CYAN MAGENTA YELLOW BLACK Manila
Standard
Republic of the Philippines
By:
TODAY ENERGY REGULATORY COMMISSION San Miguel Avenue, Pasig City
10. Copies of the foregoing documents and/or information are attached to this Joint Application as annexes hereof:
IN THE MATTER OF THE JOINT APPLICATION FOR THE APPROVAL OF THE POWER SUPPLY AGREEMENT (PSA) BETWEEN NUEVA ECIJA II ELECTRIC COOPERATIVE, INC.- AREA 1 (NEECO II – AREA 1) AND AP RENEWABLES, INC. (APRI), WITH PRAYER FOR PROVISIONAL AUTHORITY AND MOTION FOR CONFIDENTIAL TREATMENT OF INFORMATION
A A-1
NUEVA ECIJA II ELECTRIC COOPERATIVE, INC. – AREA 1 (NEECO II – AREA 1) AND AP RENEWABLES, INC. (APRI) Applicants. x - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
JOINT APPLICATION (with Prayer for Provisional Authority) -----------------------------------------------------------------------
Applicants Nueva Ecija II Electric Cooperative, Inc. – Area 1 (“NEECO II – AREA 1”) and AP Renewables Inc. (“APRI”), by and through the undersigned counsels, respectfully state that: Statement of Facts 1. Applicant NEECO II – Area 1 is a non-stock, non-profit electric cooperative (EC) duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with principal main office at Calipahan, Talavera, Nueva Ecija, where it may be served with summons and other legal processes, represented in this instance by its General Manager, ENGR. NELSON M. DELA CRUZ, of legal age, Filipino, and with office address also at NEECO II – AREA 1 Main Office. 2. Applicant APRI is a generation corporation duly organized and existing under the laws of the Republic of the Philippines, with principal office address at NAC Tower, 32nd Street, Bonifacio Global City, Taguig City. APRI is the owner and operator of four (4) geothermal plants located in Sto. Tomas, Batangas and Bay-Calauan, Laguna and two (2) geothermal plants located in Tiwi, Albay, (collectively, the “Power Plants”). 3. Applicants may be served notices, orders and other processes of the Honorable Commission through their respective counsel whose addresses are indicated below. 4. Applicant NEECO II – AREA 1 is the exclusive franchise holder of a Certificate of Franchise issued by the National Electrification Commission to operate an electric light and power services in following city and municipalities in the Province of Nueva Ecija: Talavera, Lupao, Carranglan, Aliaga, Quezon, Licab, Sto. Domingo, Science City of Munoz, Guimba and Talugtog. 5. Applicant NEECO II – AREA 1 is in need of a 33 MW baseload and intermediate power supply for the period covering August 26, 2018 to December 25, 2019. 6. After careful evaluation and review of the terms of the bid offers, NEECO II – AREA 1 deemed the proposal of APRI the most advantageous and beneficial for NEECO II – AREA 1’s end consumers. Therefore, Applicants executed this Power Supply Agreement (PSA) on 8 June 2018. 7. Thus, NEECO II – AREA 1 and APRI come to this Honorable Commission for the approval of the PSA. SALIENT TERMS OF THE POWER SUPPLY AGREEMENT 8. Executive Summary. Under the PSA, APRI shall supply power to NEECO II – AREA 1 from Effective Date (subject to Article 4 of the PSA) until 25 December 2019 or until such time that the power supply contract between NEECO II – AREA 1 and its new power supplier commences; provided that such extension shall not exceed one (1) year and shall be subject to ERC Approval
9.2
9.3
9.4
9.5
9.6
9.7
9.8
Term of Agreement. The PSA shall take effect immediately from Effective Date until the end of the Contract Period as specified in the PSA. The PSA also stipulates that the PSA may be renewed or extended in writing by the Parties not later than three (3) months prior to the expiration of the Contract Period. Supply of Energy. NEECO II – AREA 1’s Maximum Contract Energy per interval is thirty-three thousand kilowatts (33,000 kW) for the duration of the PSA. Adjustment in Contract Capacity. NEECO II – AREA 1 may request an adjustment in Contract Capacity and Contract Energy in respect of a particular Billing Period by delivery of a written request at least three (3) months before the date on which such adjustment is proposed to take effect and setting out the reasons and providing all documents necessary to support the request, without prejudice to the right of APRI to waive the three (3)-month notice period. Within thirty (30) days from receipt of such notice, APRI shall notify NEECO II – AREA 1 in writing