Title
ERC NO. 05, S. 2005
Date
Apr 7, 2005
ERC Resolution No. 05, S. 2005 mandates that Electric Cooperatives allocate their 5% Reinvestment Funds from Gross Revenues based on a standardized calculation linked to their unbundled rates, ensuring financial viability amidst rising generation and transmission costs.
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Law Summary

I. Background and Authority

  • Legal Basis: The resolution is grounded in Section 36 of Republic Act No. 9136, also known as the Electric Power Industry Reform Act of 2001 (EPIRA).
  • Purpose: To clarify the allocation of the 5% Reinvestment Fund mandated for Electric Cooperatives (ECs) following their applications for unbundling of rates.

II. Allocation of Reinvestment Funds

  • General Requirement: ECs are required to maintain a Reinvestment Fund equivalent to 5% of their Gross Revenues to support the expansion, rehabilitation, and upgrading of their electric power systems.
  • Current Practice: ECs currently allocate these funds from their gross sales or revenues.

III. Impact of Cost Increases

  • Cost Implications: Increases in generation and transmission costs lead to a proportional increase in the 5% Reinvestment Fund.
  • Financial Viability: The increase in revenue due to higher generation or transmission costs directly affects the financial viability of ECs.

IV. Clarification on Fund Calculation

  • Calculation Method:

    • ECs shall calculate their reinvestment funds based on the Php/kWh rate approved in their unbundled rates.
    • This rate is to be multiplied by the kWh sales for a specified period.
    • The Php/kWh reinvestment fund is determined by dividing the total reinvestment funds incorporated into their approved revenue requirements by the annualized kWh sales.
  • Implementation: This method of calculation will take effect upon the approval of each EC's unbundled rates.

V. Effective Date

  • Immediate Effect: The resolution shall take effect immediately upon its adoption, dated 7 April 2005.

VI. Signatories

  • The resolution is signed by:
    • Rodolfo B. Albano, Jr. (Chairman)
    • Jesus N. Alcordo (Commissioner)
    • Rauf A. Tan (Commissioner)
    • Alejandro Z. Barin (Commissioner)
    • Oliver B. Butalid (Commissioner)

Key Takeaways

  • The resolution clarifies the allocation of the 5% Reinvestment Fund for Electric Cooperatives, emphasizing a specific calculation method based on approved unbundled rates.
  • Financial implications due to cost increases are acknowledged, with a direct correlation between gross revenue and fund allocation.
  • The resolution is immediately effective and mandates compliance from Electric Cooperatives upon approval of their rates.

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