Thursday, January 25, 2018

Lawyer Maceda appointed as acting ERC commissioner



Published January 23, 2018, 10:00 PM By Myrna M. Velasco

MalacaƱang has officially designated Catherine Paredes Maceda, a renewable energy campaigner, as acting member of the Energy Regulatory Commission (ERC) to partly fill the Commission-stripped agency of its leadership.
The appointment paper of Maceda was dated January 19, 2018 and was personally signed by President Rodrigo Duterte. The appointment paper was also officially transmitted to the ERC through its Chairperson Agnes T. Devanadera.
As of press time, however, it was hinted by highly placed sources that Maceda declined the appointment, as she reportedly opined that “prudence is the best option that can be best exercised in this situation.”  Correspondingly, her appointment had been reportedly withdrawn by MalacaƱang.
Aside from appointments at the ERC, it was also floated yesterday that Energy Undersecretary Jesus Cristino P. Posadas is seriously being considered as the next president of Philippine Electricity Market Corporation.
The PEMC is still WESM’s market operator, but with the anticipated split of its functions to that of the Independent Market Operator (IMO), PEMC’s role will already just be confined to governance and oversight of the electricity spot market.
Upon its incorporation with the Securities and Exchange Commission, the IMO for WESM will have its own President and Chief Executive Officer (CEO) who will also sit as member of the reconstituted PEM Board.
The designation of interim Commissioners at the ERC also tipped off lawyer Gary de Jesus, an alumnus of the Ateneo de Manila University, as another candidate to the post. Maceda reportedly got the backing of Senator Loren Legarda; while De Jesus’ links with the Utopia Fraternity at the Ateneo School of Law may have gotten him politically affiliated with the “powerful hands” in this administration.
With Maceda’s appointment paper circulating in the industry this week, legal questions were being raised whether the Palace had “first declared vacancy” to the ERC Commission posts before designating an Acting Commissioner.
In a related development, Executive Secretary Salvador C. Medialdea has instructed Devanadera “to implement the decision dated 29 September 2017”, on the “suspension from office without pay” of the four Commissioners for a period of one year.
Medialdea’s memorandum to the ERC Chair also stipulated that “in the event that the penalty can no longer be enforced due to separation from the government service, as in the case of respondent (former ERC Chairman Jose Vicente) Salazar, who was dismissed from the service by this Officer pursuant to its decision dated  06 October 2017, said suspension is  converted into a fine in the amount equivalent  to six (6) months salary payable to the Office of the Ombudsman  and may be deducted  from the concerned respondent’s retirement benefits, accrued leave credits or any receivables from your Office.”
For the prospective PEMC post, in recent interviews with Energy Secretary Alfonso G. Cusi, he indicated that he will definitely appoint a new PEMC President after the lapse of the term of the five transmission committee executives this February.
At that time, the energy chief was not sure yet or he might still be keeping his cards closer to his chest as to who will be his bet as the next chief executive of PEMC.

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