indicating APRI’s acceptance or refusal of NEECO II – AREA 1’s request to adjust the Contract Capacity and Contract Energy. Any such request shall be subject to approval by APRI. Additional Energy. Additional Energy shall in no case exceed twenty percent (20%) of the Maximum Contract Energy per Interval or Maximum Contract Energy per Billing Period. Payment of Fees. APRI shall deliver to NEECO II – AREA 1 a Billing Statement setting out the Electricity Fees due on account of the Contract Capacity and all Energy delivered during each Billing Period on or before the seventh (7th) day of the Payment Month. The hourly energy levels that will be used for purposes of the Billing Statement will be based on the amount of Energy nominated by NEECO II – AREA 1 pursuant to Schedule 6.2. of the PSA. Penalties. If NEECO II – AREA 1 fails to pay the Electricity Fee or any other amounts payable by it under the PSA in full, including full payment of VAT due (if any) and all applicable taxes thereon, on the due date, it shall pay a penalty of two percent (2%) per month (a fraction of a month to be considered one month) based on the amount due, from the date when such payment is due until the date such amount is received in full by APRI. Taxes, Fees and Costs. NEECO II – AREA 1 shall be liable for and pay (i) any and all taxes (including value-added tax, if any), fees, charges, levies and imposts imposed or assessed by any Governmental Authority on or in connection with the purchase and sale of electricity and/or payments due to APRI, and (ii) any new taxes, fees, charges, levies and imposts (including any increase in the rate or amount thereof after the date hereof but excluding income taxes imposed on APRI and fines and penalties directly attributed to APRI’s gross negligence) after the date hereof in connection with the performance by APRI of its obligations pursuant to the PSA. Electricity Fees. Electricity Fees refers to the total amount of charges due from NEECO II – AREA 1 in respect of the Contract Capacity and all Energy supplied by APRI during a Billing Period, computed in accordance with Schedule 6.1.2 (Rates Schedule).
NEECO II – AREA 1’s Articles of Incorporation NEECO II – AREA 1’s Amended By-Laws
B
NEECO II – AREA 1’s List of Board Directors
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APRI’s Amended Articles of Incorporation
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APRI’s Certificate of Registration from the Securities and Exchange Commission (SEC)
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APRI’s General Information Sheet
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APRI’s Ownership Structure Map APRI’s Certificate of Registration No. 2009-084 from BOI
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APRI’s Certificate of Registration No. 2016-152 from BOI APRI’s Environmental Compliance Certificate (ECC) No. 0109-642-203 from the Department of Energy and Natural Resources (DENR)
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APRI’s ECC No. 0112-871-203 from the DENR
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APRI’s ECC No. 9206-041-203C from the DENR
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APRI’s ECC No. 9112-037-203 from the DENR
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Summary of Capacity based on ECC
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APRI’s COC No. 15-11-M-286rL from the ERC
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APRI’s COC No. 15-05-M-00007L from the ERC
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APRI’s COC No. 15-05-M-00008L from the ERC
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APRI’s COC No. 15-05-M-00009L from the ERC
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APRI’s COC No. 17-05-M-00105L from the ERC
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APRI’s Certificate of Endorsement (COE) from the DOE
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APRI’s Geothermal Renewable Energy Operating Contract (GREOC) No. 2009-10-006 APRI’s Certificate of Registration No. GREOC 2009-10-006 from DOE
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APRI’s Certificate of Registration No. GREOC 2009-10-007 from DOE
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Load forecast projections in accordance with the latest 2018 Distribution Development Plan (DDP) of NEECO II – AREA 1 with DDP summaries
