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Tuesday, September 02, 2008

 

ERC completes interim open access rules

By Euan Paulo C. Añonuevo, Reporter

THE Energy Regulatory Commission (ERC) has completed the draft rules on an interim open access scheme in the power sector that would allow end-users to choose where they source their electricity.

Under the rules, the proposed interim open access would only be effective until state-run Power Sector Assets and Liabilities Management Corp. (Psalm) completes the Electric Power Industry Reform Act of 2001 (Epira) mandate of selling 70 percent of state-owned National Power Corp.’s (Napocor) generating and contracted capacity. Epira requires the start of an open-access scheme upon fulfillment of the asset sale mandate.

As competition ensues, the level of efficiency in the power sector is expected to improve and the price of electricity will become competitive “because electricity providers will strive for service excellence to keep consumers,” the regulator said.

Delays in the sale of Napocor’s assets, however, have raised clamor for an interim open access, which would be voluntary on the part of the new owners of Napocor’s plants.

In its recently released draft rules, the ERC said the interim open access scheme can take effect only upon the transfer of the operation of the Calaca and Masinloc coal-fired power plants to their new owners.

The ERC said that the draft rules would undergo public consultations in Luzon on September 4 at the regulator’s office.

Psalm has yet to close the privatization of the Calaca plant, which was bid out to French firm Suez Tractebel’s unit Calaca Holdco Inc. for $787 million, despite the end of the 270-day count under the asset purchase agreement signed by both parties on August 4.

However, government officials earlier said the August 4 date “is a deadline for PSALM to complete all of its delivera­bles in the transaction.”

It would be recalled that Suez had earlier asked the ERC to approve a pending P0.37 per kilowatt-hour increase in the basic rate petitioned by Napocor before closing the deal with PSALM.

Suez’s letter to ERC expressed “concerns raised by the Calaca bidder on the low rates of Napocor,” which would affect the power supply contract attached to the facility.

But industry sources said that the approval of the rate hike may take a while after the regulator found the increase lower than what Napocor had filed for based on computations.

Francis Saturnino Juan, ERC executive director, said that Napo­cor’s petition for a P0.3685 per kilowatt-hour rate increase excludes the cost of the latter’s contracts with independent power producers that it wanted included in the final determination of its adjusted rates. The said adjustments would drive the rates up to about P0.50 per kilowatt-hour.

In light of this, Napocor and its co-applicant PSALM would have to either amend their application to take these into account or file an entirely new petition, which may take up to next year to be resolved, Juan said.

  
 

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