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Republic of the Philippines ENERGY REGULATORY COMMISSION San Miguel Avenue, Pasig City
FRIDAY, MARCH 15, 2019 CESAR BARRIOQUINTO, Editor mst.daydesk@gmail.com
IN THE MATTER OF THE APPLICATION FOR APPROVAL OF CAPITAL EXPENDITURE PROJECTS FOR CALENDAR YEAR 2018 AND VARIOUS PROJECTS UP TO 2020, WITH PRAYER FOR PROVISIONAL AUTHORITY ERC CASE NO. 2018-122 RC COTABATO LIGHT COMPANY (CLPC),
AND
POWER
Applicant. x--------------------------------------------------- x NOTICE OF PUBLIC HEARING TO ALL INTERESTED PARTIES: Notice is hereby given that on 27 December 2018, Cotabato Light and Power Company (CLPC) filed an Application seeking the Commission’s approval of its capital expenditure projects for the years 2018 to 2020, with prayer for the issuance of a provisional authority.
SUMMIT. French president Emmanuel Macron and deputy general secretary of the UN Amina Mohammed arrive at the One Planet Summit on March 14, 2019, in Nairobi. AFP
The pertinent provisions of the said Application are hereunder quoted as follows: 1.
CLPC is a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with office address at Sinsuat Avenue, Cotabato City. It is a grantee of a legislative franchise under Republic Act No. 10637, to construct, install, establish, operate and maintain a distribution system for the conveyance of electric power in Cotabato City, and portions of the municipalities of Sultan Kudarat and Datu Odin Sinsuat, Province of Maguindanao. It may be served with orders and other processes of the Honorable Commission through its undersigned counsel at the address indicated below.
2.
Republic Act No. 9136, or the Electric Power Industry Reform Act of 2001 (“EPlRA”), under Section 23 thereof, obligates a distribution utility, such as CLPC, to provide distribution services and connections to its system for any end-user within its franchise area consistent with the distribution code. Further, distribution utilities share in the objective of the EPlRA to ensure the quality, reliability, security and affordability of the supply of electric power.1
3.
For CLPC to pursue its mandate under its franchise and the EPlRA, it is necessary for CLPC to continuously invest in the improvement of its people, system and services to better serve its customers.
4.
As such, CLPC, in accordance with Section 20 (b) of Commonwealth Act No. 146,2 hereby applies for the approval of the Honorable Commission, to implement its Capital Expenditure Projects (“CAPEX”) for Calendar Year (“CY”) 2018 and various CAPEX up to CY 2020.
5.
CLPC’s CAPEX program under this Application is categorized as follows: A.
US joins other countries in banning Boeing MAX W ASHINGTON―The ban on the Boeing 737 MAX aircraft became worldwide after US President Donald Trump joined Canada and other countries in grounding the aircraft, and the black box flight recorders from the doomed plane were flown to France for analysis Thursday.
US authorities said new evidence showed similarities between Sunday’s deadly crash of an Ethiopian Airlines Boeing 737 MAX 8 and a fatal accident in Indonesia in October. The weekend crash killed all 157 people aboard. The Federal Aviation Administration said Wednesday the findings from the crash site near Addis Ababa and “newly refined satellite data” warranted “further investigation of the
possibility of a shared cause for the two incidents.” An FAA emergency order grounded 737 MAX 8 and MAX 9 aircraft until further notice. Trump told reporters at the White House the “safety of the American people and all peoples is our paramount concern.” Mexico late Wednesday suspended MAX 8 and 9 operations, after Canada and Chile also joined the long list of countries to ban the plane from flying in their airspaces. Many airlines have voluntarily taken it out of service. Brazil, Costa Rica, Panama and Colombia followed suit. FAA acting chief Daniel Elwell said the agency had been “working tirelessly” to find the cause of the accident but faced delays because the black box flight data recorders had been damaged. The new information showed “the track of that airplane was close enough to the track of the Lion Air flight... to warrant the grounding of the airplanes so we could get more information from the black boxes and determine if
there’s a link between the two, and if there is, find a fix to that link,” Elwell said on CNBC. Boeing chief Dennis Muilenburg said he supported the US decision “out of an abundance of caution” but continued to have “full confidence” in the safety of the plane. The company was continuing its efforts “to understand the cause of the accidents in partnership with the investigators, deploy safety enhancements and help ensure this does not happen again,” Muilenburg said in a statement. Ethiopian Airlines said Thursday that the black box flight recorders from the Boeing 737 MAX 8 that crashed had been flown to Paris for analysis. The accounts of the recent crashes were echoed in concerns registered by US pilots on how the MAX 8 behaves. At least four American pilots made reports following the Lion Air crash, all complaining the aircraft suddenly pitched downward shortly after takeoff, according to documents reviewed by AFP on the Aviation Safety Reporting System, a voluntary incident database maintained by NASA. AFP
IN BRIEF
MPs set to vote on delaying Brexit
