THE Supreme Court has been asked to lift the temporary restraining order (TRO) barring the Department of Energy (DoE) and the Energy Regulatory Commission (ERC) from opening up the power market to Retail Electricity Suppliers (RES).
In a petition, former legislator Neri J. Colmenares, who chairs the Bayan Muna party, said consumers should have the freedom to choose an Retail Electricity Supplier (RES) from the 23 short-listed by the ERC
The original TRO petitioners sought in February to block the implementation of the RES system. They were the Philippine Chamber of Commerce and Industry (PCCI), San Beda College Alabang, Inc., Ateneo de Manila University, and Riverbanks Development Corp.
The TRO halted the implementation of DOE Circular No. DC2015-06-0010, Series of 2015, ERC Resolutions No. 5, No. 10, No. 11, and No. 28, all from Series of 2016. If implemented, power users whose consumption met certain thresholds would have been able to leave their power suppliers in favor of a RES company.
The SC has yet to rule on the February petition.
Mr. Colmenares in his petition said: “Such a sweeping TRO is to the advantage of monopolies like Meralco (Manila Electric Co.), to the further detriment of energy consumers.”
He said the TRO does not allow consumers to “leave the Meralco franchise for energy suppliers offering lower rates” and they may “bear the increased cost of consumer goods as a result of higher energy costs.”
“The spirit of this Intervention is for consumer advocates to contribute to the process of dismantling monopolies in the energy sector. It is also to ensure that the voice of ordinary consumers from the captive market is heard on this very important issue,” he added.
Mr. Colmenares said the February petitioners “have no legal right to demand the injunction of the entire DOE and ERC issuances,” and that “the entire DoE and ERC issuances cannot be restrained because petitioners have failed to prove, much less allege, clear violation of the law or the constitution.” — Dane Angelo M. Enerio
