Law Summary
Definitions
- Key terms defined include NEA (National Electrification Administration), cooperative, public service entities, person, service, area coverage, franchise, and others.
- "Cooperative" means a non-profit electric service entity organized under this Decree or prior laws.
- "Area coverage" means dependable and adequate service available to all requesting persons within a franchised area under reasonable terms.
National Electrification Administration (NEA)
- NEA is established as a government-owned corporation with corporate powers and borrowing authority to promote electrification.
- NEA powers include making loans to public service entities, technical assistance, acquisition of properties, and issuing franchises.
- The NEA Board consists of a Chairman and four members, including the Administrator, appointed by the President.
- The Administrator manages daily operations and supervises NEA staff.
- NEA reports annually on electrification progress and loan statuses.
Capitalization and Financing
- NEA's authorized capital stock is one billion pesos, fully subscribed by the government through various appropriations and funds.
- Loans given by NEA must be financially feasible for area coverage projects and are subject to repayment terms and interest rates set by NEA.
- NEA is authorized to contract domestic and foreign indebtedness, with government guarantees and tax exemptions for these financing activities.
Enforcement and Loan Conditions
- NEA can enforce compliance by withholding loans, technical assistance, or foreclosing on security for loan defaults.
- Borrowers cannot dispose of mortgaged property without NEA approval.
- NEA may extend loan terms, defer payments, or subordinate its security interests when beneficial.
Conflict of Interest and Penalties
- NEA officials and employees are prohibited from conflicts of interest, including participating in matters affecting entities with which they are related.
- Penalties include removal, fines, or imprisonment for violations such as false loan application information or illegal fees.
Supervision and Coordination
- NEA is supervised by the Office of the President.
- A Power Development Council is created to coordinate electrification and power development among government agencies and stakeholders.
Tax Exemptions
- NEA and electric cooperatives enjoy broad exemptions from taxes, duties, fees, and imposts to support their operations.
Electric Cooperatives
- Electric cooperatives are non-stock, non-profit corporations formed to supply electric service on an area coverage basis at the lowest cost.
- Cooperatives have powers including generating, transmitting, and distributing electricity; borrowing funds; acquiring property; and assisting members with wiring and appliances.
- Cooperative membership requirements, meetings, board governance, officers, and amendments are regulated under the Decree.
- Cooperatives must operate non-discriminatorily and comply with area coverage obligations.
- Cooperatives are exempt from certain government regulation and taxes.
Franchises and Regulation
- Franchising powers for electric service are delegated to NEA; municipal, city, and provincial governments lose their franchising authority.
- NEA reviews, modifies, or cancels franchises to ensure area coverage electrification.
- NEA grants preference to cooperatives in franchise conflicts unless alternatives provide earlier or larger electrification with equal or lower costs.
- Operating electric service without a NEA franchise is prohibited.
- NEA has authority to require interconnection and power exchanges among public service entities.
- NEA conducts hearings, investigations, and regulates cooperatives to enforce compliance.
- The Decree provides procedures for hearings, subpoenas, appeals, and Court review of NEA decisions.
Transitory Provisions
- The existing NEA structure, personnel, assets, and projects continue under the new corporation established by this Decree.
- Provisions declared separable; inconsistent laws repealed.
- The Decree takes effect immediately upon promulgation.