A RESOLUTION ADOPTING THE RULES TO GOVERN THE INSTALLATION AND RELOCATION OF RESIDENTIAL ELECTRIC METERS BY DISTRIBUTION UTILITIES TO ELEVATED METERING CENTERS OR INDIVIDUAL RES…

WHEREAS, Article 11 of the Magna Carta for Residential Electricity
Consumers allows electric meters to be located in other areas based on
justifiable reasons;

WHEREAS, on January 21 & 23, 2009 and February 13, 2009, the
Commission conducted expository hearings and a public consultation,
respectively for the promulgation of a set of Rules to Govern the
Installation and Relocation of Residential Electric Meters by
Distribution Utilities to Elevated Metering Centers (EMCs) or Individual
Residential Electric Meter to Other Elevated Service;

WHEREAS, the EMC Rules provide guidance to Distribution Utilities
(DUs) in the installation and relocation of electric meters to elevated
metering centers or to other elevated service in order to ensure their
highest level of compliance with safety standards and adequate
protection of the consumers’ interests and accordingly reduce their
system losses;

WHEREAS, the said EMC Rules shall apply to all DUs whose metering
installations are over and above the height prescribed in the Magna
Carta and the Distribution Services and Open Access Rules (DSOAR);

NOW THEREFORE, the Commission, after thorough and due deliberation,
hereby APPROVES and ADOPTS the Rules to Govern the Installation and
Relocation of Residential Electric Meters by Distribution Utilities to
Elevated Metering Centers or Individual Residential Electric Meter to
Other Elevated Service attached as “Annex A” and made integral part of
this Resolution.

This Resolution shall take effect on the fifteenth (15th) day
following its publication in a newspaper of general circulation in the
country.

Adopted: 25 May 2009

(SGD.) ZENAIDA G. CRUZ-DUCUT Chairperson
(SGD). RAUF A TAN Commissioner	(SGD.) ALEJANDRO Z. BARIN Commissioner
(SGD.) MARIA TERESA A.R. CASTAÑEDA Commissioner	(SGD.) JOSE C. REYES Commissioner

Attachment

Rules to Govern the Installation and
Relocation of Residential Electric Meters By Distribution Utilities to
Elevated Metering Centers or Individual Residential Electric Meter to
Other Elevated Service

Pursuant to Article 11 of the Magna Carta for Residential
Electricity Consumers and Article 2.11.1 of the Distribution Services
and Open Access Rules (DSOAR), the Energy Regulatory Commission (ERC)
hereby promulgates the following rules, terms and conditions for the
installation and relocation of residential electric meters by
Distribution Utilities to elevated metering centers or individual
residential electric meter to other elevated service.

ARTICLE 1
GENERAL PROVISIONS

1.1 Objective

The objective of these Rules is to provide guidance to Distribution
Utilities (DUs) in the installation and relocation of electric meters
to elevated metering centers (EMCs) or to other elevated service in
order to ensure their highest level of compliance with safety standards
and adequate protection of the consumers’ interest and accordingly
reduce their system losses.

1.2 Guiding Principles

The DU shall ensure that the installation and relocation of
residential electric meters to the EMC or to other elevated service
conform with Republic Act No. 9136, other existing laws, rules,
regulations and technical standards set by the ERC.

1.3 Scope

These Rules shall apply to all DUs whose metering installations are
over and above the height prescribed in the Magna Carta and the DSOAR
and shall cover the installation and relocation of residential electric
meters to elevated metering centers or individual residential electric
meter to other elevated service as may be specifically provided herein.
Billing disputes resulting from the installation or relocation of the
meter to EMC services shall be governed by the ERC Rules of Practice and
Procedure.

