Consumers Domain
By Ian M. Seruelo

Axis of Evil

“ I have discovered that all human evil comes from this, man's being unable to sit still in a room. ”

— Blaise Pascal

Below are excerpts of two statements which this column is accommodating for their relevance. Both statements are related to the power sector and contain important information for all of us who are power consumers.

The first one is from Greenpeace - Philippines headed by Red Constantino. Greenpeace is a worldwide organization that carries environmental advocacies. Its statement below is about the findings that Mirant's coal plants in Cebu were found to emit hazardous wastes – mercury and arsenic.

Well we all know that this same company is proposing to build the same death machine here in Iloilo. Mirant is notorious worldwide for its capacity to pollute. Hope some people in the government will open their eyes and ears.

The second statement is form the Freedom from Debt Coalition (FDC – Iloilo) headed by Atty. Roming Gerochi regarding the TRO issued by the Court of Appeals to stop the implementation of ERC's decision to unbundle and reduce the rates of PECO.

Tsk tsk, it seems that when decisions are favorable to a moneyed company, implementation is instant, but when a decision is favorable to the consumer, it's the total opposite.

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Gambling with people's lives (by Greenpeace)

Mirant is gambling with people's lives with the planned expansion of its climate killing, toxic-producing coal plants. Habitual polluters like Mirant must not be allowed to expand their polluting operations.

Results of tests on ash by-products taken from Mirant's coal power plants in the city of Toledo, Cebu were found positive for mercury, a deadly neurotoxin, and arsenic, a carcinogen.

Aside from the toxic results, the Greenpeace report titled "Coal Fired Power Plants and Mirant: Climate Killers and Toxic Polluters" also showed that Mirant's goal to expand its coal operations in the Philippines by a total of 650-MW over the next six years will produce a total of 6,149,520 metric tons of carbon dioxide (CO2) annually.  Carbon dioxide is the major greenhouse gas responsible for global climate change.

Carbon dioxide emissions from Mirant's 1200-MW Sual coal plant alone are equivalent to more than 570 billion jeepneys simultaneously starting and traveling for a kilometer. Mirant's expansion plans will add the equivalent of another 370 billion jeepneys' emissions to the country.

Coal plants are one of the most notorious sources of hazardous emissions.  In the US, coal plants are identified as the largest source of mercury emissions.

Going by the 25-pound average mercury emission rate per 100 MW coal plant, the combined 650-MW of additional coal-fired power that Mirant is proposing to build in the Philippines will potentially emit over 162 pounds of mercury each year - an appalling amount with wide-ranging and deadly consequences to the country's environmental and human health.

It is appallingly clear that the true costs of building more coal fired power plants would be the future of our children. We call on the Senate to immediately resume investigations of Mirant's dirty designs and to compel the company to stop its expansion plans. Mirant is a company that cannot and should not be trusted.

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TRO highly irregular, anti-consumer (by FDC)

In its order dated May 27, 2005, the Court of Appeals ordered the “public respondent Energy Regulatory Commission and all thereof acting for or through it, to cease and desist from enforcing, maintaining or otherwise giving effect to the assailed Decision of May 19, 2004 and the assailed (ERC) Orders dated January 19, 2005 and April 25, 2005.”

The issuance of the TRO by the Ninth Division is highly irregular, for PECO has a pending “Notice of Withdrawal of Rule 43 Petition” on the Court of Appeals' 17 th Division. Take note that a different division of the Court of Appeals, being the 9 th Division, issued the TRO, when it has a pending “Notice of Withdrawal” in the different division.

The ERC pointed out “forum shopping” when the 17 th Division granted PECO's motion for extension of time to file a Petition for Review. Forum shopping is ground for the outright dismissal of the case.

On the other hand, the rules in filing petition on the Court of Appeals states, that: “Where the legislature has seen fit to declare that the decision of the quasi-judicial agency is immediately final and executory pending appeal. Section 12 of Rule 43 should therefore be interpreted as mandating that the appeal will not stay the award, judgment, final order or resolutioin unless the law directs otherwise.”

The issuance of a TRO is a clear delaying tactic to temporarily suspend the implementation of the ERC ordering PECO to implement without further delay its final order for a P2.00/kwh reduction.

If PECO continues to refuse in reducing its generation charge from P7.00/ kwh to P5.00/kwh, consumers will continue protest actions and vow to take bold steps to protect and uphold its hard earned victory against the oppressive PECO.

(For comments and suggestions, please email ianseruelo@yahoo.com or send SMS to 0919-348-6337.)