The Energy Regulatory Commission (ERC) has revised its Rules of Practice and Procedure (Revised RPP) which govern the proceedings before the ERC through the issuance of ERC Resolution No. 01, Series of 2021.¹ The Revised RPP took effect on April 13, 2021 (or 15 days after its publication in Business Mirror, a newspaper of general circulation). It allows the ERC to adapt to changes brought about by the COVID-19 pandemic and modernizes the ERC rules of procedure. It amends the RPP issued on June 22, 2006.

Under Republic Act No. 9136 or the Electric Power Industry Reform Act (EPIRA), the ERC is tasked to “promote competition, encourage market development, ensure customer choice and penalize abuse of market power in the restructured electricity industry.” The ERC has jurisdiction over “all cases contesting rates, fees, fines and penalties imposed by the ERC in the exercise of the [EPIRA-granted] powers, functions and responsibilities and over all cases involving disputes between and among participants or players in the energy sector.”

A. Electronic Proceedings

B. Spotlight on New Provisions

1. Prohibited Pleadings
2. Formal Amendments
3. Transfer of Interest: Substitution
4. Procedure for Hearings
5. Request for Additional Documents
6. New Procedure for Non-Rate Cases

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A. Electronic Proceedings

The Revised RPP incorporates ERC Resolution No. 09, Series of 2020³ (E-Filing Guidelines) which provides for the guidelines governing electronic applications, filings, and virtual hearings before the ERC.

“Filing” refers to the submission of pleadings, applications, comments, petitions, protests, motions, notices, compliance, and other similar papers in accordance with the RPP or the EFiling Guidelines.4 In this regard, the Revised RPP provides, among other things, that:

• All pleadings, motions, and other similar papers may also be filed electronically pursuant to the E-Filing Guidelines issued by the ERC;⁵
• Pleadings shall be written in English or Filipino, typewritten or printed, and filed with the Central Records Division, or via e-mail through the official e-mail addresses of the Central Records Division;⁶
• The public consultation necessary before finalizing the language of a proposed new rule or amendment to, or repeal of an existing ERC rule may be conducted through video conferencing;⁷ and
• Unless otherwise ordered by the ERC, service shall be made upon a party or upon its counsel-of-record, either by personal service, registered mail, or private courier delivery, to its principal place of business or residence, or to the address specifically stated by the party in the application, petition, complaint, or intervention. Service may also be made through e-mail.⁸
  
  

The Revised RPP also allows consumer complaints to be filed with the ERC electronically⁹ and the threshold for complaints to be heard through the rules of summary procedure has been raised from PhP200,000 to PhP400,000.¹⁰

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¹ Please see https://www.erc.gov.ph/Files/Render/issuance/30791 and https://www.erc.gov.ph/Files/Render/issuance/30794 for reference.

³ Please see https://www.erc.gov.ph/Files/Render/issuance/30582 for reference.

⁴ ERC RPP, Rule 2 Section 1 (l).

⁵ ERC RPP, Rule 3 Section 7.

⁶ ERC RPP, Rule 5 Section 1.

⁷ ERC RPP, Rule 21 Section 4.

⁸ ERC RPP, Rule 10 Section 2.

⁹ ERC RPP, Rule 20 F. Section 4.

¹⁰ ERC RPP, Rule 17 Section 2 (a) (1).