ERC Resolution No. 08-10, adopted on March 10, 2010, establishes the rules for the Interruptible Load Program (ILP) aimed at addressing power shortages in the Visayas and Mindanao regions of the Philippines. The ILP allows distribution utilities (DUs) to request participating customers to partially or fully disconnect their load during power shortages, with compensation provided for the de-loaded energy. The resolution outlines the procedures for activation, billing, and compensation, ensuring that all costs incurred are recoverable from the utility's customers. This initiative seeks to enhance the reliability and quality of electricity supply while promoting transparency and efficiency in the electricity market. The rules will take effect 15 days after publication in a general circulation newspaper.
March 10, 2010
ERC RESOLUTION NO. 08-10
A RESOLUTION ADOPTING THE RULES TO GOVERN THE INTERRUPTIBLE LOAD PROGRAM (ILP) OF DISTRIBUTION UTILITIES (DUs)
WHEREAS, it is a declared policy of the State to ensure the quality, reliability, security and affordability of the supply of electric power; HTAEIS
WHEREAS, to address the imminent power shortage and augment the limited power requirements of the distribution utilities (DUs) in Visayas and Mindanao regions, the Commission proposed to adopt a set of Rules to Govern the Interruptible Load Program (ILP) of DUs as a proactive measure to help solve the power shortage;
WHEREAS, on February 11, 2010, the proposed Rules were posted on its website directing all interested parties to file their respective comments on or before February 26, 2010;
WHEREAS, on February 22 and February 23, 2010, expository hearings were conducted in the Cities of Pasig (for Luzon) and Cebu (for Visayas and Mindanao), respectively;
WHEREAS, on March 5, 2010, a public consultation was held at the Commission's Main Office to discuss the comments submitted by the following stakeholders: 1) Manila Electric Company (MERALCO); 2) Philippine Electricity Market Corporation (PEMC); 3) Dagupan Electric Corporation (DECORP); 4) Cagayan Electric Power and Light Company (CEPALCO); 5) Misamis Occidental II Electric Cooperative, Inc. (MOELCI); 6) Davao Light and Power Company, Inc. (DLPC); 7) Visayan Electric Company, Inc. (VECO); and 8) Distribution Management Committee (DMC);
WHEREAS, the ILP allows the DU and the participating customer to enter into an agreement wherein the customer may be requested by its DU to be partially or fully de-loaded/disconnected for a period of time as determined by the DU. The DU shall pay the participating customer a de-loading compensation for the incremental cost incurred which shall be recovered from all customers of the DU as part of the monthly total power cost;
WHEREAS, after a careful consideration of the comments submitted by interested parties, the Commission deems it appropriate to adopt and implement the Rules to Govern the ILP of DUs in the Visayas and Mindanao Grids to alleviate the power crisis in the said regions;
NOW THEREFORE, the Commission, after thorough and due deliberation, hereby RESOLVES, as it is hereby RESOLVED, to APPROVE and ADOPT, the "Rules Governing the Interruptible Load Program (ILP) of Distribution Utilities (DUs)" for Visayas and Mindanao, hereto attached as Annex "A" and made an integral part hereof.
These Rules shall take effect on the fifteenth (15th) day following its publication in a newspaper of general circulation. ISDCaT
Let copies of this Resolution be furnished the University of the Philippines Law Center-Office of the National Administrative Register (UPLC-ONAR), Manila Electric Company (MERALCO), Philippine Electricity Market Corporation (PEMC); Dagupan Electric Corporation (DECORP), Cagayan Electric Power and Light Company (CEPALCO), Misamis Occidental II Electric Cooperative, Inc. (MOELCI), Davao Light and Power Company, Inc. (DLPC); Visayan Electric Company, Inc. (VECO); and Distribution Management Committee (DMC) and all DUs in the Visayas and Mindanao Grids.
Pasig City, March 10, 2010.
