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Republic of the Philippines P .J 0 ti n f .J
ENERGY REGULATORY COMMISSIO:~ w w '.'; ..er c.G~
San Miguel Ave., Pasig City \, e:::::'
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06
RESOLUTION NO. __ ' Series of 2014
A RESOLUTION ON THE WITHDRAWAL OF THE RULES ON
CUSTOMER SWITCHING AND THE RETENTION OF THE
CODE OF CONDUCT FOR COMPETITIVE RETAIL
MARKET PARTICIPANTS
WHEREAS, on 26 September 2007, the Energy Regulatory
Commission (ERC) approved the Rules on Customer Sw itching to
establish the standardized rules and procedures governing the
commercial transfer of Contestable Customers from one competitive
electricity supplier to another and to ensure the efficient and timely
exchange of information betw een and among competitive retail
market participants;
WHEREAS, on 7 J une 2006, the ERC approved Resolution 31,
Series of 2006 entitled "A Resolution Adopting the Code of Conduct
for Competitive Retail Market Participants" to establish the standards
of behavior for marketing electricity;
WHEREAS, on 9 J uly 2013, the Department of Energy (DOE)
issued Department Circular No. DC 2013- 07 - 0014 entitled
"Promulgating the Retail Market Manuals for the Implementation of
Retail Competition and Open Access and Providing for Transitory
Arrangements" prescribing, among others, the market transaction
procedures of the participants in the retail market;
WHEREAS, Department Circular No.' DC 2013- 07- 0014
contains certain provisions on matters covered by existing ERC Rules
and Regulations governing Retail Competition and Open Access
(RCOA), specifically the Rules on Customer Sw itching;
Resolution No. 06 , Series of 2014
Page 2 of 3
WHEREAS, to avoid inconsistency in the Rules separately
issued by the ERC and the DOE, the ERC posted in its website the
draft "Resolution Withdrawing the Rules for Customer Switching and
the Code of Conduct for Competitive Retail Market Participants" to
solicit comments thereon from concerned stakeholders;
WHEREAS, among the comments submitted to the ERC is the
need to maintain the Code of Conduct for Competitive Retail Market
Participants and the provisions on the establishment of customer
information and reportorial requirements under the Rules on
Customer Switching; and for this purpose, should the said Rules be
withdrawn; there is a need to issue another Resolution adopting such
provISions.
NOW THEREFORE, pursuant to its mandate to promote
competition and protect customer interests, the ERC hereby
RESOLVES to WITHDRAW the Rules on Customer Switching and
RETAIN the Code of Conduct for the Competitive Retail Market
Participants. The ERC further RESOLVES to adopt the "Resolution
Adopting the Rules on the Establishment of Customer Information by
the Central Registration Body (CRB) and Reportorial Requirements
Imposed On If', which is attached as Annex "A" and made an integral
part hereof.
Let copies of this Resolution be furnished all parties concerned
and the University of the Philippines Law Center - Office of the
National Administrative Register (UPLC-ONAR), all the licensed
Retail Electricity Suppliers, distribution utilities, Department of Energy
and the Central Registration Body.
Resolution No. ~, Series of 2014
Page 3 of 3
This Resolution shall take effect immediately following its
publication in a newspaper of general circulation.
Pasig City, 31 March 2014.
