HC stays functioning of BERC committee formed to adjust LNG price
The High Court has stayed for three months the functioning of the Bangladesh Energy Regulatory Commission (BERC) committee, which was tasked with recommending adjustment of liquefied natural gas (LNG) prices at retail and wholesale levels.
The court on Monday also issued a rule, questioning the jurisdiction of the BERC in forming this committee. The Secretary of the Energy and Mineral Resources Division, the BERC chairman, and others concerned were asked to respond to the rule within four weeks.
The High Court bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo passed the order after hearing a writ petition filed by the Consumers Association of Bangladesh (CAB).
The BERC formed the committee on 4 June this year. The committee has been formed to formulate recommendations for coordinating hearings on a six-monthly basis, said the BERC order explaining the reason for the formation of the committee.
The BERC director (petroleum) was made the convener of the committee while the deputy director (tariff) was made its member secretary. BERC director (electricity), assistant director (tariff), and representatives from the Energy and Mineral Resources Division, Petrobangla, the National Board of Revenue (NBR), and the Consumers Association of Bangladesh were kept as members of the committee.
Referring to the scope of work of the committee, the order said the committee would submit a report to the commission containing recommendations regarding the adjustment of the weighted average price of natural gas at the Petrobangla level and the price of natural gas at the consumer level according to the scope of work determined by the commission.
On 12 September, the CAB filed a writ challenging the BERC's Jurisdiction to form the committee.
On Monday, Barrister Jyotirmoy Barua moved for the writ while Deputy Attorney General Orbindo Kumar Roy presented the state.
After the court order, Barrister Jyotirmoy Barua told the media that according to the law, natural gas prices should be increased at the consumer level through public hearings. By forming a committee to recommend adjustment of LNG prices the BERC violated the law.
