A call for PECO to obey the law

IT IRKS customers that Panay Electric Co. (PECO) resorts to strange legal maneuvers to perpetuate its power-distribution function in Iloilo City despite the expiration of its franchise on May 19 this year. It is a futile attempt to win the sympathy of power consumers.

No doubt, PECO has been with us for 95 years, but that does not make it indispensable. On the contrary, it has given its incorporators a false sense of righteousness.

For instance, they unabashedly wail, “MORE Power has no power-distribution assets and technical personnel. We have.”

The undisputed fact is that the transition from the old franchisee to the new one necessitates takeover by MORE Power of physical assets that are indispensable in the continuity of service.  But would it really deprive PECO of what to them is “private property”?

“No” is the answer. It transcends private property. All the power-distribution facilities have already been – and are still being – paid for by the power users. In fact, MORE Power’s petition for writ of possession before the Regional Trial Court (Branch 37, Iloilo City) stems from that premise.

Judge Marie Yvette Go, in an order dated May 24, saw the urgency of ruling on the application for a writ of possession because “this is a case involving electricity which is a basic necessity and vested with public interest.”

As provided for in Republic Act No. 9136 or the “Electric Power Industry Reform Act” (EPIRA), “the costs for the acquisition, construction and the establishment of the power distribution system were allowed to be recovered through the retail rate approved by the Energy Regulatory Commission (ERC), which retail rate covers full recovery of the costs/funds used to acquire, construct and establish these power distribution system assets.”

Applying that provision to PECO, it has already recovered its investment for the contested assets from its consumers.

Moreover, the new franchise law (RA 11212) requires MORE to pay PECO “just compensation” for its expropriation. A whopping P481,842,450 has been deposited in a bank for that purpose.

PECO has amassed humongous wealth from almost a century of power monopoly. But as to whether it has satisfied its 64,000 customers nowadays, we are sorry it has not kept pace with modern times.  Its leaning lamp posts, “spaghetti” wirings and dangling “whatevers” simply made renewal of its 25-year franchise unimaginable. These negativities were among the reasons why the 17^th Congress junked PECO’s application for renewal of franchise and approved MORE Power’s application for maiden franchise.

Unfortunately, even today when it still operates with only a temporary certificate of public convenience and necessity (CPCN), PECO has not stopped picking fights with disgruntled customers.  To reiterate what we cited previously, one of our friends was “disconnected” while away abroad.

On coming back, she paid her overdue account, hoping PECO would “reconnect” service.  To her dismay, she was asked to pay a deposit of P8,000, or else, sorry na lang.  She refused, knowing she was being robbed.

Why ask a “disconnected” customer for another deposit?  The bill deposit representing one month of the estimated bill is demanded only once from a new customer and is even refundable on demand after three years of continuous usage.

Under Article 23 of the “Magna Carta for Residential Electricity Consumers,” the utility “must immediately reconnect services not later than 24 hours from payment of arrearages.”

Let Juan dela Cruz be spared from further agony and delaying tactics. We beg of PECO to cooperate with MORE Power in a transition that would make everybody happy. (hvego31@yahoo.com/PN)