Showing posts with label Popo Lotilla. Show all posts
Showing posts with label Popo Lotilla. Show all posts

Saturday, July 25, 2015

Energy Econ 39, the UPSE-Ayala forum on the PH power sector

Last Thursday, July 23, I attended this forum held at the Ayala Museum, Makati. Main speaker was Atty. Raphael Perpetuo "Popo" M. Lotilla, former DOE Secretary and Chairman, Center for the Advancement of Trade Integration and Facilitation (CATIF). Discussants and reactors were (1) Mr. Vicente S. Perez, Jr., former DOE Secretary, President of ALTERNERGY and Chairman of WWF-Philippines, (2) Mr. John Eric T. Francia, President & CEO of Ayala Corp. (AC) Energy Holdings, Inc., and (3) Dr. Peter Lee U,Dean, School of Economics, University of Asia and the Pacific (UAP).

This photo from the UPSE website; from left: Perez, Lotilla, Francia, Lee U.


Popo talked about the various provisions of the Electric Power Industry Reform Act (EPIRA) law of 2001, in particular the Retail Competition and Open Access (RCOA), the Energy Regulatory Commission (ERC), Wholesale Electricity Spot Market (WESM), etc.

It was a full-packed room, as usual. Many participants are from the energy sector, public and private. Mr. Jaime Zobel de Ayala (JAZA) was there, also ERC Chairman Atty. Juan, people from San Miguel Power, Aboitiz Power, Meralco, etc. Many faculty members of UPSE were there too. And former PM Cesar Virata,

During the open forum, I spoke, I said that I agree with the speakers that EPIRA does not need amendment or abolition. It's the renewables cronyism law, Renewable Energy (RE) Act of 2008 that needs amendment or abolition.

Vince Perez and  others in the audience I think raised their eyebrows and wondered, so I repeated it's renewables cronyism. In particular, the feed in tariff (FIT) and renewable portfolio standards (RPS) provisions. FIT is guaranteed minimum price for 20 years. In classic and orig capitalism, there is no such thing as "guaranteed" price and profit. Prices rise and fall due to dynamics in supply and demand. If there are lots of power plants running at the same time relative to power demand, the price shd go down. By how much, well down to P0.50/kWh perhaps during midnight or long holidays.

RPS is mandatory use by the national grid through NGCP. Thus, if good wind comes in at midnight, wind power produce more power at P8+/kWh (FIT priice) but coal can also provide power at P0.50 or P1/kWh that same time, NGCP is arm-twisted, coerced by the law to take the more expensive wind power and reject cheaper power from coal on that hour/s.

That is hypocrisy. We should have cheap electricity because we already have the 2nd or 3rd most expensive electricity in Asia. Yet RE law mandates more expensive electricity on top of already high prices.

Then I specifically asked Vince about my opinion  that he has conflict of interest in the sector. He is the Chairman of WWF-PH that explicitly lobbied for FIT/expensive electricity implementation, and his companies benefit from those FIT and RPS. RE law was enacted in December 2008 but FIT was implemented only by mid-2012 because many sectors and energy consumers opposed even more expensive electricity.

Two more questions from the floor, one about nuke power. Then Popo replied to the two questions. Vince replied to  my question that he has no conflict of interest because RE law was enacted when he was no longer the DOE Secretary.

I did not make a follow up question because there were many other hands raised to ask questions or make comments. Vince simply did not answer my question and my point above I think, remains valid.

Meanwhile, the reasons why I agree with the speakers that EPIRA does not need not amendment now, or even abolition, among others:

1. It allowed privatization of losing, low capacity National Power Corp. (NPC) power plants, especially hydro.

2. This drastically reduced NPC losses and public debt, before something like P100B or P150B a year, NPC has near-zero capacity to pay those ever-rising debt, it can only add and exacerbate it. Who will pay those huge NPC debts? You, me and our children through taxes and more taxes.

3. It allowed more players, more competition in the power generation sector. Before, there was only NPC, Lopezes and some Aboitiz power. Now there are San Miguel, Trans Asia, KEPCO, SN Power, GN Power, AES, AC, Salcon, GBPC, and about dozen-plus others, aside from the Lopez and Aboitiz companies.

4. It allowed retail competition and open access (RCOA). If you have a 1 MW power plant, say a small hydro in Montalban or Marikina, and some villages in Marikina or UP-Ateneo area want to buy your power output, you can bypass Meralco, bypass NGCP, etc. You pay fewer fees (no transmission fee, no distribution fee, no universal charges too, I think).

