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TUs threaten to short-circuit CEB Bill


By Santhush Fernando
With the government’s move to re-introduce the Sri Lanka Electricity Bill, trade unions are up in arms again, insisting that they will not allow the implementation of the Bill, if their demands are not met.

The ailing State utility major-CEB’s future hangs on today’s meeting between trade unions and ministry officials, The United Peoples Freedom Alliance (UPFA) government under President Mahinda Rajapaksa attempted to bring the Bill thrice before, but was forced to withdraw in the face of severe opposition from trade unions and opposition political parties.

The move is not to privatise, but to restructure the heavily indebted CEB government says. Opposition political parties question as to why the government wants to restructure the CEB, when it had renounced privatisation and subsequently abolished the Public Enterprises Reforms Commission (PERC).

Previous attempts
On March 29, 2005, nearly 8,000 workers picketed in front of the CEB head office in Colombo, and all-out trade union action was averted as the Janatha Vimukthi Peramuna (JVP) was a constituent of the UPFA government, then.

Despite the assurance by President Rajapaksa in the run up to the 2005 Presidential Election, in July 2006, in the wake of the UPFA government’s second attempt, the JVP again put itself on a collision course, and government indicated that it might turn to the UNP.

JVP MP and union strongman K.D. Lal Kantha said that his party had not yet been shown the draft Bill, but said he believed the proposals included subtle moves to privatise the CEB. The Bill provided for six public companies to run the CEB, following its dismantling in the first step towards privatisation.

External pressure
Like the previous UNF, however, the UPFA government has been under severe pressure to accelerate CEB reforms. Two large loans-Rs. 3 billion from the Asian Development Bank (ADB) and another Rs. 7 billion from the Japan Bank for International Corporation (JBIC)—are dependent on the restructuring process, industry experts say. Then Power & Energy Minister Premajayantha reportedly told media that without restructuring, the ADB and JBIC will never consider future funding for CEB.

The previous Ranil Wickremesinghe regime introduced the Electricity Reform Act in 2002 and proposed to split the CEB into eight government-owned companies. A voluntary retirement scheme (VRS) was also planned to slash the workforces in preparation for the complete privatisation of the companies.

The state of the State utility is symptomatic of government’s overall financial crisis. The long term debts taken for development projects by the CEB, from various lending institution, through the government, as at September 30, 2007 stood at Rs. 47.7 billion. Further, since year 2000, the Board has been unable to service its long term debts and continues to incur a daily loss of Rs 55 million to the government.


JVP TU alleges India’s hidden hand in the deal


JVP affiliated Ceylon Electricity Employees Union (CEEU), unlike other CEB TUs, is against the Bill in principle, its Convenor Ranjan Jayalal told The Bottom Line.

“If we take the new Bill, it proposes to repeal the Electricity Reform Act No 28 of 2002, which was enacted by the then United National Party (UNP) to spearhead the privatisation of government enterprises. So we are happy with the repealing of that act.”

“However, it further proposes to repeal Electricity Act No. 19 of 1950. which is the founding stone of the CEB, and we reject it outright. What the government wants to do is to bring the CEB to the brink of destruction, in order to sell it to India.”

“Already, India is trying to manipulate the Sri Lankan market. We have seen that in the Petroleum industry and in Railways, where a deal took place very recently to build another rail track by an Indian firm.”

“India has undertaken to build a Coal power plant in Sampur and yet another 500 megawatt plant in the Trincomalee District. Also, PowerGrid Corporation of India has proposed to lay an undersea High Voltage Direct Current (HVDC) transmission line between India and Sri Lanka. The move to enact this new Bill is under way to facilitate the sale of CEB or parts of it to India.”

During discussions, however, the Minister has agreed that powers of the minister have been severely curtailed by the Bill, Jayalal said. Any attempt to bring the Draft Bill to Parliament would put the entire country in darkness, he added.

“This is merely an eyewash. These discussions are held just to buy time.”

Jayalal said that 28 CEB trade unions had decided to stage union action and added that these moves were contrary to the assurances President Mahinda Rajapaksa made in the run up to the 2005 Presidential Election.


Not against Bill in principle- CEB Engineers’ Union

The Ceylon Electricity Board Engineers’ Union (CEBEU), however, is not all out against the new Bill, but insists that, the demands of the trade unions must be included in the Bill.

President J. Meegoda, told The Bottom Line that although the government has not been courteous, it had much expectations that its demands will be met.

Meegoda said that its main concern was that, under this Bill, CEB would be a mere licensee, which has to obtain a license like any other private player.

“We are not against the CEB coming under regulation. But, even as Engineers, we do not have the authority to make decisions, even regarding the day-to-day functioning of the CEB. What we insist is that the CEB should be kept a government entity and to give us authority and responsibility, so that we are made accountable.”

Salient futures of the new Sri Lanka Electricity Bill

Electricity Reform Act No 28 of 2008 and Electricity Act No 19 of 1950 to be repealed
Electricity to come under Public Utilities Commission (PUC) and the Commission to act as regulator for Electricity industry

Commission to conduct licensing, regulatory and inspection functions for generation, transmission, distribution, supply and use of Electricity in Sri Lanka, which hitherto was undertaken by the CEB

PUC to regulate tariffs and other charges levied by licensees

To implement a Code of Good Practice for industry

Power & Energy Minister to formulate general policy guidelines for the industry.

Commission to appoint Electrical Inspectors to inspect plants and functions of licensees

Commission empowered to issue general licenses under Section 13, and special licenses for generation, transmission and distribution, under Sections 14, 15 and 16 respectively.

Tariff system to be two-tiered; namely, Transmission and Bulk Sale Tariff (S 28(1)(a) and Distribution and Supply Tariff (S 28(1)(b)

Commission vested with power to take over activities/ undertakings of a licensee

Regulations to be made for Consumer Protection and standards of performance with different standards for different licensees

Under Sections 3(1)(a), (b) and 4(1)(a) of the new Act, unbundling of the ailing State utility is to be facilitated, with generation, transmission and distribution assigned to one or more private companies.

Furthermore, Industry experts fear that Electricity industry will be at the mercy of free market forces, as Section 4 (g) of the Act, it will be an objective of the PUC to promote competition.

 

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