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NEECO II – AREA 1’s Invitations to Submit Proposal
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NEECO II – AREA 1’s Terms of Reference
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Proposals from bidders to NEECO II – AREA 1 (Confidential)
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NEECO II – AREA 1’s Bids and Awards Committee Evaluation Report Resolution No. 2018-03-011
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NEECO II – AREA 1’s Board Resolution Confirming the Approval of BAC Evaluation Report Resolution No. 04-13-18
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Notice of Award issued by NEECO II – AREA 1
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Diagram and Matrix on Type of Competitive Selection Process
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NEECO II – AREA 1 Board Resolution No. 10-13-17 on the conduct of CSP
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Power Supply Agreement dated 8 June 2018
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APRI’s Transmission Service Agreement (TSA) – Tiwi Geothermal Power Plant
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APRI’s TSA – Makban Geothermal Power Plant
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NEECO II – AREA 1’s TSA
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P-1-b
APRI’s Bank of the Philippines Island Certification (Confidential) Sample Computation of Power Rates
P-2-b
Rate Impact Simulation Fuel Procurement Process (Confidential)
R
Relevant technical and economic characteristics of generation capacity
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APRI’s Audited Financial Statements
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Write-Up on APRI’s Documentary Requirements
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Transition of Power Supply from NPC Transition Supply Contract to Power Supply Agrrement with APRI
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Affidavit of Engr. Nelson M. Dela Cruz
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, ENGR. NELSON M. DELA CRUZ, of legal age, Filipino, married and with office address located at Nueva Ecija II Electric Cooperative, Inc. – Area 1 (NEECO II – AREA 1), Calipahan, Talavera, Nueva Ecija, after having been sworn to in accordance with law, hereby depose and states: 1.
I am the authorized representative of AP Renewables, Inc. (“APRI”), Co-Applicant in this case, as per attached Secetary’s Certificate;
2.
That I have caused the preparation and filing of this Joint Application for Approval of the Power Supply Agreement (PSA) Between Nueva Ecija II Electric Cooperative, Inc. – Area 1 (NEECO II – AREA 1 and AP Renewable, Inc. (APRI) with respect only to portion pertaining wholly to NEECO II – AREA 1;
3.
That I have read and know the contents of the aforesaid Joint Application pertaining to NEECO II – AREA 1 as true and correct to the best of my knowledge;
4.
That I hereby certify that I have not theretofore commenced by any other action or proceeding involving the same in the Supreme Court, the Court of Appeals or any other tribunal or agency;
5.
That to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any other tribunal or agency;
6.
That if there is such action or proceedings which is either pending or may have been terminated, I must state the status thereof, and;
7.
That should thereafter learn that a similar action or proceeding has been filed or pending before the Supreme Court, the Court of Appeals or any other tribunal or agency, I will undertake to report that fact within five (5) days therefrom to the Court or agency wherein the original pleading has been filed.
ENGR. NELSON M. DELA CRUZ Affiant LTO Driver’s License No. C05-97-105070
MOTION FOR THE ISSUANCE OF PROVISIONAL AUTHORITY 11. As can be gleaned from the comparative scenarios of the Rate Impact Analysis, the PSA between the Applicants reflects the most beneficial and cheapest generation charges at a reduced rate of Php /kWh. The resultant reduction is Php 0.9384/kWh vis-à-vis the existing Php 4.8443/kWh.
SUBSCRIBED AND SWORN to before me this 6th July 2018 in in Talavera, Nueva Ecija, Philippines, affiant exhibited to me his Driver’s License No. C05-97-105070 issued at Baloe, Sto. Domingo, Nueva Ecija, on March 13, 2018 and NEECO II - AREA 1 ID No. 070 as competent evidence of his identity.
