Taguig RTC extends TRO vs power bidding
THE Taguig City Regional Trial Court (RTC) that issued a temporary restraining order (TRO) against two biddings for 1,000 megawatts (MW) of additional electric supply has extended the TRO duration from 72 hours to 20 days.
The TRO was in response to a petition for injunction filed against the biddings to be done through Competitive Selection Process (CSP) on August 2 and September 3.
In its order issued August 2, the court said it extended the TRO duration to 20 days after evaluating affidavits and sworn testimony given by the petitioner, who warned of the biddings’ disastrous impact on the future of the country’s energy security.
“Wherefore premises considered, this Court resolves as it hereby resolves to EXTEND the previously issued 72-HOUR TRO to 20-day TRO enjoining the Manila Electric Company, and all other persons, agents, individuals, employees and representatives acting under its instructions and authority from conducting its competitive bidding selection process (CSP), under its current Terms of Reference, including the receipt of bids, the awards and the implementation of any award arising therefrom,” the court ordered.
The TRO stemmed from a petition for injunction filed by members of a consortium.
The power utility had split the 1,000 MW CSP bids and set one for 400 MW on August 2 and 600 MW on September 3.
The Taguig RTC TRO, issued last July 31 and extended to 20 days in its decision on August 2, applied to both CSPs.
“The extension given is without prejudice to the resolution of the merits, of the Complaint which shall be threshed out in a full-blown trial. Let further proceeding for the prayed Writ of Preliminary Injunction be set on August 28, 2024 at 2:00 in the afternoon,” the court said.
In an earlier statement, the consortium said it sought “clarity on its role in the energy market in the same way that generators and distribution utilities need clarity.”
“There are a number of conflicting policies relative to the prioritization of indigenous resources and its implementation as part of a Competitive Selection Process, among others,” the consortium said.
“Upon market rules being clear and established, we can all fulfill our respective roles to propel the market forward and ensure long term energy security beyond the next three years for a dependable, equitable, competitive and reliable power sector,” it added.
