• Energy Minister claims AG did, PUCSL Chair claims nothing received officially

While the Minister of Power and Energy Kanchana Wijesekera stated yesterday (29) that the Attorney General (AG) President’s Counsel (PC) Sanjay Rajaratnam had responded to the Public Utilities Commission of Sri Lanka (PUCSL) regarding the legality of the interim increase in electricity tariffs with retrospective effect from 1 January, PUCSL Chairman Janaka Ratnayake noted that no official documentation had been received from Rajaratnam regarding the same.

Speaking at a media briefing last morning (29), Wijesekera noted that AG’s Department had responded to the PUCSL last Friday (27), adding that he was unaware of the said response.

“The AG’s Department had responded on Friday. This was also confirmed to me by PUCSL Director General Damitha Kumarasinghe when I contacted him yesterday (Saturday). He (Kumarasinghe) stated that he had heard that an email had been received from the AG.”

However, in response to a query posed by The Daily Morning, Ratnayake noted yesterday that no official documentation has been received from the AG regarding the interim electricity tariffs.

Speaking at a media briefing yesterday, Ratnayake stressed that a decision on the same can be expected mid this week.

“Once I receive the letter officially, I will discuss its contents and consider the opinion of private legal experts and make a decision accordingly. There is no point issuing a letter via email or WhatsApp, but once it is officially received, I will look into it and do the needful.”

Wijesekera, speaking further, noted: “If the AG has stated that the interim electricity tariffs can be implemented, then effect the tariff hike which would enable us to secure the required finances from the banks. If the AG has stated that this cannot be implemented, then communicate it to us; subsequently, until a tariff revision is implemented from 15 February, we can continue on as at present. I don’t know if the Chairman has informed the other members whether he has received a response from the AG. According to the information we received from the AG’s Department and media reports, all necessary information has been sent to the PUCSL. We don’t know about the AG’s response; but, if a verdict is given, whichever way, then we can prepare ourselves for the next step.”

The PUCSL wrote to Rajaratnam on 24 January requesting advice on the legality of an interim electricity tariff hike with a retroactive effect, which was approved by the Cabinet of Ministers earlier this month. Speaking to the media on 24 January, Ratnayake noted that in addition to seeking the advice of the AG, the PUCSL would also consult private legal experts regarding the matter.

Although the PUCSL had opposed the implementation of the interim electricity tariffs on 12 January, three members of the four-member Commission, namely, PUCSL Deputy Chairman Udeni Wickramasinghe, and members Chathurika Wijesinghe and Mohan Samaranayake, on 19 January informed the National Council that the Commission’s decision to oppose the interim tariff hike was not a unanimous decision, but one taken by Ratnayake alone. However, on 23 January, the said three members wrote to the PUCSL once again requesting that the Commission consult Rajaratnam into the legality of the same.