(SGD.) ZENAIDA G. CRUZ-DUCUTChairperson
(SGD.) RAUF A. TANCommissioner
(SGD.) ALEJANDRO Z. BARINCommissioner
(SGD.) MARIA TERESA A.R. CASTAÑEDACommissioner
on official travelJOSE C. REYESCommissioner
ATTACHMENT
Distribution Utilities
1. MANILA ELECTRIC COMPANY
2. DAGUPAN ELECTRIC CORPORATION
3. CAGAYAN ELECTRIC POWER AND LIGHT COMPANY, INC.
4. COTABATO LIGHT AND POWER COMPANY
5. ILIGAN LIGHT AND POWER INC.
6. MACTAN ELECTRIC COMPANY, INC.
7. DAVAO LIGHT AND POWER COMPANY acCTSE
8. VISAYAN ELECTRIC COMPANY (VECO)
9. LA UNION ELECTRIC COMPANY, INC.
10. TARLAC ELECTRIC INC.
11. CABANATUAN ELECTRIC CORPORATION
12. IBAAN ELECTRIC AND ENGINEERING CORPORATION
13. BOHOL LIGHT COMPANY, INC.
14. ANGELES ELECTRIC CORPORATION
15. PANAY ELECTRIC COMPANY, INC.
16. SAN FERNANDO ELECTRIC LIGHT AND POWER COMPANY, INC.
17. SUBIC ENERZONE CORPORATION
18. CLARK ELECTRIC DEVELOPMENT CORPORATION CASTDI
19. ILOCOS NORTE ELECTRIC COOPERATIVE, INC.
20. ILOCOS SUR ELECTRIC COOPERATIVE, INC.
21. LA UNION ELECTRIC COOPERATIVE, INC.
22. PANGASINAN I ELECTRIC COOPERATIVE, INC.
23. CENTRAL PANGASINAN ELECTRIC COOPERATIVE, INC.
24. PANGASINAN III ELECTRIC COOPERATIVE, INC.
25. BATANES ELECTRIC COOPERATIVE, INC.
26. CAGAYAN I ELECTRIC COOPERATIVE, INC.
27. CAGAYAN II ELECTRIC COOPERATIVE, INC.
28. ISABELA I ELECTRIC COOPERATIVE, INC.
29. ISABELA II ELECTRIC COOPERATIVE, INC.
30. NUEVA VIZCAYA ELECTRIC COOPERATIVE, INC.
31. QUIRINO ELECTRIC COOPERATIVE, INC.
32. ABRA ELECTRIC COOPERATIVE, INC. EHCaDS
33. BENGUET ELECTRIC COOPERATIVE, INC.
34. IFUGAO ELECTRIC COOPERATIVE, INC.
35. KALINGA APAYAO ELECTRIC COOPERATIVE, INC.
36. MOUNTAIN PROVINCE ELECTRIC COOPERATIVE, INC.
37. AURORA ELECTRIC COOPERATIVE, INC.
38. TARLAC I ELECTRIC COOPERATIVE, INC.
39. TARLAC II ELECTRIC COOPERATIVE, INC.
40. NUEVA ECIJA I ELECTRIC COOPERATIVE, INC.
41. NUEVA ECIJA II ELECTRIC COOPERATIVE, INC. — Area 1
42. NUEVA ECIJA II ELECTRIC COOPERATIVE, INC. — Area 2
43. SAN JOSE CITY ELECTRIC COOPERATIVE, INC.
44. PAMPANGA RURAL ELECTRIC SERVICE COOPERATIVE, INC.
45. PAMPANGA I ELECTRIC COOPERATIVE, INC.
46. PAMPANGA II ELECTRIC COOPERATIVE, INC.
47. PAMPANGA III ELECTRIC COOPERATIVE, INC. aCHcIE
48. PENINSULA ELECTRIC COOPERATIVE, INC.
49. ZAMBALES I ELECTRIC COOPERATIVE, INC.
50. ZAMBALES II ELECTRIC COOPERATIVE, INC.
51. FIRST LAGUNA ELECTRIC COOPERATIVE, INC.
52. BATANGAS I ELECTRIC COOPERATIVE, INC.
53. BATANGAS II ELECTRIC COOPERATIVE, INC.
54. QUEZON I ELECTRIC COOPERATIVE, INC.
55. QUEZON II ELECTRIC COOPERATIVE, INC.
56. LUBANG ELECTRIC COOPERATIVE, INC.
