ICE Emergency Decree Illegal
The emergency declaration announced by the government to solve the energy crisis at the Institución Costarricense de Electricidad (ICE), is illegal. At least that is the legal opinion given to the government and recognized by the ministro de la Presidencia, Rodrigo Arias.

The declaration was the government's response made on April 26 that would allow ICE to fast track the purchase of thermal plants to end the current energy crisis and avoid more problems for next year.

Marco Vargas, ministro de Coordinación Interinstitucional, said that the declaration was one of the possibilities, but later was told by the Procuraduría (Solicitor General office) that legally the emergency declaration was possibly not valid.

According to Vargas, the intention was not to "put out the fire", but rather to find a mechanism to solve the energy problem that caused blackouts. "We knew that the decree could brush the legality", said Vargas.

The intention of the government was to allow ICE to invest us$150 million dollars in purchasing new thermal plants and have them installed and working for the 2008 dry season, to avoid the worsening energy problems facing the country, eliminating all the red tape that can stall the process for long period of time.

Minister Arias, says that the decree was never signed, and its place will be asking the Contraloría General de la República (Comptroller's office) to declare an emergency.

Arias added that article 80 of the Ley de Contratación Administrativa permits, in cases of emergency, the government to dispense with the normal contracting procedures.

The Contraloría has yet to confirm the government's request.

The emergency declaration came after a complete power failure left the entire country in the dark on the evening of April 26 and forced the country into a series of rotating power cuts that effected everyone. The blackouts were due to the fact that demand for electrical service exceeded the generating capacity by 200 Megawatts.

ICE and government officials concur, that the situation will be even worse for the summer fo 2008 if the purchase for more generating stations is not made now and installed before the season, which by normal contracting procedures would be impossible.

In the words of ICE president, Pedro Pablo Quirós, meeting the energy demands is almost impossible with the mechanism and the established time called for in the ey de Contratación Administrativa.

Quirós added that he is confident that the Contraloría will authorize the fast tracking of the purchases.