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Supreme Court to hear appeal against CEB, PUCSL, and cabinet decision
View(s):A special leave to appeal the application filed by the Electricity and Renewable Energy Consumers Association, Centre for Environmental Justice (Guarantee) Limited, and three other electricity consumers, against the Ceylon Electricity Board, Public Utilities Commission and the Cabinet of Ministers will be supported for leave in the Supreme Court on Monday September 1.
The petitioners seek judicial review of the earlier decision delivered by the Court of Appeal on February 17, 2023, in the writ application bearing No. CA WRIT 0037-23.
The original writ application has been filed by the petitioners seeking, among others, mandates in the nature of Writs of Certiorari quashing the Cabinet Decisions dated 09-01-2023 and the proposed amended General Policy Guidelines for the electricity industry approved by the Cabinet of Ministers on 09-01-2023.
The then Cabinet of Ministers at its meeting held on 09-01-2023 considering a joint memorandum dated 02-01-2023 submitted by the then Minister of Finance, Economic Stabilization & National Policies and the Minister of Power & Energy on “Proposal for the Revision of Electricity Tariffs in the year 2023” had decided to amend the existing General Policy Guidelines on the Electricity Industry.
The petitioners pleaded that the said guidelines have bypassed the provisions of the Sri Lanka Electricity Act No. 20 of 2009, as amended, and the Public Utilities Commission of Sri Lanka Act No. 35 of 2002, and hence, the said cabinet decision ultra vires defeats the purpose of the said Acts.
At the Court of Appeal, the petitioners challenged the provisions in Clauses 12 and 13 of the amendment to the said guidelines.
The petitioners raised concerns on the impugned amendment which provides that the PUCSL is expected to verify the published power purchase cost and determine the power purchase cost to be allowed to the transmission licensee within 15 days of the receipt of the power purchase cost from the transmission licensee. The petitioners complained that such provisions disrupt the general powers of PUCSL to hold a public hearing in order to investigate and determine a tariff hike.
The other main concern of the petitioners was that as per the amendment, PUCSL will be compelled to take immediate action when the cabinet grants, considering the national importance, special approval for a revision of price and tariffs based on a transmission and distribution cost. The petitioners contended that the said amendment overrides the general powers of the PUCSL as it will be bound to effectuate such decisions of the cabinet with immediate effect.
The Court of Appeal by its Order dated 17-02-2023 refused the application of the petitioners without issuing notice.
Dr Ravindranath Dabare attorney-at-law appears for the petitioners instructed by Sanjaya Edirisinghe, whilst the PUCSL is represented by Chandana Liyanapatabendy PC with Vijaya Gamage attorney-at-law instructed by Chandrakumar de Silva attorney-at-law, and the CEB and the Cabinet of Ministers are represented by Viveka Siriwardena PC ASG and A Gajadeera SC.
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