Energy Regulatory Commission proposes changes in electricity pilferage law

MANILA, Philippines - The Energy Regulatory Commission (ERC) is proposing changes to strengthen the law on electricity pilferage.

ERC said it would be conducting public consultation on the proposed amendments to the implementing rules and regulations (IRR) of Republic Act 7832.

RA 7832, otherwise known as the “Act Penalizing the Pilferage of Electricity and Theft of Electric Power Transmission Lines/Materials, Rationalizing System Losses by Phasing Out Pilferage Losses as a Component thereof and for Other Purposes” or simply the Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994. Its IRR was promulgated in July 1995.  

Since then a number of Supreme Court decisions have been released interpreting its different provisions, prompting the ERC to adopt several policies to clarify the IRR.  

The ERC said it is necessary to amend some provisions of the IRR in order to incorporate the policy changes.

The proposed amendments include, among others, new policies and principles to clarify concerns on: who can be charged of a violation under RA 7832 and the procedures and allowed times of apprehension.

Other amendments, the ERC said, would also include: the determination of the proper party liable to pay with the manner of computation and payment of differential bills; and the disconnection procedures and imposition of surcharges.

The expository hearings on the amendments of the IRR are set on Jan. 6, 2010 in Cebu City for distribution utilities located in the Visayas and Mindanao areas, and on Jan. 13, 2010 in Manila for utilities located in Luzon.  

The public consultation will be held in Manila on Feb. 3, 2010.

“The electricity stakeholders must actively participate in the expository hearings and public consultation to be conducted if they are really serious in protecting their basic rights as consumers,” ERC chairperson Zenaida Ducut said.