IN THE MATTER OF THE APPLICATION FOR APPROVAL OF ADJUSTMENT IN RATES PURSUANT TO THE TARIFF GLIDE PATH (TGP) RULES, WITH PRAYER FOR PROVISIONAL AUTHORITY
ERC CASE NO. 2013-131 RC
CAMARINES SUR I ELECTRIC COOPERATIVE, INCORPORATED (CASURECO I), Applicant. )(------)(
ORDER
On June 10, 2013, Camarines Sur I Electric Cooperative, Incorporated (CASURECO I) filed an application for approval of adjustment in rates pursuant to the Tariff Glide Path (TGP) Rules, with prayer for provisional authority.
In the said application, CASURECO I alleged, among others, that:
1. It is an electric cooperative duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with principal office at Puro-8atia, Libmanan, Camarines Sur;
2. It is the holder of an exclusive franchise issued by the National Electrification Commission (NEC) to operate electric light and power distribution services in the Municipalities of Cabusao, Camaligan, Gainza, Libmanan, Lupi, Pamplona, Pasacao, Ragay, San Fernando and Sipocot, all in the Province of Camarines Sur;
3. Sometime in 2009, it filed with the Commission an application for approval of its proposed adjustment in its ERC Case No. 2013-131 RC ORDER/October 7, 2013 Page 2 of 10
rates pursuant to the Rules for Setting the Electric Cooperatives' Wheeling Rates (RSEC-WR);
4. In the said application, the Commission granted it provisional authority to implement the following initial tariffs on its Distribution, Supply and Metering (DSM) Charges, among others, to wit:
Customer Type Particulars Units Low Higher Residential Volta e Volta e
PhP/kW 267.9000 PhP/kWh 0.8449 0.9259
PhP/Customer/Mo. 40.1500 40.1500 PhP/kWh 0.7732
PhP/Meter/Mo. 5.0000 28.7200 28.7200 PhP/kWh 0.4569
5. On May 2, 2011, the Commission promulgated the TGP Rules pursuant to Article VII of the RSEC-WR whereby during the Regulatory Period, the rate of the electric cooperatives (ECs) per group shall be adjusted using the following formula:
Tariff x {1+lndex "I" - Efficiency Factor "X" + Performance Incentive "5'1
The Index, "I" shall be an escalation factor to be used in adjusting the rates to reflect the combined impact of inflation and the load growth. There shall be an efficiency factor "X" to account for the operational efficiency of the electric cooperatives in setting their rates. There shall be a performance incentive "S" which shall reward or penalize the electric cooperatives for the above or below standard performance, respectively.
The TGP is intended as a cap and the EC may move up to the cap, if it is a positive adjustment. If the cap is lower than the current average tariff, a reduction may be implemented. ERC Case No. 2013-131 RC ORDER/October 7, 2013 Page 3 of 10
6. The TGP is a rate adjustment mechanism which provides an opportunity for the ECs to adjust their rates once every three (3) years. The rate adjustments may occur at the start of the Fourth Year of the First Regulatory Period and every three (3) years thereafter;
7. Under the TGP, the Regulatory Period is six (6) years for each Entry Group. For the First Entrant Group, the First Regulatory Period is from January 1, 2011 to December 31, 2016. It belongs to the First Entrant Group;
8. Further, under the TGP Rules, the concerned EC shall use the following formula in determining the TGP for the First to Third Years of the Regulatory Period:
TGPA = TGPn + TGPn+1 TGPn+2
Where:
N = the First Year of the Regulatory Period and succeeding Regulatory Periods
Except that for the first two (2) years of the First Regulatory Period, "X" will be equal to zero (0) and thereafter shall not be less than zero (0). The TGP calculated for each of the three (3) years will be summed to determine the possible rate adjustment the starting on the Fourth Year of the current Regulatory Period.
