EMPOWERING THE PRESIDENT TO DETERMINE THE TERMS AND CONDITIONS OF POWER CONTRACTS OF THE GOVERNMENT WITH ALUMINUM SMELTER PROJECTS AND FOR OTHER PURPOSES.

WHEREAS, the Government has identified the establishment of
aluminum smelters as one of the country’s priority industrial projects;

WHEREAS, the energy requirements of aluminum shelters are so
large as to make the project extremely- power-intensive;

WHEREAS, aluminum smelters, unlike other users, have power
usage and load characteristics which permit more efficient use of power
generating and distributing equipment;

WHEREAS, it is common practice in other countries to charge
aluminum smelters power rates different from those of other consumers in the
same grid taking into consideration the particular nature and requirements of
such aluminum smelters;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby
decree and make part of the law of the land the following:

SECTION 1. Upon the recommendation of the Minister of Energy
and the Minister of Industry, the President is hereby empowered to determine the
rates and other terms and conditions for power contracts of aluminum smelters
with the Government or any agency or instrumentality thereof, including the
National Power Corporation or any other government-owned or controlled
corporation;

SECTION 2. Notwithstanding any provision of existing laws to
the contrary, including Republic Act No. 6395, as amended, the President may for
the purposes hereof, authorize the Nations lower Corporation to set such rates
and other terms and conditions, as may be determined by the President, for power
contracts with aluminum smelters; or authorize the National Development Company,
either alone or in joint venture with the National lower Corporation, to
establish a separate corporation which shall supply the power requirements of
aluminum smelters under such rates and other terms and conditions determined by
the President.

SECTION 3. All laws, decrees, orders, proclamations,
instructions, or rules and regulations, or parts thereof which are inconsistent
herewith are hereby modified and/or repealed accordingly.

SECTION 4. This Decree shall take effect immediately.

Done in the City of Manila, this 11th day of January, in the year of Our
Lord, nineteen hundred and eighty-one.

			(Sgd.) FERDINAND E. MARCOS President of the Philippines
	By the President:
	(Sgd.) JOAQUIN T. VENUS, JR.
		Deputy Presidential Executive Assistant

 

Vol. 25, Vital Documents, Presidential Decree 1980-1981