The Energy Regulatory Commission (ERC) has pushed back against accusations of inaction by the National Association of Electricity Consumers for Reforms, Inc. (NASECORE), a consumer rights advocacy group, saying that its claims overlook regulatory work already underway on rate-setting and true-up requirements for private distribution utilities (DUs). 

In its formal reply to the group’s November 19 letter, the regulator called NASECORE’s insinuations “unwarranted.” 

The Commission said it had already circulated a draft resolution on August 13 requiring private DUs to submit Actual Weighted Average Tariff (AWAT) applications for the lapsed period. According to the ERC, the draft went through public hearings, stakeholder consultations, and rounds of written comments before being deliberated during the October 16 Commission meeting. It has since been formally adopted.

Under the newly approved resolution, private DUs with pending AWAT applications must submit supplemental filings within 60 days, while those that have not filed any AWAT application are required to submit full applications within the same period. Non-compliance will trigger fines and penalties.

NASECORE has repeatedly questioned the ERC’s handling of refunds and its adoption of the AWAT methodology, arguing that delays in rate resets have affected consumer charges. The group has also called for stricter verification of over-recoveries through independent audits and earlier sought a review of refund schedules.

“These claims are unwarranted and uncalled for,” ERC Chairperson and CEO Francis Saturnino C. Juan said in a statement. “The ERC will continue to act with resolve, independently and in accordance with law, to advance the national interest and protect every Filipino consumer.”

The Commission also denied any claim of selective regulation, saying it applies uniform principles to all franchise areas in line with the Constitution, the Electric Power Industry Reform Act, and relevant jurisprudence. 

How might the implementation of these new filing requirements affect rate-setting processes for distribution utilities in the coming months?

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