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 14 - PROVISIONAL AUTHORITY

Section 1. Motions for Provisional Authority. - For applications or petitions covered by Section 1 of Rule 6, the motion for provisional authority shall be included in the application or petition and the caption of the pleading shall clearly indicate that such relief is requested.
 
Section 2. Allegations in Support of the Motion and Supporting Documents. - The motion must be accompanied by supporting affidavits and documents and must allege such facts and circumstances as would justify the Commission’s exercise of discretion by granting provisional authority or interim relief prior to a final decision.
 
Section 3. Action on the Motion. - Motions for provisional authority or interim relief may be acted upon with or without hearing. The Commission shall act on the motion on the basis of the allegations of the application or petition and supporting documents and other evidences that applicant or petitioner has submitted and the comments or opposition filed by any interested person, if there be any.
 
For motions filed in applications or petitions covered by Section 1 of Rule 6, the Commission shall hold in abeyance its resolution of the motion until after the lapse of thirty (30) days from the receipt of a copy of the application or petition by the LGU Legislative Body concerned or publication of the application or petition in a newspaper of general circulation, whichever comes later. The Commission shall also resolve the motion within seventy-five (75) days from the filing of the application or petition. If the Commission issues a provisional authority, it shall schedule and start the hearing on the application or petition within thirty (30) days from date of issuance of the provisional authority and resolve the same within twelve (12) months from the issuance of the provisional authority.
 
Section 4. Refund. - The interim relief granted by the Commission shall be subject to refund if the Commission finds after the hearing on the application or petition that the applicant or petitioner was not entitled thereto or to the full amount of any provisional rate adjustment allowed and to such other conditions that the Commission may impose.

 


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