Republic of the Philippines
ENERGY REGULATORY COMMISSIO!
San Miguel Avenue, Pasig City
IN THE MATTER OF THE
APPLICATION FOR
APPROVAL OF THE POWER
SUPPLY AGREEMENT (PSA)
BETWEEN CAGAYAN
ELECTRIC POWER AND
LIGHT COMPANY,
INCOPORATED (CEPALCO)
AND KIRAHON TWO SOLAR
ENERGY CORPORATION
(KTEC),. WITH PRAYER FOR
THE ISSUANCE OF
PROVISIONAL AUTHORITY
CAGAYAN ELECTRIC
POWER AND LIGHT
COMPANY, INCOPORATED
(CEPALCO) AND KIRAHON
TWO ENERGY
CORPORATION (KTEC),
Applicants.
ERC CASE NO. 2015-152 RC
ORDER
On 11 August 2015, Cagayan Electric Power and Light Company,
Incorporated (CEPALCO) and Kirahon Two Energy Corporation
(KTEC) filed an application for approval of their Power Supply
Agreement (PSA), with prayer for the issuance of provisional
authority.
In support of their prayer for the issuance of a provisional
authority, CEPALCO and KTEC alleged the following:
1. The basis for their prayer for the issuance of a provisional
authority or interim relief prior to the final Decision is
Rule 14 of the ERC Rules of Practice and Procedure, to
wt 4ERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 2 of 17
“Section 3. Action on the Motion.
- Motions for provisional authority or
interim relief may be acted upon with or
without hearing. The Commission shall act on
the motion on the basis of the allegations of
the application or petition and supporting
documents and other evidences that
applicant or petitioner has submitted and the
comments or opposition filed by any
interested person, if there be any.” [Emphasis
ours];
2. At present, due to limited supply of electricity available to
CEPALCO while the demand of its customers increases
yearly, there is a necessity to secure additional supply
through a bilateral contract, such as the subject PSA,
following the National Power Corporation (NPC)-Power
Sector Assets and Liabilities Management Corporation’s
(PSALM) confirmation that they have no available
capacity to satisfy its peak load requirement in 2015 and
base load requirement starting 2016 and onwards";
3. However, while the PSA entered into by CEPALCO with
KTEC will enable the former to address its power needs,
particularly, its peak requirements, the same shall only
become effective upon the date of Financial Close,
consistent with Section 4.17 of the said PSA;
4. The banks/financial institutions that will provide a large
portion of the funds to cover the capital costs of KTEC’s
10 MW AC Kirahon Solar Power Project Phase Two,
require at least the Commission’s provisional approval of
the PSA, among other conditions precedent to Financial
Closing. Hence, a provisional authority from the
Commission is imperative for the PSA to take effect;
5. Further, other than marking the effectivity of the PSA, a
timely Financial Close would also ensure uninterrupted
project construction since seventy percent (70%) of
KTEC’s capital costs will be funded by loans from said
banks/financial institution. The continuous financing
and construction of the project will, in turn, ensure that
KTEC can achieve its target commercial operations date
1 Annex “H” of the application YERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 3 of 17
by 2016, to the benefit of CEPALCO’s customers in terms
of sufficient and reliable power supply; and
6. In view thereof, and in recognition of the fact that a
substantial amount of time is customarily needed to
evaluate the documents submitted to support the
approval of the application, they seek the kind
consideration of the Commission to approve the
application, immediately, albeit, provisionally, at the
soonest opportune time.
In the same application, CEPALCO and KTEC prayed that: a)
pending hearing on the merits, a provisional authority be duly issued
authorizing the immediate implementation of the subject PSA,
including the rate structure therein, as applied; b) after due notice
and hearing, the application, the PSA and the rate structure contained
therein be duly approved; and c) in the event a final authority is
issued after KTEC starts actual delivery of power to CEPALCO under
the terms of the subject PSA, said final authority be retroactively
applied to the date of such actual delivery.
