Thursday, May 2, 2019

After 18 years, Epira failed to give PHL energy security


By Rene E. Ofreneo -

After hearing for four grueling hours the testimonies of industry power players and government energy officials on April 26,  the hard-working chairman of the Senate Committee on Energy was a picture of concern and frustration.  Senator Win Gatchalian failed to get any assurance from the hearing participants that no more red/yellow alerts shall be issued by the power industry in the coming El Nino weeks.  Nor is there any assurance that brownouts/blackouts shall not occur during or after the mid-term elections.  And yes, Philippine electricity prices, among the highest in the world, are bound to rise when the demand spikes up.
Clearly, the Philippines has weak energy security. Simply put, energy security means the uninterrupted and sustained supply of electricity at reasonable prices to meet the needs of all households, offices and businesses.  Every country in the world strives to develop a national energy security program, some stretching up to several decades.  It is a strategic component in building up national stability, competitiveness and sustainability. 
Ironically, energy security is precisely one of the overarching goals of the “Electric Power Industry Reform Act”, or the EPIRA law.  The EPIRA was passed in 2001, or 18 years ago.  The list of objectives outlined in the EPIRA are truly ennobling:  
“a) To ensure and accelerate the total electrification of the country;
“b) To ensure the quality, reliability, security and affordability of the supply of electric power;
“c) To ensure transparent and reasonable prices of electricity in a regime of free and fair competition and full public accountability to achieve greater operational and economic efficiency and enhance the competitiveness of Philippine products in the global market;
“d) To enhance the inflow of private capital and broaden the ownership base of the power generation, transmission and distribution sectors;
“e) To ensure fair and non-discriminatory treatment of public and private sector entities in the process of restructuring the electric power industry;
“f) To protect the public interest as it is affected by the rates and services of electric utilities and other providers of electric power;
“g) To assure socially and environmentally compatible energy sources and infrastructure;
“h) To promote the utilization of indigenous and new and renewable energy resources in power generation in order to reduce dependence on imported energy;

“i) To provide for an orderly and transparent privatization of the assets and liabilities of the National Power Corporation (NPC);
“j) To establish a strong and purely independent regulatory body and system to ensure consumer protection and enhance the competitive operation of the electricity market; and
“k) To encourage the efficient use of energy and other modalities of demand side management.”
Consumer groups, CSOs and even some LGUs and small business groups have been raising and filing complaints on the failure of the EPIRA to deliver the above promises of the law.  In particular, we have seen the continuing rise in electricity rates, especially those charged by Meralco.  Which is the reason why there is a proposed bill on “Murang Koryente” and there is a Party-List group that has adopted the monicker “Murang Koryente”. 
The unchecked growth of electricity rates is very much related to the failure of the implementors of the EPIRA to “broaden the ownership base of the power generation, transmission and distribution sectors”.  What the implementors of EPIRA did was to transform public monopolies into private monopolies under a program of all-out privatization of the power generation, transmission and distribution sectors. In short, the whole system of power development and marketing is now built around the investment plans of the corporations engaged in the transmission, power generation, distribution and operation of the so-called Wholesale Electricity Spot Market (WESM). 
Some distributor companies such as Meralco even source their power from generation companies controlled by the owners of Meralco.  One study pointed out that the rates for more than 90 percent of distributed power is based on the non-transparent and hazy relationships between the generation companies and distribution utilities.  Which raises questions as to what exactly is the purpose of WESM and how WESM prices are really determined. Paging the PCC of Arsy Balisacan!
Meantime, the leadership of the  Department of Energy (DOE) of the Philippines, treated as a critical and strategic agency in China, Japan and other countries, has been weakened by the all-out system of privatization.  A check at the website of DOE shows that its main function has been reduced to monitoring, nudging and even cajoling the big private sector players. But its power to provide strategic leadership in power development, intervene in areas where the private corporate sector fails and discipline corporations which engage in predatory pricing practices or fail to coordinate with the government on their planned/unplanned power maintenance programs and outages – all these are not spelled out in the DOE TOR.  It is also obvious that much of the time of key officials of DOE is eaten up by looking for investors/contractors who can be engaged in different areas of the privatized power development program such as the establishment of new power generation projects.  
Meantime too, the Energy Regulatory Commission has been the object of so many complaints coming from the consumer associations, CSOs, trade unions and local business groups. The Mindanao Coalition of Power Consumers has reacted angrily to the failure of the ERC to review the various power supply contracts, 27 in all, involving the generation companies and distribution utilities and purge these contracts with onerous provisions that the Coalition blames for the high prices of power that the people of Mindanao have to endure.
From the foregoing, it is abundantly clear that this is an opportune time for the government, especially the Senate and the House, to undertake a rigorous assessment of the EPIRA based on the failure of the EPIRA to deliver the promises outlined above. There is a need to restore the role of the State as the leader in the overall management of the power development. 
There is also a need to truly put people at the center of power development. As a starter, why not put consumer/CSO representatives (non-voting) in the boards of the big transmission, generation and distribution companies, and empower them to give public reports on the true state of power development in the country?  

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