PESHAWAR: A lawyer on Friday moved the Peshawar High Court against the recent increase in power tariff. On the approval of the National Electric Power Regulatory Authority (Nepra), the Ministry of Water and Power issued a notification on May 17 regarding increase in tariff for Peshawar Electric Supply Company (Pesco) consumers to the tune of Rs1.006 per KWH, which will be adjusted in the current monthly bills.
Abdul Samad Khan Marwat, a senior lawyer and
Human Rights Commission South Asia correspondent for Khyber Pakhtunkhwa and Fata, filed the writ petition in the high court under Article 199 of the Constitution.
The petitioner made Nepra, registrar Nepra, Pesco through its chief executive, federal government through secretary Cabinet Division and secretary Ministry of Water and Power and Khyber Pakhtunkhwa government through the Finance Department as respondents in the petition.
The petitioner claimed that under Article 157 sub-clause (2) of the Constitution, the provincial government has the lawful authority to determine power tariff in the province and not Nepra or the federal government.
It said that Section 7 sub-clause (4) of the Nepra Act also endorses the aforesaid constitutional and legal position and says: “Notwithstanding anything contained in the Act, the government of a province may construct powerhouses and grid stations and lay transmission lines for use within the province and determine the tariff for distribution of electricity within the province.”
Currently, the petition noted that the federal government issues power tariff notifications based on Nepra’s determination, which is a clear violation of the Constitution.
The petitioner also stated that almost two years ago the Khyber Pakhtunkhwa government had challenged increase in power tariff by Nepra in the PHC with the plea that increasing power tariff was the constitutional right of a province.
The PHC then stayed the increase in power tariff by Nepra from March 2008 and the writ petition ran for about two years.
The petitioner claimed that he came to know a few days ago that the provincial government, after an out of court settlement with Nepra, had withdrawn the writ petition from the high court on September 15, 2010 without redressing the grievance of 1.7 million consumers of the province and allowed Nepra to raise the electricity tariff.
He stated that there were three sources of energy including hydel, thermal (generated by gas, steam and furnace oil) and nuclear, and four major power producers in the country, i.e Water and Power Development Authority (Wapda), Karachi Electric Supply Company (KESC), Independent Power Producers (IPPs) and Pakistan Atomic Energy Commission (PAEC).
It said the hydel power generating units in the province are Tarbela, Ghazi Barotha, Warsak, Dargai, Kurram Gari and Chitral having a generating capacity of 3,438 MW, 1,450 MW, 243 MW, 20 MW, 4 MW and 1 MW, respectively, with the total amounting to 5,153 MW. The petition noted that the approximate consumption of the province is about 1,700 MW, but still the consumers of Khyber Pakhtun-khwa are being subjected 12 to 15 hours unjustified unscheduled loadshedding.
The petitioner submitted that the present tariff of Rs1.006 per KWH and the previous tariff increase are subject to the fuel adjustment charges, which concerns the thermal generating units of Wapda and IPPs and in no way applicable to the consumers of Khyber Pakhtun-khwa where consumers are being supplied electricity from hydel-generation projects.
Chitral having a generating capacity of 3,438 MW, 1,450 MW, 243 MW, 20 MW, 4 MW and 1 MW, respectively, with the total amounting to 5,153 MW. The petition noted that the approximate consumption of the province is about 1,700 MW, but still the consumers of Khyber Pakhtun-khwa are being subjected 12 to 15 hours unjustified unscheduled loadshedding.
Abdul Samad Khan Marwat, a senior lawyer and
Human Rights Commission South Asia correspondent for Khyber Pakhtunkhwa and Fata, filed the writ petition in the high court under Article 199 of the Constitution.
The petitioner made Nepra, registrar Nepra, Pesco through its chief executive, federal government through secretary Cabinet Division and secretary Ministry of Water and Power and Khyber Pakhtunkhwa government through the Finance Department as respondents in the petition.
The petitioner claimed that under Article 157 sub-clause (2) of the Constitution, the provincial government has the lawful authority to determine power tariff in the province and not Nepra or the federal government.
It said that Section 7 sub-clause (4) of the Nepra Act also endorses the aforesaid constitutional and legal position and says: “Notwithstanding anything contained in the Act, the government of a province may construct powerhouses and grid stations and lay transmission lines for use within the province and determine the tariff for distribution of electricity within the province.”
Currently, the petition noted that the federal government issues power tariff notifications based on Nepra’s determination, which is a clear violation of the Constitution.
The petitioner also stated that almost two years ago the Khyber Pakhtunkhwa government had challenged increase in power tariff by Nepra in the PHC with the plea that increasing power tariff was the constitutional right of a province.
The PHC then stayed the increase in power tariff by Nepra from March 2008 and the writ petition ran for about two years.
The petitioner claimed that he came to know a few days ago that the provincial government, after an out of court settlement with Nepra, had withdrawn the writ petition from the high court on September 15, 2010 without redressing the grievance of 1.7 million consumers of the province and allowed Nepra to raise the electricity tariff.
He stated that there were three sources of energy including hydel, thermal (generated by gas, steam and furnace oil) and nuclear, and four major power producers in the country, i.e Water and Power Development Authority (Wapda), Karachi Electric Supply Company (KESC), Independent Power Producers (IPPs) and Pakistan Atomic Energy Commission (PAEC).
It said the hydel power generating units in the province are Tarbela, Ghazi Barotha, Warsak, Dargai, Kurram Gari and Chitral having a generating capacity of 3,438 MW, 1,450 MW, 243 MW, 20 MW, 4 MW and 1 MW, respectively, with the total amounting to 5,153 MW. The petition noted that the approximate consumption of the province is about 1,700 MW, but still the consumers of Khyber Pakhtun-khwa are being subjected 12 to 15 hours unjustified unscheduled loadshedding.
The petitioner submitted that the present tariff of Rs1.006 per KWH and the previous tariff increase are subject to the fuel adjustment charges, which concerns the thermal generating units of Wapda and IPPs and in no way applicable to the consumers of Khyber Pakhtun-khwa where consumers are being supplied electricity from hydel-generation projects.