San Miguel: Court’s decision against ERC upholds due process

By Alena Mae S. Flores

SAN Miguel Global Power Corp., the power arm of San Miguel Corp., said Thursday the Court of Appeals’ decision nullifying the Energy Regulatory Commission’s ruling upholds the constitutional mandate of due process that guarantees the right to be treated fairly and effectively by quasi-judicial bodies.

San Miguel Global said this assured “a fair and balanced regulatory environment that equally protects the rights and interests of all stakeholders involved.”

“It is regrettable that the ERC’s unfair decision early on to reject our joint petition with Meralco for a temporary rate hike — despite proving to be the least cost option at that time for power consumers — resulted in consumers shouldering the burden of much higher electricity rates,” the company said.

ERC chairperson Monalisa Dimalanta said San Miguel Global’s rate hike petition was not a least-cost option for consumers on the part of the agency.

“That’s where our difference in appreciation lie,” she said.

She said the ERC, through the Office of Solicitor General, was studying filing a motion for reconsideration on the CA’ decision.

“We are already preparing a motion for reconsideration for the case. We haven’t discussed with OSG [Office of Solicitor-General] but they are putting together a draft motion,” Dimalanta said.

Dimalanta said the commission wanted clarification on the decision, specifically why the CA made the decision and did not remand it back to the ERC.

“If that motion is denied, we can take it all the way to the Supreme Court,” she said.

The ERC received on July 12, 2023 a copy of the joint decision rendered by the CA’s 13th Division which granted the petitions filed by South Premiere Power Corp. and San Miguel Energy Corp. to annul the orders it issued on Sept. 29, 2022, denying the generation companies’ plea for electricity price increase.