1.4 Definition of Terms

a. Act – Republic Act No. 9136, otherwise known as the Electric Power Indus try Reform Act of 2001.

b. Billing Month – The elapsed time between two (2) succeeding
meter readings, at least twenty eight (28) days apart but not to exceed
thirty one (31) days.

c. Distribution Utility (DU) – Any electric cooperative, private
corporation, government-owned utility or existing local government unit
which has an exclusive franchise to operate a distribution system in
accordance with its franchise and the Act.

d. DSOAR – Distribution Services and Open Access Rules
promulgated by the ERC under Resolution No. 01, Series of 2006, as may
be amended.

e. Elevated Metering Center (EMC) – the structure attached to DU
poles or other structures on which a cluster of meters is installed
beyond the mounting height per Magna Carta and DSOAR provisions.

f. EMC Service Drop – Includes wires between the EMC installation
and the customer’s old metering point or to the point where the
metering location would have been placed had the customer not been in an
EMC area.

g. Energy Regulatory Commission (ERC) – The independent and
quasi-judicial regulatory agency created under Section 38 of the Act.

h. Line Loss – The component that is inherent in the electrical
equipment, devices and conductors used in the physical delivery of
electric energy. The term includes both load and non-load losses.

i. Magna Carta – Magna Carta for Residential Electricity
Consumers including the Guidelines to Implement the Magna Carta issued
by the ERC and any amendments thereto.

j. Other Elevated Service – The structure other than the EMC
attached to DU poles or other structures on which a meter or cluster of
meters are installed beyond the mounting height per Magna Carta and
DSOAR provisions.

k. Service Drop – The overhead service conductors from the last
pole or other aerial support including the splices, if any, connecting
to the service entrance conductors at the building or other structure
(Philippine Electrical Code).

ARTICLE II

GENERAL CRITERIA

2.1 Magna Carta Requirement

Under Article 11 of the Magna Carta, meters, as a general rule,
shall be located in clean places free from vibration where they are
easily accessible and visible for reading and testing by both the DU and
the consumer. Likewise, meters shall be located on the outside wall of
the building or private pole and shall not be more than three (3) meters
nor less than 1.52 meters mounting height from the surface on which one
would stand to repair, or inspect the meter. However, the Magna Carta
also allows meters to be located in other areas based on justifiable
reasons.

2.2 Instances when elevated meters may be allowed

No meter shall be installed or relocated to elevated metering
centers or other elevated service, except under the following
circumstances:

2.2.1 Non-availability of right-of-way

Right-of-way is required
by the DU to enable its personnel to respond to emergencies and
complaints as well as to construct its distribution posts and other
power distribution equipments. The DU shall exert utmost effort in
acquiring such right-of-way. Prior to the elevation of the meters to EMC
or other elevated service, the DU shall write an explanation to the affected consumer as to its inability to secure the necessary
right-of-way.

2.2.2 Areas with informal settlers without title or rights over
their occupied lands resulting to rampant illegal service connection,
meter vandalism, and meter tampering.

2.2.3 Areas with high incidence of illegal service connections, meter vandalism, and meter tampering

2.2.4 Habitual pilferer

A consumer twice found by the ERC or any other competent court,
upon proof presented by the DU, to have illegally consumed electricity.

2.2.5 Consumer requests

Written requests from legitimate DU consumers or from new
electric service applicants for the elevation of services to metering
centers because of frequent pilferage-related power interruptions, shall
also be given due consideration. Provided, that said consumers
represent at least fifty (50) percent or at least thirty (30) consumers,
whichever is higher, of the registered households in the area whose
meters are proposed to be relocated, duly certified by the Barangay
Chairman or by the Office of the City/Municipal Mayor concerned.

2.3 The DU shall prove before the ERC that an area has high
incidence of illegal service connections, meter vandalism, and meter
tampering or an area with rampant electricity theft by submitting a
system loss report attributing such condition/s, prior to the relocation
or installation of meter to EMC or other elevated service. The ERC
shall act upon such application for approval, within fifteen (15) days
from receipt of the system loss report. The DU’s application shall be
deemed approved in case of failure of the ERC to act on said application
after the lapse of the 15-day period. An area is considered a
pilferage-prone area if the difference between the average 3-month
kilowatthour registration in the check meter or other load monitoring
device and the average 3-month total registered kilowatthour
consumptions of the consumers in the area exceeds the allowable system
loss cap of a DU.

ARTICLE III
REQUIREMENTS AND PROCEDURES

3.1 Cost of installations or relocations

The cost of installations and relocations shall be borne as follows:

3.1.1 For existing consumers whose meters are to be relocated to
EMC installations or for existing individual consumer whose meter is to
be relocated to other elevated service, the DU shall shoulder the cost
of relocation including the costs of service drop wires and all
necessary protective accessories coming from the EMC frames down to the
old metering point or to the point where the metering location would
have been placed had the consumer not been in an EMC area;

3.1.2 For relocation falling under Article 2.2.5 hereof, the DU
and the consumer shall equitably bear the costs, based on the market
value at the time of purchase, of the service drop wires and all
necessary protective accessories coming from the EMC frames down to the
point where the metering location would have been placed had the
consumer not requested for the elevation thereof. However, the DU may
opt to bear all the costs.