Relative to the prayer for a provisional authority, the
Commission initially reviewed the application, as follows:
1. Parties to the PSA
CEPALCO is a privately-owned electric distribution utility, with
principal office address at Masterson Avenue, Upper Balulang,
Cagayan de Oro City. It operates a legislative franchise to maintain
an electric distribution system in the City of Cagayan de Oro and the
Municipalities of Tagoloan, Villanueva, and Jasaan, all in the
Province of Misamis Oriental.
KTEC is a domestic corporation with office address at Minergy
Business Park, PHIVIDEC Industrial Estate, Iligan-Cagayan de Oro-
Butuan Road, Sitio Kirahon, Barangay San Martin, Villanueva,
Misamis Oriental. It is engaged in the business of developing
renewable energy resources such as solar photovoltaic power, and in
the construction and operation of solar-electric generating 7ERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 4 of 17
2. Executive Summary of the Project
Project Name
Project Location
Generating Technology
Gross Installed Capacity
Net Installed Capacity
Commercial Operation Date
Solar Specific Production
Gross Capacity Factor
Annual Energy Production
Annual Energy Degradation
Land Area
Interconnection
3. Salient Features of the PSA
Kirahon Two Solar Project
Villanueva, Misamis Oriental
Solar Photovoltaic (PV)
12.5 MWde
10.0 MWac
30 June 2016
1,418 kWh/kw DC
16.23%
17,777 MWh
0.75%/year
15 hectares
CEPALCO’s 69 kV substation
through Kirahon 69 kV
Switchyard at Kirahonhon,
Villanueva, Misamis Oriental
Bel
Plant Description. KTEC shall finance, develop,
construct, test, commission, own, operate and maintain a
Solar Photovoltaic (PV) Electric Power Generation Facility
with 10 MW AC net installed capacity or a gross installed
capacity of 12.5 MW DC, located within the franchise area
of CEPALCO, particularly, in Villanueva, Misamis
Oriental;
Cooperation Period. CEPALCO shall receive from
KTEC and the latter shall deliver to the former, electricity
for a term of twenty-five (25) years beginning on the CyERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 5 of 17
3-3
34
35
37
3.8
of Commercial Operations, expected to be on 30 June
2016;
The Parties may, by mutual consent, renew the PSA based
on prevailing power needs, renewals or replacements of
the plant facilities. Further, the PSA shall become
effective only upon the date of Financial Close pursuant to
Section 4.17 of the PSA;
Energy Delivery. KTEC guarantees to deliver
18,000,000 kWh of electricity to CEPALCO for the first
year of operations, while for each year thereafter, it
guarantees to deliver ninety-nine percent (99%) of the
energy for the previous year, pursuant to Section 2.02 of.
the PSA;
KTEC guarantees that during any twelve (12)-month
period, in no event shall it deliver less than seventy-five
percent (75%) of the Expected Energy Amount for the said
twelve (12)-month period (Guaranteed Energy), as
specified in Schedule 6 of the PSA;
Contract Price. For electricity drawn by CEPALCO,
KTEC shall charge a rate of PhP8.75/kWh, subject to
adjustment every twelve (12) months from
commencement of operations, according to the Feed-in
Tariff (FIT) Rules;
Prompt Payment Discount (PPD). KTEC shall give
CEPALCO a PPD of one percent (1%) for bills paid on or
before the due date;
Must-Take as Available Plant/Declared Capacity.
They agree that the Plant is a Must-Take as Available
Plant, hence, has no minimum off-take. Accordingly,
KTEC shall not be obligated to ensure the dependable
availability of the Declared Capacity per month;
Interconnection to CEPALCO’s Distribution Grid.
The cost of the interconnection to CEPALCO grid shall be
for the account of KTEC. The Plant will be connected to
the 69 kV sub-transmission system of CEPALCO through
Kirahon 69 kV Switchyard at Kirahon, Villanueva,
Misamis Oriental; “yeERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 6 of 17
3.9 Allowed Downtime. KTEC is allowed a total of fifteen
(15) days per year as Allowed Downtime to conduct the
necessary Scheduled Maintenance and for Unscheduled
Maintenance on its Plant. Unspent Allowed Downtime
shall be carried-over, provided that, it is not more than
ten (10) days per year and not more than fifteen (15)
accumulated days; and
3-10 Expansion. They may, by mutual consent, increase the
net installed generating capacity of the Plant up to a
maximum of 20.0 MW AC, provided that, the Energy Fee
for such additional capacity shall not exceed the
Commission-approved Energy Fee in the PSA. The
contract term for any such additional capacity shall be for
a period of twenty-five (25) years from the start of
commercial operations.