12. The implementation of the PSA with APRI will afford the end-users of NEECO II – AREA 1 a stable supply and affordable rates. 13. The grant of a provisional authority will allow NEECO II - AREA 1 to immediately draw power under the PSA by 26 August 2018. This will l ultimately redound to the benefit of NEECO II - AREA 1’s customers in terms of continuous, reliable, efficient and affordable power supply. Attached as Annex “V” hereof is the Judicial Affidavit of Engr. Nelson M. Dela Cruz in support of the motion for provisional approval. MOTION FOR CONFIDENTIAL TREATMENT OF INFORMATION
Doc. No. 285; Page No. 58; Book No. XX; Series of 2018.
Republic of the Philippines) Taguig City )S.S.
14. Section 1, Rule 4, of the Honorable Commission’s Rules of Practice and Procedure provides that a party to any proceeding before the Commission may request that information about the party in the Commission’s possession not be disclosed. 15. In line with this, NEECO II – AREA 1 and APRI pray for the confidential treatment of the information contained in the following annexes, and not disclose the same except to the officers and staff of the Honorable Commission: Annex
Documents and/ or information
M-2
Proposals from bidders to NEECO II – AREA 1 (Confidential)
P-1
APRI’s Sources of Funds/ Financial Plans (Confidential)
P-1-a
APRI’s Asian Development Bank Certification (Confidential)
P-1-b
APRI’s Bank of the Philippines Island Certification (Confidential)
OM = PhP0.8121/kWh Fuel = PhP1.5000/kWh or , whichever is lower
REPUBLIC OF THE PHILIPPINES) Municipality of Talavera )S.S. Province of Nueva Ecija )
APRI’s Cash Flow (Confidential
Q
Electricity Fees = A + B + C + D + E
CRF = PhP1,397.07/kW-mo
ARNIDO O. INUMERABLE Counsel for NEECO II – AREA 1 405 Elisa Street, U.E. Village, Cainta, Rizal 1900 PTR No. 5846984, 1-30-18, Q.C. IBP No. AR002036, 1-30-18, Q.C. Roll of Attorneys No. 28764 MCLE Compliance No. V-0007400, 4-23-15
APRI’s Generation Rate Derivations (Confidential)
P-2-a
All computations on payments to Supplier shall not be rounded off, except for the final PHP amount, which shall be rounded off to the nearest Philippine centavo. Where:
By:
APRI’s Sources of Funds/ Financial Plans (Confidential) APRI’s Asian Development Bank Certification (Confidential)
P-3
NUEVA ECIJA II ELECTRIC COOPERATIVE, INC. – AREA 1 (NEECO II – AREA 1) Talavera, Nueva Ecija
Executive Summary on PSA
P-1-a P-2
16th Floor, NAC Tower, 32nd St., Bonifacio Global City, Taguig City Telephone No. 886-2348/Fax No. 886-2405
APRI’s GREOC No. 2009-10-007
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P-1
CELENI KRISTINE G. GUINTO PTR No. A-3749336 / January 23, 2018 / Taguig City IBP Lifetime Number No. 011964 / Quezon City MCLE Exemption No. V-001508 Roll No. 62390
APRI’s Certificates of Compliance (COC) No. 15-11-M-00028L from the ERC
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MA. MARGARITA S. LIM PTR No. A-3749337 / January 23, 2018 / Taguig City IBP No. 021984 /January 09, 2018 / PPLM MCLE Compliance No. V-0016454 / March 31, 2016 Roll No. 64612
APRI’s Certificate of Registration No. 2009-083 from the Board of Investment (BOI)
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PAUL B. SORIÑO PTR No. A-3695138 / January 5, 2018 / Taguig City IBP No. 021983 / January 9, 2018 / RSM MCLE Compliance No. V-0002586 / June 9, 2014 Roll No. 55895
APRI’s Amended By-Laws
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KATRINA M. PLATON PTR No. A-3783452 / February 27, 2018 / Taguig City IBP Lifetime No. 706864 / Makati City MCLE Compliance No. V-0018713 / April 13, 2016 Roll No. 38338
NATURE OF DOCUMENTS
ANNEX
ERC CASE NO. 2018 -__ RC
9.1
OTHER RELATED DOCUMENTS
P-2
APRI’s Generation Rate Derivations (Confidential)
P-3
APRI’s Cash Flow (Confidential
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Fuel Procurement Process (Confidential)