~h /TI(~
NAIDA G. CRUZ-DUCUT
Chairperson ,L_l~)
I
AL~:NON
Commissioner
~/r~Qt-
G~bRIA ~6TORIA CcJYAP-TARUC
. Commissioner
JOSEFINA PATR I A. MAG PALE- ASIRIT
C mmissioner
ANNEX "A"
Republic of the Philippines
ENERGY REGULATORY COMMISSION
San Miguel Ave., Pasig City
05
RESOLUTION NO. __ .,Series of 2014
A RESOLUTION ADOPTING THE RULES ON THE
ESTABLISHMENT OF CUSTOMER INFORMATION BY THE
CENTRAL REGISTRATION BODY (CRB) AND REPORTORIAL
REQUIREMENTS IMPOSED ON IT
WHEREAS, on 31 March 2014, the Energy Regulatory
Commission (ERC) nullified the Rules on Customer Switching
approved on 26 September 2007 in view of the Department of Energy
(DOE) Circulars DC 2013-07-0013 entitled "Providing Supplemental
Policies to Empower the Contestable Customers under the Regime of
Retail Competition and Open Access and Ensure Greater
Competition in the Generation and Supply Sectors of the Philippine
Electric Power Industry" and DC 2013-07-0014 entitled "Promulgating
the Retail Market Manuals for the Implementation of Retail
Competition and Open Access and Providing for Transitory
Arrangements";
WHEREAS, certain prOVISions of the Rules on Customer
Switching, specifically on the Establishment of Customer Information
by the Central Registration Body (CRB) under Section 1, Article II and
the Reportorial Requirements of Article VII of the said Rules, are not
covered by Department Circulars issued by the DOE;
WHEREAS, the ERC needs to gather data to form the basis for
certifying contestable customers as provided under Section 4.3 of the
Rules for Contestability and likewise for monitoring and evaluating the
progress of retail competition;
r~esoilition 1\10. _ 05 , Series of 20 '14
Page 2 of 4
NOW THEREFORE, pursuant to its mandate to prornote
cornpetition and protect customer interests, the ERe hereby
RESOLVES, t o ADOPT the followin~J "Rules on the Establishment of
Customer Information by the Central Registration Body (CI~B) and
the Reportorial Requirements Imposed on iL"
Art i cl e I
Provi si on on Cust omer Informat i on
Sect i on 1. Est abl i shment of Cust omer Informat i on by t he
eRB
1.., On or before 15 January 2008, all OUs in Luzon and
TransColWMSP (for clirectly-connected customers in
Luzon) shall submit to the ERe and CRB, information on
End-users with, 1) monthly average peak demand of at
least one megawatt (1 MlIV) for the preceding twelve (12)
months; and 2) monthly average peal< demand of seven
lumelree! fifty kilowatts (750 I<lN) but not greater than nine
hundred ninety nine kilowatts (999 kW), whicll include
the following:
a. Customer lIame;
b. Billing and selvice addresses;
c. Customer's account numbe/~'
cI . Meter numbe/:'
e. Meter type (intelval mete/~ etc.),'
f Meter reading date or cycle and repol1ing period;
g. Bil/ing period and payment due date;
h. Standardizeel customer classification approved and
promulgated by the ERC;
I. TIle most recent twelve (12) months of historical
usage, i. e. monthly registered peak demand (in IdN)
and monthly total registered energy consumption (ill
kWh), and
J. Customer information such as telephone nurnbers anct
e-mail addresses, subject to agreement on
confidentiality.
All OUs in Luzon all(! TransColWMSP (for directly connected
customers in Luzon) shall submit an update of the above data
to the ERC and eRB every fifteenth (15/
11
) day of the
subsequent months without need of fLllther notice.
All OUs ill Visayas and Miclanao shal/ submit the abovesaicJ
information within one (1) month flOm declaratioll of Open
Resolution [\10. ~~_, Series of 20"14
Page 3 of 4
Access Date in tlleir respective regIons, or as oillervlIise
directecllJy the ERG.
Failure of any OU or TransGo/INMSP to submit accurate
information and comply \lviththe above requirernents shall IJe
subject to the appropriate ERG fines ancl penalties.
Ar t i c l H /I
Repor t or i al Hequi r el 11ent s
r - f The CRB shall submit the following information to the
ERC:
a. Number ancJ names of Contestable CustomelS
served by each F<.ESor Local RES;
b. Nurnber of Contestable Customers that switched,
solted by OU franchise area;
c. Percent (%) increase in Switching per OU
fi"anchise area;
cI. Number of Switch F-.?equests received per DU
franchise area;
e. Number of Switch Requests approved per OU
franchise area' ,
f. Number of Sttl1itch Requests rejected per OU
franchise area, and reasons for rejection;
g. Average Swi~ching time (no. of hours or clays
from receipt of Switch Request to clate Switching
took effectX ancl
h. Maximum and minimum Switching time.
1.2 The CRB shall submit a regular update of the above
data to the ERC evelY 15
1 1 1
day of the following
month.
Let copies of this Resolution be furnished all parties concerned
and the University of the f:>hilippines Law Center ..- Office of the
National Administrative r~egister (UF'LC-Of\J AR), all the licensed
Retail Electricity Suppliers, distribution utilities and tile Central
Registration Body.
Resolution No. ~, Series of 20'14
Page 4 of 4
This Resolution shall take effect immediately following its
publication i n a newspaper of general circulation.
Pasi g Ci ty, March 31, 20'14.
AL.FREDO J. NON
Commissioner
/ C (1'01 ~ .-"
.~t.-vcJ) / 1 {~.(A5Z"
ENAIDA 6 . CRUZ-DUCUT
Chairperson -f I - - '
I'
ct._ , -/[ X ~_ v-.' r p /L
GLpRIA VICTORIA ~'. YAP-TARUC
Commissioner
c/ ~A~}
JOSEFINA PATRI 4\ A. MAGPALE- ASIRIT
C nmissioner