57. OCCIDENTAL MINDORO ELECTRIC COOPERATIVE, INC.
58. ORIENTAL MINDORO ELECTRIC COOPERATIVE, INC.
59. MARINDUQUE ELECTRIC COOPERATIVE, INC.
60. TABLAS ISLAND ELECTRIC COOPERATIVE, INC.
61. ROMBLON ELECTRIC COOPERATIVE, INC. TcSaHC
62. BUSUANGA ISLAND ELECTRIC COOPERATIVE, INC.
63. PALAWAN ELECTRIC COOPERATIVE, INC.
64. CAMARINES NORTE ELECTRIC COOPERATIVE, INC.
65. CAMARINES SUR I ELECTRIC COOPERATIVE, INC.
66. CAMARINES SUR II ELECTRIC COOPERATIVE, INC.
67. CAMARINES SUR III ELECTRIC COOPERATIVE, INC.
68. CAMARINES SUR IV ELECTRIC COOPERATIVE, INC.
69. ALBAY ELECTRIC COOPERATIVE, INC.
70. SORSOGON I ELECTRIC COOPERATIVE, INC.
71. SORSOGON II ELECTRIC COOPERATIVE, INC.
72. FIRST CATANDUANES ELECTRIC COOPERATIVE, INC.
73. MASBATE ELECTRIC COOPERATIVE, INC.
74. TICAO ISLAND ELECTRIC COOPERATIVE, INC.
75. AKLAN ELECTRIC COOPERATIVE, INC.
76. ANTIQUE ELECTRIC COOPERATIVE, INC. IHaSED
77. CAPIZ ELECTRIC COOPERATIVE, INC.
78. ILOILO I ELECTRIC COOPERATIVE, INC.
79. ILOILO II ELECTRIC COOPERATIVE, INC.
80. ILOILO III ELECTRIC COOPERATIVE, INC.
81. GUIMARAS ELECTRIC COOPERATIVE, INC.
82. VMC RURAL ELECTRIC SERVICE COOPERATIVE, INC.
83. CENTRAL NEGROS ELECTRIC COOPERATIVE, INC.
84. NEGROS OCCIDENTAL ELECTRIC COOPERATIVE, INC.
85. NEGROS ORIENTAL I ELECTRIC COOPERATIVE, INC.
86. NEGROS ORIENTAL II ELECTRIC COOPERATIVE, INC.
87. BANTAYAN ISLAND ELECTRIC COOPERATIVE, INC.
88. CEBU I ELECTRIC COOPERATIVE, INC.
89. CEBU II ELECTRIC COOPERATIVE, INC.
90. CEBU III ELECTRIC COOPERATIVE, INC.
91. PROVINCE OF SIQUIJOR ELECTRIC COOPERATIVE, INC.
92. CAMOTES ISLAND ELECTRIC COOPERATIVE, INC. cDTCIA
93. BOHOL I ELECTRIC COOPERATIVE, INC.
94. BOHOL II ELECTRIC COOPERATIVE, INC.
95. DON ORESTES ROMUALDEZ ELECTRIC COOPERATIVE, INC.
96. LEYTE II ELECTRIC COOPERATIVE, INC.
97. LEYTE III ELECTRIC COOPERATIVE, INC.
98. LEYTE IV ELECTRIC COOPERATIVE, INC.
99. LEYTE V ELECTRIC COOPERATIVE, INC.
100. SOUTHERN LEYTE ELECTRIC COOPERATIVE, INC.
101. BILIRAN ISLAND ELECTRIC COOPERATIVE, INC.
102. NORTHERN SAMAR ELECTRIC COOPERATIVE, INC.
103. SAMAR I ELECTRIC COOPERATIVE, INC.
104. SAMAR II ELECTRIC COOPERATIVE, INC.
105. EASTERN SAMAR ELECTRIC COOPERATIVE, INC.
106. ZAMBOANGA DEL NORTE ELECTRIC COOPERATIVE, INC.
107. ZAMBOANGA DEL SUR I ELECTRIC COOPERATIVE, INC. ETIcHa
108. ZAMBOANGA DEL SUR II ELECTRIC COOPERATIVE, INC.
109. ZAMBOANGA CITY ELECTRIC COOPERATIVE, INC.
110. MISAMIS OCCIDENTAL I ELECTRIC COOPERATIVE, INC.
111. MISAMIS OCCIDENTAL II ELECTRIC COOPERATIVE, INC.
112. MISAMIS ORIENTAL I ELECTRIC COOPERATIVE, INC.
