Congress of the Philippines Eleventh Congress Third Regular Session REPUBLIC ACT NO AN ACT ORDAINING REFORMS IN THE ELECTRIC POWER. RA The Electric Power Industry Reform Act of AN ACT ORDAINING REFORMS IN Click photo for full PDF Report. EPIRA Pager. Home; Resources; Position Papers; RA – Amending the Electric Power Supply Industry Reform Act of (EPIRA).
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Whether the Commissioners of the ERC were correct in disregarding and considering merely suppletory in character the protective mantle of RA as to the ERB employees or petitioner in this case. All laws enjoy the presumption of constitutionality.
KERB raises the following issues before this Court: In91366 No. For existing companies, such public offering shall be implemented not later than five 5 years from the effectivity of this Act. The ERC shall, within sixty 60 days from the effectivity of this Act, promulgate the rules and regulations to implement and effect this provision.
The Commissioners assumed office on 15 August The existing personnel of the ERB, if qualified, shall be given preference in the filling up of plantilla positions created in the ERC, subject to existing civil service rules and 916. Corollarilythe NPC generating plants have to privatized and its transmission business spun off and privatized thereafter.
Provided, furtherThat such standards are set to ensure that the electric power industry participants meet the minimum financial standards to protect the public interest. A valid cause for removal exists when, pursuant to a bona fide reorganization, a position has been abolished or rendered redundant or there is a need to merge, divide, or consolidate positions in order to meet the exigencies of the service, or other lawful causes allowed by the Civil Service Law.
The Public Service Commission PSC had jurisdiction, supervision, and control over all public services, including the electric power service. Finally, the 91136 already posted the elira positions, which prescribe higher 91136, as approved by the Department of Budget and Management.
Throughout the years, the scope of the regulation has gradually narrowed from that of public services in to the electricity industry and water resources in to the electric power industry and oil industry in to the electric industry alone in The foregoing transfer of powers and functions shall include applicable funds and appropriations, records, equipment, property and such personnel as may be necessary; ProvidedThat with reference to paragraph b of Section 4 hereof, only such amount of funds and appropriations of the Bureau of Energy Utilization, as well as only the personnel thereof who are completely or primarily involved in the exercise by said Bureau of its regulatory and adjudicatory powers and functions, shall be affected by such transfer: Functions of the ERC.
In appropriate cases, the ERC is authorized to issue cease and desist order after due notice and hearing. From a legal standpoint, there is no occupant in an abolished office. The ERC may adopt alternative forms of internationally-accepted rate setting methodology as it may deem appropriate. New companies shall implement their respective public offerings not later than five 5 years from the issuance of their certificate of compliance; and.
Other Transferred Powers and Functions. There are testable success criteria for each guideline. Towards this end, it shall be responsible for the following key functions in the restructured industry:.
Civil Service Commission stated that: The Commission shall be composed of a Chairman and four 4 members to be appointed by the President of the Philippines. Upon the initial implementation of open access, the ERC shall allow all electricity end-users with a monthly average peak demand of at least one megawatt 1MW for the preceding twelve 12 months to be the contestable market.
On November 7,Commonwealth Act No. To ensure lower rates for end-users, the ERC shall forthwith reduce the rates of power from all indigenous sources peira energy. Such rules and regulations shall define the following:.
RA – Amending the Electric Power Supply Industry Reform Act of (EPIRA)
The power to fix and regulate the rates or charges pertinent to shipping or transporting of petroleum products shall also be exercised by the Board. Within three 3 months from the creation of the ERC, the Chairman shall submit for the approval of the President of the Philippines the new organizational structure and plantilla positions necessary to carry out the powers and functions of the ERC.
Such fees shall be fixed by the ERC after due notice and public hearing.
Agpalo, Philippine Administrative Law 5 AlindadaLeticia V. To achieve its aforestated goal, the law has reconfigured the organization of the regulatory body. Shortcut for site map epria agency section of the page. An abolition is made in good faith when it is not made for political or personal reasons, or when it does not circumvent the constitutional security of tenure of civil service employees.
Republic Act No. 9136
The EPIRA organized the industry into four 4 sectors, generation, transmission, distribution and supply. Apo Geothermal complexes, shall be reviewed by the ERC and the terms thereof amended to remove any hidden costs or extraordinary mark-ups in the cost of rz or steam above their true costs.
Provided, howeverThat ERC may give an exemption in case of unusual devaluation: The ERC shall ensure that all savings realized from the reduction of said mark-ups shall be passed on to all end-users. PSALM was epra to take ownership of all existing generation assets, independent epita producers IPP contracts, real estate and all other disposable assets, and to assume all liabilities and obligations of NPC.
The Board shall, upon proper notice and hearing, exercise the following, among other powers and functions:.
In case of disagreement in valuation, procedures, ownership participation and other issues, the ERC shall resolve such issues. The Chairman and members of the Commission shall assume office at the beginning of their terms: