Consumers’ group seeks review of all ERC decisions since 2001

In a bid to recover the excess payment made to the Manila Electric Co. (Meralco), a consumers group sought yesterday for a review of all decisions made by the Energy Regulatory Commission (ERC) from 2001 to December 2005.

The National Association of Electricity Consumers for Reforms Inc. (Nasecore), through its president Pete Ilagan, said the ruling of the Supreme Court upheld the petition filed by a consumer watchdog and its allied organizations against the 13.27 centavo per kilowatt-hour generation rate adjustment of Meralco.

Ilagan said the ERC will have no choice but to follow the ruling of the Supreme Court.

Otherwise, Meralco will be held liable for gross neglect of duty or grave misconduct, he said.

Ilagan said the ruling upheld the interest of the consuming public since any application or petition for increase or adjustment requires publication and notice to the public.

This is why a public hearing should be held in every petition or application, he said.

Ilagan said the approved rates should also be published so that consumers will be aware of the new rates that they will pay.

The high court last Feb. 2 ruled the publication and comment requirements are meant to protect the public interest and other providers of electric power, to ensure transparent and reasonable prices of electricity and full public accountability.

Ilagan said Nasecore will be evaluating the orders, guidelines, and decisions of the ERB subsequent to the Supreme Court ruling.

He said the move will determine if they have complied with the procedural due process requirements of the Electric Power Industry Act (EPIRA) which the Supreme Court said had been violated by Meralco.

"The ERC should be pro-active by revisiting their issuances, otherwise, we will be forced to file the appropriate petition to nullify the guidelines and decisions that were issued in violation of these requirements," Ilagan said. — Sandy Araneta