Bacolod Councilor Archie Baribar said yesterday that the Central Negros Electric Cooperative is questioning the continued representation of the SP or the city by him and Sangguniang Panlungsod Secretary Vicente Petierre III in the hearing of their cases before the Energy Regulatory Commission, when the city is under a new administration.
The issue was raised by representatives of CENECO during the July 22 hearing of its application for the approval of its capital expenditure program for 2011 to 2013.
Baribar said he is filing a resolution today reiterating their authority to appear in all cases involving CENECO before the ERC.
Petierre said he does not understand why CENECO is questioning their representation if it is transparent in all its transactions.
“In the first place, we are also member-consumers of CENECO,” he said, adding that they want to help the consumers understand all that is happening in CENECO.
He recalled that, despite their request to reset the hearing, the ERC proceeded with the hearing of the application of CENECO for the approval of its CAPEX program on January 22.
Petierre said he and Baribar had filed for the postponement of the hearing because of prior commitments, and suggested that it be reset on the first or second week of August.
HEARING ON SONA DAY
But the hearing proceeded on the day of the State of the Nation Address of the President, and because he and Baribar were not available, the new City Legal Officer, Sarah Villamor, went to Manila to represent the city in their behalf to ask for reconsideration of the postponement, Petierre said.
Unfortunately, the hearing proceeded, so CENECO testified without cross-examination from their part, he said.
Petierre said this is a very crucial application on the part of CENECO involving P670.9 million which will be shouldered by the consumer-members once it is approved by the ERC, without the necessary scrutiny of the city, that is supposed to protect the consumers.
CENECO filed an application with the ERC in January for the approval of its CAPEX program with a project cost of P670.9 million.
It also asked to be granted provisional authority to implement the projects while the case is pending, saying it will enable it to deliver more reliable and efficient electric service to its consumers.
BEYOND DEADLINE
Petierre said ERC Resolution No. 20, Series of 2011 states that the deadline set for the filing of approval of interim CAPEX program is September 2011, while CENECO only filed its application in January.
CENECO said the CAPEX plan is envisioned to have the least rate impact focusing on a capital expenditure plan that will bring the most value to its customers at the most reasonable and justifiable electricity rate or at the least cost of service.
Petierre said that, from the start, they had been critical of the CAPEX program.
During the expository presentation early this year, they even questioned the bidding, particularly on the motor vehicles, because they felt that no competitive bidding transpired if ever CENECO had bought motorized vehicles in 2011, he said.
This is because the brand of the vehicles to be bought was already specified. So how can other distributors join the bidding? He asked.
NO CROSS EXAMINATION
Petierre said that if they had been given an opportunity to cross-examine the witnesses of CENECO, there were many things they could have infused.
It is their turn to present during the next hearing and they will try to secure a witness who will oppose and refute the testimonies presented by CENECO in terms of the purchase of capital assests/equipments, Petierre said.
During the hearing in Manila, CENECO was represented by its general manager Sulpicio Lagarde Jr. and their lawyers, he said.
Petierre said they will file a manifestation before the ERC regarding their intention to present their witness in the next hearing.*CGS back
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