9. Applying the methodology embodied in the TGP Rules, it calculated the values of the "I", "X" and "S" and came up with the following results:
TGPA Particulars "I" "S" TGPA "X" (Excluding "S") Year 2010 0.000/0 0.00% -0.80% -0.800/0 0.00% Year 2011 0.70% 0.00% 0.00% 0.70% 0.70% Year 2012 0.00% 0.00% 0.80% 0.800/0 0.000/0 Net Results 0.70% 0.70%
1O. Applying the above values resulted in adjustments on its DSM Rates, as follows: ERC Case No. 2013-131 RC ORDER/October 7, 2013 Page 4 of 10
10.1 With Performance Incentive "S"
Particulars Units
PhP/kW 269.7846 PhP/kWh 0.8508 0.9324
PhP/Customer/Mo. 40.4324 40.4324 PhP/kWh 0.7786
PhP/Meter/Mo. 5.0352 28.9220 28.9220 PhP/kWh 0.4601
10.2 Excluding Performance Incentive "S"
Customer Type Particulars Units Low Higher Residential Volta e Volta e
PhP/kW 269.7846 PhP/kWh 0.8508 0.9324
PhP/Customer/Mo. 40.4324 40.4324 PhP/kWh 0.7786
PhP/Meter/Mo. 5.0352 28.9220 28.9220 PhP/kWh 0.4601
11. Consequently, it prays that it be allowed to implement either of the above two (2) alternative calculated DSM rates, either provisionally during the pendency of the instant application or permanently by virtue of a final Decision, starting January 2014 and up to the next Regulatory Reset;
12. In support of the foregoing computations, the following documents are attached to the application and made integral parts thereof: ERC Case No. 2013-131 RC ORDER/October 7,2013 Page 5 of 10
Annex Nature of Document Proposed TGP calculations and supporting documents using the prescribed templates: A to A-2 Index "I" Calculation Efficiency Factor "X" Calculation Performance Incentive US"Calculation B MFSR Sections Band E Billing Determinants Template C kWh Sales, Number of Customers, kW Demand D Sam Ie Bills er customer t e E Re ional CPI F RFSC/Reinvestment Fund Utilization G Consumer Com laints H Audited Financial Statements
13. Finally, in compliance with the pre-filing requirements for the instant application, the following documents are, likewise, attached to the application and made integral parts thereof:
Annex Nature of Document Proof of furnishing copies of the application to the I to 1-1 Sangguniang Bayan of Libmanan and the Sangguniang Panlalawigan of Camarines Sur Publication of the application in a newspaper of general J to J-2 circulation in its franchise area or where it principally operates with Affidavit of Publication
Prayer
14. Thus, it prays that pending evaluation of the instant application or after due notice and hearing, as the case may be, it be allowed to implement either of the following two (2) alternative proposed new rates for its DSM Charges, starting January 2014 and up to December 2016: ERC Case No. 2013-131 RC ORDER/October 7, 2013 Page 6 of 10
14.1 With Performance Incentive "S"
Customer Type Particulars Units Low Higher Residential Voltage Voltage Distribution Charges: Demand Charge PhP/kW 269.7846 Distribution System Charge PhP/kWh 0.8508 0.9324 Supply Charges: Retail Customer Charge PhP/Customer/Mo. 40.4324 40.4324 Supply System Charge PhP/kWh 0.7786 Metering Charges: Retail Customer Charge PhP/Meter/Mo. 5.0352 28.9220 28.9220 Metering System Charge PhP/kWh 0.4601
14.2 Excluding Performance Incentive "S"
Particulars Units
PhP/kW 269.7846 PhP/kWh 0.8508 0.9324
PhP/Customer/Mo. 40.4324 40.4324 PhP/kWh 0.7786
PhP/Meter/Mo. 5.0352 28.9220 28.9220 PhP/kWh 0.4601
Finding the said application to be sufficient in form and in substance with the required fees having been paid, the same is hereby set for initial hearing, expository presentation, pre-trial conference and evidentiary hearing on November 26, 2013 (Tuesday) at two o'clock in the afternoon (2:00 P.M.) at CASURECO I's Main Office, Puro-Batia, Libmanan, Camarines Sur.
CASURECO I is hereby directed to cause the publication of the attached Notice of Public Hearing, at its own expense, twice (2x) for two (2) successive weeks in two (2) newspapers of general circulation in the Philippines, with the date of the last publication to be made not later than ten (10) days before the date of the scheduled initial hearing. It is also directed to inform the member-consumers ERC Case No. 2013-131 RC ORDER/October 7,2013 Page 7 of 10 within its franchise area, by any other means available and appropriate, of the filing of the instant application, its reasons therefor, and of the scheduled hearings thereon.
Let copies of the application, this Order and the attached Notice of Public Hearing be furnished the Office of the Scilicitor General (OSG), the Commission on Audit (COA), and the Committees on Energy of both Houses of Congress. They are hereby requested, if they so desire, to send their duly authorized representatives at the scheduled hearings.
