ERC RESOLUTION NO. 2, S. 2009, January 26, 2009

A RESOLUTION ADOPTING THE RULES FOR RECOVERY OF COSTS ASSOCIATED WITH THE “SALE FOR RESALE AGREEMENTS” BY, BETWEEN OR AMONG DISTRIBUTION UTILITIES

National Administrative Register January 26, 2009
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WHEREAS, pursuant to Section 43 (t) of Republic Act No. 9136, the
Energy Regulatory Commission (ERC) is mandated to promulgate rules and
regulations and perform such other regulatory functions as are
appropriate and necessary in order to ensure the successful
restructuring and modernization of the electric power industry;

WHEREAS, there is a need to come out with the appropriate Rules to
ensure that only the reasonable costs associated with the “Sale for
Resale Agreements” entered into by the Distribution Utilities (DUs) are
recovered through their rates and to prescribe the regulatory
requirements for recovery of these costs;

WHEREAS, on May 25, 2008, the ERC conducted a public consultation for
the adoption of proposed Rules for the Recovery of Costs Associated
with the “Sale for Resale Agreements” By, Between or Among Distribution
Utilities;

NOW THEREFORE, the ERC, after considering the various views and
comments submitted by all interested parties, hereby RESOLVES, as it is
hereby RESOLVED, to APPROVE and ADOPT, the Rules for the Recovery of
Costs Associated with the “Sale for Resale Agreements” By, Between or
Among Distribution Utilities herein attached as Annex “A”[*] and made an integral part of this Resolution.

This Resolution shall take effect fifteen (15) days following its
publication in a newspaper of general circulation in the country.

Adopted: 26 Jan. 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

 


[*] Text Available at Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.