Key Definitions
- Joint Congressional Energy Commission (JCEC): A congressional commission established under RA 9136 and amended by RA 11285 overseeing energy matters.
- Malampaya Fund: Government shares from the Malampaya Natural Gas Project's net production proceeds as per relevant decrees.
- Malampaya Natural Gas Project: The extraction project under Service Contract 38 offshore Northwest Palawan.
- Net Government Share: The 60% portion of the government from Malampaya project proceeds after certain deductions.
- Net National Government Share: Portion of the net government share minus local government shares.
- Net Production Proceeds: Gross proceeds after deducting Filipino Participation Incentive and operating expenses.
- Stranded Contract Costs: Amounts where contracted costs under eligible NPC contracts exceed actual selling prices, as approved by the Energy Regulatory Board by end of 2000.
- Stranded Debts: Unpaid NPC financial obligations not liquidated by asset sales or privatization.
- Universal Charge: Non-bypassable monthly charges collected from all electricity end-users.
Use of Malampaya Fund
- Allocation of PHP 208 billion from net national government share for payment of stranded contract costs and stranded debts assumed by PSALM.
- Includes anticipated shortfalls in liabilities after applying PSALM collections from NPC asset sales, IPP contracts, and operations.
- Annual allocations must be part of the General Appropriations Act aligned with fiscal programs; procedures are in the implementing rules.
- Excess funds remain in the Special Account for energy development programs per PD No. 910.
- Department of Budget and Management ensures timely release of funds to PSALM.
- If liabilities are fully paid before fund exhaustion, remainder supports energy resource development.
- Universal charges currently collected may be covered by the Malampaya fund allocation.
Reporting Requirements
- PSALM must submit annual projected and actual cash flow statements about stranded costs, debts, and payments.
- Reports go to DOE, ERC, DOF, DBM, and JCEC with specific deadlines (June 30 before and after the year).
- Regular coordination between PSALM, DOE, DOF, and DBM ensures proper records of fund disbursements.
- Reports must be publicly accessible via PSALM's website.
Congressional Oversight
- The Joint Congressional Energy Commission shall oversee the implementation of the Act.
Rules and Regulations
- DOE and DOF, in coordination with DBM, Bureau of Treasury and PSALM, to promulgate implementing rules within 90 days from effectivity.
- No new universal charges for stranded costs and debts shall be collected following the implementing rules.
Legal Provisions
- Separability Clause: Invalidity of any provision does not affect the remainder of the law.
- Amendatory Clause: Section 8 of PD No. 910 amended regarding use of the Special Account.
- Repealing Clause: Laws inconsistent with this Act are repealed or modified accordingly.
- Effectivity: The Act takes effect 15 days following publication in the Official Gazette or a newspaper of general circulation.