RESOLUTION ADOPTING THE RULES TO GOVERN THE IMPLEMENTATION OF THE TIME OF USE (TOU) RETAIL RATES OF DISTRIBUTION UTILITIES (DUS) PURCHASING THEIR POWER REQUIREMENTS FROM VARIOUS…

WHEREAS, Section 43 (f) of Republic Act No. 9136, otherwise known as
the Electric Power Industry Reform Act of 2001 (EPIRA), and its
Implementing Rules and Regulations (IRR), provide that the Energy
Regulatory Commission (ERC) shall determine, fix and approve, among
others, the retail rates to be imposed by Distribution Utilities (DUs)
through an established and enforced methodologies;

WHEREAS, on April 13, 2005, the Commission issued a Decision in ERC
Case No. 2004-178 [In the Matter of the Application for the Approval of
the Proposed Generation Rates for Luzon, Visayas and Mindanao Grids,
with Prayer for Provisional Authority, National Power Corporation (NPC)
and Power Sector Assets and Liabilities Management Corporation (PSALM) –
Applicants] approving the Time of Use (TOU) retail rates of the
applicants and directing all DUs to file their respective proposed TOU
retail applications;

WHEREAS, on various dates, the DUs filed their respective TOU retail rates applications;

WHEREAS, to facilitate the evaluation and resolution of the said
applications, the Commission formulated a draft “Rules to Govern the
Implementation of the Time of Use (TOU) Retail Rates of Distribution
Utilities (DUs) Purchasing Their Power Requirements From Various
Sources”, which was subjected to a public consultation on October 8,
2008.

WHEREAS, after a through evaluation of the comments and views
submitted by the participants, the Commission deems it necessary to
formulate and adopt a set of rules that would govern the implementation
of the TOU retail rates of DUs purchasing their power requirements from
various sources;

NOW, THEREFORE, be it RESOLVED, as the Commission hereby RESOLVES to
ADOPT the “Rules to Govern the Implementation of the Time of Use (TOU)
Retail Rates of Distribution Utilities (DUs) Purchasing Their Power
Requirements From Various Sources”.

This Resolution shall take effect immediately following its
publication in a newspaper of general circulation in the Philippines.

Let copies of this Resolution be furnished the University of the
Philippines Law Center-Office of the National Administrative Register
(UPC-ONAR) and all Distribution Utilities (DUs).

Adopted: 23 Feb. 2009

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