July 15, 2020 | 12:01 am
MANILA ELECTRIC CO.
(Meralco) welcomed the Supreme Court’s ruling which affirmed the Energy
Regulatory Commission’s (ERC) order adjusting the spot market prices in two
supply months in 2006, relieving consumers of paying additional P6 per
kilowatt-hour (kWh) for generation charges.
In June, the high court
released a resolution upholding the regulator’s police power when it enforced
price controls at the Wholesale Electricity Spot Market (WESM) upon learning
the unusual price movements during its third and fourth month of operations.
According to Meralco,
WESM prices reached as much as P4,903 per megawatt-hour (MWh) and P7,218/MWh in
September and October of that year, respectively.
It was the distribution
utility that asked the Philippine Electricity Market Corp. (PEMC), then-WESM
operator, to probe such movements.
Later, it was found
that the price spike was due to some market participants who have behaved
anti-competitively and have abused market power. This led the ERC to come up
with the order setting the WESM settlement prices at the TOU (time-of-use) rate
by the National Power Corp. to prevent consumers from being charged for an
“unreasonable” price.
“This resolution is a
welcome relief to the consumers, especially at this time of pandemic, as there
would be no additional burden to consumers,” Meralco Head of Regulatory
Management Jose Ronald V. Valles said in a statement on Tuesday.
“If the WESM prices
were not adjusted, this would have translated to an increase in the generation
charge of its consumers of about 90 centavos and P2.05 per kilowatt-hour for
the supply months of September and October, 2006, respectively which we will be
passed on to consumers,” he added.
The Court of Appeals
(CA) in 2009 affirmed the ERC’s role in adjusting the WESM prices. Later, the
state-led Power Sector Assets and Liabilities Management Corp. (PSALM) sought
the reversal of the CA ruling in a petition filed with the high court.
The Supreme Court then
agreed that the ERC exercised its investigative and quasi-judicial powers under
the Electric Power Industry Reform Act (EPIRA) in imposing the substitute rates
which did not only protect consumers but also corrected the “unusually high and
unreasonable” market prices.
“The Supreme Court’s
ruling is very much appreciated as it confirms and validates the efforts of ERC
in protecting the consumers as they are affected by the rates,” ERC Chairperson
and Chief Executive Officer Agnes VST Devanadera said last month. — Adam J.
Ang
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