Title
ERC Guidelines on Power Rate Adjustments
Law
Erc
Decision Date
Oct 13, 2004
The Energy Regulatory Commission establishes guidelines for the automatic adjustment of generation rates and system loss rates by distribution utilities in the Philippines to ensure affordable and reliable electric power supply while protecting the public interest.
A

Scope and Application

  • Applicable to all Distribution Utilities (DUs) operating under an exclusive franchise.

Key Definitions

  • Act: Refers to Republic Act No. 9136 (Electric Power Industry Reform Act of 2001).
  • Average Transmission Rate (ATR): Transmission cost per unit of electricity based on ERC unbundling.
  • Deferred Accounting Adjustment (DAA): Part of generation rate used to recover deferred balances.
  • Distribution Utility (DU): Electric cooperatives, private corporations, government utilities or LGUs with exclusive distribution franchise.
  • Energy Regulatory Commission (ERC): Regulatory agency established by the Act.
  • Generation Cost: Reasonable and prudently incurred costs for purchased power.
  • Generation Rate (GR): Cost of power from NPC and IPPs charged to customers, computed by specified formula.
  • Ineligible Supply Contracts: Power supply contracts not approved by ERC/ERB.
  • Other Generation Rate Adjustments (OGA): Adjustments including under/over-recoveries, contract violations, pilferage; no carrying charge applied.
  • Prompt Payment Discount (PPD): 3% discount for timely NPC bill payments.
  • System Loss: Percentage difference between power purchased/generated and sold.
  • System Loss Cap: Maximum allowable system loss percentage set by ERC.
  • System Loss Rate (SLR): Rate based on formula accounting for generation costs, transmission rate, and system loss factor.

Computation of Generation Rate

  • Formula: GR = AGC + OGA
  • Adjusted Generation Cost (AGC) includes all approved generation costs less half of PPD, divided by total purchases.
  • OGA includes verified adjustments for under/over-recoveries and contract violations; excludes generation costs from ineligible contracts.
  • ERC mandates automatic refund via OGA if DUs recover costs from ineligible contracts, plus possible penalties.

Billing Procedures

  • Generation Rates and System Loss Rates are billed monthly on the 10th day.

System Loss Rate Adjustment

  • SLR calculated monthly using formula: SLR = (GR × U) + (ATR × U), where U is a gross-up factor based on actual or capped system loss plus company use.
  • System loss can be calculated per customer class if data available.

Reporting and Verification

  • DUs must submit all relevant calculations and supporting documents by the 20th of each month including invoices, bills, receipts, and ERC forms.
  • ERC conducts semi-annual verification comparing actual costs and revenues; failure to verify within six months deems rates final.
  • Post-verification adjustments included in OGA for subsequent periods.
  • OGA items require ERC verification within 45 days before recovery.

Termination of Prior Adjustment Mechanism

  • Upon effectivity, the Generation Rate Adjustment Mechanism (GRAM) is discontinued.
  • Final GRAM filings required within 60 days from effectivity covering the period until then, to calculate final DAA.

Penalties for Violation

  • Violations subject to fines and penalties per ERC guidelines implementing Section 46 of the Act.

Exceptions and Legal Provisions

  • ERC may grant exceptions if justified and consistent with the public interest and law.
  • Separability clause ensures invalid provisions do not affect remaining provisions.
  • Guidelines take effect 15 days after publication in two newspapers of general circulation.

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