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Suspend rate hike, scrap concession agreement with water firms, govt told

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The Water for the People Network (WPN) said that government should not accede to the ruling of an international arbitral court granting the Maynilad Water Systems, Inc. petition to collect its corporate income tax (CIT) from consumers. 

The water rights group agreed that any impending water rate increase amid the ongoing dispute on pass-on CIT should be deferred.

The group likewise urged the scrapping of the concession agreement (CA), which it said allows onerous grounds for price hikes.

The Singaporean Supreme Court finalized an International Chamber of Commerce (ICC) arbitration decision that Maynilad may recover its CIT through pass-on charges.

Maynilad has demanded that the Philippine government pay Php3.4 billion in indemnification for non-recovery of its CIT for the period March 11, 2015 to August 31, 2016.

This is after the Metropolitan Waterworks and Sewerage System Regulatory Office (MWSS-RO) refused to honor an arbitral decision favoring Maynilad while that for Manila Water remained pending.

As per CA with the Philippine government, both Maynilad and Manila Water took to international arbitration in 2013 to contest the RO’s rejection of their petitioned rate increases for the rate rebasing period of 2013-2018.

The firms’ petitions included CIT recovery and other expenses unrelated to the delivery of water services.

For the period of 2018-2022, the MWSS Board has already approved the RO’s rate rebased tariffs, which again reportedly disallows CIT recovery. The MWSS-RO announced a staggered Php5.73 per cubic meter (cu. m.) rate increase for Maynilad and Php6.22/cu. m. for Manila Water.

These are lower than the firms’ petitioned rates, wich for Maynilad still included the CIT.

The WPN urged the MWSS Board in a letter to uphold the decision to prohibit CIT recovery because it is unjust to consumers.

“In the first place, it is very wrong to pass on the burden of paying the CIT to consumers,” said the group.

The concessionaires are technically public utilities providing a very basic need such as water, said WPN. Aside from mandating the periodic alteration of basic charges through rate rebasing, the CA ensures the concessionaires’ steady flow of revenue and profit-making with other increases based on inflation, an environmental charge, and value added tax, noted the group.

WPN supports the MWSS-RO plan to suspend the impending rate hike this year should Maynilad insist on collecting indemnification from the government.

“The amount being demanded by Maynilad alone could reach Php40 billion, tantamount to an increase of about Php5.00/cu. m. on current average tariffs. Any rate hike today is also insensitive due to the soaring prices of goods and services,” said the group.

Inflation has risen to 6.7 percent in September from 6.4 percent in August.

Aside from pushing for the prohibition of the CIT and rate hike suspension, WPN stressed that strategically, government should review and repeal the CA altogether.

 

“It is the basis of the enrichment of private water firms at the expense of consumers. Government should instead ensure control over water resources to have these safe, accessible and affordable for the public,” WPN said. #

Rate hike for Maynilad customers approved: Looming increase in water rates to burden consumers more

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Amid soaring prices, the MWSS Board of Trustees has given the nod to higher water rates for Maynilad Water Systems Inc.

This and impending Manila Water Company, Inc. rate increases are bound to burden consumers anew, said water rights group Water for the People Network (WPN).

WPN urged the Metropolitan Waterworks and Sewerage System-Regulatory Office (MWSS-RO) to suspend the hike so as not to aggravate the difficulty of millions of low-income families in spending for their basic needs.

Approved by the MWSS Board is a Php5.73/cubic meter (cu. m.) hike for Maynilad as proposed by the MWSS-RO.

Meanwhile, the proposed increase for  Manila Water rates is Php6.26-Php6.55/cu. m.), which is set for deliberation within the month.

These figures are the supposed results of the rate rebasing process.

Every five years, government determines new water rates according to its review of the water companies’ petitioned rates vis a vis their past and projected expenses throughout the concession period.

Purportedly in consideration of consumers’ inflation woes, the MWSS-RO proposed for the increases to be collected in tranches, starting in October.

Maynilad’s approved rate hike schedule begins at a weighted average of Php0.90/ cu. m.

Manila Water’s rate hike begins at a weighted average of Php1.50.

WPN however said that regardless of the scheduled tranches, any addition to current expenses further constricts spending for poor households.

This includes millions of families whose incomes already fall way below the Php995 Family Living Wage (FLW) for a family of five. The daily minimum wage in the National Capital Region (NCR) totals Php512.