Likewise, let copies of this Order and the attached Notice of Public Hearing be furnished the Offices of the Mayors of the Municipalities within the franchise area of CASURECO I and the Provincial Governor of Camarines Sur for the appropriate posting thereof on their respective bulletin boards.
CASURECO I is hereby directed to furnish all those making requests therefor with copies of the application and its attachments, subject to reimbursement of reasonable photocopying costs.
On the date of the initial hearing, CASURECO I must submit to the Commission its written Compliance with the jurisdictional requirements attaching therewith, methodically arranged and duly marked, the evidences on the actual posting and publication of the Notice of Public Hearing consisting of certifications issued to that effect, signed by the aforementioned Mayors and Governor or their duly authorized representatives, bearing the seals of their offices, and the affidavits of the Editors or Business Managers of the newspapers where the said Notice of Public Hearing were published together with the complete issues of the said newspapers, and such other proofs of compliance with the requirements of the Commission.
CASURECO I and all other interested parties are directed to submit, at least five (5) days before the date of the initial hearing and pre-trial conference, their respective Pre-trial Briefs containing, among others:
a. a summary of admitted facts and proposed stipulation of facts;
b. the issues to be tried or resolved; ERC Case No. 2013-131 RC ORDER/October 7,2013 Page 8 of 10
c. the documents or exhibits to be presented, stating the purposes thereof and proposed markings therefore; and
d. the number and names of the witnesses, with their written testimonies in an individual affidavit form, to be attached to the Pre-trial Brief.
Failure of CASURECO I to submit the required Pre-Trial Brief and Judicial Affidavits of its witnesses within the prescribed period shall be a ground for cancellation of the scheduled hearings, and the resetting of which shall be six (6) months from said date of cancellation.
As part of the pre-trial conference, CASURECO I must also be prepared to make an expository presentation of its application, aided by whatever communication medium that it may deem appropriate for the purpose, in order to put in plain words and explain, for the benefit of the member-consumers and other concerned parties, what the application is all about and the reasons and justifications being cited in support of the rate adjustments prayed for.
SO ORDERED.
Pasig City, October 7, 2013.
FOR AND BY AUTHORITY OF THE COMMISSION:
~ h(~ . ENAIDA a. 'CRUZ-DUCUT ~ Chairperson V
J~URECO IfTGP12013-131RC/initialorder ERC Case No. 2013-131 RC ORDER/October 7, 2013 Page 9 of 10
Copy Furnished:
1. Lerios-Amboy and Delos Reyes Law Office Attn: Atty. Ditas A. Lerios-Amboy Counsel for CASURECO I Units 1609-1610 Tycoon Centre, Pearl Drive, Ortigas Center, Pasig City
2. Camarines Sur I Electric Cooperative, Incorporated (CASURECO I) Puro-Batia, Libmanan, Camarines Sur
3. Office of the Solicitor General 134 Amorsolo Street, Legaspi Village Makati City, Metro Manila
4. Commission on Audit Commonwealth Avenue Quezon City, Metro Manila
5. Senate Committee on Energy GSIS Bldg. Roxas Blvd., Pasay City, Metro Manila
6. House Committee on Energy Batasan Hills, Quezon City, Metro Manila
7. Office of the Municipal Mayor Cabusao, Camarines Sur
8. Office of the Municipal Mayor Camaligan, Camarines Sur
9. Office of the Municipal Mayor Gainza, Camarines Sur
10. Office of the Municipal Mayor Libmanan, Camarines Sur
11. Office of the Municipal Mayor Lupi, Camarines Sur
12. Office of the Municipal Mayor Pamplona, Camarines Sur
13. Office of the Municipal Mayor Pasacao, Camarines Sur ERC Case No. 2013-131 RC ORDER/October 7,2013 Page 10 of 10
14. Office of the Municipal Mayor Ragay, Camarines Sur
15. Office of the Municipal Mayor San Fernando, Camarines Sur
16. Office of the Municipal Mayor Sipocot, Camarines Sur
17. Office of the Governor Province of Camarines Sur
18. Philippine Rural Electric Cooperatives Association, Incorporated (PHILRECA) 4th Floor, Casman Bldg., 372 Quezon Ave., Quezon City
19. Philippine Chamber of Commerce and Industry (PCCI) 3rd Floor, ECC Building, Sen. Gil Puyat Ave., Makati City