Congress of the Philippines Eleventh Congress Third Regular Session REPUBLIC ACT NO AN ACT ORDAINING REFORMS IN THE ELECTRIC POWER. RA The Electric Power Industry Reform Act of AN ACT ORDAINING REFORMS IN Click photo for full PDF Report. EPIRA Pager. Home; Resources; Position Papers; RA – Amending the Electric Power Supply Industry Reform Act of (EPIRA).

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Provided, howeverThat generation companies, distribution utilities or their respective holding companies that are already listed in the PSE are deemed in compliance. Provided, furtherThat the ERC shall exert efforts to minimize price shocks in order to protect the consumers.

That the subtransmission assets shall be operated and maintained by TRANSCO until their disposal to qualified distribution utilities which are in a position to take over the responsibility for operating, maintaining, upgrading, and expanding said assets.

Republic Act No. | DOE | Department of Energy Portal

Unbundling of Rates and Functions. Creation of the National Transmission Company.

NPC was granted an authorized capital stock of P 50 billion corresponding to million shares of stock at P par value, of which , shares were issued equivalent to P Today This Week This Month Promotion of Consumer Interests.

As of February 1,of the two hundred twelve ERB employees, one hundred thirty eighty [sic] were rehired and appointed to ERC plantilla positions and sixty six 66 opted to retire or be separated from the service. Energy resource means any substance epiraa phenomenon which by itself or in combination with others, or after processing or refining or the application to it of technology, emanates, generates or causes the emanation or generation of energy, such as but not limited to, petroleum or petroleum products, coal, marsh gas, methane gas, geothermal and hydroelectric sources of energy, uranium and other similar radioactive minerals, solar energy, tidal power, as well as non-conventional existing and potential sources.

New companies epkra implement their respective public offerings not later than five eipra years from the issuance of their certificate of compliance; and. The ERC shall verify the reasonable amounts and determine the 99136 and duration for the full recovery of stranded debt and stranded contract costs as defined herein x x x x. No officer or employee in the career service shall be removed except for a valid cause and after due notice and ga.

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We thus need to compare the provisions enumerating the powers and functions of the ERB and the ERC to see whether they have substantially the same functions. Other Transferred Powers and Functions.

Position Papers

The existing personnel of the ERB, if qualified, shall be given preference in the filling up of plantilla positions created in the ERC, subject to existing civil service rules and regulations. Wpira there is no occupant, there is no tenure to speak of.

Within three 913 months from the creation of the ERC, the Chairman shall submit for the approval of 1936 President of the Philippines the new organizational structure and plantilla positions necessary to carry out the powers and functions of the ERC.

To achieve this objective and to ensure the complete removal of cross subsidies, the cap on the recoverable rate of system losses prescribed in Section 10 of Republic Act No. The question of whether a law abolishes an office is a question of legislative intent. The ERC may authorize other similar entities to become eligible as members, either directly or indirectly, of the wholesale electricity spot market.

The power to fix and regulate the rates or charges pertinent to shipping or transporting of petroleum products shall also be exercised by the Board. Distribution utilities shall submit to the ERC a statement of their compliance with the technical specifications prescribed in the Distribution Code and the performance standards prescribed in the IRR of this Act. De-monopolization and Shareholding Dispersal.

Historical Background

Jurisdiction, Powers and Functions of the Board. Epirx almost four decades, significant developments in the energy sector changed the landscape of economic regulation in the country. The rationale rpira to consolidate and entrust into a single body all the regulatory and adjudicatory functions pertaining to the energy sector.

Shortcut for search page. Wholesale Electricity Spot Market. However, abolition of an office and its related positions is different from removal of an incumbent from his office. The ERC shall ensure that all savings realized from the reduction of said mark-ups shall be passed on to all end-users. IbayOliver B.

The ERC shall, motu propriomonitor and penalize any market power abuse or anticompetitive or discriminatory act or behavior by any participant in the electric power industry. Thus, the power to regulate the power rates and services da private electric utilities peira transferred to the ERB. Inits charter was revised by virtue of Republic Actas amended. Zamora eplra, Phil. On the other hand, removal implies that the office and its related positions subsist and that the occupants are merely separated from their positions.


The Ruling of the Court. Joint Congressional Power Commission. The major aspects of the reforms include the 1 restructuring of the entire power industry to introduce competition in the generation sector, 2 change from government to private ownership, and 3 introduction of a stable regulatory framework for the electricity sector. A valid cause for removal exists when, pursuant raa a bona fide reorganization, a position has been abolished or rendered redundant or there is a need epora merge, divide, or consolidate positions in order to meet the exigencies of the service, or other lawful causes allowed by the Civil Service Law.

Work is being done to make the system fully rx with this level. Reorganized or Abolished Agency. Shortcut for FAQ page. Civil Service laws, rules and regulations, however, will have suppletory application to the extent possible in regard to the selection and placement of employees in the ERC. It shall also perform such other acts as may be necessary or conducive to the exercise of its powers and functions, and the attainment of the purposes of this Order.

Functions of the ERC. Distribution utilities which do not comply with any of the prescribed technical specifications and performance standards shall submit to the ERC a plan to comply, within three 3 years, with said prescribed technical specifications and performance standards.

Thereafter, several laws were enacted on public utility regulation.

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For this purpose, the ERC shall promulgate rules and regulations prescribing the qualifications of electricity suppliers which shall include, among other requirements, a demonstration of their technical capability, financial capability, and creditworthiness: KERB raises the following issues before this Court: