Filed my formal complaint (together with the testimonies of customers) to Laguna Water District and Local Water Utilities Administration last night. The LWD general manager responded immediately and assured me that this will be tackled by the LWD Board on Monday.
I also talked to the Institutional Development Services (IDS) of LWUA this morning about my complaint and I was assured that this will be acted upon by the agency and will also be endorsed to the National Water Resources Board, which has adjudication powers, if this is not settled by the LWD Board.
I had a fruitful discussion with the IDS and learned that LWUA only has power over the water district and has little say in the joint venture with the private sector itself. The water district board has the power to rescind concession agreements it signed with the private sector depending on HOW THE CONCESSION AGREEMENTS WERE CRAFTED.
Now the problem is, we the customers do not have access to the concession agreements that LWD or other water districts have entered into. Unlike under MWSS, there is transparency since they have made public the revised concession agreements with the private sector https://mwss.gov.ph/…/MWCI-THE-REVISED-CONCESSION…
How do we keep scorecards? What are the obligations that the concessionaires must fulfill so we can keep tabs? How many emergency water interruptions are allowable within a certain period? What are the SOPs that concessionaires must execute when there are mishaps like that i.e. water rations within xxx number of hours of water interruption? How much is the penalty for this and this and that? WE DON’T KNOW!
Another thing that I learned from IDS is that water district JVs with the private sector use NEDA Guidelines, which state that LWUA is only an observer and has no voting right in the Joint Venture Selection Committee. In the draft revised guidelines, LWUA again is still an observer. I do not know the rationale for such like will LWUA participation slow down the process? Do they think that the local water district is capable of assessing the capacity of a new entrant in water utilities space like Equi-Parco? We don’t know! Something to ask Sec. Balisacan.
In cases where a municipality does not have an existing water district like Ormoc, it is the LGU that does the JV, therefore, it is no longer under the jurisdiction of LWUA. Again, who will regulate and have adjudication powers over such transactions? NRWB only? The participation of PPP Center is elective (as I understood it as I cover infrastructure in Southeast Asia); the LGU may choose to tap it if it feels it needs the expertise of the agency. What if Mayor Lucy Torres decides that, nahhh, we can do this JV selection on our own. Pa’no na?
There are over 20 agencies that govern water resources, I kid you not. What are the enabling laws that cover water resources? There are so many and nakakahilo. Which agency should ensure that the JV selection is just and fair when the supposed regulator, the water district, is also a participant in the JV? Parang regulator-revenue generator role na naman yan like Pagcor, and Philippines Ports Authority na conflicting ang roles.
So many questions. So many things that have to be raised on a national level.