4. CEPALCO’s Procurement Process
At present, CEPALCO’s peaking power requirements are being
supplied by Mindanao Energy Systems, Incorporated’s (MINERGY)
bunker-fed power plants. To accommodate its additional peaking
power requirements, it also executed several PSAs with other
suppliers, the generating facilities of which run either on bunker-C or
diesel fuel.
Considering the high generation cost of diesel power plants,
CEPALCO is looking for means to mitigate the cost by limiting its
daily operations to the extent possible. One mitigating measure
identified is to displace some generation of diesel power plants,
particularly, during day-time peak, with a cheaper supply from solar
PV power plants.
Aside from KTEC, CEPALCO also received offers from other
solar PV developers. The total capacity from these solar PV plants is
enough to displace the day-time generation of CEPALCO’s peaking
suppliers.
CEPALCO believes that the displacement of day-time power
supply from diesel plants will be advantageous to its customers in
terms of lower generation rate. KTEC’s affiliate, Kirahon Solar
Energy Corporation (KSEC), has an on-going construction of a 10
MW Solar PV which is expected to start its commercial operations in
GERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 7 of 17
October 2015. From this, CEPALCO is confident that KTEC, which
shares the same parent company with KSEC (Solar Pacific Energy
Corporation), can deliver the needed capacity in June 2016 as
demonstrated by the parent company’s profile and experience in
completing projects within CEPALCO’s distribution system.
It bears stressing that KTEC’s Solar PV plant will be embedded
in CEPALCO’s distribution system. This will result in the elimination
of the power delivery service cost of the National Grid Corporation of
the Philippines (NGCP). As such, its generation charge will be
competitive compared to other possible suppliers.
‘Thus, on 26 June 2015, after due evaluation and deliberation of
KTEC’s offer, CEPALCO and KTEC executed a PSA subject of this
application.
5. CEPALCO’s Supply-Demand Scenario
Based on historical data, CEPALCO’s energy demand grows at
an average of five percent (5%) per year. Starting 2015, it projects a
substantial addition to its demand requirement due to a number of
commercial and industrial customers who applied for service
connection.
By 2016, CEPALCO projects that, given its existing supply, it
will be able to satisfy only eighty-five percent (85%)? of its peak
demand. The table below shows CEPALCO’s annual historical and
forecasted supply-demand scenario:
pee Historical Forecasted
Ea 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 |
PealcDemand, | 148 | 154 | 186.5|226.4| 319.4 | 345.8 | 365.5| 385.6
Suppliers (Firm): | de sete fe :
1. NPC/PSALM | 131.5| 138.9| 114.0 2.0| - pe eee
2. MINERGY !
Diesel 35:3) 353) 353) 353) = | 7 | :
3. MINERGY ae : = {
Power Corp. | 150.0 150.0] 150.0| 350.0
4. Cabulig Hydro | 8.0) 8.0) 8.0 8.0] 8.0] 8.0] 8.0] 16.0
5. Bubunawan | 1 |
Power Corp. 707.0, 7-0) 7-0) 7.0) 7.0) 7.0) 7.0)
2 Assuming without supply from 7ERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 8 of 17
. Pteaed Tel elt ete) te) ce aeleane
da ee Coulee . 20.0/ 20.0] 20.0] 20.0] 20.0
Ge da 20.0| 20.0} 20.0
Energy Corp. i = a 7 2 i i :
9. Western |
Mindanao a - - 30.0] 30.0] - Eee aee
_Power Corp.
