House to NEA: Don’t act on Beneco GM selection

>> Monday, August 23, 2021

'Status quo’ order out 

BAGUIO CITY -- The National Electrification Administration Board of Administrators (NEA BOA) got a beating from a congressional panel on Aug. 18 following the government agency’s failure to strictly observe rules on selection of a general manager for the Benguet Electric Cooperative (Beneco).
    The House Committee on Energy, smarting from the evasive if not confusing answers of the BOA represented by Undersecretary Emmanuel Juaneza of the Department of Energy, directed the BOA to observe “status quo” until the committee finally issues its report.
    The “status quo” order means that the BOA should not issue any order or resolution enforcing its earlier decision to name Atty. Ana Marie Rafael as the GM of Beneco or risk courting contempt proceedings.
    Engr. Melchor Licoben, who sits as the OIC GM, has been named as GM by the Beneco Board of Directors in April last year but the NEA BOA endorsed Rafael instead, prompting employees to protest.
Rafael is an Asst. Secretary of the Presidential Communications Operations Office (PCOO). 
    The House Committee on Energy, chaired by Rep. Juan Miguel Macapagal  Arroyo, called for the inquiry in aid of legislation to look into the possible overreach by the NEA as a state regulator over the operations of the country’s 121 electric cooperatives.
    Partylist members of the so-called “power bloc,” Rep. Presley de Jesus (PHILRECA), Rep. Sergio Dago-oc (APEC), Rep. Adriano Ebcas (Ako Padayon) and Rep. Godofredo Guya (RECOBODA) urged the committee to call for the inquiry after the Beneco Labor Employees (BELU), Beneco Supervisors Association (BSA), department managers and the board of directors cried foul over the BOA’s move to endorse Rafael as the GM despite lacking the qualifications and managerial experience prescribed for GMs of electric cooperatives.
    Central to the inquiry was how the BOA understood NEA Memorandum No. 2017-035 that set the qualifications and process on the selection of GMs.
    The memorandum states that the names of all GM applicants who passed the final interview must be submitted to the EC board of directors for the board to choose from.    
    De Jesus grilled Juaneza on the qualifications of Rafael and on why the BOA endorsed only her as GM to the Beneco board.
    The BOA passed in April this year NEA BOA Resolution No. 2021-47 that endorsed Rafael as the GM for having garnered the highest score in the final interview at 94% compared to Licoben’s 82.75%.
    “The provision says the names of all those who passed the final interview shall be transmitted to the EC board,” de Jesus said.
    “The rules do not prohibit us from endorsing only the applicant with the highest score, “Juaneza said.
    The inquiry also took to task the BOA for passing the buck to the NEA screening committee that was tasked to vet the academic and work experience of Rafael and Licoben.
    Noli Alamillo, chair of the screening panel, refused to answer queries on whether or not Rafael finished any of the courses required for a GM and if she possessed the required five year managerial experience over a successful distribution utility.
    “I have not been authorized by the BOA to divulge such information since the matter is now pending before it,” Alamillo repeatedly said.  
    Turning to Juaneza, de Jesus asked the same questions and the undersecretary, who sits as the alternate chair of DOE Sec. Alfonso Cusi in the BOA, said the BOA was not the body that screened the applicants.
    He said that the BOA had to act on the two applicants since both names were forwarded to them as qualified. 
    The reply drew a rebuke from Rep. Ebcas.
    “I cannot see any logical reason why you disregarded the qualifications and decided to conduct the final interview and proceeded to endorse only one applicant, Ebcas said, referring to Rafael.
    Rep. Guya also scored the NEA BOA from seeking another legal opinion from the Office of the Government Corporate Counsel (OGCC) despite an earlier opinion issued by the NEA legal services that described the role of the NEA as a regulator over ECs.
    Juaneza said the BOA is not prohibited from seeking another legal opinion from another office. “We are not satisfied with the opinion of the NEA legal services,” he said.
    Committee member Rep. Jesus Suntay (4th District, Quezon City), asked the NEA if this is the first time that the BOA endorsed only one applicant to the BOD.
    Alamillo said no, citing the case of Agusan del Sur Electric Cooperative (ANECO). “The BOD rejected the lone endorsement and named the GM of their choice. The BOD prevailed,” he said.
    Dago-oc took note during the hearing of the creation of a position for an assistant general manager (AGM) of Beneco that was approved by NEA since there is no AGM position in the table of organization of ECs.
    He said that the position was created as part of the Beneco’s succession plan, noting that Licoben was so designated.

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