LONDON―British MPs will vote Thursday on whether to ask the European Union for an extension to the March 29 Brexit deadline, with the whole process mired in chaos. It comes after MPs on Wednesday voted to reject a no-deal Brexit, in an intense week of parliamentary ballots. The government will ask British lawmakers to endorse its plan to hold another vote on the divorce deal in the coming days and to request a delay whatever the outcome. The delay would be until June 30 if the Brexit deal is finally approved. But it has already been overwhelmingly rejected twice by parliament―in January and earlier this week. If MPs vote against the deal once again, the government said the Brexit delay could be much longer and may force Britain to take part in European Parliament elections in May. Brexit has become deadlocked in the British parliament, reflecting the deep divisions that remain in Britain almost three years after the 2016 referendum to leave the European Union. Any request for a delay would still have to go before EU leaders at a summit in Brussels on March 21-22. They have already stated that they will only agree to push back the Brexit date if Britain makes concrete proposals to break the crisis. Unless British MPs agree to the deal or EU leaders unanimously approve a delay, Britain would still have to crash out of the EU with no deal in place on March 29.AFP
Notice is hereby given to the public that the estate of the lateRaoul P. Viray has been extrajudicially settled among his surviving heirs.That the decedent at the time of his death left the ff: a property in Quezon City covered by TCT No. 004-2013002176; various bank deposits; 13 funeral lots in Loyola Memorial Park in Paranaque; and membership to different club such as Manila Southwoods Golf and Country Club, Inc; Camp John Hay Golf Club, Inc; Club Punta Fuego, Inc. and The ManilaYacht Club as per Deed of Extra Judicial Settlement of Estate as entered in the NotarialBook of Atty. Benjamin F. Alfonso as Doc. No. 64; Page No. 14; Book No. 48A; Series of 2018.
RESCUED. A Rhesus macaque, part of the 11 rescued monkeys from
research laboratories, reacts from the quarantine room of the future animal shelter ‘La Taniere’, in Nogent-le-Phaye near Chartres, on March 13, 2019. The refuge, which will open to the public in 2020, cares for retired or mistreated animals from circus, people or illegal farms. AFP
Family in Vietnam of Kim murder suspect urge her not to lose hope NAM DINH, Vietnam―The father of a Vietnamese woman accused of killing the half-brother of North Korea’s leader had washed bed sheets in anticipation of her homecoming after her Indonesian co-accused was suddenly freed earlier this week. But his daughter is still in custody after a Malaysian prosecutor said Thursday Doan Thi Huong would remain on trial for the gruesome murder of Kim Jong Nam with a toxic nerve agent at a busy Kuala Lumpur airport in 2017. “I am very sad. The government gave us the best support but the other side could not solve it, what can we do?” said Huong’s father Doan Van Thanh from his rural village in northern Vietnam. Vietnam’s government made an 11th-hour plea to Malaysian authorities this week to free Huong after fellow suspect Siti Aisyah was sent home following back-door lobbying from Jakarta. Thanh was sure it would work. He insists his daughter was tricked into Kim’s murder and believes she thought she was part of a prank for TV, as she has said in court. She could face death by hanging if found guilty of the assassination. “I still believe Huong is innocent,” the parking lot attendant said at his home surrounded by rice paddies in Nam Dinh province. He has had little news from his daughter since she was arrested in February 2017, just three brief phone calls from custody on a borrowed phone asking after the family’s health. He implored his 30-year-old daughter not to lose hope, optimistic she could still be freed. AFP
Notice is hereby given to the public that the intestate estate of the late Jane Garcia-Sandico consisting of various properties located in the province of Pampanga has been extrajudicially settled among her surviving heirs as per the Deed of Extra Judicial Settlement of Estate with Appointment of Administrator and Attorneyin-Fact entered in the Notarial Book of Atty. Alysha Grace M. Zulueta as Doc. No. 252; Page No. 51; Book No. XI; Series of 2018. (MS-MAR. 15,22 & 29, 2019)
NOTICE ( Of Extra Judicial Settlement of Estate ) Notice is hereby given to the public that the intestate estate of the late Jane Garcia-Sandico consisting of various properties located in the province of Cavite has been extrajudicially settled among her surviving heirs as per the Deed of Extra Judicial Settlement of Estate with Appointment of Administrator and Attorney-in-Fact entered in the Notarial Book of Atty. Alysha Grace M. Zulueta as Doc. No. 253; Page No. 51; Book No. XI; Series of 2018. (MS-MAR. 15,22 & 29, 2019)
NOTICE ( Of Affidavit of Self Adjudication ) Notice is hereby given to the public that the intestate estate of the late Dante Diokno consisting of various properties located in the province of Pampanga has been extra - judicially settled as per Affidavit of Adjudication as Sole Heir entered in the Notarial Book of Atty. Alysha Grace M. Zulueta as Doc. No. 254; Page No. 51; Book No. XI; Series of 2018.