5. Compare Mindanao hydro, ALL are still under the government/NPC, and they have frequent "Earth Hours" there. In Luzon, almost all hydro plants were privatized, government made money from privatization proceeds which helped reduce the public debt, while improving the capacity factor of those plants. Ex. Magat hydro in Isabela, 360 MW. Under NPC, it would be VERY lucky if it can produce 300 or even 250 MW. When Magat was bought by a Norwegian power company in partnership with Aboitiz power, its capacity went up to 100%, full 360 MW. The Norwegians are perhaps #1 in the planet when it comes to hydro power tech. Later, Magat's capacity even improved to 380 MW.

Private power plants, if they run too low against their capacity, will be losing money, something they cannot afford. On the other hand, losing power plants under NPC was not so much a concern of NPC officials and employees, they were assured of funding (their salaries, travels, trainings, etc.) from the budget, yearly.
  
After the forum, meals. From left: Prof. Ruperto "Ruping" Alonzo, retired UPSE faculty and former NEDA Dep. Dir. General, me, Popo Lotilla (a former dormmate at Narra dorm, UP Diliman in the 80s), Simplicio Endaya, a fellow UPSE alumni, and Dr. Epictetus "Lingling" Patalinghug, Prof. at UP Coll. of Business Administration, trustee of ADR Institute.

Ninong Ruping and Lingling are my former professors in UP, and among my wedding sponsors. :-)

I also talked briefly to Eric Francia. I think I told him that the Ayala Corp. (AC) should not ask for energy subsidies. He replied that they have a diversified energy sources of power generation.

The main reason why AC should NOT ask for subsidies (Eric, Romy B., feel free to  forward this to Mr. JAZA :-)) is that AC is a net energy consumer, not energy producer. Its core business is real estate, those expensive and glittering malls, residential and office condo, sprawling expensive subdivisions, etc. Thus, it should lobby for cheaper electricity, not expensive power. When it develops renewables like wind and power and get subsidies, it is contributing to more expensive electricity. The Ayalas (unlike the other big Spanish families and hacienderos) were able to build their huge business empire because of innovation, not because of political cronyism. So why would it ask for renewables cronyism and favoritism now?

They can develop renewables like putting up solar roof on their malls like what SM North Edsa has done, mainly to augment their power needs, or part of their CSR publicity, WITHOUT asking for subsidies. I heard that they lobbied for retroactive FIT for an old wind farm they bought but was built before RE law (RA 9513) was enacted in 2008. Will check how true is this story.

Ok, that "subsidize renewables to save the planet" and "man-made" warming/climate change drama. Here's the chart again of planet Earth's long-term climate history.


The campaigners and lobbyists of "more expensive electricity to save the planet" are of course dishonest. The UN, Al Gore, WWF, Greenpeace, Oxfam, etc. They make huge money by fooling the public, and they get more donations from the public, more tax money from governments.

It is simply wrong and dishonest to say that:

1. There is only "man-made" warming/CC, no or little "nature-made" warming/CC;
2. There is only global warming, no global cooling that can happen after GW;
3. There is only "unprecedented" warming, no Medieval warm period (MWP), Roman warm period (RWP), other warm periods in the past while there was not a single SUV or coal power plant;
4. Less rain or more rain, less flood or  more flood, less storms or more storms, less snow or more snow, less dogs and more dogs, they are all proof of "man-made" CC.

So ALL those alibi and drama for expensive electricity via subsidies to wind and solar "to save the planet" have no justification.

Trivia: I knew that the forum would be on July 23, but I thought it was at 1:30pm, so I went to the office that day in polo shirt, jeans/maong and rubber shoes. When I checked again the event around 9:20am, it said the program would start at 9:30am! No time to go home to change dress and shoes, I went there in the most casual, informal attire. I arrived when Popo was already speaking, just stood at the back.  Later I sat in the front chairs, beside NEDA Dir. Gen. and my former teacher in UPSE, Dr. Arsenio M. Balisacan.
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See also: 

Sunday, June 17, 2012

Rule of Law 14: Appointing the New CJ of the Supreme Court

One irony of the supposed independence of the Judiciary from the Executive branch in the Philippine government, is that the Chief Justice (CJ) and all other Justices of the Supreme Court, are appointed by the President of the country. Although there is a Judicial and Bar Council (JBC) that shortlists and narrows down the list of nominees for the posts, say from 20+ nominees to only three, the final judgment of who should comprise the highest court of the land still rests in the hands of the President.