113. MISAMIS ORIENTAL II RURAL ELECTRIC SERVICE
114. FIRST BUKIDNON ELECTRIC COOPERATIVE, INC.
115. CAMIGUIN ELECTRIC COOPERATIVE, INC.
116. LANAO DEL NORTE ELECTRIC COOPERATIVE, INC.
117. BUKIDNON II ELECTRIC COOPERATIVE, INC.
118. DAVAO ORIENTAL ELECTRIC COOPERATIVE, INC.
119. DAVAO DEL NORTE ELECTRIC COOPERATIVE, INC.
120. DAVAO DEL SUR ELECTRIC COOPERATIVE, INC.
121. COTABATO ELECTRIC COOPERATIVE, INC. SEcADa
122. SOUTH COTABATO I ELECTRIC COOPERATIVE, INC.
123. SOUTH COTABATO II ELECTRIC COOPERATIVE, INC.
124. SULTAN KUDARAT ELECTRIC COOPERATIVE, INC.
125. TAWI-TAWI ELECTRIC COOPERATIVE, INC.
126. SIASI ELECTRIC COOPERATIVE, INC.
127. SULU ELECTRIC COOPERATIVE, INC.
128. BASILAN ELECTRIC COOPERATIVE, INC.
129. CAGAYAN DE SULU ELECTRIC COOPERATIVE, INC.
130. LANAO DEL SUR ELECTRIC COOPERATIVE, INC.
131. MAGUINDANAO ELECTRIC COOPERATIVE, INC.
132. AGUSAN DEL NORTE ELECTRIC COOPERATIVE, INC.
133. AGUSAN DEL SUR ELECTRIC COOPERATIVE, INC.
134. SURIGAO DEL NORTE ELECTRIC COOPERATIVE, INC.
135. SIARGAO ELECTRIC COOPERATIVE, INC. DEcITS
136. DINAGAT ISLAND ELECTRIC COOPERATIVE, INC.
137. SURIGAO DEL SUR I ELECTRIC COOPERATIVE, INC.
138. SURIGAO DEL SUR II ELECTRIC COOPERATIVE, INC.
139. DISTRIBUTION MANAGEMENT COMMITTEE
140. PHILIPPINE ELECTRICITY MARKET CORPORATION
ANNEX A
RULES TO GOVERN THE INTERRUPTIBLE LOAD PROGRAM OF DISTRIBUTION UTILITIES
Pursuant to Section 43 of Republic Act No. 9136 and its Implementing Rules and Regulations (IRR), the Energy Regulatory Commission (ERC) hereby adopts and promulgates these Rules to establish a process for the interruptible load program of distribution utilities.
ARTICLE I
General Provisions
These Rules shall have the following objectives:
a) To address the imminent power shortage and augment the limited power requirements of the Distribution Utilities;
b) To ensure the timely compensation and recovery of allowable expense related to the interruptible load program entered into by Distribution Utilities;
c) To ensure transparent and reasonable prices of electric power service in a regime of free and fair competition and to achieve greater operational and economic efficiency;
d) To protect the public interest as it is affected by the rates and services of the Distribution Utilities; and
e) To help maintain the security, reliability, and quality of the supply of electric power.
ARTICLE II
Scope and Definition of Terms
SECTION 1. Scope. — These Rules shall apply to all Distribution Utilities and their respective Participating Customer, within its franchise area.
