Law Summary
Existence and Corporate Life of the National Power Corporation (NPC)
- NPC exists for fifty years following the expiration of its current corporate life.
- Mandated to develop hydroelectric, nuclear, geothermal, and other power sources nationwide.
- Obligation to extend benefits of projects to the greatest possible population.
- "Corporation" and "Board" refer to NPC and the National Power Board, respectively.
Powers and General Functions of the Corporation
- Perpetual succession and operation under corporate name.
- Authority to create by-laws, adopt a seal, sue and be sued.
- Conduct investigations for water-power development.
- Appropriation and diversion of public waters with just compensation.
- Construction, operation, and maintenance of power plants, transmission systems, and auxiliary facilities.
- Sale of electric power in bulk to industrial, governmental, cooperative, franchise holders, and real estate subdivisions under set conditions.
- Property acquisition, leasing, mortgaging, and easements for projects with payment of fair market value and compensation.
- Right to cross public and private lands for construction and maintenance, with indemnification for damages.
- Eminent domain powers for project implementation.
- Authority to incur indebtedness and issue bonds with Presidential and Secretary of Finance approval.
- Cooperation with other public electric service entities including National Electrification Administration.
- Jurisdiction over watersheds of reservoirs, upon receipt of jurisdiction from other government bodies.
- Commitment to environmental protection and natural resource conservation in project execution.
- Exercise of all corporate powers consistent with the Act.
Fixing of Electric Power Rates
- NPC Board fixes rates ensuring a maximum 10% rate of return on a rate base.
- Interest on debts excluded from expense calculations.
- Rates effective 15 days post-publication; subject to Public Service Commission (PSC) review.
- PSC has exclusive jurisdiction on rate disputes with specified periods for complaints and resolution.
- Refund or credit mandatory if PSC finds rates excessive.
- Uniform rate schedules within interconnected systems; regional independence for rate determination.
- PSC decisions appealable to the Supreme Court.
Capital Stock
- Authorized capital stock of three hundred million pesos divided into three million shares.
- Shares are non-transferable and wholly government-owned under prior laws.
Composition and Powers of the National Power Board
- Seven members: Chairman, Vice-Chairman (General Manager), and five directors appointed by the President.
- Directors represent Luzon, Visayas, Mindanao, labor, and business sectors.
- Labors representative selected from bargaining units within NPC.
- Board members serve three-year terms; qualifications include professional competence or labor leadership.
- Compensation by per diem with limits; actual travel expenses reimbursed.
- Board constitutes quorum with majority.
- Board powers include policy formulation, budget approval, personnel management, hiring and removal of key officials, and setting employment guidelines.
Role and Responsibilities of the General Manager
- Management vesting in General Manager with assistance from Assistant Manager and Regional Managers.
- Execution of Board policies and management duties.
- Submission of policy proposals and supervision of internal operations.
- Appointment and discipline of personnel within Board guidelines.
- Preparation and submission of regular operational and financial reports to the President and Congress.
- Regional managers oversee regional operations with operational autonomy subject to Board policies.
- Auditor General serves as Corporation Auditor.
Authority on Indebtedness and Bond Issuance
- Board may incur debts and issue bonds with conditions approved by the President and Secretary of Finance.
- Domestic bonds must be registered, sold at par, have set maturity and redemption features, and tax-exempted.
- Establishment of sinking fund managed by the Treasurer of the Philippines.
- Republic of the Philippines guarantees bond payments with appropriations for defaults; Corporation to reimburse government payments.
- Annual reserve setting for national government advances capped by sinking fund status; partial repayments allowed.
- Maximum principal indebtedness capped at five hundred million pesos.
- Foreign loans authorized for up to two hundred million U.S. dollars equivalent with President authorized to negotiate and guarantee.
- Foreign-financed operations enjoy exemption from all taxes, fees, import restrictions.
Construction Project Approval Process
- General Manager may initiate project proposals based on feasibility studies.
- Board may convene consulting board of engineers and economist for project review.
- Final approval and any modifications to project plans rest with the Board.
Public Bidding and Contracting for Construction and Repairs
- Contracts above 75,000 pesos awarded to lowest or most advantageous bidder with published notices.
- In absence of satisfactory bids, new advertisements or direct administration allowed.
- Adequate bonding by contractors required.
- Emergency works may be undertaken without bidding.
- Tasks under 75,000 pesos may be performed by administration or contract after price canvass.
Penalties for Interference with Corporation Projects
- Malicious damage or interference with NPC property or personnel is a felony.
- Punishment includes fines of 1,000 to 5,000 pesos or imprisonment of 1 to 5 years or both.
- Injured parties may seek damages and court costs in separate civil actions.
Appropriation of Public Waters
- Unappropriated public waters for hydraulic power allocated to NPC by Secretary of Public Works and Communications.
- Domestic water supply needs take precedence over power development.
Non-profit Character and Tax Exemptions
- NPC is non-profit; all returns devote to expansion.
- Exemptions from all taxes, duties, fees, imposts, and government charges including income, franchise, realty, import duties, and taxes on petroleum products used in operations.
Conditions in Contracts with Franchise Holders
- Franchise holders receiving 60% or more electricity from NPC limited to a 12% rate of return.
- Contracts revocable upon PSC judgment if customers prove appliance damage due to deliberate overloading or power deficiency.
- Existing contracts subject to renewal to comply with these provisions.
Relations with Electric Cooperatives
- Existing laws governing electric cooperatives remain effective.
- NPC relations with cooperatives governed by specific cooperative laws and franchises.
Protection of Labor Rights
- Act does not impair existing collective bargaining agreements or labor rights under applicable laws.
Separability Clause
- Invalidity of any provision does not affect the remainder of the Act.
Repealing Clause
- Laws and orders inconsistent with the Act are repealed or modified accordingly.
Effectivity
- The Act takes effect upon approval.