Jurisdiction Shift to Energy Regulatory Commission (ERC)
- Republic Act No. 9136 (The Electric Power Industry Reform Act of 2001 or EPIRA) reassigned the authority over CPCNs related to electricity transmission and distribution to the Energy Regulatory Commission (ERC).
- Section 43(p) of RA 9136 empowers the ERC to issue, modify, revoke, and review CPCNs for entities engaged in electric power transmission and distribution.
Purpose of the Rules
- The ERC undertook a public consultation on October 15, 2007, for adopting rules managing the issuance of CPCNs for entities involved in electric transmission and distribution.
- These rules aim to establish clear procedures, standards, and criteria for issuing CPCNs ensuring transparency and proper regulatory oversight.
Formal Adoption and Effectivity
- After a thorough review, the ERC adopted the "Rules to Govern the Issuance of Certificate of Public Convenience and Necessity (CPCN) to Entities Engaged in the Transmission and Distribution of Electricity" as an integral part of the policy framework.
- The resolution adopting these rules took effect fifteen (15) days after its publication in a newspaper of general circulation in the Philippines.
Notification and Dissemination
- Copies of the resolution and the accompanying rules were forwarded to the University of the Philippines Law Center-Office of the National Administrative Register (UPLC-ONAR) for formal registration.
- All entities engaged in the transmission and distribution of electricity were notified as part of compliance and awareness efforts.
Legal and Regulatory Significance
- This framework ensures that all entities operating in the power transmission and distribution sectors are duly authorized under consistent and transparent regulatory standards.
- It aligns regulatory practices with the mandates of the Electric Power Industry Reform Act, supporting public interest and efficient power industry governance.