The Board of the Electricity Company of Ghana (ECG) have responded to the GH¢5,868,000 fine Public Utilities Regulatory Commission (PURC) for the company’s failure to provide a load-shedding timetable.
The Public Utilities Regulatory Commission (PURC) on April, 16, imposed a GH¢5,868,000 fine on ECG for its failure to comply with the statutory notice on notification and publication of planned outages, as required by Regulation 39 of LI 2413.
The Board members of ECG who were in office from January 1 to March 18, 2024 are required to pay the fine into a dedicated fuel account jointly controlled by the Ministry of Energy and the Ministry of Finance by May 30, 2024.
However, the lawyers in a rejoinder on April, 19, stated that the fine is “unlawful, null, and void as same is without jurisdiction.”
It added that, Board members of ECG are not responsible for the day-to-day administration of ECG therefore, are not principal officers within the intendment of Act 538 to be able to be held liable for a default on the part of the public utility ECG.
“As stated above, under Section 38 of Act 538 a default on the part of a public utility in the payment of a penalty may lead to the personal liability of a principal officer of the public utility. Under Section 49 of Act 538, a principal officer is the person responsible for the day-to-day administration of the affairs of the public utility,” it said.
The lawyers further said the board members “reject the contents of the regulatory order relative to any personal liability on their part.”
“By this Order, the Commission has unlawfully clothed itself with the powers of the High Court, and imposed a sentence on -the Board Members, without having been given the opportunity to be heard which amounts to a breach of the rules of natural justice.”
“We pray that the Commission take notice of the contents of this letter and act accordingly.”
Read full rejoinder below:
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