Title
Amended Rules for NPC Stranded Costs Recovery
Law
Erc No. 02, S. 2011
Decision Date
Feb 7, 2011
The Energy Regulatory Commission adopts amended rules for the recovery of stranded contract costs and debts of the National Power Corporation, establishing a non-bypassable universal charge to be collected from all end-users over a recovery period of 15 to 25 years.
A

Definition of Stranded Contract Costs

  • Stranded Contract Costs refer to the excess contracted cost of electricity under NPC’s eligible contracts with Independent Power Producers (IPPs) over the actual market selling price.
  • These contracts must have been approved by the Energy Regulatory Board (ERB) as of December 31, 2000.

Definition of Stranded Debts

  • Stranded Debts refer to NPC's unpaid financial obligations not covered or liquidated by asset sales and privatization proceeds.

Verification and Recovery Period

  • The ERC, under IRR Rule 17, verifies claims petitioned by the Power Sector Assets and Liabilities Management (PSALM) Corporation.
  • The recovery period for Stranded Contract Costs and Stranded Debts shall be no less than fifteen (15) years and no longer than twenty-five (25) years.

Non-Bypassable Nature of the Universal Charge

  • The UC is a non-bypassable charge, collected from all end-users including self-generating entities.
  • However, self-generating facilities registered with ERC and PSALM are exempt from the UC for the first four (4) years of its imposition.

Special Trust Fund for Universal Charge Proceeds

  • PSALM is mandated to establish a Special Trust Fund for the UC proceeds.
  • Disbursements from this fund must be for specified purposes, utilizing open and transparent procedures as per ERC guidelines.

Previous ERC Resolution and Amendments

  • ERC Resolution No. 4, s. 2007 initially adopted rules for the recovery of NPC’s SCC and SD portions of the UC.
  • Proposed amendments were published for public comments in November 2010, with submissions received from key stakeholders such as MERALCO and PSALM.

Adoption and Effectivity of Amended Rules

  • The ERC approved and adopted the amended rules on February 7, 2011.
  • The amended rules took effect fifteen (15) days after publication in a newspaper of general circulation.
  • Copies of the resolution were distributed to relevant government agencies and all entities involved in power generation, transmission, distribution, and supply.

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