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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In case the rate setting methodology used is RORB, it shall be subject to the following guidelines:. Creation of the Energy Regulatory Commission. The ERC shall ensure that all savings realized from the reduction of said mark-ups shall be passed on to all end-users. KERB raises the following issues before this Court: 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.

Functions of Distribution Utilities. 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. Joint Congressional Power Commission. The ERC may adopt alternative forms of internationally-accepted rate setting methodology as it may deem appropriate. She stated that Civil Service application form no.

Position Papers

The Chairman and members of the Commission shall assume office at the beginning of their terms: Debts of Electric Cooperatives. No officer or employee in the career service shall be removed except for a valid cause and after due notice and hearing. From a legal standpoint, there is no occupant in an abolished office.

Functions of the ERC. Finally, the ERC already posted the plantilla positions, which prescribe higher standards, as approved by the Department 936 Budget and Management. Enhancement of Technical Competence. Energy Regulatory Commission, G.

Civil Service Commission stated that: For existing companies, such public offering shall be implemented not later than five 5 years from the effectivity of this Act.


To justify the nullification of a law, there must be a clear and unequivocal breach of the Constitution. The EPIRA organized the industry into four 4 sectors, generation, transmission, distribution and supply. In case of disagreement in valuation, procedures, ownership participation and other issues, the ERC shall resolve such issues.

However, the ERC now also has to promote competitive operations in the electricity market. Provided, furtherThat the funds and appropriations as well as the records, equipment, property and all personnel of the reorganized Board of Energy shall be transferred to the Energy Regulatory Board.

Only eight 8 ERB employees could not be appointed to new positions due to the reduction of the ERC plantilla and the absence of positions appropriate to their respective qualifications and skills. Other Transferred Powers and Functions. A public office is created by the Constitution or by law or by an officer or tribunal to which the power to create the office has been delegated by the legislature. The ERC hired an independent consultant to administer the necessary tests for the technical and managerial levels.

Such rules and regulations shall define the following:.

PSALM was created to take ownership of all existing generation assets, independent power producers IPP contracts, real estate and all other disposable assets, and to assume all liabilities and obligations of NPC. 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.

KERB, fearful of the uncertainty of the employment status of its members, filed the present petition on 20 December Creation of the National Transmission Company. Thus, the EPIRA provides a framework for the restructuring of the industry, including the privatization of the assets of the National Power Corporation NPCthe transition to a competitive structure, and the delineation of the roles of various government agencies and the private entities.

rz Statement page that will show the available accessibility keys. Towards this end, it shall be responsible for the following key functions in the restructured industry:. 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 rates must be such as to allow the recovery of just epida reasonable costs and a reasonable return on rate base RORB to enable the entity to operate viably. ZamoraPhil. The question of whether a law abolishes an office is a question of legislative intent.

After almost four decades, significant developments in the energy sector changed the landscape of economic regulation in the country.

The same is true if one office is abolished and its duties, for reasons of economy are given to an existing officer or office. Unbundling of Rates and Functions.

Historical Background

The following year, Act No. Evidences of bad faith are epiraa in Section 2 of Republic Act No. The rates prescribed shall be non-discriminatory. KERB failed to show any breach of the Constitution. Energy resource means any substance or 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.

RA – Amending the Electric Power Supply Industry Reform Act of (EPIRA)

Marcos issued Epiga Decree No. All notices of hearings to be conducted by the ERC for the purpose of fixing rates or fees shall be published at least twice for two successive weeks in two 2 newspapers of nationwide circulation. 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.