The Superior Administrative Court (TSA) annulled the electricity tariff increases made in November and December 2021. The TSA said the Superintendency of Electricity did not observe the due administrative process in ordering the increases.
The Superior Administrative Court (TSA) accepted a contentious administrative appeal filed by the Justice and Transparency Foundation (FJT). The TSA annulls the resolution of the Superintendency of Electricity (SIE), No. SIE-093-2021-TF, dated 27 October 2021, that had increased tariffs to be applied for the months of November and December 2021.
The TSA established that the SIE failed to observe the administrative due process and the fundamental right for citizens to participate in administrative acts. The TSA said the SIE acted in disregard of Articles 69.10 and 138.2 of the Constitution, in addition to Article 31 of Law 107-13, on the rights of persons in their relationship with the administration.
The fourth chamber of the Superior Administrative Court (TSA), composed of magistrates Franklin Concepcion, Bayoan Rodriguez and Ismael Ramirez, ruled unanimously on the referred appeal.
Regarding the ruling, the lawyers that presented the recourse, Trajano Potentini, Henry Adames, Cesar Noboa and Juan Tomas Garcia welcomed the TSA decision. They explained the TSA ruling leaves without effect, at least in the beginning, a charge of almost RD$800 million, collected by the electric energy distribution companies (Edes), Edenorte, Edesur and Edeeste”.
Justice and Transparency Foundation had opposed the decision of the Electricity Pact to impose increases in the power tariffs every three months until 2026.
“In the same way, we warned that the increase in the electricity tariff to reward and hide the improvisation and bad administration in the sector (with increases in salaries and super-numerary personnel) would bring about a social outburst as occurred.
President Abinader ordered the increases of the last months in the electricity bill revoked.
Read more in Spanish:
Diario Libre
9 August 2022