SECTION 2. Definition of Terms. — As used in these Rules, the following terms shall have the following respective meanings:
"Average Rate" shall refer to the average PhP/kWh paid by the Customer, including Generation, Transmission, Distribution and non-bypassable cost (Universal Charge, Lifeline, VAT, etc.).
"Billing Period" shall refer to the existing billing month.
"Customer" shall refer to any person or entity requiring the supply and delivery of electricity for its own use.
"Distribution Utility or DU" shall refer to any electric cooperative, private corporation, government-owned utility or existing local government unit which has exclusive franchise to operate a distribution system in accordance with its franchise and the Act.
"Energy Regulatory Commission" or "ERC" shall refer to the independent quasi-judicial regulatory body created under Section 38 of the Republic Act No. 9136.
"Energy Sales" shall refer to the amount of electricity in kWh consumed by the customers based on a valid contract for the sale of electricity.
"ERC Rules of Practice and Procedure" shall refer to the Rules promulgated by the ERC on June 22, 2006 governing the proceedings before it.
"Generation Rate" shall refer to the average generation charge (on a PhP/kWh) paid by all Customers of the franchised DU, computed under the Automatic Generation Rate Adjustment (AGRA) mechanism.
"Grid" shall refer to the high voltage backbone of interconnected transmission lines, substations and related facilities for the purpose of conveyance of bulk power.
"Heat Rate Caps" shall refer to the heat rate caps approved by the ERC.
ARTICLE III
De-Loading Program and Protocols
SECTION 1. Request for De-Loading. — Under the Interruptible Load Program (ILP), the Distribution Utility and Participating Customer shall enter into an Agreement wherein the Participating Customer may be requested by the Distribution Utility (in writing or verbally) to de-load, during which time a Participating Customer may either fully de-load, by disconnecting its delivery point that receives electricity from the Distribution Utility, or partially de-load by reducing its load from Distribution Utility, for a period of time as determined by the Distribution Utility in its request.
The Distribution Utility shall agree with a Participating Customer for the number of cumulative hours in a month in which it can be requested to de-load. The Participating Customer has the option whether or not to accommodate any request by the Distribution Utility in excess of such agreed period of time.
SECTION 2. Activation of ILP. — As soon as notice is received from the System Operator of the Grid of an expected power shortage, the DU shall execute the following procedure:
1. The DU sources the shortage from its various IPP's with existing/ERC-approved contracts.
2. If alternative source is not enough to cover the shortage, the DU shall activate its Interruptible Load Program through the following procedure:
a) Match the expected time of the shortage with the time Interruptible Load Customers prefer to be de-loaded.
b) Sort the load of the customer at the time of expected shortage based on customer load profile. Customers with larger loads are prioritized to be requested to de-load.
c) Check that customers have been de-loaded for less than agreed number of hours in the current month.
d) Call the customer and request to de-load.
e) If customer cannot de-load, customers next in the list are called to be requested to de-load.
3. If Interruptible Load is not sufficient to cover the shortage then the Manual Load Dropping (MLD) is activated.
SECTION 3. Dispatch Protocol. — The Distribution Utilities shall be guided by procedures in implementing its Interruptible Load Program (ILP).
After the DU identifies the need of a required load dropping, the ILP will enter the Preparatory Stage (45 minutes before activation) wherein the following procedures shall be adhered to:
a) DU to inquire/verify system condition.
b) DU will assess amount of schedule load dropping.
c) DU to inquire from Participating Customer (PC) present loading and amount of load they can drop.
d) DU to dispatch assigned DU personnel to participating interruptible customers.
During Activation Stage (5 minutes before activation up to during activation):
a) DU to get and evaluate the actual loading (kW) of PC.
