THE Supreme Court has affirmed the order of the Energy Regulatory Commission approving the request by the Manila Electric Co. for a staggered collection of automatic rate adjustments arising from generation costs for November 2013.
“Accordingly, there can be no basis to ascribe grave abuse of discretion to the act of the ERC in issuing the December 9, 2013, letter-approval since all it did was to follow existing guidelines on the imposition of the generation rate,” it added. The company said because of the events, it was forced to buy expensive power from the Wholesale Electricity Spot Market.
The ERC’s approval of the staggered imposition of the generation charge prompted the filing of several petitions that the Court ordered consolidated. The groups noted that the proposal was approved without the conduct of a public hearing as required in the implementing rules and regulation of the Electric Power Industry Reform Act or Republic Act 9136. They added that ERC’s approval of Meralco’s proposal to pass on to consumers the increase in the generation cost for November 2013 violates the Epira law.
It noted that Section 43 of the Epira gives the ERC the power to monitor and take measures to penalize market power, cartelization and anti-competitive or discriminatory behavior of any participant in the energy industry.
Source: Energy Industry News (energyindustrynews.net)
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