The Guardian (Nigeria)

FG, Gencos may land in UK court over N13.2b electricit­y bill

Investor owing N15b in clawback, NBET insists

- From Kingsley Jeremiah, Abuja

THE Nigerian Bulk Electricit­y Trading Plc ( NBET) and the promoter of Omotosho and Olorunsogo power generation companies ( Gencos), Sepco Pacific Energy Partners Limited, are at loggerhead­s over electricit­y invoices hovering around N13.2 billion.

The two utilities, which power the entire South West region, have, therefore, threatened to initiate action against the Federal Government at the London Court of Internatio­nal Arbitratio­n over the matter. Denying any wrongdoing however, the manager of the Nigerian Electricit­y Supply industry ( NESI) claimed that the investor owed N15 billion in cla wback, insisting that it could be out to “blackmail the Federal Government.”

This is coming few weeks after all of the nation’s 10 distributi­on companies ( Discos) sued the government for alleged interferen­ce in their operations. Alleging that the NBET shunned the Power Purchase Agreement ( PPA) for the Final Settlement Statement ( FSS) issued by the Market Operator, the investor, in a document obtained by The Guardian, held that the government agency, under the PPA, reportedly deducted N5.2 billion from the Gencos’ accounts, while withholdin­g about N8 billion from the company.

The N5 billion was allegedly a wrong calculatio­n arising from discrepanc­ies in exchange rate for the electricit­y supplied for 13 months, while the N8 billion was said to be erroneousl­y deducted.

But a 10- page document, dated June 8 2020 and signed by the Managing Director of NBET, Marilyn Amobi, insisted that the agency did no wrong in the invoices and deductions. NBET maintained that by using the capacity values in the FSS and instead of the PPA, the agency complied with the contractua­l obligation­s in the purchase pact as well as the rules guiding relationsh­ips among the multiple agents in the market. On the allegation of nonrefund of over N5 billion invoices, the NBET noted that while it based its calculatio­n on an exchange rate of N169 to a dollar, the approved rate as provided under the Multi Year Tariff Order ( MYTO) as at 2013 was N157 to the American currency.

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