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 15 - DISCOVERY PROCEDURES

Section 1. Policy. - The Commission favors prompt and complete disclosure and exchange of information and encourages informal arrangements among the parties for this exchange. Further, it is the Commission’s policy to encourage the timely use of discovery as a means toward effective presentations at hearing and avoidance of the use of cross-examination at hearing for discovery purposes.
 
Section 2. Modes of Discovery. - The modes of discovery permitted in the Rules of Court may be employed by any party. Upon experiencing any difficulties in obtaining discovery, the parties may seek relief from the Commission by filing a proper motion.
 
Section 3. Depositions. - The testimony of any witness may be taken by deposition at any time before the hearing is closed. The deposition shall proceed in the same manner and pursuant to the same procedures governing the taking and use of depositions under the Rules of Court.
 
Section 4. Data Requests. - In any proceeding pending before the Commission, the Commission and any party may request such data, studies, work papers, reports, and information as are reasonably relevant to the proceeding and are permitted by these rules or by law.
 
Data requests by a party shall be in writing, shall be directed to the party to whom the request is made or its attorney, copy furnished the Commission, and shall specify in as much detail as possible the material requested. Oral data requests may be allowed at the Commission’s or presiding officer’s discretion when made on the record during a hearing. Written or oral requests for data shall include the purpose and justification therefor. Any requested material or portion thereof to which objection is not made as set forth below shall be produced for the requesting party as soon as practicable and in no event later than fifteen (15) days after service of the request, unless the time for production is otherwise shortened or extended by agreement or order of the Commission.
 
Objection to a data request by a party in whole or in part on the ground that the request is unreasonable and/or the material is not relevant or not permitted or required by law shall be made by motion filed as soon as practicable and in no event later than ten (10) days after service of the request. An oral objection may be made at a hearing when the Commission or presiding officer has allowed an oral data request. Objection shall include the portions of the data request objected to and shall detail the basis for the objection. The Commission or the presiding officer shall thereupon determine the validity of the request, taking into account the objection thereto, and rule accordingly.
 
Copies of all requested data shall be served on the Commission and, subject to the reimbursement of the reproduction costs incurred by the requested party, on all other parties, unless a protective order has been granted under Section 5.
 
Section 5. Protective Orders. - Upon motion by a party from whom discovery is sought, and for good cause shown, the Commission or presiding officer may make an order when justice requires to protect the party from unreasonable annoyance, embarrassment, oppression, burden or expense, or from disclosure of confidential business and financial information. If the motion for a protective order is denied in whole or in part, the Commission or presiding officer may order that the party provide or permit discovery. If the motion is made upon a claim of privilege, the procedure in Rule 4 shall apply.
 
Section 6. Effect of Failure to Comply. - The failure of a party to comply with a data request or a Commission order related thereto shall be a ground for striking such portion of any testimony related to such request, without prejudice to the institution of contempt proceedings against the erring party at the discretion of the Commission.

 

Today at ERC
Tuesday, June 25, 2019

Hearing Schedules
Time:
09:00
Case No.:
2019-026 CF [JU] [EX] [PT] [EV]
Applicant:
MERALCO
Venue:
ERC Hearing Room (15th floor)
Title:
In the Matter of the Application for Authority to: (A) Implement the New Local Franchise Tax (LTF) Rate in the City of Pasig; and (B) Recover the Differential LFT Paid to the City of Pasig, with Prayer for Provisional Authority
Time:
09:00
Case No.:
2018-048 RC [JU] [EX] [PT] [EV]
Applicant:
NPC
Venue:
TIELCO's Main Office, Odiongan, Romblon
Title:
In the Matter of the Petition for the Approval of the Proposed New Subsidized Approved Generation Rate (SAGR) with Prayer for Provisional Authority
Time:
10:00
Case No.:
2018-007 DR (CANCELLED) [JU] [EX]
Applicant:
BATELEC II (CANCELLED)
Venue:
ERC Hearing Room (15th floor) (CANCELLED)
Title:
In the Matter of the Petition for Dispute Resolution to Determine Distribution Wheeling Rates with Motion for Issuance of Provisional Authority (CANCELLED)
Time:
10:00
Case No.:
2019-004 CF [JU] [EX] [PT] [EV]
Applicant:
SURSECO I
Venue:
ERC Hearing Room (15th floor)
Title:
In the Matter of the Application for Confirmation and Approval of Calculations of Over or Under Recoveries in the Implementation of Automatic Cost Adjustments and True Up Mechanisms for the Period 2016 to 2018, Pursuant to ERC Resolution No. 16, Series of 2009 as Amended by Resolution No. 21, Series of 2010, and ERC Resolution No. 23, Series of 2010
Time:
14:00
Case No.:
2018-002 DR [PT] [EV]
Applicant:
ISELCO II
Venue:
ERC Hearing Room (15th floor)
Title:
In the Matter of Dispute Resolution on Collection or Refund From Green Future Innovations Inc. (GFII) of Generation / Transmission Service Charges for October 2012 to August 2013 Bill Collected by National Grid Corporation of the Philippines (NGCP) from Isabela II Electric Cooperative, Inc. (ISELCO II)

© 2019 - Energy Regulatory Commission