ERC board shortage and NBTC divisions threaten Thailand’s power and digital infrastructure plans

Thailand’s two main regulators for energy and digital infrastructure are facing governance problems that threaten to delay decisions on electricity planning, data-centre investment, digital television, online platforms and satellite services.

The Energy Regulatory Commission (ERC) is operating with just four of its seven commissioners, the minimum required for a quorum, while the National Broadcasting and Telecommunications Commission (NBTC) has repeatedly failed to complete meetings because of internal divisions and attendance problems.

The difficulties come as both regulators face decisions with implications for infrastructure investment and competition, ranging from Thailand’s Power Development Plan (PDP) and Direct Power Purchase Agreements (Direct PPA) to the future of terrestrial digital television and rules governing over-the-top (OTT) services.

ERC left with minimum quorum

The ERC currently has four commissioners in office out of a full seven-member board: Narin Opamuratawongse, Pitak Janyapong, Worawit Srianunraksa and Buntoon Srethasirote, who is serving as acting chairman. 

That leaves the commission at the minimum legal quorum.

If one member cannot attend a meeting or must abstain because of an interest in an agenda item, the board could immediately lose its quorum and be unable to make a decision.

The situation has also raised concern about possible legal exposure under Section 157 if failure to perform a duty were to cause damage to the state.

An Energy Ministry source said the reduced board has relied on consensus to operate.

Reaching agreement among four commissioners may in practice be easier than among seven, but some functions cannot proceed without the required quorum or authority, slowing policy decisions and the issuance of regulations.

The shortage dates back to a stalled succession process involving four commissioners — Samerjai Suksumek, Sudharma Yoonaidharma, Buntoon Srethasirote and Sahust Pratuknukul — whose six-year terms were due to end on September 30, 2024.

The ERC Office had sought to begin recruitment early, but the process was disrupted during changes of government and by subsequent disputes over selection procedures.

The selection process was suspended in November 2024 when then-Energy Minister Pirapan Salirathavibhaga ordered checks on whether some members of the selection panel had interests connected with the energy sector.

The Council of State later found that the circumstances did not constitute a legal prohibition, but the process was delayed by about a year.

On May 12, 2026, under Prime Minister Anutin Charnvirakul’s second administration and Energy Minister Akanat Promphan, the Cabinet cancelled the appointment of all eight members of the previous selection panel and ordered the process to begin again.

Speculation over the next ERC chairman has focused on Energy Permanent Secretary Prasert Sinsukprasert, who is due to retire from the civil service on September 30, 2026, as well as candidates with backgrounds at the NBTC or links to political and energy-business groups. No appointment has been confirmed.

PDP and Direct PPA face uncertainty

The incomplete ERC board has added uncertainty over the latest Power Development Plan, which is expected to become clearer in September 2026 but has already faced repeated delays since the revision process began under the government of Prayut Chan-o-cha, spanning five administrations.

Public consultation on the PDP and electricity tariffs has also faced criticism, including allegations that some consultations amount to little more than a procedural exercise in which participants or responses can be steered towards predetermined outcomes.

Similar criticism has been directed at electricity-price adjustments, with claims that reductions eventually announced are sometimes only marginal.

Another major issue is the proposed 2,000-megawatt Direct PPA pilot, originally promoted under former prime minister Srettha Thavisin as a way to attract foreign investment, particularly data centres.

The proposal would allow eligible users and electricity producers to buy and sell power directly rather than conducting all transactions through the existing electricity authorities.

The plan faced resistance from government agencies and state enterprises, with implementing agencies at one stage proposing only 100MW instead of the 2,000MW sought by the Srettha government because of concerns over the impact on private power producers and the existing electricity system.

Power adequacy is another concern. The reserve margin could lose around 2,000MW of capacity as some power plants close or reach the end of their contracts, with private-sector operators watching plants whose agreements are nearing expiry.

NBTC meetings repeatedly fail

Thailand’s digital regulator is facing a different governance problem.

The NBTC board meeting on August 11 was unable to proceed because it lacked a quorum, marking the fourth such failure within a matter of weeks.

Another meeting was due on August 13, with the source material providing no outcome at the time of publication.

The dispute has reached a further stage after Prime Minister Anutin signed a submission seeking a royal command to remove Clinical Professor Dr Sarana Boonbaichaiyapruck from his positions as NBTC chairman and commissioner.

The seven-member board comprises Sarana, Air Marshal Thanapant Raicharoen, Professor Emeritus Pirongrong Ramasoota, Torpong Selanon, Associate Professor Suphat Suphachalasai, Pol General Nathathorn Prousoontorn and Associate Professor Somphop Purivigraipong. 

The board has increasingly been viewed as divided into two groups. One consists of Sarana, Torpong and Nathathorn, while the other comprises Thanapant, Pirongrong, Suphat and Somphop.

Differences between commissioners have previously surfaced in voting on several matters, including the recruitment of an NBTC secretary-general and disagreements over the chairman’s authority.

More recently, the dispute over Sarana’s status and the absence of some commissioners have prevented meetings from proceeding.

Before the August 6 meeting — the third to fail — 44 urgent items out of 99 agenda items were affected. The session was postponed to August 11, when the board again failed to proceed.

Digital TV deadline approaches

One of the most time-sensitive issues is the future of terrestrial digital television, whose existing licences expire in 2029.

The NBTC has approved a draft of its third Broadcasting and Television Master Plan and has considered the transition from the existing digital TV system, including a proposed national streaming platform, but operators and consumers are still awaiting a clear post-2029 roadmap.

Without clarity, television operators face difficulty planning long-term investment, content producers have less certainty over the direction of the market, and viewers still lack a clear picture of how terrestrial television will operate after the licences expire.

OTT services present another unresolved regulatory challenge.

Thai audiences have increasingly shifted from conventional television towards YouTube, Netflix, TikTok and other streaming platforms, while the regulatory framework continues to evolve.

The NBTC has previously accepted the principle that OTT services fall within its regulatory remit and reaffirmed that authority in 2026. Detailed rules, however, remain under development on issues including advertising, false content, child protection, consumer scams and platform responsibility.

Satellite rules also await decisions

Satellite regulation is another area requiring board action because it affects digital economic activity, communications, national security and internet access in remote areas.

The NBTC has been revising rules governing the use of foreign satellite channels to provide services in Thailand and held a public consultation in July 2026, as regulation adjusts to technological and competitive changes.

The growth of Starlink and other low-Earth-orbit satellite systems is also changing the internet market.

Decisions on licences, service rules and competition therefore carry consequences for business and infrastructure investment, while prolonged board disruption risks delaying those decisions.

The immediate problem for both regulators is therefore operational as well as political: the ERC is working with no margin above its minimum quorum, while repeated NBTC meeting failures have left a growing list of decisions waiting for board action.

Source: Bangkokbiznews