SHC issues notices to Nepra, KE for not complying with orders

The Sindh High Court has issued notices to the National Electric Power Regulatory Authority (Nepra), K-Electric (KE) and others on a contempt application filed against them for violating the court’s orders to ensure uninterrupted power supply to the city.

The notices were issued on Tuesday as the SHC heard the contempt of court application filed by petitioner Karamat Ali and others against KE and Nepra. The petitioners submitted that the court had directed Nepra to ensure that K-E complies, in letter and spirit, with its March 25, 2016 decision, which set directives for the utility regarding uninterrupted power supply and distribution in Karachi.

The petitioners added that the court had also ordered that Nepra would be at liberty to take appropriate action in accordance with the law against KE in case of non-compliance with the SHC’s decision.

Faisal Siddiqui, the counsel for the petitioners, said that the alleged contemnor – KE – was responsible for ensuring compliance with the court directives as per Nepra decision which bound the KE to ensure that there was no reduction or underutilisation of generation capacity of electricity. He added that KE was directed to ensure that electricity is distributed through well-maintained channels, feeders and cables in accordance with the maintenance plan specified in the utility’s investment plan.

The counsel further said that Nepra did not take action against KE in the span of over one year and has also not taken any action against KE in the present electricity crisis.

Siddiqui submitted that KE has been directed to increase its capacity and improve its transmission and distribution system in accordance with the investment plan however it failed to comply with the directives and Nepra’s press statement reflects evidence of KE’s poor maintenance plan, load management and faults adding to the unplanned load-shedding and fragile distribution system.

He said that such poor maintenance of power supply which is evident in recent electricity crises was in violation of KE investment plan which clearly specifies that investment had to be made for the purpose of rehabilitation and enhancement of power transmission network, cable replacement, maintenance of feeders, expansion and rehabilitation of grid stations and other power supply infrastructure.

The counsel further said that KE failed to implement the Nepra decision in letter and spirit and till now Nepra has failed to take action against it for not doing so, which has resulted in citizens facing hardship in the this hot summer season due to frequent power disruption and unannounced load-shedding.

Naming the KE CEO, its generation, transmission and distribution officers, Nepra chairman and others as the alleged contemnors, the petitioner requested the court to take action against them for violating court orders.

After a preliminary hearing of the application, an SHC division bench headed by Justice Syed Hasan Azhar Rizvi issued notices to Nepra, KE and the alleged contemnors for May 29 and called for their comments.

It is pertinent to mention that Nepra had earlier informed the court that KE continued to underutilise its own generation capacity and kept drawing power (650 megawatts) from the National Transmission and Dispatch Company despite the expiry of their power purchase agreement (PPA).

The national power regulator also warned KE regarding the underutilisation of different power plants following a show-cause notice issued to the power utility regarding purchase of power from NTDC without having a valid PPA.

Nepra had earlier directed KE to ensure the completion of the investment plans regarding transmission and distribution segments. A fine of Rs5 million was also imposed for underutilisation of power plants, which causes a reduction in the supply of power to consumers.