Entrepreneurial Farmer

Ambrosio R. Villorente

Akelco-Asea Power I Contract
Mocks Consumers

Efforts was spent to get a copy of the power contract between Akelco and Asea Power I. Time and transportation money went to waste as Akelco management continues to refuse full disclosure of the said contract. It even refused to spare a copy to any interested person. Lito Motus of Kalibo went to Akelco head office, Lezo, Aklan to request a copy of the signed contract, but miserably failed for reason of "confidentiality clause" provided in the contract.

What is confidential in the said contract? Akelco and Asea Power I held a public hearing in Banga, Aklan two months ago. The speakers disclosed the attractive provisions of the contract. However, during that said public hearing, it was discovered the contract was already signed by Akelco and Asea Power I. That public hearing was a glaring insult to the intelligence of the member – consumers. Why hold a public hearing when they have already perfected the said contract?

Who signed the contract in behalf of Akelco? In behalf of Asea Power I? Are the signatories duly authorized by their respective agencies? What are the provisions in the contract? Why did both Akelco and Asea Power I include the provision making the contract confidential?

History In Secrecy

Akelco has that history in secrecy. The Energy Power Purchase Agree-ment (EPPA) is a sterling example of misleading its member – consumers. First, Akelco signed a contract with Mirant believed to be of mutual benefits and satisfaction of both parties. In the wink of an eye, the contract was amended believed "onerous" for Mirant. The formula in the computation of the cost of power consumed was objectionable to the member–consumers.

In this Akelco-Asea Power I contract, what are the confidential provisions in the agreement that must remain secret? What are highly prohibited to member consumers’ reading and under-standing? If none, why is exclusivity clause added? Why do Akelco and Asea Power I highly prohibit consumer members from reading it? Understanding it?

It is given and admitted that Akelco is people organization, people owned. Why did Asea Power I include confidentiality clause in the contract which is deemed a contract with the member-consumers through its Board of Directors? If the Akelco Board of Directors understood that their powers emanate from the member – consumers, why did it sign a contract that will prohibit the consumer – members from reading and understanding the provisions of the contract?

None – Disclosure Is Abrogation

Unless this Akelco – Asea Power I contract is provided the member – consumers with copies, there is sufficient reason to believe the two contracting parties are there to betray the trust and confidence of the member consumers. Mock them. After all, the 1987 Philippine Constitution under Article II, Bill of Rights, Section 7 states, "The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions as well as to government research data used as basis for policy development, shall be afforded the citizens…"

Continued keeping the said contract in confidence is a violation of the bill of rights and therefore not enforceable, must be rescinded and or abrogated. /MP