Title
Measures to address electric power crisis
Law
Republic Act No. 7648
Decision Date
Apr 5, 1993
The Electric Power Crisis Act of 1993 aims to address the power crisis in the Philippines by allowing the President to enter into contracts for power plant projects, fixing power rates, reorganizing the National Power Corporation, and requiring financial support from the Philippine Amusement and Gaming Corporation.
A

Declaration of Policy

  • State policy to adopt adequate and effective measures to address the electric power crisis.
  • Recognizes the crisis as a disruption to economic and social life, amounting to a public calamity.

Negotiated Contracts

  • The President may enter into negotiated contracts for construction, repair, rehabilitation, improvement, or maintenance of power plants, projects, and facilities.
  • Requirements for contracts:
    • Publication of project lists with descriptions, budget estimates, and features in a newspaper within 30 days after the Act's effectivity.
    • Publication of contract terms, conditions, and contractor details 2 weeks before signing.
    • Award only to contractors with proven competence, experienced personnel, reliable equipment, and sound financial capacity.
    • Subject contracts to government auditing rules governing negotiated contracts.

Return on Rate Base

  • President authorized to fix NAPOCOR’s rate of return on rate base up to 12% as defined under R.A. No. 6395.
  • Power rate increases require Energy Regulatory Board (ERB) approval after notice and hearing.
  • Limitations on power rate increases for 1993:
    • Increase not to exceed P0.18 per kilowatt-hour on average.
    • No increase for households consuming 100 kilowatt-hours or less for 5 years.
    • Existing subsidy for households consuming less than 300 kilowatt-hours continues.
    • No rate increases in provinces producing geothermal power capacity of 100 MW or more for 1 year.
  • ERB may issue provisional authority to increase rates during the Act's effectivity for up to two periods of 60 days.

Reorganization of National Power Corporation (NAPOCOR)

  • The President empowered to reorganize NAPOCOR for effectiveness.
  • Actions include abolishing/creating offices, splitting/merging positions, transferring resources, instituting cost-cutting, and other necessary measures.
  • No reduction in present salaries and benefits of personnel.
  • Phased-out employees entitled to benefits as determined by NAPOCOR’s Board with Presidential approval.
  • President may upgrade compensation comparable to private utilities, effective upon Congress approval of 1994 budget.

Subsidy by Philippine Amusement and Gaming Corporation (PAGCOR)

  • PAGCOR to allocate 10% of its annual gross earnings for five years as subsidy to NAPOCOR.
  • Allocation based on gross revenue after deducting 5% franchise tax and 50% income share of the National Government.

Duration of Presidential Powers

  • Presidential authority under the Act lasts one year from effectivity unless earlier withdrawn by Congress.
  • Rights, benefits, liabilities vested or incurred remain unaffected.

Oversight Committees

  • Created a five-member Oversight Committee in each House of Congress.
  • Committees monitor Act implementation and presidential authority exercise.
  • Required to submit periodic reports, evaluations, and recommendations.

Report to Congress

  • President must submit quarterly reports on the Act's implementation.

Separability Clause

  • Invalidity of any provision does not affect other parts, which remain in full force.

Repealing Clause

  • Laws and regulations inconsistent with the Act are repealed or modified accordingly.

Effectivity Clause

  • The Act takes effect the day after publication in at least two national newspapers of general circulation.

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