• by communicating to the PC's billing meter, or
• by inquiring from PC's assigned contact person together with inquiring from on-site DU personnel
b) DU to monitor and record the feeder loading in SCADA where PC's are connected.
c) DU to review/assess the system loading and power requirements.
d) DU to alert/call the PC to start load dropping, if necessary and needed.
e) DU to monitor and record the feeder loading if significant kW drop equal the sum of loads drop of PCs connected on that feeder/bay.
f) DU to verify and evaluate the drop in loads (kW) of PC.
• by communicating to the PC's billing meter, or
• by confirmation from PC's contact person together with corroboration from on-site DU personnel.
g) DU to monitor and record the feeder loading in SCADA where PCs are connected.
h) DU to assess the duration of such loading condition and relaying it to the knowledge of PC involved.
During the Normalization Stage:
a) DU to monitor and record the feeder loading in SCADA where PCs are connected or thru communicating with PC's contact person together with corroboration from on-site DU personnel.
b) DU to evaluate the system condition and alert the PC to start loading back to normal.
c) DU to monitor and record the feeder loading in SCADA where PCs are connected or thru communicating with PC's contact person together with corroboration from on-site DU personnel.
SECTION 4. Documentation. — After normalization, the DU shall document the cause, de-loaded kWh, date, time and duration of the de-loading. Further, the DU shall also secure from the System Operator (SO) of the Grid a formal load dropping request indicating the cause, load drop in kW, date, time and duration. These information shall be disseminated to all PCs who participated on the recent de-loading.
SECTION 5. Pre-schedule Load Dropping Scheme. — Upon advised from the SO of the Grid, the DU shall endeavor to relay a copy of load dropping request to PCs for load drop information dissemination.
SECTION 6. Manual Load Drop (MLD). — Upon information from the SO of the Grid, the DU shall endeavor to inform in advance affected PCs for sudden manual load drop by power system requirement or systems operation. Automatic Load Dropping (ALD), in any case, should not be part of the interruptible load program (ILP).
ARTICLE IV
Billing and Compensation
SECTION 1. De-Loading Compensation. — The Distribution Utility shall pay the Participating Customer a compensation an amount representing the incremental cost incurred due to the full or partial de-loading, when it de-loads from the Distribution Utility as requested.
The De-Loading Compensation shall be computed by multiplying the "de-loaded kWh" less registered kWh in the meter, if any, during periods when the Distribution Utility requests a Participating Customer to de-load, multiplied by the incremental de-loading cost per kWh, to wit:
De-loading Compensation pesos = Incremental De-loading Rate x Compensable kWh
Where:
Incremental De-loading Rate = [Generation Cost of Fuel x Fuel Consumption Rate]
- PC Average rate
| Generation Cost of Fuel | = | Average price of diesel fuel from |
| Petron, Shell and Caltex for the | ||
| previous month | ||
| Fuel Consumption Rate | = | 0.28 liter/kWh |
| PC Average Rate | = | the Participating Customer's Average |
| Rate for the current billing period |
Compensable kWh = Actual de-loaded kWh for the current billing period
The "de-loaded kWh", will depend on the Participating Customer's actual real-time reading by the Distribution Utility or its agreed 24-hour load profile based on its latest average load profile for previous month, if the DU has not installed real-time metering for Participating Customer.
SECTION 2. Meter Reading. — The Metering device shall be read at the same time as the usual reading for billing, in addition to the downloaded data. The Participating Customer shall have the right to have a representative during any reading and inspection. For this purpose, the Distribution Utility shall notify the Participating Customer two (2) days prior to the reading or inspection. If notwithstanding such notification, the Participating Customer fails to send its representative, the Distribution Utility shall proceed with the reading, and the Participating Customer shall accept the same as final.
SECTION 3. Billing and Settlement. — The Distribution Utility shall pay Participating Customer for the de-loading within thirty (30) days from receipt of the invoice from Participating Customer.
SECTION 4. Disputes. — The Distribution Utility and Participating Customer shall endeavor to resolve any dispute arising from the implementation of the Interruptible Load Program, otherwise, the same shall be elevated to the Commission in accordance with the ERC's Rules of Practice and Procedures.
