ILOILO City – The Energy Regulatory Commission (ERC) has already spoken on the matter of which entity is the duly authorized power distributor in this city, according to Chairperson Agnes Devanadera.
Therefore, she stressed, consumers must recognize the Commission’s decision – that MORE Electric and Power Corp. (MORE Power) is the sole power distributor in the city.
Devanadera also stressed that ERC has the exclusive jurisdiction to determine which power distributor has the authority to operate.
Any legal issue or court case does not dilute the sole authority granted to ERC by law, specifically the Electricity Power Industry Reform Act (EPIRA), she said.
EPIRA gave the Commission as a quasi-judicial entity the sole jurisdiction over the operation of electricity distribution utilities.
“MORE Power is recognized as the only power distribution utility of Iloilo City. This should be clear among parties,” Devanadera said over DyOK Aksyon Radyo-Iloilo to clear up the confusion brought about by the legal issues being raised by the previous power distributor, Panay Electric Co. (PECO).
With respect to whatever order the Iloilo Regional Trial Court, Branch 23 had issued, Devanadera said, ERC is standing by its March 5 order that MORE Power is the one that should supply electricity in Iloilo City.
“ERC is the body that has the exclusive authority on these matters – supply of electricity, rates. Since the ERC has spoken already, then consumers should also recognize the order of ERC,” she stressed.
Devanadera also clarified there is no violation even if MORE Power operates through a provisional authority only pending the issuance of a Certificate of Public Convenience and Necessity (CPCN) or Certificate of Exemption from the Department of Energy.
“This is an emergency. We have to issue the order to ensure that MORE Power is recognized. The primordial consideration is the continuance of electric service to the people of Iloilo City,” she explained.
MORE Power has a 25-year power distribution franchise in Iloilo City – Republic Act (RA) 11212 signed into law by President Rodrigo Duterte on Feb. 14, 2019.
PECO’s franchise, on the other hand, expired on Jan. 19, 2019. It failed to secure an extension or a new one from Congress which cited the many complaints from consumers over, among others, erroneous billing, poor customer service and high rates.
Last week, RTC, Branch 23 Presiding Judge Emerald Requina-Contreras issued an order to MORE Power and PECO to respect the Addendum to the Writ of Possession (WOP) that her court issued.
The addendum provided guidelines on how to go about enforcing the WPO. Among these were:
*install MORE Power which may deploy its personnel to man and oversee the substations to exercise its possession and control of the distribution facilities, but the operation should still be handled by PECO personnel who has the technical expertise
* maintain the status quo of the operation so as to give time for MORE Power to orient / train / immerse its personnel before it fully takes control of the operation
Devanadera, however, pointed out that RTC, Branch 23 is an expropriation court, thus its jurisdiction is constrained to the expropriation case only.
Power distribution and operation of the power distribution utility are the exclusive domains of ERC, she stressed.
“MORE Power is now in control of the entire distribution system. There is no choice at this point in time for MORE Power but to operate,” according to Devanadera.
She also said even if the law requires MORE Power to get a Certificate of Exemption from the Department of Energy (DOE) first so it could enter into supply agreements with power generating companies, the EPIRA also allows power utilities to engage in emergency contracts with suppliers to ensure no disruption of electricity service.
“Since there are present suppliers of electricity, we instructed MORE Power to continue with that arrangement until such time the DOE has issued the Certificate of Exemption, and until such time MORE Power has gone through the competitive selection process so that the people of Iloilo can have the best price ever,” Devanadera added./PN
