SMC selling 49% of power unit

by Alena Mae S. Flores – July 14, 2016 at 11:55 pm

from Manila Standard Today

San Miguel Corp. said Thursday it is selling a 49-percent stake in affiliate South Premiere Power Corp., the independent power producer administrator of the 1,200-megawatt Ilijan natural gas power plant, to Manila Electric Co.

San Miguel confirmed it was in talks with Meralco “for a possible investment of up to the extent of 49 percent by Meralco in South Premiere.”

The conglomerate said in a disclosure to the stock exchange the sale was subject to the resolution of the pending case initiated by South Premiere against Power Sector Assets and Liabilities Management Corp.

“SMC plans to sell 49 percent of power generating plant. By doing that, we are sure to have market for our power because our off-take agreement is up  to 2022,” San Miguel president Ramon Ang told reporters.

Meralco is the country’s biggest power distributor with over 5.8 million customers in its franchise area. San Miguel sold its stake in Meralco to JG Summit Holdings Inc. in 2013.

“So far we have agreement with Meralco on Ilijan and Mariveles. So far, that’s it,” Ang said.

Meralco chairman Manuel Pangilinan and Ang recently forged a first joint venture in power generation.

Meralco Powergen Corp., a subsidiary of Meralco, acquired a 49-percent stake in Mariveles Power Generation Corp., a wholly-owned subsidiary of SMC Global Power Holdings Inc., the power arm of San Miguel.

Meralco president Oscar Reyes earlier said “talks are very preliminary” on the Ilijan IPPA contract sale.

South Premiere won the contract as the independent power producer administrator of the Ilijan plant during a bidding conducted by PSALM in 2010 with an offer of $870 million.

South Premiere has an ongoing dispute with PSALM over the Ilijan contract. The dispute arose from interpretations of certain provisions related to generation payments under the Ilijan IPPA agreement.

PSALM advised South Premiere on Sept. 4, 2015 that it was terminating the Ilijan IPPA agreement because of the latter’s alleged failure to settle the alleged outstanding generation payments. PSALM was demanding payment of unpaid obligations amounting to P6.6 billion from South Premiere.

The Mandaluyong City regional trial court issued last year a preliminary injunction in favor of South Premiere, enjoining the government from further proceeding with the termination the IPPA contract for the  Ilijan natural gas power plant.

PSALM called on the performance bond in the form of a stand-by letter of credit of South Premiere with ANZ Bank in the amount of $50 million.

South Premiere filed a complaint before the court on Sept. 7, 2015 to nullify the termination notice of PSALM and the drawing of the standby letter of credit “for lack of factual and legal basis.”

The TRO previously issued in favor of South Premiere prevented PSALM “from disposing in any manner of the payment received from ANZ under the performance bond except as directed by the Court.”

The court also prohibited PSALM from treating South Premiere “as being an administrator in default and from performing any act to pursue the collection of supposed unpaid generation payments.”

It also prohibited the agency from collecting “VAT on generation payments for Meralco nominations under the Meralco-National Power Corp. power supply contracts to service Sunpower and Ecozone requirements.