The Public Utilities Regulatory Commission (PURC) recently imposed a fine of GHS5.8 million on the board of directors of the Electricity Company of Ghana (ECG) for failing to comply with a statutory notice on planned outages.
However, private legal practitioner and energy analyst, Richmond Rockson, has raised concerns about the authority of the PURC to levy fines on the directors instead of the company itself.
Rockson emphasized that under the PURC Act, the sanctions should be directed towards the utility body, not the individual directors. He explained that directors have fiduciary duties to the company, and any losses incurred due to their actions or inactions should be recovered by the company, not the directors personally.
While commending the PURC for taking a bold step in sanctioning a public institution like the ECG, Rockson questioned the decision to fine the directors. There are concerns that if the fine is imposed on the ECG, the company may pass it on to customers through increased tariffs, which is why the decision was made to fine the directors instead.
The PURC justified its decision by stating that imposing the fine on the ECG would negatively impact the quality of service and consumers who pay tariffs to the company. Therefore, the board members who were in office during the specified period have been held liable for the payment of the fine.