ARTICLE V
Recovery of De-Load Compensation
The amount paid to the Participating Customers shall be recovered from all customers of the Distribution Utility as part of its Total Cost of Power to be included in the Distribution Utility's monthly computation of Generation Rate, based on the following formula:
Total Payments to Suppliers + De-Loading Compensation = Total Cost of Power
ARTICLE VI
Requirement for a Participating Customer
SECTION 1. Qualification of a Participating Customer. — Any Customer or group of Customers under the DUs franchise area can be qualified as a Participating Customer subject to their mutual agreement. A Participating Customer shall assign a contact person that shall be responsible in performing the tasks under Article III Section 2 of these Rules.
SECTION 2. Offer of ILP. — DUs experiencing shortage of power supply shall offer to their customers the ILP. Availment of which shall be on a voluntary basis on the part of the customers.
SECTION 3. Metering Equipment and its Accessories. — Appropriate metering shall be installed for the purpose of billing the Participating Customer, to verify and reconcile the day and time during which the Participating Customer de-loads. If not yet available, the intending Participating Customer shall bear the costs of the metering equipment and its accessories.
Such customer may ask the DUs to provide for the required metering equipment and its accessories including the cost of installation, subject to the terms of payment agreed upon between them.
The customer may opt to purchase his own metering equipment and its accessories provided they meet the specifications required by the DU and in accordance with Articles 2.11 and 4.5.2 of the DSOAR.
Expenses for the replacement of real-time meters shall be borne by the customer unless the damage was caused by the DU.
ARTICLE VII
Reportorial Requirement
SECTION 1. Prior to Implementation. — The Distribution Utility shall, prior to its implementation, submit a manifestation in writing to the Commission of its intent to offer the ILP to its customers, with supporting documents. Thereafter, the Commission shall issue an Order authorizing the Distribution Utility to implement the program.
SECTION 2. Monthly Reporting Requirements. — The implementing Distribution Utility shall submit the following to the Commission, along with its submission in the Automatic Generation Rate Adjustment (AGRA), with all calculations related to Article III and Article IV, along with supporting documents, for the De-loaded Compensation and Recovery of the preceding month:
a. Load curve of the Participating Customers;
b. Determined Average Price of Fuel;
c. Schedule of contracted demand/ERC approved rates per supplier;
d. Schedule of average power deliveries/purchases and corresponding generation cost per supplier for each of the consumption period;
e. Soft copy of all calculations; and
f. Other data deemed necessary by the Commission.
ARTICLE VIII
Final Provisions
SECTION 1. Fines and Penalties. — Violation of any provisions of these Rules shall be subject to the imposition of fines and penalties in accordance with the "Guidelines to Govern the Imposition of Administrative Sanctions in the Form of Fines and Penalties Pursuant to Section 46 of the Act" promulgated by the ERC on May 17, 2002, as amended by Resolution No. 03, Series of 2009 entitled "Resolution Amending the Guidelines to Govern the Imposition of Administrative Sanctions in the Form of Fines and Penalties Pursuant to Section 46 of Republic Act No. 9136" dated February 23, 2009.
SECTION 2. Exception Clause. — Where good cause appears, the Commission may allow an exemption from any provisions of these Rules, if such is found to be in the public interest and is not contrary to law or any other related rules and regulations.
SECTION 3. Separability Clause. — If for any reason, any part or section of these Rules is declared unconstitutional or invalid, the other parts or sections hereof which are not affected thereby shall continue to be in full force and effect.
SECTION 4. Repealing Clause. — All rules and guidelines, or portions thereof, issued by the ERC that are inconsistent with these Rules are hereby repealed or modified accordingly.
SECTION 5. Effectivity. — These Rules shall take effect fifteen (15) days following its publication in a newspaper of general circulation.
Pasig City, March 10, 2010.
(SGD.) ZENAIDA G. CRUZ-DUCUTChairperson
(SGD.) RAUF A. TANCommissioner
(SGD.) ALEJANDRO Z. BARINCommissioner
(SGD.) MARIA TERESA A.R. CASTAÑEDACommissioner
on official travelJOSE C. REYESCommissioner