10. Modular
fice Getierator Getic tute) eammcea ec aenae:| eennesee | ete at ‘
| 41. KSEC : : 10.0} 10.0] 10.0] 10.0] 10.0| 10.0
12. KTEC = : - 10.0] 10.0, 10.0] 10.0| 10.0
Gane 183} 191) 185.9| 203.9/246.6| 226.6| 226.6) 234.6
- i
leper nee a [224% 124%| 100%| 90%| 77%| 66%| 62%| 61%
Meanwhile, the NPC-PSALM confirmed in its letter dated 20
August 2014 that it has no additional capacity to provide for
CEPALCO’s increased energy requirements on top of its existing
contracted demand under its Contract for the Supply of Electric
Energy (CSEE), which expired on 25 March 2015.
Thus, there is an urgent need for CEPALCO to enter into a new
PSA for its peak power requirements starting year 2016.
6. Evaluation of the Proposed Rate
Under the PSA, the proposed rate of PhP8.75/kWh is subject
to adjustment in accordance with the FIT for the solar technology.
CEPALCO and KTEC alleged that the same was calculated using a
cost-basis methodology taking into account the upfront capital costs,
operating expenses and energy production forecast.
In determining the reasonableness of the said proposed rate,
the Commission made reference to the approved rates and
parameters in ERC Case Nos. 2014-020 RC3 and 2014-004 RM4.
3 In the Matter of the Application for Approval of the Power Supply Agreement
(PSA) Between Cagayan Electric Power and Light Company Inc.(CEPALCO)
and Kirahon Solar Energy Corporation (KSEC), with Prayer for Provisional
Authority
+ In the Matter of the Adoption of the Amendments to Resolution No.10, Series of
2012, A Resolution Approving the Feed-In-Tariff (FIT) Rates, as Necessitated iERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 9 of 17
Shown below is a comparison between and among KTEC’s
proposed cost components vis-a-vis the Commission’s approved
KSEC and FIT for solar power plants’ cost components:
FIT for
KTEC’s KSEC’s
Parameters Proposed Approved ae
Total Project Cost_| US$1,967/kW | US$1,963/kW | US$1,958/kW_
Gross Capacity
pa 16.23% 17.60% 15.21%
Net Capacity %
Factor 20.29% 22% 18.50%
ity IRR -—
Aes 13.84% 16.44% 13.87%
Pre-tax WACC 9.62% 10.40% 9.20%
Rate, PhP/kWh 8.75 8.75 8.69
Based on the foregoing comparison, the parameters adopted by
KTEC in computing its proposed rate are reasonable since these are
within the level of the recently approved rates for PV power plants in
the Philippines.
6.1 Project and Operating Costs
The Project Cost includes upfront capital costs as well as
costs during project operations.
In addition to Equipment,
Procurement, and Construction (EPC) cost, KTEC identified the
cost of land acquisition, financing costs, initial working capital
requirements, development costs, technical advisory services,
contingency, and taxes as part of the Project Cost.
KTEC proposed a total project cost of PhP1.106 Billion. It
assumed that the facility is seventy percent (70%) financed
through loan and thirty percent (30%) financed through equity.
The table below provides for the cost components of the
solar power facility:
Capital Cost USD 000 | PhP coo
EPC, Land Purchase and Development Cost 20,729| _ 932,794
Department of Energy (DOE)
by the New Installation Target for Solar Energy Generation Set by eeERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 10 of 17
Switchyard and Transformer 773 34,763
Transmission Line 10 464
Construction Contingency 2,151 96,802
Value-Added Tax (VAT) ~ ~
Financing Costs 922 41,510
Total Cost 24,585 | 1,106,332
Note : PhP45.00 : US$1.00 Exchange Rate
For purposes of issuing a provisional authority, the
Commission evaluated the Project Cost based on the documents
submitted by CEPALCO and KTEC as well as benchmarking the
same to the capital cost used in the recently approved
applications with power plants of similar technology. Actual
cost valuation is not applicable at this time due to lack of
historical data since the power plant is yet to be constructed.
