THE Energy Regulatory Commission (ERC) has denied several petitions to intervene in the case involving four power supply agreements between Manila Electric Co. (Meralco) and four companies that are building coal-fired power plants.
“In a Commission meeting held on 30 August 2017, the Commission deliberated, and resolved to DENY the Petitions filed by Junia, Bait, et aI., and Borja to be admitted as intervenors in the instant case. However, the said Petitions are hereby treated as Oppositions to the instant Application,” the ERC said in four separate orders dated Sept. 14, 2017 and released to media on Tuesday.
The persons whose petitions were denied are Romeo L. Junia; Fe R. Bait, et al.; and Uriel G. Borja.
“The Commission also resolved to DENY the Motion to Dismiss filed by Junia,” the ERC said.
Meralco’s application for power supply agreements (PSA) were all filed for ERC resolution on April 29, 2016. The distribution utility has yet to receive approval for the contracts with power plant developers Redondo Peninsula Energy, Inc.; Panay Energy Development Corp.; Atimonan One Energy, Inc.; and St. Raphael Power Generation Corp.
Asked to explain the significance of the agency’s order, ERC Spokesperson Floresinda B. Digal said: “If you are given the status of an intervenor you can present witnesses as well as cross examine the other party’s witness.”
“If you are treated as an oppositor, you may submit your position paper anytime during the proceedings for the Commission’s consideration,” she said in a text message.
In its order, the ERC said petitions for intervention must be filed within five days before the date of scheduled hearing. But it said these were filed belatedly by the petitioners.
Mr. Junia, for instance, filed seven months after the initial hearing, while Ms. Bait et. al. filed seven months after the initial hearing. Mr. Borja filed nine months after the hearing, the ERC said.
The regulator also said that a petition for intervention may still be considered by the commission provided a petition has a direct and substantial interest in the subject matter of the proceedings.
It said one of the petitions, for instance, raised an issue concerning the country’s commitment to the Paris Agreement and the fact that the PSA application involves coal energy.
But it said, as pointed out by St. Raphael Power, whether the approval of the application will violate the Paris accord on climate change is beyond the scope of the commission.
“The Commission finds no merit in the explanation advanced by the Petitioners for the belated filing of the Petitions for Intervention,” the ERC said.
Meralco’s controlling stakeholder, Beacon Electric Asset Holdings, Inc., is partly owned by PLDT Inc.
Hastings Holdings, Inc., a unit of PLDT Beneficial Trust Fund subsidiary MediaQuest Holdings, Inc., has interest in BusinessWorld through the Philippine Star Group, which it controls. — Victor V. Saulon
