August 27, 2019 | 9:52 pm
THE Energy Regulatory
Commission (ERC) has asked the Department of Energy (DoE) for its comment on
the draft guidelines for the competitive selection process (CSP) and whether
its proposed rules do not contravene the circular earlier issued by the
policy-maker.
In a chance interview
on Tuesday, ERC Chairperson and Chief Executive Officer Agnes VST Devanadera
said the draft guidelines will have stricter provisions, including the
blacklisting of power generating companies that failed to deliver on their
contractual obligations.
She said she had sat
down with Energy Secretary Alfonso G. Cusi asking for his formal letter stating
that the draft guidelines do not go against the DoE circular. She said his
clearance had been given verbally during their meeting.
The DoE circular is DC
2018-02-0003, which adopted and prescribed the policy for the CSP process in
the procurement by the distribution utilities of power supply agreements for
their captive market. It was issued in February 2018.
The ERC guidelines have
gone through several public consultations but before the issuance, the Supreme
Court in May this year ruled that all PSAs forged after June 30, 2015 should
undergo a CSP to arrive at the least-cost power for consumers.
The ERC then asked the
court to reconsider its decision, but the move was later denied.
Ms. Devanadera said the
ERC would also “seriously” look into the composition of the third-party bids
and awards committee of the CSP process, which one legislator said might end up
coming from the recommended experts of distribution utilities, thus defeating
the purpose of having an independent entity during the bidding.
“Ang ginawa namin,
hindi na namin siyempre dinagdagan kung ano man ang nasa DoE (What we did
is, we did not of course added to what was already in the DoE circular),” she
said, adding that the ERC guidelines are more “detailed.”
She also said that the
blacklisting of generating companies that failed to deliver supply because of
power outages is within the power of the ERC for violators of its rules.
She said she had talked
with DoE officials on Tuesday when the House of Representatives heard the
budget of the two agencies for 2020.
ERC Commissioner
Catherine P. Maceda described the proposed guidelines as “very rigorous.”
“Wala namang
conflict [with the DoE circular]. It’s just that, it’s more rigorous,” she
said. “It offers very detailed CSP framework.”
Mr. Maceda said the ERC
would issue the guidelines as soon as the DoE says that there is no conflict
with its circular. — Victor V. Saulon
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