January 18, 2018 By Victor V. Saulon, Sub-Editor
STATE-RUN Power Sector Assets and
Liabilities Management Corp. (PSALM) said the P57.88-billion “prepayment” made
by privately owned National Grid Corporation of the Philippines (NGCP) is not
valid, in a rejection of an arrangement previously agreed by the two parties
under the previous administration.
In a letter addressed to NGCP
President and Chief Executive Officer Henry Sy, Jr., PSALM has informed the
grid operator that its “remittance” of P57,883,053,062.96 made on July 15, 2013
“is not a valid prepayment under the CA (concession agreement) since at the
time of payment, NGCP has outstanding obligations to the National Transmission
Corp. (TransCo).”
“Accordingly, the attached Deferred
Payment Amortization Schedule prior to the 15 July 2013 remittance would apply,
such that, the maturities under the CA from January 2014 to January 2018 were
settled using the P57.88-billion remittance of NGCP,” the PSALM letter read.
NGCP’s franchise came after the
country passed Republic Act 9136 in 2001 or the “Electric Power Industry Reform
Act of 2001” (EPIRA), which paved the way for the sale of government energy
assets.
The law separated the different
components of the sector, including power transmission, which was spun off to
state agency TransCo ahead of its turnover to the private sector through
concession.
Unlike outright sale, the concession
agreement allowed the government to keep ownership of the transmission assets
through TransCo. Payment of the concession fee is through PSALM.
Sought for comment, NGCP
spokesperson Cynthia P. Alabanza said in a text message: “NGCP conducts its
business in full compliance with its franchise under RA 9511, the concession
agreement, and all laws, rules, regulations and other lawful issuances.”
“We are in receipt of a letter from
PSALM on this issue, and we have referred the same to our lawyers for further
study,” she added.
RA 9511 is the law that granted NGCP
a franchise to engage in the business of conveying or transmitting electricity
through a high voltage backbone system of interconnected transmission lines,
substations and related facilities.
Melvin A. Matibag, TransCo president
and chief executive officer, previously said he was against the prepayment
because it deprives the government of interest earnings for the fees, which are
paid twice yearly for the duration of the concession agreement.
NGCP won the 25-year concession in
2007 to operate the country’s power transmission network after an open, public
and competitive bidding process. It officially started operations as power
transmission service provider in 2009.
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