Excessive outages: PHC seeks reports on load-shedding from federal, provincial govts

Petitioner’s counsel says NEPRA Act 1997 non-functional after 18th Amendment.

Petitioner’s counsel says NEPRA Act 1997 non-functional after 18th Amendment. PHOTO: FILE

PESHAWAR:


The Peshawar High Court (PHC) has directed both federal and central governments, Wapda and the National Electric Power Regularity Authority (Nepra) to submit their reports to the court on excessive and unannounced load-shedding in Khyber-Pakhtunkhwa (K-P).


A division bench comprising Justice Yahya Afridi and Justice Ikramullah Khan gave the orders on Thursday while hearing a petition filed by Zafar Saeed through Advocate Qazi Jawad Ihsanullah.

The counsel told the court that many electricity consumers are not paying their monthly bills and the government recovers that loss from consumers who regularly pay bills.

“K-P produces surplus electricity but despite that its residents have to pay fuel surcharges,” Ihsanullah said.


The lawyer further contended that after the passage of the 18th Amendment, the Nepra Act 1997 has become non-functional and the Council of Common Interests (CCI) has the authority to increase tariffs and also has the power to devise policy regarding power issues.

“K-P produces electricity through various means which exceeds the needs of its consumers, thus the surplus is supplied to Punjab. However, there is not a single individual who represents K-P in Nepra,” said Ihsanullah.

The petition states that the federal government is taking fuel surcharges from consumers in K-P for electricity that is generated from diesel, thermal, gas and coal which is against the Constitution and an injustice with K-P.

After hearing the arguments, the bench issued notices to relevant departments and directed them to submit a response to the petitioner’s claims.

Incidentally, on December 18, 2014, a two-member bench of former chief justice Dost Muhammad Khan and Justice Nisar Hussain Khan ruled that fuel adjustment charges or fuel price adjustment levied by Nepra on electricity bills in K-P was unconstitutional and illegal.

However, on April 2, a three-member bench of the Supreme Court headed by Chief Justice of Pakistan Tassaduq Hussain Jillani suspended the PHC’s judgment and ordered the Peshawar Electric Supply Company to collect Rs17 billion in fuel adjustment charges from K-P consumers within 10 months.

Published in The Express Tribune, May 30th, 2014.
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