BAYAN Muna chairman Neri Colmenares expressed concern over the implications of the Supreme Court temporary restraining order against Energy Regulatory Commission and the Department of Energy regulations on retail competition and open access (RCOA).
“We are particularly alarmed that the SC TRO has the effect of preventing many power consumers from having a choice of where their electricity will come from, and at what price,” said Colmenares, a former senior Deputy Minority Leader in the House of Representatives.
On Tuesday, the SC temporarily barred the government from implementing new regulations that compel big consumers to enter into a power-supply deal with any of the retail electricity suppliers accredited by the DoE and the ERC by Feb. 26.
SC Spokesman Theodore O. Te said the court issued a TRO stopping the implementation of DoE Circular DC-2015-06-0010 and ERC Resolution 5, Series of 2016; Article I, Sections 2 and 3 thereof; ERC Resolution 10, Series of 2016; ERC Resolution 11, Series of 2016; and ERC Resolution 28, Series of 2016.
“Delaying or stopping open access works in favor of big distributors such as Meralco, who incidentally, also owns power generation companies,” Colmenares noted.
“We call on the people to protest in the streets against this continued attack on consumers rights. We will also determine whether it will be compelling for us to intervene in this surprising legal development in order to safeguard the rights of power consumers,” he said.
“We also urge ERC to investigate reports that Meralco is pressuring its customers to rescind contracts with their suppliers in light of the TRO. We ask the ERC to investigate this reported actions of Meralco as this could further stifle any chance of competition especially since the SC has not yet decided on the merits of the case,” he added.
Energy Secretary Alfonso G. Cusi said on Thursday the Energy department is duty-bound to implement RCOA, a key provision of Republic Act 9136, or the Electric Power Industry Reformt Act of 2001, despite the Supreme Court TRO.
Cusi said consumers should have the freedom of choice as to which power provider they prefer to deal with.
“The spirit of the RCOA is giving the consumers the freedom of choice which would result in higher productivity for them. And the power of choice can only be maximized when there is a level playing field for all suppliers,” Cusi said.
“It is hoped that whatever the decision by the Supreme Court, it will redound to the ultimate benefit of the consumers, which is really the intent and the spirit of RCOA,” he added.
Energy Undersecretary Felix William Fuentebella said the DOE, ERC and the Philippine Electricity Market Corp. will come out with a unified policy for RCOA to address the concerns of the industry players that are affected by the SC decision.
The DOE, Fuentebella said, is determined to explore “all legal remedies”.
Under the RCOA, which will be enforced in phases, consumers are allowed to choose their supplier of electricity to encourage competition in the generation and supply sector.
