Thursday, October 3, 2019

DOE orders oil firms to explain pricing gaps


October 3, 2019 By Lenie Lectura & Jovee Marie N. dela Cruz

THE Department of Energy (DOE) has issued show-cause orders to oil companies and LPG (liquefied petroleum gas) dealers to compel them to explain discrepancies in their latest price adjustments, as lawmakers pushed for an investigation into possible predatory pricing.
Oil firms were given until Monday (October 7) and LPG dealers until this week to reconcile the gaps —the first time in three years between the private sector’s and the government’s estimates.
“In view of the apparent difference in the oil price rollback calculations between the Department of Energy [DOE] and oil firms, we issued show-cause orders [SCOs] to 13 oil companies yesterday afternoon [1 October],” the DOE said.  “Under the SCOs, recipients would have until Monday [7 October] to formally respond to the department.”
Regulators have kept close watch of fuel pricing since the September 14 drone attacks damaged key oil facilities in Saudi Arabia, knocking out 5 percent of global supply and driving up prices of world crude.
The Philippines imports nearly all of its crude oil requirements.
After imposing a whopping P2.35 a liter price hike days after the Saudi attacks, local oil companies this week reduced gasoline price by P1.45 per liter, diesel by P0.60 per liter and kerosene by P1 per liter.
LPG prices, meanwhile, increased by P4.50 per kilogram (kg). Also, auto LPG prices went up by P2.50 per liter.
“Based on DOE’s computation, however, ‘mas mababa po yung rollback nila for about 22 cents for gasoline and 6 cents for diesel. LPG increase, mas mataas po yung in-inform nila kumpara sa dapat iakyat based sa LPG world market. We’re also asking LPG suppliers and importers to explain in three days,” said DOE Assistant Secretary Leonido J. Pulido III. Per the DOE’s numbers crunching, therefore, the public should have benefited from bigger reductions in prices than what the fuel and LPG players gave them.
The show-cause orders, Pulido said, would provide these companies the opportunity to explain how they arrived at their respective oil price rollback calculations. The agency stressed that the explanations will be thoroughly evaluated.

Similar computations
Historically, the computations arrived at by the DOE and the oil companies have been the same.
“We were just surprised. Historically, our computations would match.  This is the first time over the last three years,” said Pulido.
He refused to name the 13 oil firms, saying this was necessary in order “to protect the integrity of the process.
Oil firms, for their part, said on Wednesday they will make public their side as soon as available.

Unbundling
Meanwhile, the DOE, once again, stressed the importance of the proposed oil price unbundling policy which was stopped by the courts.
The DOE circular requires oil companies to unbundle their price adjustments. They should submit a report to the DOE with a detailed breakdown of their import costs, tariffs, biofuel costs, oil company take components, and other essential cost components that contribute to the changes in retail prices.
Energy Secretary Alfonso Cusi said these enhancements would provide the DOE and other relevant government agencies with data necessary to formulate proactive and appropriate policy initiatives for the benefit of consumers and the downstream oil industry.
Furthermore, the data provided will support the DOE-DOJ (Department of Justice) task force investigations on reported incidents of anti-competitive behavior.

Oil firms versus unbundling
Oil firms, however, are against this because, among others, they would have to reveal their so-called industry take amid a deregulated environment.
While the DOE is barred from implementing the circular, Pulido said the agency said they will recommend amendments to the oil deregulation law. “The government cannot dictate the prices. DOE-DOJ task force to investigate anti competitive practices.”
The DOE, through the Philippine National Oil Co. (PNOC), is also pushing for the importation of cheaper fuel. “We consider this as a mid-term step. It’s part of a longer step. We are preparing a bill that we intend to introduce to Congress where we will ask for the legislation of a strategic reserve,” said Pulido.

House probe
In the House of Representatives, a lawmaker has asked the Committee on Energy to conduct an inquiry on the sudden recent increase in fuel prices with an end view of passing legislation to stabilize fuel prices.
In House Resolution 390, Marikina Rep. Stella Luz Quimbo sought an investigation on the legality, necessity and determination of the propriety of these sudden fuel price increases for purposes of accountability.
She said investigation is also needed to study the passage, or amendment of pertinent legislation, and the propriety of DOE pricing policies perceived to be facilitating the tacit collusion of oil companies for purpose of revising policies and passage of pertinent legislation.
Citing the minutes of a recent Senate Committee on Energy hearing, Quimbo said representatives from oil companies admitted that the country has enough fuel supply and may readily source refined and crude oil from other countries should tensions in the Middle East intensify.
“Despite this pronouncement, oil companies simultaneously announced a price increase of P2.35 per liter on gasoline, P1.80 per liter on diesel and P1.75 per liter on kerosene for the week resulting in the highest increase for 2019,” she said.
Quimbo said the spike in fuel prices took place allegedly as a result of the Saudi Arabia supply crisis.
“The oil price increase took effect 19 days after the drone attacks, despite the mandatory requirement to maintain a certain level stock, pursuant to DOE Department Circular 200301001,” she said.
“Given that the requisite stock of refiners is at least 30 days per Department Circular No. 200301001, the stock being sold right now should be insulated from the supply problem brought about by the Saudi Arabia crisis,” Quimbo added.
The lawmaker also said oil companies are required to report price adjustments to the DOE on the basis of the cited pricing formula, which uses parameters that do not vary by firm (such as the Mean of Platts Singapore [MOPS], exchange rates, and tax rates), that are calculated on a weekly basis, and despite the fact that importation is not necessarily on a weekly basis.
“The DOE pricing formula and policies relating to it may be facilitating tacit collusion or parallel pricing, thereby unnecessarily increasing prices to the detriment of consumers,” she added.
Section 14 of the Downstream Oil Industry Deregulation Act of 1998 mandates the DOE to monitor and publish daily international crude oil prices, as well as follow the movements of domestic oil prices.

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