More authority, not emergency powers

MANILA, Philippines -  President Aquino’s request for Congress to grant him authority to avert a looming power crisis should not be called “emergency powers,” Malacañang said yesterday.

“It’s additional authority, not emergency powers,” a Palace official said.

Deputy presidential spokesperson Abigail Valte explained that what the President is seeking is “additional authority” as provided for under the Electric Power Industry Reform Act (EPIRA).

“Allow us to clarify emergency powers. It’s a concept under the Constitution. Under EPIRA section 71, it’s additional authority. That is the one to be discussed,” Valte said in a press briefing.

“I would stay away from emergency powers because that is an entirely different concept under the Constitution and would instead stick to additional authority under EPIRA.”

Article XII Section 17 of the 1987 Constitution states that “in times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest.”

Section 71 of EPIRA, meanwhile, states that upon the determination by the President of an imminent shortage of the supply of electricity, Congress may authorize, through a joint resolution, “the establishment of additional generating capacity under such terms and conditions as it may approve.”

Last week, the President asked Congress for additional authority to allow him to solve a power shortage next year.

Aquino called for the immediate enactment of a joint resolution allowing him to establish additional generating capacity.

The President said the energy department is bracing for a “critical electricity situation” in the summer of 2015 due to the expected effects of the El Niño phenomenon and delays in the start of operation of “committed power projects,” among other factors.

“There is no gainsaying that the imminent electric power shortage during these months is a real threat to the country’s growing economy and the general welfare of the people,” Aquino said in a letter dated Sept. 12.

“The speedy enactment of the joint resolution will ensure the energy requirements of the country for this critical period – through a specific, focused and targeted acquisition of additional generating capacities for use during the limited periods of time of very tight energy supply.”

Lawmakers, critics and the media labeled the President’s request as “emergency powers.”

Some have expressed reservations over the President’s request, which they claimed was “too broad.”

Administration allies vowed to scrutinize the request to determine how much it would cost the government and taxpayers.

Senate energy committee chairman Sen. Sergio Osmeña III has asked for a special meeting with energy officials to discuss the details of the grant of special powers.

“The meeting will be an opportunity for the energy secretary and members of both committees of energy in the Lower House and Senate to sit down and discuss matters pertinent to the request of the Chief Executive,” Valte said.

Last option

Meanwhile, Energy Secretary Jericho Petilla said the use of emergency powers would be the last option to deal with a projected electricity shortage.

“We have options other than exercising the emergency powers the President has requested from Congress,” he told reporters before the start of plenary budget debates in the House of Representatives.

He said the government wants to avoid using the requested congressional authority to rent additional capacity because it would cost consumers and taxpayers billions of pesos.

“The estimate is P3 billion per 300 megawatts (MW) for one year. If we need 600 megawatts, that means P6 billion for one year or P12 billion for a minimum contract period of two years.”

Petilla said the DOE is now looking at the so-called interruptible load program (ILP) as one alternative to fill the projected shortage.

He explained that the program calls for enlisting malls and big establishments to use their generators in exchange for some incentives to free up electricity that household users could consume.

“We are targeting up to 700 MW from this program. The problem is this is voluntary, so if they do not want to use their generators, we cannot force them,” he added.