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Saturday, May 31, 2008

 

Lopez Group fends off multi-front challenges

By Euan Paulo C. Añonuevo, Reporter

After just recently surviving a grueling challenge to its control of giant utility Manila Electric Co. (Meralco), the Lopez Group has found itself besieged in several fronts.

Salvos are coming from the Government Service Insurance System (GSIS), the state-pension fund; Congress; the state-owned National Power Corp.; the Securities and Exchange Commission (SEC); and a consumer group. Now, even a labor group has joined the fray.

Winston Garcia, GSIS president and general manager, said Friday he would move for the cancellation of the more than P1-trillion contract between the Lopez-controlled Meralco and the Lopez-owned independent power producer First Gen Corp.

“This [contract] is the mother of all sweetheart deals, which has to be rescinded if we are to stop the Lopezes of Meralco from saddling us with unconscionably high power rates,” he said.

First Gen, the country’s largest private power producer, controls the 1,000-megawatt Sta. Rita natural gas plant, which has been singled out by a number of lawmakers for allegedly having been paid by Meralco for undelivered electricity—a practice that is common in the power sector under “take or pay” contracts of power producers.

“Take or pay” is similar to amortizations that an individual enters into when buying a car or a house. Whether the person uses the car or house, he is tied to paying a monthly amortization.

Garcia said the contract between Meralco and First Gen was void at the very start, because it was sealed in violation of the terms of the utility’s franchise to provide electricity to its captive market at the least cost to consumers.

Napocor said in a statement that its rates are cheaper than First Gen’s natural gas-fired power plants, whose promise of “being able to lower electricity rates” is yet to be seen.

Garcia, who has been very vocal of his desire to wrest Meralco from the Lopez family’s clout, said the excesses of the Lopezes and their mismanagement of the utility have burdened consumers with one of the world’s highest power rates.

The GSIS chief’s bid to take control of the country’s largest distribution utility failed in Meralco’s board election on Tuesday, when Lopez nominees registered as the five highest vote-getters from the company’s shareholders, winning majority control of the company’s 11-seat board.

The government pension fund and its allied groups took four while independent directors were assigned two seats.

But the Lopez Group’s recently reaffirmed control of Meralco is being questioned by the SEC, which has asked the utility to explain why they should not be declared in contempt for ignoring its order, which was solicited by Garcia, to stop the counting of proxies in favor of pro-Lopez directors during the election.

The latest group to assail Meralco was the National Labor Union.

The labor union also on Friday decried the “arrogance [of the Lopez Group in Meralco] by placing [itself] above the law” in refusing to abide by the SEC restraining order. (See related front-page story.)

On Thursday, the National Association of Electricity Consumers for Reforms also expressed support for Garcia, who “exposed a series of anomalies involving the management by the Lopez family of Meralco.”

“Who will protect us, the lowly customers?” asked Pete Ilagan, the association’s president. “We hope that Mr. Garcia would pursue the fight, exhaust all legal options to correct all forms of Meralco mismanagement, and bring down power rates.”

   

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