Problem with Public Services in Energy Networks : The Case of Compensating Rights Holders due to Pipeline Transgression

Abstract

          Thailand provides public energy networks service from being a regulator known as the Energy Regulatory Commission (ERC) under the Energy Industry Act B.E. 2550 to serving the service in the form of a state enterprise, namely PTT Public Company Limited (PTT). One of PTT’s missions is to provide pipeline transmission infrastructure. The Energy Industry Act B.E. 2550 was enacted to dictate details regarding the process because the pipeline transmission project is a public service that affects the people broadly. Regarding compensations for the acquisition of lands or assets for infrastructure network layout, ERC is required to make a ruling on the price that PTT compensates an Owner, Occupier of Property, or Rights Holder. However, Thailand’s compensation criteria, especially the rights under the Civil Code of Thailand, namely mortgage, leasehold, or other rights holder, are not explicitly covered by the Energy Industry Act B.E. 2550. Compensation payments in the United Kingdom are either by contract or by law, while Malaysia regulates them by law. Nevertheless, compensation payments in the United Kingdom and Malaysia cover all the rights holders. Expropriation and Acquisition of Immovable Property Act, B.E. 2562 can be the model law to help revise the Energy Industry Act B.E. 2550 to equally protect the rights to compensate and appeal for the Rights Holder.