Electric Power Industry Reform Act was signed into law in 2001. Under Section 36, power utitlities are authorized to unbundle their rates such that the distribution wheeling charge shall be separate from the retail rate, and"the rates shall reflect the respective costs of providing each service."
Several groups went to court to complain about this, leading to a Court of Appeals ruling in 2004 and a Supreme Court ruling in 2006, both ordering a COA audit on Meralco first. "Likewise, NASECORE also maintains that the ERC erred when it ignored the COA finding that certain properties and equipment amounting to3.586 Billion in 2007 should not be considered as part of the rate base as they were not used and useful in the distribution operation," said the CA ruling.COA disregarded
In denying NASECORE's petitions, the CA had said that the ERC was not bound to adopt the COA findings in the exercise of its rate-fixing powers.
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