Question & AnswerQ&A (ERB)
The official title is the Implementing Rules and Regulations of the Anti-Pilferage of Electricity and Theft of Electric Transmission Lines/Materials Act of 1994.
Illegal use includes tapping electric lines or service wires without authority, using tampered electric meters or devices interfering with metering, damaging electric equipment to interfere with metering, and knowingly benefiting from such acts.
It refers to transmission steel towers, wood-poles, cables, wires, insulators, line hardware, electrical conductors with minimum 69 kV voltage, such as steel transmission towers, teel reinforced conductors, overhead ground wires, porcelain or glass insulators, and various transmission hardware designed for safe and reliable operation.
Differential Billing refers to the amount charged for unbilled electricity illegally consumed, computed based on methodologies outlined in Section 6 of R.A. 7832.
Circumstances include bored holes on electric meter glass, presence of salt or sugar inside meters, wiring altering meter function, absence or tampering of seals, presence of current reversing transformers or jumpers, mutilation of instruments, destruction of accessories, and bribery to utility employees to overlook violations.
They must pay double the value of the estimated electricity illegally used (differential billing) plus a penalty of prision mayor or a fine between P10,000 to P20,000 or both, at the court's discretion.
Penalty includes reclusion temporal or a fine ranging from P50,000 to P100,000 or both, with enhanced penalties for utility officers involved and possible fines triple the differential billing for negligent utilities.
Utilities may immediately disconnect electric service without a court order upon a second discovery of illegal usage after a written notice has been served, and deny restoration until differential billing is paid.
A monetary reward of at least P5,000 is given to any person who reports such acts to NPC or police authorities.
Electric meters must be calibrated at least once every two years, with test reports submitted to the Energy Regulatory Board (ERB).
For private utilities, caps reduce from 14.5% in 1996 to 9.5% by 1999; for cooperatives, caps reduce from 22% in 1996 to 14% by 2000.
It must contain date/time of inspection, meter condition, any changes or replacements made, inspector's signature, consumer's signature or representative, and be attested by an ERB representative or officer of the law.
The person must file a bond equivalent to the differential billing, penalties, and charges for the injunction to be effective; the utility can dissolve the order by filing a counterbond of similar amount.
Differential billing is computed by multiplying the unbilled kilowatt-hour consumption, the period covered for billing, and the current rate at apprehension. Unbilled consumption is estimated using methodologies based on meter tampering or consumption patterns.