Republic of the Philippines


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Notice - Draft Determination TEI [Archive-73]

On June 19, 2009, Tarlac Electric, Incorporated (TEI) filed an application for approval of its Annual Revenue Requirement (ARR) and Performance Incentive Scheme (PIS) for the Second Regulatory Period commencing on July 1, 2010 and terminating on June 30, 2014 in accordance with the provisions of the Rules for Setting Distribution Wheeling Rates (RDWR).

Having found said application sufficient in form and substance, the Commission set the same for jurisdictional hearing, expository presentation and pre-trial conference on July 24, 2009 and evidentiary hearing on August 18, 2009.   Said public hearings were scheduled with the end view of reaching out to as many stakeholders as possible, including consumers, who would be affected by the resolution of the application.
During the public hearings, TEI presented several witnesses, who testified in support of its application.

In accordance with the RDWR and the Regulatory Reset Position Paper, the Commission shall issue a Draft Determination not later than November 20, 2009.  Said Draft Determination embodies the Commission’s preliminary position on the price control arrangements that should apply to the Second Regulatory Period and describes its initial evaluation of TEI’s proposals in the instant application, as well as the evidence presented in support thereof during the public hearings up to the date of this issuance. 

It is important to note that the Draft Determination is not a final decision.  This will only provide an opportunity for interested parties to comment and discuss the Commission’s evaluation during the public consultations and/or hearings to be held for that purpose, prior to the final determination.  The final determination will be issued by the Commission after the termination of the presentation of evidence by all the parties (both documentary and testimonial) during the public consultations and/or hearings and only after it has conducted a complete evaluation thereof.

The Draft Determination may be downloaded from the Commission’s official website at  or may be photocopied at cost during the usual office hours from the ERC Docket Section at the 22nd Floor, Pacific Center Building, San Miguel Avenue, Pasig City.  Relative thereto, the Draft Determination is hereby set for public consultation onJanuary 26, 2010 (Tuesday) at nine o’clock in the morning (9:00 A.M.) at the Audio-Visual Room, Engineering Department, Tarlac State University, Tarlac City.

Interested parties are hereby given until January 8, 2010 (Friday) to submit their written comments on the Draft Determination (both hard and soft copies) to the aforementioned address (soft copies may be sent to The Commission encourages submission of said comments in its preferred format hereto attached asAnnex “A”.  On the other hand, those who may wish to have a copy of the Draft Determination may request TEI, prior to the date of the initial hearing, that they be furnished with a copy thereof.  TEI is hereby directed to furnish all those making such requests with copies of the Draft Determination, subject to reimbursement of reasonable photocopying costs.  Any party may examine the Draft Determination and other pertinent records filed with the Commission during the usual office hours.

Finally, TEI is hereby directed to:

  1. Post a copy of this Notice in: a) its Main Office; b) Branch Office/s; and c) at least three (3) conspicuous places within its franchise area;
  2. Publish this Notice in at least one (1) newspaper of general circulation, immediately upon receipt thereof; and
  3. Undertake other possible means of disseminating information to the public relative to the above Draft Determination.


Date Published: 11/25/2009


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