By Lenie Lectura - August 29,
2017
ENERGY Secretary Alfonso G. Cusi
urged the Power Sector Assets and Liabilities Management Corp. (Psalm) and San
Miguel Global Power Holdings Corp. to settle their differences over unpaid
obligations for the generated capacity of the Ilijan power plant.
Cusi said there is no need for him
to mediate as a contract exists between the two parties.
“[PSALM] should collect; that is the
contract [and SMC] has to pay. If [SMC] want government to honor the contract
then [SMC] also has to honor the contract on their end,” the energy chief said
when sought for an update on the legal dispute.
San Miguel Global Power, through its
unit South Premier Power Corp. (SPPC), earlier lodged a complaint against
PSALM.
On September 8, 2015, SPPC was
constrained to file a complaint before the Regional Trial Court in Mandaluyong
City against the Psalm due to a willful breach of contract arising from what
SPPC believes is a flawed interpretation of certain provisions related to its
generation payments under the Ilijan independent power producer administrator
agreement. PSALM’s unfounded interpretation has resulted in alleged shortfall
in generation payments by SPPC.
The case also sought to stop Psalm
from illegally terminating SPPC’s Ilijan IPPA and treating the latter as an
administrator in default. On the same date, the court issued a 72-hour
temporary restraining order against the Psalm.
On September 15, 2016, the court
issued an order granting a preliminary injunction enjoining PSALM from
proceeding with the termination of the Ilijan IPPA agreement with SPPC while
the main case is pending.
SPPC also filed criminal complaints
for estafa and violation of the Anti-Graft and Corrupt Practices Act against
officers of Psalm in connection with the earlier termination of SPPC’s Ilijan
IPPA.
Cusi said SMC could “easily” pay
whatever amount it owes to Psalm.
The power firm said last year that
it has already paid a total of P159.67 billion to Psalm as of April 2016.
“This is precisely the reason why we
filed a case against PSALM last year—to seek justice from the court, clear the
confusion and set the facts straight. We have been diligently paying PSALM what
is due us. We do not owe PSALM a single centavo. SPPC has fully paid all its
obligations under [IPPA] with the government,” San Miguel Global said.
PSALM earlier said SPPC owes the
government P12.3 billion in unpaid power generation fees as of April last year.
The amount includes a P7.8-billion disputed amount, which SPPC, administrator
of the Ilijan natural-gas plant, opposed.
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