It is a legal and technical limitation indeed. But if not the President, who will appoint them, the non-elected members of the JBC? Should Justices of the SC run for elections, say among lawyers, and winners will become Justices of the SC, and they will elect among themselves who will be the CJ? All these are not plausible either. So we have to live with the current set up. Not a perfect one but is working nonetheless.

There are more than 20 nominees now, all of whom have accepted their nomination and many of them are "outsiders", meaning currently not Justices, for the new CJ of the SC. They include a number of officials in the current administration, academics, corporate practitioners.

I am posting two good ideas from two good lawyer-friends. One from current UP Law Dean Marvic Leonen, and one from former UP Law Professor, former DOE Secretary, Raphael "Popo" Lotilla. Marvic and I belonged to the same undergrad organization in UPSE, the UP Economics Towards Consciousness (ETC) although he's one year senior than me. Popo was a former dormmate from Narra Residence Hall in UP.

I like Marvic's questions, they are direct to the point. And I like Popo's arguments why he declined his nomination to the post. I believe that all "outsiders" among the current nominees should back out, and consider being nominated as one of the Justices to fill up the vacancy of someone who will be appointed as the new CJ.  Photos, Marvic on the top, Popo below.

Here are the two papers.

10 Questions for Applicants to the position of Chief Justice, Supreme Court of the Republic of the Philippines


by Marvic Leonen, Tuesday, June 5, 2012

Questions to test their command of the law:

(1) What do you think are the various credible ways to "read" the constitution? What is your preferred interpretative modality?

(2) Do you think that the Court improperly flip flopped in the PAL Labor Case? in the League of Cities Case? Would you think that this would impact on final and executory cases pending in lower courts or cited as precedents in the future? What measures, if any, would you seek to introduce to prevent these incidents to happen again?

(3) Do you agree with the current state of jurisprudence of the Court relating to those who criticize it? For instance, do you agree that academics can be held liable for criticisms of decisions rendered by the Supreme Court? Also, do you agree with the current standard that journalists must meet in order to escape punishment from the Court?

(4) Do you agree with the current state of jurisprudence relating to media and the courtroom? Why or why not?

(5) Do you believe that constitutional rights to privacy are unduly infringed if foreign currency deposits of public officials are made public? Why or why not?

(6) What is your position on affirmative action and minority rights?

Questions to test the managerial knowledge of the candidate.

(7) What interventions, if any, would you introduce to speed up the delivery of justice in all our courts? Why do you think these interventions have not been introduced or completed in the past?

(8) Recent studies in law and economics point to the importance of administrative fees both to filter cases and to enable the litigants to internalize the costs of litigation. Do you agree in changing the basis of docket fees so that it becomes a percentage of the networth of all the plaintiffs rather than on the nature of the litigation? Why or why not?

(9) Do you agree with the proposition that it would be better if the President named his choice for a judicial position and this be vetted by the Commission on Appointments rather than by the Judicial and Bar Council? Why or why not?

(10) Can you give us a briefing of the various reforms put into place by various Chief Justices in the past to increase access to justice? What additional interventions, if any, would you introduce?
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My Dear Friends,

I have considered thoroughly the nomination that you have submitted to the Judicial and Bar Council, and I can only express to you my sincere thanks, but regretfully have to decline.

In the past, I took the position that in a highly politicized context as in the Philippines, appointment to the office of the Chief Justice based on seniority is a tradition that minimizes the jockeying for appointment from within and outside of the Court. I still have to be convinced of the wisdom of departing from that view.

Without any legal compulsion behind it, this tradition was, in instances few and far between, set aside. But, time and again, its restoration has been welcomed with relief, like a lost valued symbol of character regained anew. Today, we have an opportunity to restore the tradition—or completely to overturn it. It reminds me of a story told, apocryphal perhaps, that the much venerated Justice Jose B.L. Reyes—who was older in age but less senior in tenure in the Court than the respected Roberto Concepcion—was considered for appointment as CJ to allow him to occupy the Court’s highest position. J.B.L., it is said, would have none of it.

