Bangladesh Energy Regulatory Commission (BERC) Chairman Dr. Mujibur Rahman Khan said certainly the BERC is an independent organization. “But, it will not be the right approach that we will not be able to work through the Energy Ministry. There is the provision that we will inform the Parliament about our income and expenditure accounts through the Energy Ministry. So, I do not think that it will be wrong that we will send letters to the Law Ministry or Prime Minister’s Office through the Energy Ministry.”
Dr. Mujibur Rahman came up with the observation in an exclusive interview with Energy & Power Editor Mollah Amzad Hossain.
Following are the excerpts:
EP: How do you evaluate last two years of the BERC?
Mujibur: If we look at our surroundings, our socio-economic condition and compare with other organizations, I do not think that there is any scope to undermine the achievement of the BERC. Specially, the two Members who worked in last two years deserve thanks. They finalized the rules for licensing to the utilities. Under the rules, 13 temporary licenses have been given for captive power generation. It is a big success. The licenses have been given maintaining total transparency. And the licenses have been given after public hearing in presence of all stakeholders.
EP: But why you could not give permanent license despite formulation of the licensing policy.
Mujibur: For this there has to be a government gazette. The rules formulated by the BERC are yet to be gazetted. That is the reason we are now giving temporary license. However, the licenses are being given following all rules and procedures.
EP: Why it is not being gazetted?
Mujibur: The rules have been finalized in consultation with all concerned ministries and utilities. We sent it to the Law Ministry through our ministry. Then it delayed as the Law Ministry raised various questions although we had taken opinion of the Law Ministry before finalizing the rules. Naturally they are not supposed to raise fresh questions. I do not know why they are raising the questions. On the other hand, the gazette cannot be published without final opinion of the Law Ministry. Until it is gazetted the licensing rules will not be mandatory for all.
EP: What do you think, how long it will take for the gazette?
Mujibur: I cannot give you any specific time. I can only say as soon as the Law Ministry will release it, it will be published as gazette.
EP: You are mentioning Energy Ministry as “our ministry”. Is the BERC an organization under the Energy Ministry? We know it is an independent body. What is your opinion?
Mujibur: It is true that the BERC is an independent organization. But we are linked with Power, Energy and Mineral Resources Ministry. The ministry appointed us. Now we are to perform through them. From that consideration, I am mentioning our ministry. We have relations with the Ministry. So, there is no scope to create any debate over the issue.
EP: Why the BERC will have to work through Energy Ministry? You can directly contact any ministry or organization.
Mujibur: It is not clear to me why you are being confused. Our minister sits over there. As per law progress of our activities has to be submitted to the Parliament through the Energy Ministry. I do not find anything wrong in it.
Take an example. As I was scheduled to go abroad, I asked the Secretary from where I need to get the approval. He suggested to know how the BTRC (Bangladesh Telecommunications Regulatory Commission) works. On inquiry, I came to know that they go abroad with approval of the ministry. I did the same before going to USA.
However, the BERC is yet to be equipped with full manpower. Once we get all the manpower we will be able to work directly.
EP: For long we have been hearing that the organogram of the BERC is being finalized. But it is yet to be done. Why?
Mujibur: You cannot say that it is not progressing. However, it is moving very slowly. It is under consideration of the government, specially the Establishment Ministry. I cannot say why they are not doing it quickly.
We sent an organogram of 32 people. But the Energy Ministry and the Establishment Ministry have frequently been raising questions and objections. We are giving replies. All these are time consuming.
EP: When do you expect a final organogram?
Mujibur: It is tough to say as the matter is not under our jurisdiction. But we cannot pressurize anyone. We are working under the present structure of the government. We have to balance for the sake of work. BERC cannot function fighting against the government.
EP: The main task of the BERC is protecting interest of the consumers. We saw a sad chapter in Kansat where 19 people died in police firing for demanding electricity. We did not see BERC did anything in this regard. BERC also did not give any recommendation to the government. Why?
Mujibur: The government itself admitted that the incident was unfortunate, the government regretted, too. Had the BERC fully operative, I think, the demand would come to the BERC. But, still we do not have enough manpower to work and we did not know the entire episode. As a result, we could not take any decision. But, no way such an incident was expected.
Still I think that there should be an investigation that what really happened over there, whether REB was realizing minimum charge following the procedure and the subscribers get electricity for how many hours a day.
EP: Again the consumer issue. What is your plan? From when you will be able to work for consumers’ interest?
Mujibur: Let me share an experience. I visited some regulatory commissions in USA. I saw that action is taken in an hour of receiving an allegation from a subscriber. Regarding another regulatory commission, they said it is yet to provide expected service as it is still going through learning process. Asked how old the commission is, they replied 30 years. On the other hand, the BERC is only two years old. We will need time to prepare ourselves for providing service to the consumers. However, we are already getting allegations from the consumers.
EP: What is your plan for protecting consumers’ interest?
Mujibur: I told you that we only three people are running the BERC. We need experts, skilled manpower for preparing ourselves for what we are assigned to. Now we are at the preparation level.
The main target of the BERC will be ensuring quality service at fair price for the consumers. For this, steps are needed to make the energy service providers skilled. It will lower the cost of energy. We will give highest priority to efficient use of energy. Our experts will determine how we will carry out the tasks.
EP: Determining energy price is now most-talked-about matter in the country. The task has been vested on the BERC, which will determine the tariff structure procedures in consultation with the government and recommend the price. What is your preparation in this regard?
Mujibur: The price determining procedure is still now under the government. Since the BERC is still not equipped with proper manpower the price matter has not been vested upon the BERC yet. I believe in due course of time it will come under the jurisdiction of the BERFC. The price structure will be more transparent when we will start determining the tariff. The price will be fixed through public hearing with participation of all utilities.
The BERC has started work to prepare itself for the task. Regulation is being prepared under which process the tariff will be determined. We already finalized the procedures for fixing power tariff. We will formulate the procedures for other sectors in phases. But, still the BERC needs enough time to be prepared for carrying out the task.
EP: How will you ensure efficiency of the utilities?
Mujibur: I told you earlier that we have finalized the rules for license and now are waiting for the gazette. It will ensure getting all information of a utility for strengthening efficiency of the company. Apart from that there will be own monitoring of the BERC.
EP: As per BERC Act you will have to formulate a number of rules and regulations. What is the progress?
Mujibur: Right you are. The BERC will have to formulate a number of rules and regulations. We already finalized formulation of 5-6 regulations. We need a regulation on work of the BERC officials. But, still we need time. |