Question & AnswerQ&A (ERC Resolution NO. 11, S. 2005)
The primary legal basis is Section 43(t) of Republic Act No. 9136, also known as the Electric Power Industry Reform Act of 2001 (EPIRA), which authorizes the ERC to perform necessary regulatory functions for the electric power industry.
The National Power Corporation-Small Power Utilities Group (NPC-SPUG) filed the application with the Energy Regulatory Commission (ERC).
Sections 34, 43(t), and 70 of the Electric Power Industry Reform Act of 2001 (EPIRA) were cited as the basis for the adoption of the guidelines.
Missionary electrification areas refer to remote or off-grid areas where electricity generation and distribution are provided primarily through government programs to expand access to power in underserved regions.
Public consultations were held on May 19, May 26, and June 2, 2005, for Luzon, Visayas, and Mindanao respectively, with an additional consultation on June 21, 2005, in Zamboanga City.
The public consultations allowed stakeholders to provide comments and inputs, which were considered by the ERC in revising and finalizing the guidelines for the setting and approval of electricity generation rates and subsidies.
It took effect on the tenth (10th) day following its publication in a newspaper of general circulation in the Philippines.
Section 43(t) authorizes the ERC to enact rules and guidelines necessary to ensure successful restructuring and modernization of the electric power industry.
The guidelines are designed to establish the framework for setting and approving electricity generation rates and subsidies specifically for missionary electrification areas.
The commissioners were Rodolfo B. Albano, Jr. (Chairman), Oliver B. Butalid, Jesus N. Alcordo, Rauf A. Tan, and Alejandro Z. Barin.