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 21 - RULE-MAKING

Section 1. Initiation of Rule-making. - The process of adopting a new rule or amending or repealing an existing rule may be initiated by the Commission or by interested persons upon a petition for the issuance, amendment, or repeal of any rule.
 
Section 2. Petition to Initiate Rule-making. - Interested persons may petition the Commission to adopt, amend, or repeal a rule by filing a petition to initiate rule-making. The petition must contain the name and address of the petitioner, the specific rule or action requested, the reasons for the rule or action requested, and facts showing that the petitioner has a substantial interest in the rule or action requested. 
 
The Commission shall either deny the petition, stating its reasons in writing, or will grant the petition by initiating rule-making and issuing a Notice of Proposed Rule-making.
 
Section 3. Notice of Rule-making. - The Commission shall give Notice of Proposed Rule-making and cause the proposed rule to be published on its Website. Depending on the nature or subject matter of the proposed rule, the Commission may also cause the publication thereof in newspapers of general circulation and send copies thereof to affected parties. For proposed rules that involve the fixing or setting rates and charges, the notice shall be published in a newspaper of general circulation at least two (2) weeks before the scheduled hearing thereon.
 
The Notice shall set any written comment period, the manner these comments will be received by the Commission, and will specify the time, date, and place of any public hearing thereon.
 
Section 4. Rule-making Proceedings. - Before finalizing language of a proposed new rule or an amendment to, or repeal of, an existing rule, the Commission shall receive public input through written comments and/or oral submissions. The Commission shall designate in its Notice the format and timing of public comment.
 
Any public hearing shall provide affected persons and other members of the public a reasonable opportunity for presentation of evidence, arguments, and oral statements within reasonable conditions and limitations imposed by the Commission to avoid duplication, irrelevant comments, unnecessary delay, or disruption of the proceedings. For this purpose, the procedure set forth in Rule 19 shall be applied insofar as it is applicable.
 
The Chair, any Commissioner, or any person designated by the Commission may preside at the public hearing. The Commission shall ensure that the Commission staff responsible for preparing the proposed rule or amendment are available, and shall notify interested parties who petitioned for the institution of rule-making proceedings to be present, for them to explain the proposal and to respond to questions or comments regarding the proposed rule.
 
The Commission shall preserve the comments made at the public hearing by a stenographer or by recording instruments.
 
Any person may submit written statements within the specified period of time. All timely, written statements shall be considered by the Commission and shall be made a part of the record of the rule-making proceeding.
 
Section 5. Resolution to Adopt a Rule. - Before acting on a proposed rule, the Commission will consider all of the written submissions and/or oral submissions and evidences received in the rule-making proceeding or any memorandum summarizing such submissions. The Commission will use its own experience, specialized knowledge, and judgment in the adoption of a rule. The rule adopted by resolution of the Commission shall not be the subject of a motion for reconsideration under Rule 23 and one who is adversely affected by said rule may petition the Commission to initiate rule-making under Section 2.
 
Section 6. Issuance and Publication. - After the approval and issuance of the rule, the Commission shall cause its publication in a newspaper of general circulation or the Official Gazette and shall file a certified copy thereof with the Office of the National Administrative Register (ONAR) at the University of the Philippines (UP) Law Center. The Commission shall also post the same on its Website.
 
Section 7. Effectivity of Rules. - Unless otherwise provided therein, rules issued by the Commission shall become effective fifteen (15) days after its publication in a newspaper of general circulation or the Official Gazette., whichever comes earlier.

 


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