THE Utilities Consumers Alliance of Negros (UCAN) will appeal the order of the Energy Regulatory Commission (ERC) in extending the provisional authority to Energreen Power Development and Management, Inc. (Energreen) to deliver 19.9 megawatts (MW) power to the Central Negros Electric Cooperative (Ceneco).

For the repeated failure of Energreen to deliver the 19.9 MW power to Ceneco from November 26, 2014 to October 26, 2015, UCAN filed before the ERC a motion to investigate the contract, said Vicente Petierre lll, counsel of UCAN.

But the ERC did not act on their motion so UCAN will file an appeal with the Court of Appeals, Petierre added.

The ERC order, dated October 22, 2015, extended the provisional authority of Energreen, while in its other order on November 20, it said that the provisional authority will stay “until revoked or made permanent by the Commission.”

UCAN, in its motion on October 26, 2015, also asked ERC to lift the provisional authority it granted to Energreen for its repeated failure to deliver power.

Petierre said the extended provisional authority is a very dangerous precedent considering that Energreen had failed several times to deliver power supply to Ceneco since November last year.

They are questioning the capacity of Energreen to deliver power because it has allegedly no approval from the Department of Energy to put up a power plant, he said.

Petierre also said they are calling the attention of Ceneco Board of Directors, which approved the power contract agreement, to file a manifestation with the ERC and seek the disapproval of the contract between Energreen and Ceneco.

It is about time to terminate the contract, Petierre said. (CNC)