The Commission believes that benchmarking is a
sufficient basis to initially establish the reasonableness of the
rate. It is considered as an appropriate basis to rule out any
excess in the proposed cost since it provides a reasonable level
or degree of measurement of reasonability as that of actual
valuation.
Shown below is a comparison between and among KTEC’s
proposed vis-a-vis the Commission’s approved KSEC and FIT
for solar power plants’ Project Costs:
FIT for
: KTEC’s | KSEC’s
Particular Solar Power
Proposed | Approved | S°Rr re"
Total Project Cost,
uss/kWwe | 967 1,963 1,958
Based on the foregoing comparison, KTEC’s proposed
Project Cost is reasonable since the same is within the level
among the recently approved project costs for PV power plants
in the Philippines.
Likewise, solar projects incur significant operating costs.
These include scheduled operations and maintenance (O&M),
refurbishment of major equipment, particularly inverters
stations which are typically replaced on the 10" year, recnce 7ERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 11 of 17
costs, lender and owner's technical advisor costs during
operations, and general and administrative costs, broken down.
as follows:
Operating Costs USD 000 PhP ooo
Operations and Maintenance 265 11,925 |
Insurance Costs 110 4,950
General and Administrative (G&A) 5 3375
Lender’s. Technical Advisor and
Owner's Technical Advisor 75 3375
Total 525 23,625 |
Refurbishment (Inverters, Panels) 2,000 90,000
Year 10
Note : _ PhP45.00 : US$1.00 Exchange Rate
The Commission verified that the foregoing operating
costs assumed by KTEC are exactly the same with that of the
approved operating costs for KSEC’s PV Solar Project.
KTEC further averred that these costs are based on O&M
bid proposals from its service providers, principals’ experience,
and market data. In calculating the PSA base tariff, these
operational costs were considered as follows:
Cost Components USD % Total
Capital Costs: 24,585 62%
O&M Costs (25 years nominal) +
Refurbishment 15,125 38%
Total 39,710 100%
6.2 Energy Production
In order to determine the expected revenue stream, KTEC
calculated how much energy would be produced by the Solar
Project. It is worth mentioning that KTEC used the same
assumption proposed by KSEC in ERC Case No. 2014-020 RC.
It can be recalled that KSEC engaged a third-party
independent engineer, Snowy Owl Energy, Inc., to conduct a
detailed solar energy analysis. The analysis was based on site-
specific data, and utilized the ten (10) years of onsite solar
irradiation data collected at the CEPALCO 1 MW Indahag ifERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 12 of 17
Plant, located very near the Kirahon Solar project site, from
2004-2014.
Based on the foregoing, KTEC provided the following
analysis:
Gross Installed Capacity DC (MW) 12.5
Net Installed Capacity AC (MW) 10.0
Gross Capacity Factor before losses 16.30%
Allowance for Losses and Own Use 0.40%
Gross Capacity Factor after losses 16.23%
‘Net Capacity Factor after losses 20.29%
No. of hours in a year (24 hrs. x 365 days) 8,760
Annual Energy Production (MWh in 1* year) 17,777.
Note:
Gross Capacity Factor = 17,777 MWh / (12.50 MW x 8,760 hrs.) = 16.23%
‘Net Capacity Factor = 17,777 MWh / (10 MW x 8,760 hrs.) = 20.20%
Annual Energy Production = 10 MW x 20.29% x 8,760 hrs. = 17.777 MWh
As can be gleaned from the above data, the annual energy
production of 17,777,106 kWh was calculated based on a 10 MW
net installed solar project. Further, KTEC’s assumed net
capacity factor of 20.29% is considerably higher than the
Commission’s newly approved net capacity factor of 18.50% for
FIT for solar technology.
6.3 Weighted Average Cost of Capital (WACC)
KTEC submitted a pre-tax WACC of 9.62% which is based
on a cost of debt of 7.5% and a cost of equity of 13.84%,
computed as follows:
WACC = [re x E/V] + [ra x D/V]
Where:
Te = the cost of equity
Ta = thecost of debt
E = the amount of equity funding equivalent to
thirty percent (30%) “ifERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 13 of 17
D = _ the amount of debt funding equivalent to
seventy percent (70%)
v = E+D
KTEC assumed a 7.5% cost of debt based on CEPALCO’s
approved PSA with KSEC. On the other hand, KTEC proposed a
cost of equity of 13.84% as a result of its simulated discounted
cash flow.
