Santo Domingo.-Prominent attorney Namphi Rodriguez warned Tuesday that the so-called"hidden contract" to build two coal-fired power plants violates the Constitutionand the Public Procurement Law, because it was an attempt to turn a power of attorneyfrom president Danilo Medina into an authorization, ignoring the principles oftransparency, objectivity, equality and publicity.
The specialist inconstitutional law said a "typical concession contract" was awarded throughthe procedure without complying with the procedure to call for tenders.
Rodriguez said thecontract could unleash unpredictable consequences because it jeopardizes the country´sinterests, such as the clause which says the State must acquire the plants ifthey result unprofitable for investors.
The attorney said thecontract should’ve been submitted to Congress because it´s legally a publictender, by which the State grants agrees to buy 600 megawatts of power from theconcessionaire with taxpayer’s´ money, which consumers end up paying.
"It´s a seriousact of unconstitutionality and illegality which requires consequences for thosewho have exceeded their powers because it has violated the Constitution and compromisedthe figure of the President," the attorney said.
The State-owned electricutility (CEDEE) had used a power of attorney from the president to contract PinegyCommercial Group to build the proposed plants at Punta Catalina, Bani (south), ata cost of US$2.0 billion.
Rodriguez added thatthe "vile process" violated administrative guidelines andconstitutional legality to benefit a “dubious” enterprise. "The threshold ofinstitutionalism was passed and there was abuse and misuse of power here."