The consumer shall have the right to select his/her material and
accessory vendor, provided that such material and accessory adhere to
the applicable minimum technical standards. For purposes of commencing
the procurement of the service drop wires and all necessary protective
accessories, the consumer shall present a procurement invoice to the DU
indicating the amount of said material and accessories. However, the
consumer may opt to advance the costs of the service drop wires and all
necessary protective accessories, subject to immediate refund by the DU
of its equitable share thereof upon presentation of proof of purchase.

3.1.4 For new consumers applying for service connections in areas
served through EMCs, the DU shall shoulder the cost of the service drop
wires from the EMC down to the point where the metering location would
have been placed had the consumer not been in an EMC area. It is
understood that these new consumers have complied with the requirements
for new electric service connection.

3.1.5 For a new consumer whose meter is to be installed in an
elevated service, the DU shall shoulder the cost of the service drop
wires and all necessary protective accessories from the meter down to
the point where the metering location would have been placed had the
consumer not fallen in any of the acceptable circumstances enumerated in
Article II hereof.

3.1.6 No other charges shall be required by the DU for new
consumers applying for service connections in areas served through EMCs
or for a new consumer whose meter is to be installed to an elevated
service, other than those approved by the ERC.

3.2 Operating procedures

3.2.1 Unless duly approved by the Commission, the length of the
service drop wires shall not be more than one hundred thirty (130)
meters from the EMC or other elevated service to the point where the
metering location would have been placed had the consumer not been in an
EMC area or in other elevated service.

3.2.2 The DU shall maintain the usefulness including the
replacement of the service drop wires from the EMC or other elevated
service down to the point where the metering location would have been
placed had the consumer not been in an EMC area or in other elevated
service.

3.2.3 The DU shall conduct regular inspection of the service drop
wires in all areas served through EMCs or other elevated service. The
DU shall immediately remove any wiring connection found tapped on the
service drop wire without the consent by the consumer concerned. If, by
reason of such unauthorized connection, it resulted to drastic increase
in consumer’s kilowatthour consumption, the difference in the average
kilowatthour consumption of such consumer for the past six ( 6) months
prior to the discovery shall be borne by the DU.

3.2.4 The DU shall not install more than thirty (30) electric
meters per EMC frame and not more than ten (10) service drop wires per
bundle, if any.

3.2.5 The DU shall, at all times, allow its consumer or
authorized representative to witness meter reading and testing. Metering
information should be made available to the consumer.

3.2.6 Before clustering or actual elevation of the meter/s, the
DU must conduct an information campaign/forum in the affected area, or
show proof, in case of individual consumer, on why there is a need to
cluster or elevate the meter/s and the procedures to be adopted in
implementing the same.

3.2.7 The DU shall conduct meter readings once every billing
month and shall, within two (2) days from such reading, report to the
consumer and investigate any abrupt change in kilowatthour consumption
by a consumer. For all intents and purposes, abrupt change in
kilowatthour consumption means an increase by one hundred percent (100%)
or decrease by fifty percent (50%) of consumption based on the average
12-month consumption immediately preceding the billing month in
question.

3.2.8 Consumers in other elevated service shall witness the meter
readings, or in the absence of such consumers, their appointed
representatives shall serve as the default witness to such meter
readings.

3.2.9 Consumers in EMC areas shall designate a representative/s,
or at least two (2) common representatives per EMC frame, who shall
witness the meter readings. In the absence of such representative/s, the
Barangay Chairman or his/her appointed constituent shall serve as the
default witness to such meter readings.

3.2.10 The consumer/s’ representative/s, or the Barangay Chairman
or his/ her authorized representative must be duly informed of the
conduct of the meter reading on a designated date and time period at
least two (2) days prior to the scheduled reading date. The consumers’
representatives or the Barangay Chairman or his/her authorized
representative shall be informed of the scheduled reading date and time
period and any date thereafter, in case of changes in schedule. The DU
may proceed with the conduct of meter reading/s on the scheduled date
and time in the event the consumer, consumers’ representative/s, the
Barangay Chairman, or his/her appointed constituent fails to appear,
without justifiable reason, at the scheduled reading date and time.

