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    Lower power rates soon?

    The government’s two-pronged drive to bring down the Manila Electric Co.’s (Meralco) predatory power rates has gained a lot of ground in the past week, and it looks like the Lopezes, who control the Meralco, are in one hell of a jam, whether they admit it or not.

    In Congress, the move to amend the regressive provisions of the Electric Power Industry Reform Act (Epira) is proceeding at full steam.

    It was perhaps providential that the Joint Foreign Chambers (JFC) had made the mistake of formally conveying, in a joint letter to President Arroyo, their objection to the move to amend the controversial law. This act of meddling, of course, drew bipartisan fire from both chambers, which are in the midst of floor deliberations on the proposed amendments.

    Perhaps nobody sounded more pissed off than Sen. Juan Ponce Enrile, chief proponent of the Senate version of the proposed Epira amendments. “Who are they to tell us what to do and what not to do?” he fumed in a privileged speech. Sen. Miriam Defensor Santiago, chairman of the Senate Committee on Energy, was no less furious. She led the move to call in the leaders of the JFC to make them explain why they seemed to be overstaying their welcome. The JFC leaders are scheduled to face the Senate today.

    Senate Minority Leader Aquilino Pimentel Jr. described the JFC’s letter as an act of “impertinence,” adding, “we cannot allow ourselves to be bamboozled by anyone. . . .” Sen. Joker Arroyo wryly noted the JFC move had boomeranged and provoked a bipartisan lament against its members, which include chambers from the United States, Australia-New Zealand, Canada, Japan, Europe and South Korea. Sen. Edgardo Angara explained the JFC was actually lobbying for the status quo, which he said was highly profitable for them.

    In the House, Rep. Luis Villafuerte, cochairman of the House energy committee, twitted the JFC for its “presumptuousness and lack of circumspection.” He explained that “amending the Epira is an idea whose time is come.” The abuses committed by Meralco in the name of this highly defective law are now public knowledge. “Public outrage over these excesses has provided the momentum to amend; the advocacy has simply assumed a life of its own,” he added.

    Meanwhile, the Lopez group’s management grip on Meralco remains under heavy siege right in its corporate headquarters. The siege is being led by the scrappy president-general manager of the Government Service Insurance System (GSIS), Winston Garcia. It will be recalled that the Lopez group, led by Manolo Lopez, allegedly used unvalidated proxies to get its group of five reelected to the Meralco board during the company’s stockholders’ meeting. The election was held in defiance of an order issued by the Securities and Exchange Commission (SEC).

    The SEC was about to call Lopez and other Meralco officials to task for this brazen act of defiance when, like a rabbit from a magician’s hat, the Lopez group suddenly produced a temporary restraining order from the Court of Appeals (CA). The TRO, to Garcia’s dismay, effectively stopped the SEC from performing its regulatory function concerning the proxy war. Garcia expected the SEC not only to cite the Lopez group in contempt, but also to declare the latter’s use of unvalidated proxies as illegal. With such a verdict, the tide would have turned, and Garcia would have majority control of the board. But the TRO effectively stymied Garcia’s offensive.

    Unfazed, Garcia is now asking that Associate Justice Vicente Roxas inhibit himself from the certiorari case for being allegedly biased, as shown by his undue haste in issuing the TRO without giving the GSIS the opportunity to air its side. GSIS lawyers led by Estrella Elamparo also claim that Justice Roxas was seen in the company of Meralco lawyers with a ready-made draft of a TRO even before the hearing could begin.

    GSIS lawyers have expressed confidence that the CA would find the wisdom to quash the TRO and allow the SEC to perform its regulatory function without any need for further intervention on its part.

    With the GSIS’s battering ram pounding relentlessly on the Lopez fortress, and Congress cranked up for action on the Epira, the dominance of the Lopez group in the electric-power distribution business is apparently coming to an end.

    The public can hardly wait because Garcia’s campaign promise was that he would bring down power rates by as much as 20 percent within two months of taking over the Meralco. A 20-percent slash in my monthly Meralco bill would mean at least P800 more for my food budget.  

    Omerta_bdc@yahoo.com

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