Consumers Domain
By Ian Seruelo

The (initial) victory vs. PECO

“Victory belongs to the most persevering.”
—Napoleon Bonaparte

This is one reason Ilonggo consumers are rejoicing now. Amidst the ever-increasing cost of everything, from toothpick to casket, from jeepney fare to haircut, here is something that will bring about a lower electric bill to households and business establishments all over Iloilo City.

In a decision dated September 16, 2005, the ninth division of the Court of Appeals (CA) headed by Associate Justice Roberto Barrios “denied due course and dismissed” the petition of PECO (Panay Electric Co.) that seeks to nullify and set aside the decision of the Energy Regulatory Commission (ERC) dated May 19, 2004.

The said ERC decision pertains to the regulatory body’s order to PECO to implement an unbundled or itemized rate schedule.  The rate schedule set by the ERC is a reduction of at least P2.00 from the rate of PECO, which is about P7.00 – P8.00 per kilowatt-hour. 
This P2.00 downward rate adjustment was supposed to be implemented around third quarter of last year but well we all know how the rich and powerful can manipulate this system in their favor.

It really is deplorable to think that when a certain decision results to an increase in rates, it is automatically implemented by a utility like PECO, notwithstanding a dozen of motions and objections from consumers. On the other hand, if an order is to decrease the charges, it will take a lifetime and tons of more effort for it to be enjoyed by the consumers.
 
Certainly, at the very start this reduced rate schedule could not have been arrived at by the ERC without the perseverance and effective intervention of advocacy and consumer interest groups.
 
This battle has been a long and protracted fight against a giant power distributor that other intervenors has long lost interest on the struggle including the apathetic Iloilo City Council and other groups whose only aim is to score propaganda points among the Ilonggos.

So this column once again would like to recognize the continuing efforts of Atty. Romeo Gerochi, the Freedom from Debt Coalition (FDC) and the Ilonggo Consumers Advocacy & Welfare (ICAW).
 
This writer has been part of this network who fought it out to the end (or at least until this very moment) and it is but proper to congratulate all those who have been part of all the legal and advocacy work such as the urban poor groups under KPML, the labor groups of BMP and PM, the movements under Sanlakas, the professionals of PRO-SR, the women of Women RAGE!, the various groups under RISE! and all individuals who have in any way made their valuable share.
   
These movements and consumer advocates have persevered in appearing before the ERC in all the hearings, responding to PECO’s pleadings, writing to the media, giving contributions and sharing their resources, holding pickets, rallies and other activities to voice out the consumers’ protests, keeping the issues alive and in the process educating the public.

And of course, kudos to all the consumers who have given moral and financial support especially during the holding of the series of pickets in front of the PECO office in Gen. Luna Street! You have provided these groups the strength to carry on.
     
Now notice however that despite the apparent finality of the rate reduction order, the title of this article contains “(initial)”.  It is to remind us consumers and advocates that it is not about time to rest and put our guard down.
 
For decades PECO was able to rob us in broad daylight of millions upon millions of pesos as they manipulated their charges by padding expenses and assets in their rate base so as to bloat our electric bills.

In fact, this is the very grounds that were articulated by Atty. Roming, FDC and ICAW in the regulatory hearings, and it is when the ERC disallowed those same expenses and assets that the lower rate was arrived at.
 
Now if PECO is capable of that, I think we can safely assume that its management and owners wouldn’t waste time into finding more creative schemes to ensure that what will be forgone with the rightful rate reduction will be recovered through another route. 
Ting! Ting! The bell has sounded. Now let’s prepare for the next round…
(For comments and reactions send SMS to 0919-348-6337 or email to ianseruelo@yahoo.com.)