Split functions eyed for ERC, PCC

by Myrna Velasco September 18, 2016

http://www.mb.com.ph/split-functions-eyed-for-erc-pcc/

The Energy Regulatory Commission (ERC) and Philippine Competition Commission (PCC) are already hammering out an arrangement that shall split their functions in handling anti-competitive cases in the power sector.

The proposal will be for the ERC to undertake preliminary investigation of lodged anti-competition cases; while the PCC takes charge of the evaluation process.

“What we’re looking at is cooperation wherein there would be delineation of responsibilities. We could do the preliminary investigation, then they (PCC) can do the actual evaluation of the findings,” ERC Commissioner Alfredo J. Non said.

He said the set-up could be likened to their current framework wherein the ERC-underpinned investigation unit (IU) does its own probe of cases, then it eventually elevates its findings to the Commission.

“It is a risk but that happens anywhere, even in the Courts. The fiscal (prosecutor) could have its own findings and then the judge will decide  – that’s how it will work also here,” Non stressed.

For the relevant parties in the case, he noted that “if they will not agree, then they can make appeals on the decision.”

Non qualified that the ERC-PCC sharing of responsibilities in disposing ‘power market abuse cases’ shall only cover prospective complaints, and will not include the ‘perfect storm’ events of November-December, 2013.

The ERC, he said, is now advancing that to evidentiary hearing phase – and the Commission is still intending to engage resigned Director Isabelo Joseph P. Tomas II to be part of the IU so the shift will not unduly affect evaluation process of the 2013 anti-competitive cases.

The official of the regulatory body indicated that one major concern thrown their way is “on the question of jurisdiction” with some parties sounding off that the cases may already be tossed unto the charge of the PCC.