Businessmirror march 05, 2017

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Sunday, March 5, 2017 Vol. 12 No. 144

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‘Epira incomplete without RCOA’

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By Lenie Lectura

uthorities are carefully weighing their options on how to move forward following a Supreme Court (SC) order that temporarily stopped the implementation of a landmark policy meant to give consumers the choice to choose their own supplier of electricity. Fuentebella: “We have unbundled the major sectors. Now we are at the stage of unbundling further what had been unbundled. RCOA is among the last stages of Epira for the law to be fully implemented.”

Threshold

The rules also state the lowering of the threshold to cover an enduser with an average monthly peak demand of at least 500 kWh is set on June 26, 2018, subject to the review of the performance of the retail market by the ERC. Those who fail to do so before the deadline will be cut from their distribution utilities and transferred to a designated supplier of last resort, where the price of electricity is costlier. “This is what we are saying. Consumers would not be able to fully appreciate the benefits of Epira if some of the provisions would not be enforced. Epira must be taken as a whole for everyone to appreciate its benefits,” Fuentebella pointed out. But the High Tribunal found no basis for the mandatory migration being ordered by the DOE and the ERC through the questioned issuances. More important, the petitioners have established a clear, legal right to the TRO, considering that Epira provides for voluntary migration of end-users. The Court also noted the urgent need to issue the TRO, considering the February 26 deadline. “If a TRO is not issued, the petition will become moot, and petitioners stand to suffer grave and irreparable injury, because they will be disconnected from the distribution utility or make to pay a supplier of last resort a 10-percent premium

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They could not stress enough how vital this policy is to make consumers fully appreciate the benefits of the Electric Power Industry Reform Act (Epira). “Epira is incomplete without the RCOA [Retail Competition and Open Access],” Energy Undersecretary Felix William B. Fuentebella said in a phone interview. “We can’t say Epira will be a failure if RCOA is not implemented, but rather it will just be incomplete.” Since Epira was enacted into law 16 years ago, the power industry’s generation, distribution and transmission sectors were already unbundled. Monopoly had ceased to exist. “We have unbundled the major sectors. Now, we are at the stage of unbundling further what had been unbundled. RCOA is among the last stages of Epira for the law to be fully implemented,” Fuentebella said. The Department of Energy (DOE) and the Energy Regulatory Commission (ERC), both respondents in the recent ruling of the SC, said they will respect and abide by the temporary restraining order (TRO) on the implementation of DOE Circular DC2015-06-0010, Series of 2015, and ERC Resolutions 5, 10, 11 and 28, Series of 2016, without prejudice. The SC issued the TRO on February 21, or less than a week before February 26, when the DOE circular and the ERC resolutions were supposed to take effect. In particular, power users consuming an average of at least 1 megawatt (MW) per month are required to source power from a licensed retail electricity supplier (RES). At present, the majority of power consumers are being supplied by the Manila Electric Co. (Meralco). The DOE circular and the ERC resolutions further mandate customers with 750 kilowatt-hours (kWh) to 999 kWh a month of electricity usage to pick their preferred RES on or before June 26, 2017.

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AS BILL NEARS HOUSE PASSAGE, SOLONS VOW TO QUESTION ITS CONSTITUTIONALITY

Death-penalty oppositors pin hopes on SC

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By Jovee Marie N. dela Cruz

ollowing the approval of the controversial death-penalty bill on second reading in the lower chamber on Wednesday, some lawmakers have vowed to question the measure before the Supreme Court (SC). PESO exchange rates n US 50.3070

Party-list Rep. Harry L. Roque Jr. of Kabayan, an antideathpenalty advocate, said his group will file a petition questioning the constitutionality of the revival of capital punishment once the two chambers pass it into law. “[We will question it] on the ground that it violates treaty obligations. Treaty obligations are generally acceptable principle of the international law, and [our] Constitution says it’s part of the

law of the land; so, if we violate a generally acceptable principle of international law, you violate the Constitution,” he pointed out. The lawmaker said he and several senators believe the reimposition of capital punishment violates the Second Optional Protocol to the International Covenant on Civil and Political Rights, which the Philippines ratified in 2007, binding the government not to execute anyone Continued on A2

“[We will question the death-penalty measure] on the ground that it violates treaty obligations. Treaty obligations are generally acceptable principle of the international law, and [our] Constitution says it’s part of the law of the land; so, if we violate a generally acceptable principle of international law, you violate the Constitution.”—Roque

n japan 0.4398 n UK 61.7116 n HK 6.4810 n CHINA 7.3013 n singapore 35.6206 n australia 38.0824 n EU 52.8676 n SAUDI arabia 13.4188

Source: BSP (3 March 2017 )


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