MANILA, Philippines — The Office of the Solicitor General (OSG) has appealed to the Supreme Court (SC) to reverse a Court of Appeals (CA) decision on the price increase application of San Miguel Corp.’s Ilijan gas and Sual coal power plants.
In a letter dated May 3, Lone Santa Rosa City Rep. Dan Fernandez wrote to Energy Regulatory Commission Chair and Chief Executive Officer Monalisa Dimalanta asking if the agency was able to appeal the application to the SC.
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Asked if the OSG was able to elevate the case to the SC, Solicitor General Menardo Guevarra told INQUIRER.net in a Viber message that it has.
“We have appealed the subject CA decision to the SC,” Guevarra said on Monday.
The appeal was made on February 29, he added.
According to Fernandez’s letter, the ERC lost a case before the CA regarding a price increase application from San Miguel’s two power plants.
“It was reported that this defeat resulted in the termination of the lijan and Sual PSAs (power supply agreements),” wrote Fernandez.
According to Fernandez however, the power plants are attempting to bid to supply Meralco this time.
“It seems that San Miguel has simply substituted a contract that paid it cheaply for electricity for exactly the same contract but this time with a much higher price,” said Fernandez.
Fernandez said that he wished to confirm if the ERC and OSG had been able to appeal to the SC.
“We obviously cannot accept a situation where the CA decision becomes final simply because the ERC and OSG did not file its appeal or petition on time,” Fernandez wrote.