MWSS-RO computes that this October, the bills of households covered by Maynilad will increase by a net amount of Php6.53 for households consuming average 15 cu. m. per month and a net amount of Php13.68 for households consuming average 25 cu. m. per month.

For Manila Water customers consuming the same average volumes of water, rates increase by a net amount of Php9.68 and Php20.30, respectively.

Aside from the basic charge, however, WPN noted that the all-in tariff includes other fees such as the foreign currency differential adjustment (FCDA), environmental charge, and the value-added tax (VAT).

All-in tariffs are already at Php48.03/cu. m. for Maynilad and Php36.40/cu. m. for Manila Water as of July 2018.

The MWSS-RO claimed that Maynilad’s approved rate hike is much lower than the company’s Php11.00 petitioned increase, as is the RO’s recommended increase for Manila Water compared to the latter’s Php8.30 proposed hike.

This supposedly reflects the MWSS’ prohibition of the inclusion of the water firms’ corporate income tax and expenses unrelated to water services such as donations and recreation.

WPN however said that the agency’s refusal to publicly show the documents proving this–prior to the approval of the MWSS Board–underscores that the rate rebasing process lacks transparency and authentic public consultation.

During the 2013 rate rebasing process, public clamor versus the discovered inclusion of such items in water bills led to the MWSS-RO’s rejection of the water concessionaires’ petitioned rates.

Thus, per their concession agreement (CA) with the government, Maynilad and Manila Water subsequently appealed to international arbitration courts to demand compensation for lost revenues.

The courts have ruled twice in favor of Maynilad. Manila Water, which the international courts have turned down, has a pending case.

Consumers face more tariff increases in the future, WPN said, because of government’s privatization of water despite its being a public utility.

The group challenged the MWSS-RO to spare consumers of additional fees by stopping the hike.

WPN also stressed the urgency of scrapping the CA, reversing water privatization and instituting strong government regulation over all public utilities. #

Stop water rates hikes until onerous fees resolved – WPN

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Advocacy group Water for the People Network (WPN) is appealing to the Metropolitan Waterworks and Sewerage System – Regulatory Office (MWSS-RO) to halt the ongoing rate rebasing process that is expected to raise water rates in Metro Manila and its environs, saying the basis for determining future water rates remains unresolved.

Concessionaires Maynilad and Manila Water continue to contest the MWSS-RO’s 2013 decision to prohibit water companies from passing on their corporate income tax and other questionable expenses to consumers.

Both companies took to international arbitration to protest government’s denial of their petitioned rate hikes, with Maynilad demanding government to pay Php72 billion in lost revenues and Manila Water demanding Php10 billion. Both cases are still pending in the courts.

WPN said that pending resolution of both controversies, any rate rebasing scheme would be conjectural and would burden the public with unjust and unnecessary increases in the midst of soaring prices.

“With continued lack of transparency in the rate rebasing process and petitions, water companies could make another attempt to pass on questionable charges to consumers through their water bills,” said former party list representative Teddy Casiño, a convenor of the WPN.

For the 2018-2022 rate rebasing period, Maynilad is seeking an estimated Php12 per cubic meter increase, while Manila Water is seeking and Php8 per cubic meter increase.

Rate rebasing pertains to the periodic computation of water rates based on government’s review of the concessionaires’ petitioned new tariffs.

The latter supposedly covers the companies’ past and projected expenses and a guaranteed rate of return.

However, due to water consumers and advocates’ clamor during the rate rebasing process in 2013, previous water regulators disallowed corporate income tax and other expenses unrelated to the delivery of water from being computed into the water bill.

Casiño said that since 1997 when water utilities were privatized, basic or average water tariffs have soared by as much as 596 percent under Maynilad and 970 percent under Manila Water, contrary to the promise of affordability.

Studies also showed urban poor families end up shelling out thousands of pesos beyond their means for either fetched water from the community pump or sub-meter water access in the absence of direct water connections.

“WPN hopes that the government will look upon the rate rebasing petitions with public interest foremost in mind,” Casiño said. He added that the network will guard against the inclusion in the bill of the Php82-billion uncollected funds which both private companies have pleaded international arbitration courts to demand from the government.

According to Casiño, government’s accession to the companies’ demands would certainly entail higher user fees. “This will double the burden on poor Filipinos who are already struggling with price hikes due to the new taxes,” he said.

Casiño challenged the government to not allow companies to impose onerous fees for profit. # (ibon.org)