Wednesday, October 16, 2019

DOE pushes oil deregulation law revision


By Lenie Lectura -  October 16, 2019
ENERGY Secretary Alfonso Cusi is pushing for the revision of the oil deregulation law so his office can enforce a proposed policy that seeks to unbundle fuel prices.
“We discussed that in the Cabinet and proposed to review the oil deregulation law because we need to have more transparency and really know how we price it.
“And I also issued a show-cause order on the difference of the oil price between Baguio, for example, and in Pangasinan or Manila. There is that price difference. I want that price difference to be unbundled. If I cannot unbundle the whole of the price, I want to unbundle the difference,” an irate Cusi said when asked for an update on the DOE unbundling circular as well as the show-cause orders issued against 13 oil companies.
Cusi hopes to gain the support of the lawmakers on this. “I believe that the Cabinet is with us because it is the interest of the people that is at stake.”
The DOE has kept close watch of fuel pricing since the September 14 drone attacks damaged key oil facilities in Saudi Arabia, as the Philippines imports nearly all of its crude oil requirements.
Section 14 of the Downstream Oil Industry Deregulation Act of 1998 mandates the DOE to monitor and publish daily international crude oil prices, as well as follow the movements of domestic oil prices.

Unbundling circular
The DOE unbundling circular requires oil companies to unbundle their price adjustments. They should submit a report to the DOE with a detailed breakdown of their import costs, tariffs, biofuel costs, oil company take components, and other essential cost components that contribute to the changes in retail prices.
Cusi said these enhancements would provide the DOE and other relevant government agencies with data necessary to formulate proactive and appropriate policy initiatives for the benefit of consumers and the downstream oil industry.
Furthermore, the data provided will support the DOE-DOJ (Department of Justice) task force investigations on reported incidents of anti-competitive behavior.
Oil firms oppose this, however, because, among others, they would have to reveal their so-called industry take amid a deregulated environment. While the DOE is barred from implementing the circular, the DOE’s only recourse for now is to recommend amendments to the oil deregulation law.
DOE Undersecretary Felix William Fuentebella said the oil firms also cited the same arguments in response to the show-cause orders issued by the agency recently.
“Their initial reaction is carbon copy of responses in the cases pending before the courts in relation to the unbundling case. They cited reasons but not details, citing the oil deregulation law. So, our legal team now is looking into the impact of this in the unbundling case. How do we move forward?” said Fuentebella.
The show-cause orders were issued in view of the apparent difference in the oil price rollback calculations between the DOE and oil firms. Local oil companies reduced gasoline price by P1.45 per liter, diesel by P0.60 per liter and kerosene by P1 per liter.
However, the DOE said the price reduction for gasoline was short by 22 centavos per liter, while the rollback for diesel was short by .06 centavos.

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