Santo Domingo.- Prominent attorney Namphi Rodriguez warned Tuesday that the so-called "hidden contract" to build two coal-fired power plants violates the Constitution and the Public Procurement Law, because it was an attempt to turn a power of attorney from president Danilo Medina into an authorization, ignoring the principles of transparency, objectivity, equality and publicity.
The specialist in constitutional law said a "typical concession contract" was awarded through the procedure without complying with the procedure to call for tenders.
Rodriguez said the contract could unleash unpredictable consequences because it jeopardizes the country´s interests, such as the clause which says the State must acquire the plants if they result unprofitable for investors.
The attorney said the contract should’ve been submitted to Congress because it´s legally a public tender, by which the State grants agrees to buy 600 megawatts of power from the concessionaire with taxpayer’s´ money, which consumers end up paying.
"It´s a serious act of unconstitutionality and illegality which requires consequences for those who have exceeded their powers because it has violated the Constitution and compromised the figure of the President," the attorney said.
The State-owned electric utility (CEDEE) had used a power of attorney from the president to contract Pinegy Commercial Group to build the proposed plants at Punta Catalina, Bani (south), at a cost of US$2.0 billion.
Rodriguez added that the "vile process" violated administrative guidelines and constitutional legality to benefit a “dubious” enterprise. "The threshold of institutionalism was passed and there was abuse and misuse of power here."