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.