Residual CAPEX - This category involves the upgrading and replacement of various distribution assets such as distribution lines, line devices, distribution transformers, poles, towers, and fixtures. This category also includes the purchase and installation of new meters, instruments and metering transformers, as well as purchase and installation of new streetlights and maintenance of current ones.
iii.
Upgrading of SCADA Hardware and Software - This involves the upgrade of CLPC’s SCADA software and hardware.
iv.
Elevated Meter Center - This involves the installation of new elevated meter centers (EMC) and rehabilitation of current EMCs within the franchise area.
v.
Rehabilitation Project - This involves the rehabilitation and maintenance upgrade of several substations within the franchise area.
B.
Non-Network
i.
Telecommunications - This involves the acquisition of several communications equipment.
ii.
Tools and Work Equipment - This involves the acquisition, replacement, repair and maintenance of various tools and equipment.
iii.
Transportation - This involves the acquisition of a new mini bucket truck, forklift and a transport vehicle.
iv.
Building Improvements - This involves the various building improvements, and acquisition of office furniture and equipment.
v.
Computer Equipment - This involves the acquisition of new computers and accessories, as well as upgrade of computer software.
The total estimated cost of CLPC’s CAPEX under this Application is Php 140,415,492.34 broken down as follows:
35,181,890.51 7,045,806.33 7,248,652.63 12,842,789.92 7,507,571.95 2,864,271.54 1,931,000.00 16,855,568.37 8,186,701.00 128,000.00 8,173,420.09 8,400,000.00 11,047,829.00 13,001,991.00
The detailed justification, technical analysis, and economic analysis, as applicable, for CLPC’s CAPEX under the instant Application are discussed in detail in Annex “A” of this Application.
8.
The proposed CAPEX will not have a direct impact on the current rates of CLPC until approved by the Honorable Commission, as part of CLPC’s Regulatory Asset Base, in the next applicable Regulatory Period.
9.
Applicant undertakes to comply with the pre-filing requirements under Rule 3, Section 4(e) of the EPIRA IRR, as amended. ALLEGATIONS IN SUPPORT OF THE PRAYER FOR PROVISIONAL AUTHORITY
10. Public interest and necessity require the immediate implementation of the subject CAPEX projects. Most of CLPC’s load centers are exceeding load limits and there is a need to upgrade various parts of the network in order to mitigate overloading and avoid breakdown of equipment. Furthermore, various projects are necessary for CLPC to accommodate new customer applications, as well as for CLPC to continue to effectively serve its existing customers. In the event that the various CAPEX projects are not immediately implemented, certain facilities of CLPC will be rendered obsolete, which may then lead to power interruptions or delay in accommodating the additional load coming from existing and new customers. These negative consequences, which are detrimental to the livelihood and everyday lives of CLPC’s customers, may be tempered by the immediate approval of the instant CAPEX projects. 11. Thus, pending final approval, there is an urgent need for a provisional authority for CLPC to immediately implement its proposed CAPEX projects. In support of the prayer for the grant of the provisional authority, attached as Annex “B” is the Judicial affidavit of Mr. Francis Per Miñoza, Officer-inCharge of the Engineering Group of CLPC. 12. The foregoing CAPEX projects are indispensable for the systematic and economic expansion and rehabilitation of CLPC’s distribution facilities and ensuring compliance with safety, performance and regulatory requirements. The benefits arising from these CAPEX projects will ultimately redound to the end-consumers of CLPC because these projects ensure continuous, reliable and efficient power supply. 13. CLPC prays of this Commission that, after due notice and hearing: a.
Approve the proposed Capital Expenditure Projects; and
b.
Pending trial on the merits, issue an Order granting Provisional Authority authorizing CLPC to implement its proposed Capital Expenditure Projects.
