Republic of the Philippines


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ERC Amends its Rules of Practice and Procedure

        The Energy Regulatory Commission (ERC) recently promulgated its Revised Rules of Practice and Procedure (RPP) that will govern the actions and proceedings before the agency.   The Revised RPP amended the 2006 original version of the RPP to include provisions enabling the Commission to adapt to the ‘New Normal’ environment.

        “The Revised Rules of Practice and Procedure or the Revised RPP responds to the requirements of the ‘New Normal’ setting. The new provisions on electronic filing and virtual hearings allow the ERC to continuously perform its mandate as we can remotely access and act on applications or complaints filed before our office, while protecting the health and safety of electric power stakeholders and that of our employees,” ERC Chairperson and CEO Agnes VST Devanadera averred.

        The   Revised   RPP   included   among   others,   new   Sections   specifically pertaining  to  the  following  subjects:    (1)  Electronic  Filing;  (2)  Prohibited Pleadings;  (3)  Transfer  of  Interest/Substitution;  (4)  Virtual  Hearings;  (5) Cancellation of the Notice of Hearing Due to Force Majeure or Declaration of Suspension  of  Government  Office;  (6)  Effect  of  Final  Determination;  (7) Postponements; (8) Additional Documents Required by the Commission; (9) Applications for Approval of Other Rate and Non-Rate Cases; (10) Submission of Complaints Electronically; (10) Public Consultation; and (11) Public Hearing.

        Prior to the Revised RPP’s promulgation, comments and inputs were gathered from electric power industry stakeholders through public consultations conducted in Luzon, Visayas, and Mindanao.

        The Revised RPP complements ERC Resolution No.  07,  Series  of  2020 entitled, “A Resolution for the Transitory Implementation of Legal e-Processes Pending  the  Adoption  of  the  Interim  Guidelines  Governing  Applications, Filings and Virtual Hearings before the Energy Regulatory Commission” issued on  17  August  2020, and  ERC  Resolution  No. 09, Series  of  2020 entitled, “A Resolution Adopting the Guidelines Governing Electronic Applications, Filing and Virtual Hearings before the Energy Regulatory Commission” issued on 22 October 2020.
        “The Revised RPP is among ERC’s adaptive measures for the new normal. It also considered and abides by the Supreme Court’s directive to implement an online filing system in order to limit the physical contact of both employees and concerned stakeholders, particularly at this time of the pandemic.”, ERC Chair Devanadera added.


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