CA asked to lift TRO on ERC execs’ suspension

The Court of Appeals (CA) was asked yesterday to lift its order stopping the suspension of four Energy Regulatory Commission (ERC) officials found administratively liable for favoring Manila Electric Co. (Meralco).

But Malacañang lauded the issuance of a temporary restraining order (TRO) against the suspension issued by the Office of the Ombudsman on ERC Commissioners Alfredo Non, Gloria Victoria Yap-Taruc, Josefina Patricia Asirit and Geronimo Sta. Ana, saying it would have paralyzed the operations of the energy regulator that deliberates on petitions for power rate adjustments.

Lawyer Aaron Pedrosa, convenor of Power for People (P4P) coalition and complainant in the administrative case against the ERC officials, questioned the TRO, saying the CA Ninth Division cited “grave and irreparable injury” to the four suspended commissioners as a reason for issuing a TRO in their favor.

“These ERC commissioners were found to have colluded with Meralco to ensure their ‘sweetheart deals’ with sister coal generation companies push through. What about the grave and irreparable injury to Meralco’s 19 million customers who will suffer because of the coal-fired power plants they approved?” Pedrosa argued.

Pedrosa, also secretary-general of Sanlakas party-list group, warned that the TRO would allow the power supply agreements of Meralco to be implemented.

“This 60-day TRO may cost consumers and citizens at least 20 years of dirtier and costlier energy from coal,” he stressed.

Erwin Puhawan, another convenor of P4P from the Freedom from Debt Coalition (FDC), joined the call for the lifting of the TRO as he slammed the Duterte administration for the earlier half-baked implementation of the ombudsman’s order.

“Malacañang had ordered ERC chair Agnes Devanadera to implement the suspension. And yet, the President (Duterte) failed to name replacements for the suspended ERC commissioners, thus enabling the ERC to say that public service will suffer if the suspended commissioners cannot stay,” he pointed out.

“Who else can the consumer trust in protecting their interest?” Puhawan lamented.

Cris Palabay of the Save the Beauty of La Union, a group resisting the efforts of Global Luzon Energy Development Corp. – one of the questionable power supply agreements or PSAs – to build two 335-megawatt coal-fired power generating facility in La Union, agreed with Puhawan.

“If new or interim ERC commissioners are needed to replace the suspended ones, then Malacañang could easily appoint them. Why should those who were suspended because of anomalous activities be allowed to continue serving?” Palabay pointed out.

Bayan Muna Rep. Carlos Zarate had earlier questioned the TRO.