Other reliefs just and equitable under the premises are likewise prayed for. The Commission has set the Application for determination of compliance with the jurisdictional requirements, expository presentation, pre-trial conference, and presentation of evidence on 13 March 2019 (Wednesday) at ten o’clock in the morning (10:00 A.M.) at CLPC’s Main Office in Sinsuat Ave., Cotabato City. On 11 February 2019, CLPC filed a Motion to Change Venue and Reset Hearing (Motion) stating that Cotabato City and the rest of Maguindanao are currently on heightened security alert due to threats of attacks by a lawless group. In view thereof and taking into consideration the safety of the public, the said Motion is hereby GRANTED. Thus, the instant Application is hereby set for the determination of compliance with the jurisdictional requirements, expository presentation, pre-trial conference, and presentation of evidence on 27 March 2019 (Wednesday) at ten o’clock in the morning (10:00 A.M.) at the ERC Mindanao Field Office, Mintrade Building, Monteverde Avenue corner Sales Street, Davao City. All persons who have an interest in the subject matter of the instant case may become a party by filing with the Commission a verified Petition to Intervene at least five (5) days prior to the initial hearing and subject to the requirements under Rule 9 of the 2006 ERC Rules of Practice and Procedure, indicating therein the docket number and title of the case and stating the following: 1)
The petitioner’s name and address;
2)
The nature of petitioner’s interest in the subject matter of the proceeding and the way and manner in which such interest is affected by the issues involved in the proceeding; and A statement of the relief desired.
3)
All other persons who may want their views known to the Commission with respect to the subject matter of the case may file their Opposition or Comment thereon at any stage of the proceeding before Applicant rests its case, subject to the requirements under Rule 9 of the 2006 ERC Rules of Practice and Procedure. No particular form of Opposition or Comment is required, but the document, letter, or writing should contain the following: 1)
The name and address of such person;
2)
A concise statement of the Opposition or Comment; and
3)
The grounds relied upon.
All such persons who wish to have a copy of the Application may request from Applicant that they be furnished with the same, prior to the date of the initial hearing. Applicant is hereby directed to furnish all those making such request with copies of the Application and its attachments, subject to the reimbursement of reasonable photocopying costs. Any such person may likewise examine the Application and other pertinent records filed with the Commission during the standard office hours. WITNESS, the Honorable Chairperson and CEO AGNES VST DEVANADERA, and the Honorable Commissioners CATHERINE P. MACEDA, and PAUL CHRISTIAN M. CERVANTES, Energy Regulatory Commission, this 18th day of February 2019 in Pasig City.
JOSEFINA PATRICIA A. MAGPALE-ASIRIT Oversight Commissioner for Legal
1 2
(MS-MAR. 15,22 & 29, 2019)
ii.
7.
(MS-MAR. 15,22 & 29, 2019)
NOTICE ( Of Extra Judicial Settlement of Estate )
Line Extension, Rehabilitation and Maintenance - This category involves projects for CLPC’s Rural Electrification and upgrade of various distribution lines within the franchise area.
Project Summary OTHER NETWORK Line Extension, Rehabilitation and Maintenance Rural Electrification Project and Distribution Lines Upgrade Residual Capex Poles, Towers, and Fixtures Overhead Conductors and Devices Line Transformers Meters, Instruments, and Metering Transformers Streetlights and Signal Systems Upgrading of SCADA Software and Hardware Elevated Meter Center Rehabilitation Project NON-NETWORK Telecommunications Tools and Work Equipment Transportation Building Improvements Computer Equipment
NOTICE (of Extrajudicial Settlement of Estate )
Pilots reported problems with 737
WASHINGTON―The US decision on Wednesday to ground the Boeing 737 MAX came after authorities noted similarities between two recent crashes, eerily echoing the reports from American pilots who complained of problems with the plane late last year. At least four US pilots filed reports following the October crash of a Lion Air flight in Indonesia shortly after takeoff and all complained the aircraft suddenly pitched downward, according to documents reviewed by AFP on a flight safety database. The Lion Air crash that killed 189 people was attributed to the flight stabilization system designed to prevent the aircraft from stalling, the “MCAS.” The Federal Aviation Administration said Wednesday that new evidence and satellite data indicated similarities with Sunday’s crash of an Ethiopian Airlines 737 MAX 8 minutes after takeoff, killing 157. That link “warrants further investigation of the possibility of a shared cause for the two incidents,” the FAA said in the emergency order grounding the 737 MAX 8 and MAX 9 aircraft. Dozens of airlines and governments around the world had already taken that step. The cause of the tragedy in Ethiopia has not been determined, although the black boxes with critical data and recordings of the pilots were retrieved Monday and are due to be shipped to France for analysis. Boeing already announced it was working on an update to its flight software and training on the aircraft. AFP
6.
Other Network
i.
Section 2 (b) of the EPlRA; Otherwise known as the Public Service Act.
(MS-MAR. 8 & 15, 2019)
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