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 16 - PRE-TRIAL CONFERENCE

Section 1. Policy. - The Commission encourages the use of pre-trial conferences as a means of making more effective use of hearing time and to otherwise aid in the disposition of the proceeding or the settlement thereof. Having the issues clearly delineated in advance of hearing and the ground rules for the conduct of the hearing well understood may be particularly beneficial in complex or multi-party proceedings. For applications or petitions filed with the Commission, the pre-trial conference may proceed immediately after the applicant or petitioner has submitted its compliance with the jurisdictional requirements.
 
Section 2. Matters to be Taken Up During Pre-Trial Conference. - The Commission may require that a pre-trial conference be held with the parties 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. Such matters may include:
 
(a) the necessity or desirability of having an expository hearing or consumer forum during which the applicant or petitioner will be required to make an informal presentation of the application or petition and to respond to public comments or requests for clarification from the consumers;
(b) the necessity or desirability of amendments to the pleadings;
(c) the possibility of obtaining admissions of fact and documents which will avoid unnecessary proof;
(d) limitations on the number of witnesses or time allocated to particular witnesses or issues at the hearings;
(e) procedures at the hearing and hearing schedule;
(f) the submission of written testimony and exhibits to be offered at the hearing and the marking thereof;
(g) the consideration of outstanding motions and petitions to intervene;
(h) agreements regarding service of documents; 
(i) the status of any settlement negotiations, if appropriate, and the possibility of submission to alternative modes of dispute resolution; and
(j) other matters as may aid in the prompt disposition of the proceeding.
 
Section 3. Pre-Trial Brief. - The Commission may require any one or all of the parties to a proceeding to file at least five (5) days before the date of initial hearing or date set for pre-trial conference a pre-trial brief containing, among others:
 
(a) a summary of admitted facts and proposed stipulation of facts;
(b) the issues to be tried or resolved;
(c) the documents or exhibits to be presented, stating the purpose thereof and proposed markings therefor; and
(d) the number and names of the witnesses, with their written testimony in affidavit form, if already available, to be attached to the pre-trial brief.
 
Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial conference.
 
Section 4. Appearance of Parties. - All parties or their duly authorized representatives shall attend the pre-trial conference fully prepared for a productive discussion of all matters and fully authorized to make commitments or take positions. Failure of any party to attend or be represented during the pre-trial conference without good cause shown shall constitute a waiver of any objection to any agreement reached or to any order or ruling made as a result of the conference.
 
Section 5. Pre-Trial Order. - Upon termination of the pre-trial conference, the Commission shall issue an order stating the matters taken up during the conference, the action taken thereon, the amendments allowed to the pleadings, and the agreements or admissions made by the parties as to any of the matters considered. The order shall control the subsequent course of the proceedings, unless modified by the Commission to prevent manifest injustice.

 

Today at ERC
Wednesday, September 20, 2017

Hearing Schedules
Time:
10:00
Case No.:
2017-064 CF [JU] [EX] [PT] [EV]
Applicant:
MASELCO
Venue:
ERC Hearing Room (15th Floor)
Title:
Application for Confirmation and Approval of Calculations of Over or Under Recoveries in the Implementation of Automatic Cost Adjustments and True Up Mechanisms Covering the Period 2014 to 2016, Pursuant to ERC Resolution No. 16, Series of 2009, As Amended by ERC Resolution No. 21, Series of 2010 and ERC Resolution No. 2013, Series of 2010
Time:
10:00
Case No.:
2015-223 RC [JU] [EX] [PT] [EV]
Applicant:
TRANSCO, DANECO & DLPC
Venue:
ERC Mindanao Field Office, Mintrade Bldg., Monteverde Avenue corner Sales Street, Davao City
Title:
Application for the Approval of the Sale of Various Sub-transmission Lines/Assets of the National Transmission Corporation (TRASCO) to the Consortium of Davao del Norte Electric Cooperative, Inc. (DANECO) and Davao Light and Power Company, Inc. (DLPC) as Covered by a Contract to Sell dated 06 March 2012
Time:
14:00
Case No.:
2017-054 CF [JU] [EX] [PT] [EV]
Applicant:
BATELEC II
Venue:
ERC Hearing Room (15th Floor)
Title:
Application for Confirmation and Approval of Calculations of Over or Under Recoveries in the Implementation of Automatic Cost Adjustments and True Up Mechanisms Covering the Period 2014 to 2016, Pursuant to ERC Resolution No. 16, Series of 2009, As Amended by ERC Resolution No. 21, Series of 2010 and ERC Resolution No. 23, Series of 2010
Time:
9:00
Case No.:
2017-042 RC [Pubcon]
Applicant:
PEMC
Venue:
Main Conference Room of Mindanao Development Authority Office, Old Airport Building, Old Airport Road, Km 9 Sasa, Davao City, 8000
Title:
Application for the Approval of the Price Determination Methodology for the Wholesale Electricity Spot Market (WESM)

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