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, ALEXANDER B. COO, Filipino, of legal age, with office address at NAC Tower, 32nd St., Bonifacio Global City, Taguig City, after being sworn in accordance with law, hereby depose and say that— 1. I am the authorized representative of AP Renewables, INC. (“APRI”), Co-Applicant in this case, in this case, as per attached Secretary’s Certificate; 2. I have caused the preparation the foregoing Joint Application and have read the contents thereof, and, based on my own personal knowledge, belief and on authentic records of APRI, all the allegation contained therein are true and correct; 3. APRI has not commenced any other action or proceeding involving the same issue/s in the Supreme Court, the Court of Appeals or any court, tribunal, or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; and 4. Should I hereinafter learn that the same or a similar action or claim has been filed or is pending in the Supreme Court, the Court of Appeals or any court, tribunal, or quasi-judicial agency, I shall report said fact within five (5) days from discovery thereof to this Honorable Commission. IN WITNESS WHEREOF, I have hereto affixed my signature on 6 July 2018 in Taguig City, Philippines.
16. Annex “M-2”, the proposals from bidders to NEECO II – AREA 1 contains information on pricing and capacity. Bidders have requested that these information remain confidential as they form part of the bidders’ strategies against competitors. 17. On the other hand, Annexes “P-1”, “P-1-a”, “P-1-b”, “P-2”, “P-3” and “Q” contain information and data involving APRI’s operation, financial trade secrets, formula and pricing structures used in arriving at APRI’s tariff. These information are not generally available to the public. As such, the information and data contain in these documents are privileged and confidential in nature. In the case of Air Philippines Corporation v. Pennswell,2 the Supreme Court explained that:
A = CRF x CC x Adj B = OM x TED C = Fuel x TED D = any increase in existing taxes and all future taxes, fees and imposts, real property taxes, local business taxes, transmission charges, other charges that may be imposed on the procurement and purchase of steam, and other charges imposed on the Power Plant, including the charges indicated of Schedule 3.1(b) of the Agreement, in Philippine Pesos. E = the amount due for re-delivery of any undelivered quantity due to a Force Majeure event. CC = Maximum Contract Energy per Interval in kW as indicated in Schedule 4.1 of the Agreement
ACCij =
n= Int =
CC less affected capacity due to Force Majeure for interval i and day j, the number of days per Billing Period the number of Trading Intervals per day
TED = the total energy delivered in kWh within the CC during the current Billing Period Nm = the Newcastle index (USD/MT) published on the 25th of the calendar month; provided that if such day falls on a non-Business Day, the Newcastle index on the immediately preceding Business Day shall be used JPUm= the JPU reference coal index (USD/MT) published on the 25th of the calendar month; provided that if such day falls on a non-Business Day, the JPU reference coal index on the immediately preceding Business Day shall be used
18. The foregoing documents constitutes a compilation of information on the operations of the plant that have actual and valuable proprietary interest, which APRI must protect against competitors. This information must be protected since if this matter is known by the public, especially APRI’s competitors, the data can be used by a competitor as an input or variable in the determination of the competitor’s tariff. A competitor knowing this information will gain a competitive leverage against APRI. As explained in this Honorable Commission’s Decision in the ERC Case No. 2015-111 RC: “In the case of PNOC RC, the documents sought to be protected from disclosure contains formula and pricing structures used in arriving at their proposed tariff. The prices cited in the documents were components of the proposed tariff. In fact, all three (3) documents were used by the Commission in evaluating the reasonableness of the proposed rate. In electric power industry where prices is a major consideration in selecting one’s supplier, it is apparent that the assumption used in arriving at one’s proposed tariff is considered a competitive leverage by one player against its competitors. Thus, the Commission resolved to treat the said documents confidential and may not be publicly disclosed.”4
FXm = the average of the daily PHP/USD exchange rate for the last three calendar months prior to the Billing Period for which the Invoice is being prepared, as published in the Bangko Sentral ng Pilipinas website
19. In view of the foregoing Applicants respectfully request that the foregoing documents attached as Annexes “M-2”, “P-1”, “P-1-a”, “P-1-b”, “P-2”, “P-3” and “Q” the information contained therein be treated as confidential and privileged, and not be disclosed to persons other than the necessary officers and staff of this Honorable Commission.
