Republic of the Philippines

ENERGY REGULATORY COMMISSION

A world class and independent electric power industry regulator that equitably promotes and protects the interests of consumers and other stakeholders, to enable the delivery of long-term benefits that contribute to sustained economic growth and an improved quality of life.


RULE 2 - DEFINITIONS

Section 1. Definitions. - As used in these rules, except as otherwise required by the context:
 
“Applicant” means, in proceedings involving filings for permission or authorization which the Commission may give under the statutory authority delegated to it, the party on whose behalf the filings are made.
 
“Commission” and “Commissioner” mean the Energy Regulatory Commission, and a member thereof, respectively. “Chair” means the Chairperson of the Commission.
 
“Commission counsel” means a lawyer-member of the Commission’s staff.
 
“Commission-initiated investigation” means a proceeding initiated by the Commission in the exercise of its investigative and quasi-judicial authority.
 
“Complainant” means a person who files a complaint intended to initiate a proceeding with the Commission regarding any act or omission by any person subject to the Commission’s jurisdiction.
 
“Confidential information” means such information that has a commercial value or other value that would be, or could reasonably expected to be, destroyed or diminished, or where the proprietary interest of any party, person or entity will be prejudiced, if the information were disclosed.
 
“Docket” means a file maintained by the Commission as the record for matters filed and proceedings heard by the Commission.
 
“Filing” means written pleadings, applications, comments, petitions, protests, motions, notices, compliance, and other papers submitted to the Commission.
 
“Hearing” means any proceeding at which evidence is taken on the merits of the matters at issue or comments received with respect to a proposed rule for adoption by the Commission.
 
“Intervenor” means a person who participates in a pending matter or proceeding as a party of record by statutory right or by order of the Commission on petition to intervene.
 
“Matter” or “proceeding” means the docket initiated by a filing or submittal or a Commission notice or order.
 
“Party” means each person named or admitted as a party to a proceeding before the Commission.
 
“Petitioner” means a person other than a complainant or an applicant, seeking affirmative relief from the Commission.
 
“Pleading” means a written document submitted by a party, or a person seeking to participate in a proceeding before the Commission, setting forth allegations of fact, claims, defenses, requests for relief, and/or other matters relevant to the issues raised and/or the relief sought in a proceeding and is used herein to refer to an application, petition, complaint, or answer as provided for in Rule 5.
 
“Pre-trial conference” means any conference or meeting of the parties, prior to the presentation of evidence on the merits, on the record and presided over by the Commission or a presiding officer for the purpose of formulating and simplifying the issues in the proceeding or addressing other matters that may expedite orderly conduct and disposition of the proceeding.
 
“Presiding officer” means the Chair or a Commissioner, or a Commission counsel authorized to conduct or preside over any hearing before the Commission.
 
“Respondent” means a person under the Commission’s jurisdiction against whom any complaint or petition is filed or directed or a person who is under formal investigation by the Commission.
 
“Rule” means each statement, order, guideline, or decision of general applicability issued by the Commission that implements, interprets and prescribes law or policy, or describes the organization, procedures, or practice requirements of the Commission.
 
“Rule-making” means a proceeding to adopt, amend, or repeal a Commission rule.

 


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