3.2.11 In reading the meters, the DU shall use either basket
trucks to hoist the meter readers and the consumer/s’ representative or
use high-resolution digital still or video cameras with zoom-in
capabilities to capture the images of the meter/s showing distinctly the
registration/s of the said meter/s.

3.2.12 If high resolution cameras are used, pictures of the meter
showing the registration taken shall be kept by the DU for at least
three (3) months after the reading date. In cases where the consumer
questions the correctness of the readings, the DU shall allow the
concerned consumer access to the meter-reading picture in question.

3.2.13 DUs shall issue meter reading cards that will be filled-up
monthly by the meter readers with the previous and present month’s
readings for each meter located at the affected EMC or other elevated
service, except when the statement of account for that billing period is
issued within two (2) days from such reading date.

3.2.14 For consumers’ ready reference, the DU shall furnish the
Barangay Chairman concerned, within two (2) days from such reading date,
the pictures of the meters showing distinctly the registration taken
during the reading of the meters on all consumers in EMC area, unless
expressly waived by the consumer concerned.

3.2.15 The DU shall process requests involving relocation or new
connection to an EMC service in a timely manner and shall not give
preference or discriminate existing consumers or connection applicants
based on the distance between the EMC service and the consumers’ or
applicant’s premises.

ARTICLE IV

TECHNICAL STANDARD

4.1 Minimum technical standards

DUs shall conform with the applicable minimum technical standards
set by laws, rules and regulations including the Philippine Electrical
Code.

4.1.1 DUs shall ensure that the consumer’s utilization voltage is
within the variations set under Chapter 3.2.3.2 and Chapter 3.2.3.3 of
the Philippine Distribution Code.

4.1.2 The DU shall ensure that the service drop wires shall have
an adequate capacity for the load contracted by the consumer pursuant to
the minimum standard set under Article 2.30.2.3(b) of the Philippine
Electrical Code and are well insulated for wear and tear endurance.

4.1.3 Sagging of service drop wire/s shall not be greater than
that allowed by the DSOAR and that clearance requirements set by the
Philippine Electrical Code shall not be violated

4.1.4 DUs shall bear the cost in correcting errors in connecting
the service drop wires from the meter in the EMC to the premises of
another consumer other than the registered consumer. The DU shall
immediately correct the billing statement of the affected consumer and
the same shall be reflected in the next immediate billing statement.

4.1.5 The DU shall ensure that the technical capability of the
EMC supporting structure follows good engineering design according to
acceptable standards.

ARTICLE V
VIOLATION

Violation of any provision of these Rules shall be subject to
penalty which the Commission, after giving the DU the opportunity to be
heard, may impose in accordance with la w.

ARTICLE VI
TRANSITORY PROVISION

6.1 Refund. For existing
consumers whose meters are already relocated to EMC installations but
who bore the expenses in acquiring service drop wires, including all
necessary protective accessories, said consumers shall file, not later
than three (3) months from the effectivity of these Rules, an
application for refund of the costs of such drop wires and all necessary
protective accessories, upon presentation of a valid proof of purchase.
The amount to be refunded shall be based on the actual amount reflected
in the Official Receipt.

6.2 Separability Clause. If, for any reason, any
provision of these Rules is declared unconstitutional or contrary to law, the other parts or provisions hereof which are not affected thereby
shall continue to be in full force and effect.

6.3 Repealing Clause. Provisions of the Magna
Carta, rules, regulations guidelines and other issuances not expressly
revised by these Rules shall remain in force and effect.

6.4 Effectivity. These Rules
shall apply prospectively and shall take effect on the fifteenth
(15th) day following its publication in a newspaper of general
circulation in the country.

Adopted: 25 May 2009

(SGD.) ZENAIDA G. CRUZ-DUCUT Chairperson
(SGD). RAUF A TAN Commissioner	(SGD.) ALEJANDRO Z. BARIN Commissioner
(SGD.) MARIA TERESA A.R. CASTAÑEDA Commissioner	(SGD.) JOSE C. REYES Commissioner