Notes: In the event that revisions are made on the above indices, including any shift made in the base year and other adjustments to such index made by the relevant authorized entity, its successor-in-interest, there shall be a corresponding change in the base index such that the use of the revised index will yield the equivalent values as the use of the original base index.
20. APRI hereby submits one (1) copy each of Annexes M-2”, “P-1”, “P-1-a”, “P-1-b”, “P-2”, “P-3” and “Q” in a sealed envelope with the envelope and each page of the document stamped with the word “Confidential.”
In the event that the index (a) becomes unavailable, (b) is replaced by a new benchmark rate as determined by the relevant authorized entity, its successor in interest, or (c) ceases to exist, or (d) in the reasonable determination of either Party, fails to reflect the real costs and forms an integral part of this price mechanism, the Parties shall agree to adopt a new price index. 9.
“Trade secret is defined as a plan or process, tool, mechanism or compound known only to its owner and those of his employees to whom it is necessary to confide it. The definition also extends to a secret formula or process not patented, but known only to certain individuals using it in compounding some article of trade having a commercial value. A trade secret may consist of any formula, pattern, device, or compilation of information that: (1) is used in one’s business; and (2) gives the employer an opportunity to obtain an advantage over competitors who do not possess the information. Generally, a trade secret is a process or device intended for continuous use in the operation of the business, for example, a machine or formula, but can be a price list or catalogue or specialized customer list. It is indubitable that trade secrets constitute proprietary rights. The inventor, discoverer, or possessor of a trade secret or similar innovation has rights therein which may be treated as property, and ordinarily an injunction will be granted to prevent the disclosure of the trade secret by one who obtained the information “in confidence” or through a “confidential relationship.”3
Estimated Rate Impact.
Generation Rate and Supply Mix1
Generation Rate (Php/kWh)
Without APRI
4.8443
With APRI
3.9059 The analysis of the rate impact reveals that the resultant generation charge (GC) is lower and, thus, offers the best competitive and affordable price. Lower GC translates to the same passed-on charges to the benefit and interest of NEECO II – AREA 1’s end consumers. Therefore, the approval for the implementation of the PSA is imperative and essential because of the lower GC that will redound to the cooperative’s stakeholders.
PRAYER WHEREFORE, premises considered, applicants Nueva Ecija II Electric Cooperative, Inc. – Area 1 (NEECO II – AREA 1) and AP Renewables, Inc. (APRI) respectfully pray that the Honorable Commission:
ALEXANDER B. COO Affiant SUBSCRIBED AND SWORN to before me this 6 July 2018 in Taguig City affiant exhibiting to me his Passport No. EC 3682726 valid until 15 March 2020 issued at DFA NCR East and Community Tax Certificate No. CCI2018 1906411 issued on 5 June 2018 at Manila.
Doc. No. 138; Page No. 29; Book No. I; Series of 2018.
