ERC denies application of 11 ‘legally defective’ power supply agreements
- September 17, 2016
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The Energy Regulatory Commission (ERC) rejected the application of 11 power supply agreements that were legally defective and failed to meet the set requirements.
“The ERC, being a quasi-judicial agency, is duty-bound to ensure that applicants and petitioners doing business in its regulated field act with truthfulness and diligence in the filing of their pleadings,” ERC chairman and CEO Jose Vicente Salazar said.
ERC’s 2006 Rules of Practice and Procedure requires contract approval to come with a verification that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records.
Applications should also come with a sworn Certification of Non-Forum Shopping that says the applicant has not taken any action or filed any claim regarding the same issue in another court, tribunal or quasi-judicial agency.
The ERC dismissed the PSA applications of the following:
Previously, ERC extended the deadline to file the PSA approval of those that did not go through competitive selection process (CSP) which requires distribution utilities (DUs) and electric cooperatives (ECs) to conduct open and competitive processes in selecting a power generating company from whom they will purchase their supply for captive markets.