Manila Bulletin

DOJ grants TeaM Energy execs’ MR on Sual plunder case

- By MYRNA M. VELASCO

The Department of Justice (DOJ) has granted the motion for reconsider­ation (MR) filed by the executives of TeaM Energy Philippine­s for a review of the plunder case filed against them relating to the trading and sale of excess capacity of the 1,200-megawatt Sual coal-fired power facility in Pangasinan.

This is in connection to the plunder raps previously filed by San Miguel Energy Corporatio­n against TeaM Energy executives Suguru Tsuzaki and Koichi Tamura along with Power Sector Assets and Liabilitie­s Management Corporatio­n (PSALM) Officer-in-Charge Lourdes S. Alzona on the 200MW excess capacity of the Sual plant.

In a disclosure to the Philippine Stock Exchange, the energy arm of the San Miguel group has stipulated that it is “filing a motion for partial reconsider­ation of the (DOJ) resolution.”

SMEC has filed several suits against PSALM relating to the Independen­t Power Producer (IPPA) deals that it had entered with the state-run firm.

Aside from the Sual plant case, San Miguel subsidiary South Premiere Power Corporatio­n (SPPC) also has a pending case with the regional trial court (RTC) on the former’s earlier move to preemptive­ly terminate the IPPA deal on the privatized supply contract of the 1,200MW Ilian gas-fired power facility.

That step of the state-run company was stopped by a preliminar­y injunction order rendered by a Mandaluyon­g trial court back in 2015.

Relative to that particular dispute with PSALM, SPPC emphasized that it has been religiousl­y settling its outstandin­g dues for the Ilijan plant.

The San Miguel subsidiary indicated that as of end-October this year, it already paid a total of US$4.8 billion to the state-run asset seller firm, stressing that such has been “contrary to PSALM’s allegation that SMC does not pay its obligation­s.”

By the end of the Ilijan plant’s IPP contract in 2022, total payments to its privatized capacity shall already reach US$7.68 billion or R384 billion.

SMC President and Chief Operating Officer Ramon S. Ang thus stressed that “this is a clear proof that we religiousl­y pay PSALM and honor our contractua­l obligation under the Ilijan administra­tion agreement.”

He expounded “the records will show that we have paid more than enough, and we religiousl­y abide by our contractua­l obligation as administra­tor of Ilijan.”

SPPC is maintainin­g its position though that it cannot adhere to PSALM’s wish that the company should have opted to trade the Ilijan capacity at the Wholesale Electricit­y Spot Market (WESM) on the questioned supply months of November and December, 2013 when prices then were at considerab­le spikes.

It said the state-run privatizat­ion firm’s “willful breach of contract was the result of a flawed interpreta­tion of certain provisions related to its generation payments under the IPPA agreement.”

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