Govt plans to give power, energy sector activities blanket immunity

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M Azizur Rahman
The activities and actions taken under the Speedy Supply of Power and Energy (Special Provision) Bill -2010 as proposed by the government cannot be challenged in the court.
The bill placed in parliament Sunday also has a provision to give immunity to the personnel involved in implementing power and energy sector projects.
The government will have the authority to bypass any existing laws of the land that impedes the execution of power projects including Public Procurement Act, 2006 to implement the power and energy projects.
State Minister for energy Muhammad Enamul Huq placed the bill to expedite implementation of power and energy projects and subsequently sent to the parliamentary standing committee for scrutiny.
Energy ministry officials said the proposed bill, which will become an act after its passage in parliament, will help ease the country's nagging power and energy crisis.
All types of power and energy projects including import of natural gas, coal, liquefied natural gas (LNG), petroleum products, and renewable energy could be implemented speedily under the coverage of the proposed bill.
Generation, transmission and distribution projects of electricity and natural gas have also been covered under it, said the official.
He said the country is now reeling under acute power and energy crisis with the electricity generation hovering around 4,000 megawatts (mw) against the demand for over 6,000 mw and gas supply of 1980 million cubic feet per day (mmcfd) against the demand for over 2,500 mmcfd.
Under the circumstances it is 'impossible' to mitigate the power and energy crisis following the usual public procurement regulations, he said.
Experts, however, said the enactment of bill will expose the government's helplessness in resolving the current electricity crisis through all available means.
"It is an attempt to grab public fund through legal means," said former Dierctor General of Power Cell Bd Rahmatullah.
A large number of low capacity power plants will emerge under the coverage of blanket immunity, which will worsen environmental pollution, he said.
The unscrupulous businessmen have already started the process of bringing old power plants making over-invoicing of the machinery, said Mr Rahmatullah.
Professor Ijaz Hossain of Bangladesh University of Engineering and Technology (BUET) stressed that all the stakeholders are required to remain vigilant to ensure the quality projects.
There should have some sort of scrutiny in selecting private firms to build the plants, said another expert requesting anonymity.
The whole process should be maintained in a transparent manner, he said.
"Private firms can be selected openly through auctions to ensure transparency," he suggested.
Officials said the government has already has allowed installation of over a dozen rental power plants by local and foreign firms on unsolicited proposals avoiding tendering process in an unprecedented move to face the country's worst-ever power outages.
No prior experience is required for setting up the power plants.
But many of the sponsors backtracked as they lacked efficiency, which was criticized even by Finance Minister AMA Muhith.