monte Oro-led Chinese-Filipino consortium.

    The Freedom from Debt Coalition (FDC) earlier said that Walter Brown of Monte Oro is reportedly affiliated with Diosdado “Buboy” Macapagal Jr., the brother of President Arroyo.

    “It was the corporation that participated, the personality of the corporation is different from the individuals. Assuming he is involved, he is a legitimate businessman. He is just part of the group that bidded. Does it mean that just because he [Diosdado Jr.] is there, you have to disqualify the bid which is the highest bid?” Gonzalez told reporters.

    He said any accusation the process was rigged must be substantiated, even as he said the government is ready to answer any case filed in relation to the bidding.

    “What is important there is that the Psalm Board provided for a floor price, a minimum, but the offered bid of the winning bidder was very, very much more. So how could that be lutong makaw [rigged bidding]? If that was lutong makaw, they will not offer such price because they would win anyway,” Gonzalez said.

    The government, he stressed, cannot just nullify the bidding on mere speculation the process was rigged, as this might draw a lawsuit.

    “Why will you cancel a winning bid unless you have a good reason? You could be sued,” the Justice secretary said.

    Monte Oro consortium beat the consortium of San Miguel Energy Corp., the Netherlands-based TPG Aurora BV and Malaysia-based TNB Prai Sdn. Bhd. (With J. San Juan)

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