Summarized below is KTEC’s calculated WACC using the
aforementioned parameters:
Particulars |_KTEC’s Calculation
Debt Element: _
Pre-tax Cost of Debt ______ 750%
Post-tax Cost of Debt 125%
Weight of Debt 0%
4.99%
Equity Element:
Cost of equity 13.84% |
Weight of Equity 30% |
4.15% |
Post-tax WACC 9.14%
Pre-tax WACC 9.62%
7. Commission’s Provisional Approval
The issuance of a Provisional Authority would allow KTEC to
obtain the needed funds to immediately commence the
construction and installation of the 1 MWAC PV Solar Project and
to achieve the target commercial operation date as provided under
the PSA.
The Commission made a rate comparison between the rate
proposed by KTEC as against the rates approved by the
Commission under KSEC-CEPALCO case, Liberty Solar Energy
Corporation (LSEC)-CEPALCO case’, and Feed-in-Tariff (FIT) for
solar technology, to wit:
5 ERC Case No. 2015-151 RC entitled “In the Matter of the Application for Approval of the
Power Supply Agreement (PSA) Between Cagayan Electric Power and Light Company, Ir
(CEPALCO) and Liberty Solar Energy Corporation (SEC), with Prayer for the Issuance
Provisional Authority”ERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 14 of 17
aS ; Commission's
Particulars | KTECs, Caparo LSEC- | approved FIT rate
Bree CEPALCO | for Solar Plant
Rate, PhP/KWh 8.75 8.75 8.50 8.69
It can be deduced from the above comparison, that the rate
proposed by KTEC under the PSA as well as the parameters
previously discussed, may be considered acceptable.
Given the urgency of the issuance of Provisional Authority on
the subject application, the Commission adopted the PSA rate
provisionally approved for LSEC-CEPALCO case equivalent to
PhP8.50/kWh docketed under ERC Case No. 2015-151 RC.
Shown below is a comparison between and among KTEC’s
proposed rate, the Commission’s approved PSA rate for KSEC and
LSEC cases, FIT for solar power plants, and Commission's
provisionally approved rate for KTEC:
KTEC’s | KSEC- | LSEC- cooreealFit Commnienon
Particulars | proposal | CEPALCO | CEPALCO | rate for Solar | PS4 rate for
KTEC
Plant
Rate,
PRP/AWh 8.75 8.75 8.50 8.69 8.50
The foregoing comparison illustrates that the rate
provisionally granted for KTEC is within the level of the rates
approved by the Commission for similar technology.
8. Rate Impact
In order to determine the impact of the implementation of the
PSA on CEPALCO’s generation costs, an analysis was conducted
taking into consideration comparable alternative sources of supply.
CEPALCO and KTEC simulated the rate impact of the PSA, as follows:
Without KTEC | _ ‘With KTEC Rate
Suppliers Cost, Cost, Impact,
i MWh | pipooo | PhP/kWh | MWh | prpogo | PAP/EWh | prpykwh
Existing 95,634 | 512,007 | 5.3538 | 94.358| 499,889] 5.2978
| Suppliers apa
KTEC = = - 1,276 | _ 10,846 | 8.5000
Total 95,634 | 512,00" 5.3538 _| 95,634
510,735 | 5-3405 TaeERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 15 of 17
The main assumptions are as follows:
a. The generation costs, excluding fuel, of existing suppliers
were based on actual, as-billed, cost for June 2015 billing
period;
‘b. The fuel costs are based on the forecasted price as of 2016 of
Bunker-C Fuel at PhP25.80/liter and Lube Oil at
PhP153.81/liter; and
c. The Peso to US$ Exchange rate at Ph45.00.
