Purpose and Scope of the Rules and Procedures
- To guide the DMC and GMC and their respective Rules Revision Subcommittees (RRSC) in reviewing, evaluating, and processing revision proposals.
- To provide stakeholders with clear procedures for proposing amendments to the Distribution Code and Grid Code.
Definitions
- Distribution Code: Rules governing Distribution Utilities and Users.
- Distribution Management Committee (DMC): ERC-established committee to manage Distribution Code revisions.
- Grid Management Committee (GMC): ERC-established committee to manage Grid Code revisions.
- Energy Regulatory Commission (ERC): Independent regulatory body overseeing the power industry.
- Rules Revision Subcommittee: Subcommittee under DMC or GMC tasked with reviewing proposals.
Submission and Notification Procedures
- Every three years starting 2010, the DMC posts notices inviting revision proposals on official websites.
- Proposals must include the proponent's details, proposed changes, supporting arguments, and data.
- Proposals can be submitted electronically or by hard copy within a prescribed deadline.
- Late proposals are held for the next revision cycle.
Evaluation Process
- DMC and GMC staff evaluate proposals for completeness; incomplete proposals are returned.
- RRSC convenes to evaluate proposals; proponents may be invited to clarify.
- Proposals requiring technical assessment may be referred to specialized subcommittees.
- Coordination with other entities (e.g., Grid Management Committee, Wholesale Electricity Spot Market) may be requested for impact assessments.
- Evaluation aims for consensus; contentious proposals are escalated to the full committee.
Endorsement and Approval
- RRSC prepares a categorized summary of proposals: endorsed, endorsed with modification, or rejected.
- The DMC or GMC reviews and approves the summary, then endorses it to ERC through board resolution.
- Rejected proposals are returned with explanations.
Public Consultation and Hearings
- Upon ERC approval, expository hearings and public consultations are conducted with ERC Commissioner presiding.
- Comments from consultations are evaluated jointly by the committee and ERC.
- Final proposed revisions are presented to ERC for decision.
Publication and Effectivity of Approved Revisions
- Approved revisions are published in newspapers of general circulation or the Official Gazette.
- Certified copies are filed with the University of the Philippines Law Center - Office of National Administrative Register (ONAR).
- Revised codes become effective 15 days post-publication.
Interim Revisions
- Interim revisions may be proposed for urgent matters, with expedited procedures.
- These also require ERC approval and publication before effectivity.
Documentation and Printing
- All documentation related to the revision process is maintained by the DMC or GMC.
- Revised editions of the Distribution Code and Grid Code are printed every three years or as needed with appropriate edition markings.
Coordination and Legal Framework
- The revision processes comply with Sections 2.2.5 and 2.5.4 of the Distribution and Grid Codes respectively.
- The ERC exercises final regulatory authority over code revisions, ensuring alignment with the overarching goals of the EPIRA law.
Summary of Core Legal Concepts
- Mandated regulatory oversight by ERC for electricity sector restructuring.
- Structured stakeholder participation in code revision through defined procedures.
- Transparent review, endorsement, public consultation, and publication processes.
- Legal enforceability of codes through formal ERC promulgation and publication.
- Provision for routine and emergency amendments ensuring responsiveness to industry needs.