Senior energy lawyers Maria Rafique and Natasha Jehangir have been shortlisted for the position of Chairperson NEPRA. This is the first time in the history of Pakistan that female lawyers have made it to being formally considered for top slot of the energy sector in Pakistan.
NEPRA was formed under the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 for regulating the energy sector after it was opened up to private investment. Previously, the power-sector had been run by the government alone. After privatization, there arose a need for vigilant regulation.
Amongst the most important functions of NEPRA is the determination of the price (“tariff”) at which the government-run CPPA buys power from, amongst others, the Independent Power Producers. In determining this price, NEPRA is supposed to balance the interests of the profit-maximizing producers with those of the consumers of electricity, ie. the general public. In practice, this requires the regulator to fight the greed of the politically influential mega-businesses who are increasingly investing in power generation, because of the guaranteed returns offered by this business. NEPRA is also supposed to play a proactive role in nudging the government-run NTDC and DISCOs to invest in improving power transmission and distribution infrastructure and to fight electricity theft. This effectively means taking decisions which are often politically incorrect. Section 3(3) of the Act lays down the criteria for appointment of Chairperson as follows:
(3) The Chairman shall be an eminent professional of known integrity and competence with at least twenty years of related experience in law, business, engineering, finance, accounting, economics, or the power industry.
Maria Rafique, Natasha Jehangir and Mr. Ashgar Khan are the only three energy lawyers who have been shortlisted for this post; most of the other shortlisted candidates are bureaucrats or engineers. The outgoing Chairman Tauseef Farooq, who came from an electrical engineering background, was eligible for reappointment for another term of 4 years. He applied for the same. However, after considering his performance, the Federal Cabinet decided to decline his request. Instead, a fresh recruitment process was initiated.
Maria Rafique is a prominent energy lawyer who has over 15 years of experience in the field. A graduate of Cornell Law School, she worked in the National Oil Company of UAE for almost a decade, before returning to Pakistan to serve her country. She also served previously served as Legal Advisor to NEPRA and has taught at the LUMS Law School. Natasha Jehangir is a senior lawyer who was previously associated with the SECP.
