Nigerian electricity generation companies (GenCos) have threatened to
shut down power generation across the country if the federal government
does not intervene and call the Nigerian Bulk Electricity Trading
Company (NBET) to order.
The GenCos through the Executive Secretary of their umbrella group,
the Association of Power Generation Companies (APGC), Joy Ogaji, said in
Abuja on Sunday that the federal government must prevail on the NBET to
rescind its insistence on its “unilateral and arbitral directive.”
Backstory
In September, NBET had directed all thermal GENCos to comply with its
directive to submit their respective board approvals or resolutions
affirming commitment to pay 0.75 per cent administrative charge on all
collated and submitted gas and transportation cost invoices to the
Central Bank of Nigeria (CBN) for payment.
NBET (Bulk Trader) is a public liability trading licensee established
by the federal government as a creditworthy off-taker of generated
electricity in support of private sector investment in the NESI.
The support, in the form of bearing the off-take market and default
risks such as liquidity/payment risks, was the incentive GENCOs required
to invest in the transition electricity market.
Grouse
Mrs Ogaji told reporters the main reason the GENCOs are considering
shutting down their plants was due to the inability of NBET to honour
the agreement it had with them.
She said the GenCos were facing serious liquidity challenges due to
NBET’s breach of the Power Purchase Agreement (PPA) terms of 100 per
cent payment for power generated and supplied.
NBET is licensed and regulated by the Nigerian Electricity Regulatory
Commission (NERC) to undertake bulk purchase and resale of electricity
in the Transitional Electricity Market.
The APGC Executive Secretary accused NBET’s management of
constituting itself as “the Alpha and Omega” authority “that has the
capacity to make or mar generation businesses in the country”.
She said the situation is so bad “that to remain in business and
provide power to Nigerians, GenCos are expected to plead, lobby, and beg
to be paid for power generated and utilised.”
“NBET has now reduced its role to blackmailing and threatening GenCos
investors and chairmen who have refused to concede to NBET’s illegal
demand of a 0.75 per cent charge on invoices paid to gas suppliers.”
She said having rejected the 0.75% charge demanded from the GenCos as
an administrative charge for payment of gas invoices, it was expected
that the issue was rested.
“It is sad that NBET has now reduced its role to blackmailing/threatening GenCo investors/Chairmen who have refused to concede to NBET’s illegal demand of a 0.75% charge on invoices paid to gas suppliers.
“NBET has clearly threatened not to release payments due GenCos until they accede to NBET’s request, urging them to agree for a quid pro quo with the 0.75 per cent administrative charge.
“The situation is truly grave and completely unprecedented as NBET has completely shed its role as a licensee of the industry and has taken on some sort of regulatory role. The entity is almost conducting itself in a manner that suggests that it is above the law.
“This singular action by NBET may lead to the shutdown of power supply by GenCos, who have unanimously agreed to call the bluff of NBET,” Mrs Ogaji said.
The official said the matter had been reported to the Nigerian Electricity Regulatory Commission (NERC) “and other high authorities”, including the vice-chairman of its board, the Bureau of Public Enterprises (BPE) as well as the Gas Aggregation Company of Nigeria (GACN).
She called on the federal government through the board Chairman of
NBET to review the professional conduct of the management of NBET and
ensure that business etiquettes were instilled.
“In a nascent electricity market like ours”, she said “there were
processes entrenched in the Market Rules and other applicable Codes that
should be followed in dealing with sectorial issues at all times.”
“The market rules”, she said, “do not leave room for arbitrariness, duress or undue influence.”
She said the PPA clearly delineates the terms of the business relationship and expectations of the parties.
“NBET was designed to help smoothen these relationships, removing frictions which may exist between GENCOs and DISCOs.
“NBET was envisaged to occupy the space between GENCOs and DISCOs,
acting as a “shock absorber” in times of market turbulence and not to
make it worse,”she said.
Mrs Ogaji said the GENCOs indebtedness to their gas suppliers was due to NBET’s indebtedness to them.
She said the collective outstanding indebtedness of the GENCOs for
gas payment “was not as much the over N1 trillion the NBET is owing to
the GENCOs”.
The APGC secretary said if the N600 billion the federal government
announced was available to pay the GENCOs was not released on time, they
would be compelled to shut down their power generation in the country.
Several calls to the managing director/chief executive officer of NBET, Marilyn Amobi, were not answered.
Also the text message sent to her seeking NBET’s side of the controversy was not responded to on Sunday
In September, when similar contacts were made, Mrs Amobi told PREMIUM
TIMES not to contact her over the issue as she was not obliged to
respond to issues raised by the APGC.
She said the NBET has no contractual obligation with the individual GENCOs and their association.