San Miguel Energy Corp. (SMEC) has filed
in the Department of Justice (DOJ) a plunder complaint against the head of the
Power Sector Assets and Liabilities Management Corp. (PSALM) and officials of
two other private energy firms accused of entering into an alleged anomalous
deal in 2009 that supposedly resulted in government losses of P14 billion.
In a 20-page complaint-affidavit filed on
Oct. 21, SMEC general manager Elenita Go charged PSALM president and chief
executive officer Lourdes Alzona; Suguru Tsuzaki, president of Team Philippines
Energy Corp. (TPEC); Koichi Tamura, executive vice president of Team Sual Corp.
(TSC), and several John and Jane Does with plunder as defined under Republic
Act No. 7080 and violation of Section 3(e) of RA No. 3019, or the Anti-Graft
and Corrupt Practices Act.
Go said the case involved the allegedly
illegal grant of the so-called “excess capacity” of the Sual Power Station to
TPEC, which enabled it to receive around P17.3 billion at the expense of the
government and SMEC.
In June 2009, PSALM entered into a
memorandum of agreement (MOA) with TPEC and TSC, which served as the
independent power producer (IPP), for the coal-fired Sual Power Station in
Pangasinan.
The MOA, according to the complaint, gave
birth to the concept of “excess capacity” wherein it was agreed that the
“contracted capacity” would be 500 megawatts net per unit while the “nominal
excess capacity” would be 100 MW per unit.
TSC shall be entitled by itself and/or
through TPEC to market, offer, sell or supply the nominal excess capacity to
any customer, independent of and without payment of any fee to PSALM and/or the
National Power Corp. (Napocor).
In August 2009, SMEC won the bidding as
the IPP administrator for the 1,000-MW contracted capacity of the power station.
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