AP RENEWABLES INC. REPUBLIC OF THE PHILIPPINES ) CITY OF CEBU ) S.S. SECRETARY’S CERTIFICATE I, JUSTINE MAE A. CABATINGAN, Filipino, of legal age, with office address at Aboitiz Corporate Center, Gov. M. Cuenco Ave., Kasambagan, Cebu City, Philippines, after having been duly sworn in accordance with law, hereby depose and state that: 1.
I am the Assistant Corporate Secretary of AP RENEWABLES INC. (the “Corporation”), a corporation duly organized and existing under and by virtue of the laws of the Philippines with principal office address at NAC Tower, 32nd Street, Bonifacio Global City, Taguig City.
2.
At the regular meeting of the Board of Directors held on April 2, 2018, during which meeting a quorum was present and existing throughout, the following resolutions were unanimously passed and approved: “RESOLVED, that the Board of Directors of AP RENEWABLES INC. (the “Corporation”) authorize, as it hereby authorizes, the Corporation to file a Joint Application with Nueva Ecija II Electric Cooperative, Inc. (NEECO II) entitled “In the Matter af the Application for Approval of the Power Supply Agreement between AP Renewables Inc. (APRI) and Nuevo Ecija II Electric CooperatIve, Inc. (NEECO II), with Prayer for Provisional Authority and Motion for Confidential Treatment of Information” (“Application) and to file all relevant motions, pleadings or papers or documents with the Energy Regulatory Commission (ERC) in relation the Application; RESOLVED FURTHER, that anyone (1) of Messrs. Alexander B. Coo and/ or Mr. Felino M. Bernardo, be authorized and empowered, as each is hereby authorized and empowered, to cause the preparation, filing and execution of the Corporation’s pleadings, motions, papers, documents, affidavits, certifications and instruments, and to sign the Verification and Certification of Non-Forum Shopping. to be filed with the ERC, and to do and perform all such other acts and things, for and on behalf of the Corporation, as may be deemed necessary or appropriate and convenient to give effect to these resolutions;
a. ISSUE an Order treating Annexes M-2”, “P-1”, “P-1-a”, “P-1-b”, “P-2”, “P-3” and “Q” and the information contained therein as confidential, directing their non-disclosure to persons other than officers and staff of the Honorable Commission, as necessary, pursuant to Rule 4 of the ERC Rules, and prescribing guidelines for the protections thereof;
RESOLVED FURTHER, that the Board of Directors appoint, as it hereby appoints, anyone (1) of Attys. Katrina M. Platon, Paul B. Sorino, Ma. Margarita S. Lim and/or Celenl Kristine G. Guinto, or any other person appointed by any one of them, to represent and appear for and on behalf of the Corporation in the Application, with authority to:
b. Pending trial on the merits PROVISIONALLY APPROVE, the PSA, including all the rates, fees and charges set out therein; and
1.
file the Joint Application with Nueva Ecija II Electric Cooperative, Inc. (NEECO II), and to represent the Corporation and appear for and on its behalf in all proceedings, meetings, discussions before the ERC, including pre-trial conferences, in respect to the Application, to perform any and all acts and deeds and to submit and sign such documents and pleadings necessary to implement this authority;
2.
act as agent of and appear on behalf of the Corporation in the pre-trial and ali proceedings in relation to the Application, with full power to make commitments and take positions, and to consider the Ii] possibility of an amicable settlement or a submission to arbitration, mediation or other modes of alternative dispute resolution; [ii) simplification of the issues; [iii) necessity or desirability of amendments to the pleadings; [iv) possibility of obtaining stipulations or admissions of facts and of documents totally or partially to avoid unnecessary proof; [v) limitation of the number of witnesses or time allocated to particular witnesses and issues; [vi) advisability of a preliminary reference of issues to a commissioner; [vii)
c. After trial on the merits, APPROVE with FINALITY the PSA, including all the rates, fees and charges set out therein. Other relief, just and equitable, are likewise prayed for. Cainta, Rizal and Taguig City for Pasig City, 6 July 2018.
AP RENEWABLES, INC.
CYAN MAGENTA YELLOW BLACK