The tradition of seniority has a way of muting political ambitions and insulates to some degree the office of Chief Justice from the patronato system. Over the long term, particularly under future presidencies whose virtues we are unable to anticipate at this point, adherence to the principle of seniority may still be our best option. Restoration of the tradition, which is entirely of Philippine innovation, would then shift the national focus to the quality of every future appointment to the Court, and away from the position solely of the Chief Justice. Would not this be in better keeping with the collegial character of the Republic’s Supreme Court?

I suggest that only for overwhelming reasons, such as the inability of the incumbent members of the Court to redeem themselves and the institution, should we consider appointing from outside of the Court. Whether these weighty considerations exist, the appointing power can be a better judge from the unobstructed view of the leader’s lair. But my own individual assessment is colored with undisguised optimism: that the members of the Court, individually and as a collective, have distilled from recent experience lessons of primordial import for rebuilding and strengthening national institutions including the Court itself.

Wishing you all the best with a reiteration of my profound thanks,

Sincerely yours,

Popo
Raphael P.M. Lotilla
June 17, 2012
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See also:
Rule of Law 8: Purpose and Supremacy of the Law, June 15, 2010
Rule of Law 9: Laws, Prohibitions and Corruption, June 30, 2010
Rule of Law 10: On Wang-wang and Government Laws, July 04, 2010
Rule of Law 11: RoL Index, October 15, 2010
Rule of Law 12: Gloria Arroyo, Travel Abroad and the SC, November 16, 2011
Rule of Law 13: Freedom Barometer 2011, March 23, 2012

Tuesday, June 15, 2010

CSOs and State 10: The Role of Civil Society

Sometime in mid-November 2001, I had a debate with Mr. Nicanor Perlas in the KOMPIL yahoogroups/ Mr Perlas was a known environmental and civil society organizations (CSOs) leader in the country then. He ran for President in the 2010 national elections as an independent, with no established political party to support him. He lost naturally, along with other candidates from small and non-established political parties.

The debate started with his critique of then NEDA Deputy Director General (DDG) Popo Lotilla over certain decisions of the Philippine Agenda (PA) 21. Since the focus of this paper is on the theoretical debate on the role of civil society, I removed discussions that focused on details of the debate then. I copy-pasted Mr. Perlas’ postings in pilipinasforum yahoogroups and that’s where a friend, Ozone Azanza was able to read and made counter-arguments against his points.

Here are the snipped exchanges:
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Dear Mr. Perlas,

You said,

the PCSD and PA21 take, head on, the challenge of globalization in the framing of its agenda, policies, and programs. In this way, the Philippines has a powerful alternative to the neo-liberal, radical free market approach of the World Bank, IMF, and WTO, an approach the NEDA is beholden to, an approach that is starting to collapse rapidly worldwide.

The beneficiary of liberal flows of capital and international NGO funds consider free market as "an approach collapsing rapidly worldwide.” 

In a number of papers and discussions, Mr. Perlas defines civil society as "an institution to challenge the totalitarianism of the state and the market". To which I don’t really buy. For me,

a. Markets - individual producers and traders, individual firms and consumers, from prehistoric times to the present - make the world go round.

b. State - an invention to correct market failures, address harmful "externalities", provide "public goods".

c. Civil society - an invention to correct state failures and inefficiencies, later lambast market's self-correcting mechanisms (such as de-monopolization of industries through deregulation & more competition).

Thus, I find the PCSD's composition - 16 from govt., 9 from civil society, 2 from labor (hence, 2 more for civil society), 2 from business - rather weird. The government bureaucrats and many self-styled civil society leaders outvoting business who provide jobs, who produce & trade the goods and services that give sustenance to the other 2 groups. And this set-up is almost "ideal, second to none", according to Mr. Perlas.

-Nonoy Oplas

I agree with you, Noy. There may really be some extreme positions that the civil society group of Mr. Perlas would want Deputy Director General (DDG) Popo Lotilla to endorse to the Office of the President. And of course, the good DDG would not be anybody's lap dog. As one of the only two real recognized experts in international law (the other would be Commie Haydee Yorac?) of course he would have to view things bearing the Philipines' various commitments in the international arena. The problem with SOME civil society groups/watchdogs is they act like kalesa horses. They can see well up ahead, but their peripheral visions are restricted. In a globalized market setting, nations can not be saddled by NIMBYism and other restrictive tendencies. The world is changing, and we have to change with it.

-Ozone Azanza