BERC limps with one member, no chair

The five-member Bangladesh Energy Regulatory Commission, the country’s independent watchdog for energy sector, is running with only one member and without the chairman for more than one month.
The tenures of three members and the chairman expired between September 2015 and December 2016, officials said, adding that the commission’s function in regulating the country’s energy sector was being severely hampered.
The functions of the commission include regulating tariff of in the major areas of energy sector and protecting consumers’ interest, promoting the creation of a competitive market and ensuring a level playing field for the private sector, ensuring transparency in the management and operation of energy sector establishments, ensuring and improving the standard of service, licensing, auditing and ensuring energy environment.
The officials said that the commission held its latest meeting in the first week of December 2016 and since then it had not held any regular meeting to make decisions about draft regulations, issuing licenses and other official matters, said officials.
The tenure of commission member Md Maksudul Haque expired on December 22, 2016. He had been serving as the acting chairman after the expiry of the tenure of former chairman Abdur Rab Khan on September 21, the officials said.
The tenures of commission members Selim Mahmud and Delwar Hossain expired in May 2016 and September 2016 respectively, they said.
The officials and stakeholders alleged that the government was ignoring the purpose of the Bangladesh Energy Regulatory Commission Act 2003 and the commission.
Consumers Association of Bangladesh energy adviser M Shamsul Alam told New Age on Monday that the government violated the law as it kept the office of the chairman vacant for more than a month. 
It has exposed the government’s negligence as it always wants to use the commission to justify its desires, like frequent hikes in prices of natural gas and electricity, to maximise profits by state owned and private enterprises involved in energy sector, he alleged.
The issues related to the public interests can easily be ignored through an incomplete commission, he said.
The lone member of the commission, Rahman Murshed, said that the vacant positions in the commission should be filled as soon as possible to ensure the best functioning of the regulatory body.
State minister for power and energy Nasrul Hamid said that the process of the appointment of members and chairman was delayed for different reasons.
‘We will appoint three members and the chairman soon after obtaining prime minister’s approval of an energy division proposal in this regard,’ he said.
Prime minister Sheikh Hasina also holds the portfolio of the power and energy ministry.
‘Vacancy in the offices of members will not render any action or proceeding of the commission illegal and no question can be raised as to its legality,’ section 9 of the 2003 act says.
Using the provision, the government pushed the commission to increase the prices of natural gas in December 2016 with effect from January 1, 2017, said the officials. At that time, the commission had an acting chairman and a member.
The price hike is, however, yet to be approved. 

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