A Resolution Adopting the Revised Rules for Contestability

May 12, 2016

ERC RESOLUTION NO. 10-16

A RESOLUTION ADOPTING THE REVISED RULES FOR CONTESTABILITY

WHEREAS, on 23 January 2008, the Commission promulgated the Rules for Contestability which established the conditions and eligibility requirements for End-users to be part of the Contestable Market;

WHEREAS, the ERC sees the need to amend the existing Rules for Contestability aimed at addressing the implementation issues for the retail market, and to likewise adjust the threshold level for the Contestable Market as embodied in Section 31 of Republic Act No. 9136, otherwise known as the Electric Power Industry Reform Act (EPIRA) and Rule 12 of its Implementing Rules and Regulations (IRR);

WHEREAS, on 13 July 2015 and 13 November 2015, the first and second drafts of the Revised Rules for Contestability, respectively, were posted on the two (2) ERC-administered websites to solicit comments from the industry participants;

WHEREAS, a public consultation and Focus Group Discussion (FGD) were consequently conducted to discuss the comments submitted by the stakeholders;

WHEREAS, the final draft of the Revised Rules for Contestability was posted on the Commission website on 8 April 2016 to elicit comments from concerned stakeholders;

WHEREAS, after a careful consideration of the various views and comments submitted by interested parties and the views expressed by the electric power industry participants, the ERC deems it appropriate to adopt the Revised Rules for Contestability;

NOW THEREFORE, the Commission, after thorough and due deliberation, hereby RESOLVES, as it is hereby RESOLVED, to APPROVE and ADOPT, the "Revised Rules for Contestability" herein attached as "Annex A" and made an integral part of this Resolution.

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

Let copies of this Resolution be furnished all parties concerned and the University of the Philippines Law Center-Office of the National Administrative Register (UPLC-ONAR), all Retail Electricity Suppliers, Distribution Utilities, Department of Energy and the Central Registration Body. SDHTEC

Pasig City, May 12, 2016.

(SGD.) JOSE VICENTE B. SALAZARChairman

(SGD.) ALFREDO J. NONCommissioner

(SGD.) GLORIA VICTORIA C. YAP-TARUCCommissioner

(SGD.) JOSEFINA PATRICIA A. MAGPALE-ASIRITCommissioner

(SGD.) GERONIMO D. STA. ANACommissioner

ANNEX A

Revised Rules for ContestabilityMay 12, 2016