Scope of Application
- Applies to Generation Companies, Distribution Utilities (DUs), and End-users.
- Includes Retail Electricity Suppliers (RES), Local RES, Supplier of Last Resort (SoLR), and other suppliers.
- Covers Philippine Electricity Market Corporation (PEMC) and other relevant industry participants.
Key Definitions
- Act: Republic Act No. 9136 (Electric Power Industry Reform Act of 2001).
- Bilateral Power Supply Contracts: Contracts for physical electricity supply excluding financial derivatives and certain sales.
- Direct/Indirect WESM Member: Entities registered or allowed to trade in WESM.
- Distribution Utility (DU): Entities with exclusive distribution franchise.
- End-user: Consumer of electricity.
- ERC: Regulatory Commission overseeing the electric power industry.
- Net Settlement Surplus (NSS): Surplus remaining after WESM market transactions, including transmission fees.
- Network Service Provider: Entity managing transmission or distribution systems.
- Other terms relate to market participants and operational roles within WESM.
Description and Calculation of Net Settlement Surplus
- NSS arises due to locational marginal pricing accounting for transmission losses and congestion.
- Price differences between generator and customer nodes create NSS or possible deficit.
- NSS calculated per trading interval as total collectibles minus total payables.
- Surplus reflects economic rentals from binding constraints.
Application of NSS
- NSS allocated to Direct WESM Members: DUs, RES (including Local RES and SoLR), Generators acting as end-users, IPP Administrators, and others who paid line loss and congestion charges.
- NSS allocated to DUs/RES must be immediately re-distributed to respective end-users.
- NSS for Indirect WESM Members is re-distributed via Direct Members.
- No NSS allocation during market price administration, suspension, or secondary price caps.
Allocation and Re-distribution Procedures
- PEMC includes NSS amounts immediately in settlement statements for current billing period.
- DUs redistribute received NSS to captive customers proportionate to consumption.
- RES redistribute NSS to competitive retail market end-users; deficit may be collected from them.
- Generators receiving NSS adjust their monthly settlement amounts accordingly.
NSS Computation Methodology
- NSS allocated pro-rata based on each participant’s line loss and congestion charge payments.
- Allocation formula incorporates locational marginal prices, metered quantities, and line rental charges per trading interval.
- Line loss and congestion charges computed only if metered quantity indicates withdrawal; otherwise, only line rental applies.
Handling Net Settlement Deficit
- Deficit occurs when payables exceed collectibles.
- Application, allocation, and re-distribution of deficit follow the same rules as surplus.
Reporting and Verification Requirements
- PEMC to submit regular monthly reports to market participants and ERC summarizing NSS or deficit, metered quantities, marginal losses, and congestion costs.
- Annual comparison reports analyzing NSS levels, allocations, and underlying factors.
- PEMC to engage external auditor for annual NSS audit and submit results within three months after calendar year-end.
- DUs and RES must submit monthly NSS-related reports to ERC, including re-distribution details.
- Direct WESM Members responsible for reporting on behalf of Indirect Members.
Interest and Penalties
- PEMC retaining NSS beyond allowed period pays interest at 91-day T-bill rate plus 300 basis points.
- DUs and RES failing to redistribute NSS timely also subject to same interest penalties.
Period of Effectivity
- Rules apply to Luzon, Visayas, and Mindanao grids, effective immediately after publication.
- Future amendments to Price Determination Methodology (PDM) may supersede current NSS formulas and procedures.
Separability Clause
- Invalidity of any provision does not affect the enforceability of remaining provisions.
Sanctions for Non-Compliance
- ERC empowered to impose fines and penalties per administrative sanction guidelines under EPIRA Section 46.