Further, KTEC’s 10 MW AC Kirahon Solar Power Project Phase
Two will be embedded in the distribution system of CEPALCO,
thereby eliminating any additional power delivery service cost
imposed by the NGCP. KTEC’s grant of a PPD under the provisions of
the PSA will also redound to the benefit of CEPALCO’s customers.
The Commission has a mandate to protect the interest of the
electricity consumers insofar as they are affected by the rates, by
ensuring that the tariffs imposed are consistent with the principle of
full recovery of prudent and reasonable costs.
An initial evaluation of the application discloses that the PSA
entered into by and between CEPALCO and KTEC will redound to the
benefit of CEPALCO’s customers in terms of reliable, continuous, and
efficient supply of power within its franchise area at reasonable costs
as mandated by paragraph (b), Section 2, Chapter 1 of Republic Act
No. 9136 otherwise known as the Electric Power Industry Reform Act
of 2001 (EPIRA), to wit:
Section 2. Declaration of Policy —
(b) to ensure the quality, reliability, security
and affordability of the supply of electric
power;
WHEREFORE, the foregoing premises considered, the
Commission hereby PROVISIONALLY APPROVES the Power
Supply Agreement (PSA) between Cagayan Electric Power and Light
Company, Incorporated (CEPALCO) and Kirahon Two Energy
Corporation (KTEC), subject to the following oyERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 16 of 17
1. The applicable generation rate shall be PhP8.50/kWh
which shall be adjusted based on the Feed-in-Tariff (FIT)
Rules;
2. The final generation rate that can be recovered shall be
determined by the Commission in its Decision in the
application; and
3. In the event that the final rate is higher than that
provisionally granted, the resulting additional charges
shall be collected by KTEC from CEPALCO. On the other
hand, if the final rate is lower than that provisionally
granted, the amount corresponding to the reduction shall
be refunded by KTEC to CEPALCO.
SO ORDERED.
Pasig City, 20 October 2015.
| FusS Tien
convent sdizan | ll
JOSE VICENTE B. SALAZAR "5" ena
Chairman ee
Oe. (On Official Travel)
ALF J.NON GLORIA VICTORIA C. YAP TARUC
Commissioner Commissioner
JOSEFINA PA’ A, MAGPALE-., ‘ASIRIT {RONIMO D, STA. ANA
issioner Commissioner
, Witton ncn authorityERC Case No. 2015-152 RC
ORDER/20 October 2015
Page 17 of 17
Copy Furnished:
1
10.
ote
12.
13.
Diccion Law Firm
Counsel for CEPALCO and KTEC
Unit 1912 Jollibee Plaza Building,
Emerald Avenue, Pasig City
Cagayan Electric Power and Light Co., Inc.
(CEPALCO)
33 Toribio Chaves St., Cagayan de Oro City
Kirahon Two Energy Corporation (KTEC)
Minergy Business Park, PHIVIDEC Industrial Estate,
Tligan-Cagayan de Oro-Butuan Road, Sitio Kirahon,
Barangay San Martin, Villanueva, Misamis Oriental
Office of the Solicitor General (OSG)
134 Amorsolo Street, Legaspi Village, Makati City
Commission on Audit (COA)
Commonwealth Avenue, Quezon City
Senate Committee on Energy
GSIS Bldg., Roxas Boulevard, Pasay City
House Committee on Energy
Batasan Hills, Quezon City
Office of the City Mayor
Cagayan de Oro City, Misamis Oriental
Office of the Municipal Mayor
Jasaan, Misamis Oriental
Office of the Municipal Mayor
Tagoloan, Misamis Oriental
Office of the Municipal Mayor
Villanueva, Misamis Oriental
Office of the Provincial Governor
Province of Misamis Oriental
Philippine Chamber of Commerce and Industry
(eccl)
3° Floor, Chamber and Industry Plaza (CIP),
1030 Campus Avenue corner Park Avenue,
McKinley Town Center, Fort Bonifacio, Taguig, ow /
Distribution Impact Study Robinsons Land Corporation 500 KW On-Grid Three Phase Photovoltaic Power Plant Located in Robinsons Cybergate Bacolod, Araneta St. Brgy. Singcang, Bacolod City