Assigning PSALM as DOE Attached Agency

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EXECUTIVE ORDER NO. 169: Assigning PSALM as DOE Attached Agency

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Title Source: Supreme Court: Assigning PSALM as DOE Attached Agency

Law: Executive Order No. 169

Decision Date: Jan 16, 2003

Executive Order No. 169 assigns the Power Sector Assets and Liabilities Management Corporation (PSALM Corporation) as an attached agency of the Department of Energy (DOE) in the Philippines, in line with the Electric Power Industry Reform Act of 2001 (EPIRA), to restructure the electric power industry by managing the sale and privatization of assets and liabilities of the National Power Corporation (NPC).

Law Summary

Creation and Mandate of PSALM Corporation

Section 49 of EPIRA creates the Power Sector Assets and Liabilities Management Corporation (PSALM).
PSALM is a government-owned and controlled corporation.
Takes ownership of all NPC generation assets, liabilities, independent power producer (IPP) contracts, real estate, and other disposable assets.
Manages sale, disposition, and privatization of NPC assets to liquidate NPC’s financial obligations and stranded costs optimally, as per Section 50.

PSALM’s Status as Successor-in-Interest to NPC

By operation of law, PSALM assumes the liabilities and assets of NPC after transfer.
PSALM is designated as a government-owned and controlled corporation attached to the Department of Energy (DOE).
Acts as successor-in-interest of NPC for all intents and purposes.

Rationale for Attachment of PSALM to DOE

EPIRA does not specify the departmental attachment of PSALM for policy coordination and supervision.
Presidential authority invoked pursuant to the Revised Administrative Code of 1987 to assign PSALM to a government department.
PSALM’s functions align closely with DOE’s mandate under DOE Act of 1992 (R.A. 7638) to supervise energy projects and implement national energy policies.

Assignment of PSALM as Attached Agency of DOE

PSALM is officially assigned as an attached agency of DOE to ensure coordination of energy-related government activities.
This attachment facilitates policy coordination and general supervision.

Governing Relationship and Legal Provisions

Relationship between DOE and PSALM governed by Section 38(3), Chapter 7, Book IV of the Administrative Code of 1987 (Executive Order No. 292).
Establishes administrative procedures and framework for supervision and control.

Reporting Requirements

PSALM President must submit an annual report to the DOE Secretary.
Report covers progress on privatization and other projects in line with EPIRA objectives.

Repealing Clause

Any previous executive orders, rules, or issuances inconsistent with this order are repealed, amended, or modified.

Effectivity

The Executive Order takes effect fifteen (15) days after publication in two newspapers of general circulation.
Signed and promulgated in Manila on January 16, 2003, by the President and Executive Secretary.

END