posted July 10, 2016 at 11:20 pm by Alena Mae S. Flores
Manila Electric Co. has sought
dismissal of the anti-competition complaint filed by the Energy Regulatory
Commission’s investigatory unit, saying it has no reason to restrict
competition in the market and increase prices as a distribution firm.
Meralco, in a filing submitted to
the regulator, cited the withholding of capacity by other power generators that
caused the spike in power rates at the Wholesale Electricity Spot Market in
November to December 2013.
The electricity retailer said the
company’s bidding procedure as contained in a power supply agreement with
Therma Mobile Inc. owned by the Aboitiz Group, “was not for the purpose of
competing and did not result in restricting competition in any market for
electricity.”
ERC is set to start hearings on the
violations of the Electric Power Industry Reform Act of 2001, especially on
anti-competitive behavior case in August.
“Neither did Meralco’s nomination
and bidding procedure constitute an abuse of market power or an attempted
monopolization of any market for electricity,” it said.
Meralco said it contracted the
capacity from Therma Mobile to serve the requirements of customers and its
nomination and bidding procedure did not unduly limit the participation of a
generation unit.
“Meralco’s nomination and bidding
procedure was not intended to cause significant increase in market prices. The
increase in market prices is due to the violations of the WESM rules by other
plants,” it said.
Meralco said far from engaging in
anti-competitive behavior, it even sought to lessen the impact of the price
spike through several mitigating measures. “This, by itself is evidence that
Meralco did not commit any anti-competitive behavior,” it said.
Meralco said Therma Mobile’s
decision to bid at P62 per kilowatt-hour was with the expectation that it will
not be cleared or dispatched.
ERC’s investigating unit claimed that
Therma Mobile’s bidding strategy caused the market to clear above P60 per kWh
for 45 times from November to December 2013.
Meralco, however, said Therma
Mobile’s supply was dispatched because of the violations of the WESM rules by
other plants and overlapping plant outages, which set the stage for clearing
the P62 per kWh offer prices.
“In the instances that Therma Mobile
cleared at P62 per kWh, several plants did not offer or offered but did not
dispatch their declared capacities or were already running but did not run
their full capacity for no justifiable reason—all contrary to the WESM rules,”
it said.
Meralco said one such plant is the
620-MW Malaya diesel power plant operated by Power Sector Assets and
Liabilities Management Corp.
“The reason for the WESM clearing at
P62 per kWh was PSALM’s violation of the WESM rules, which created certain
conditions that led to the P62 per kWh cleating price,” it said.
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