Republic of the

San Miguel Avenue City

On March Misamis Occidental II Electric Cooperative, Inc. (MOELCI II) and FDC Misamis Power Corporation (FDC Misamis) filed a Joint Application seeking the Commission's approval of their Energy Power Purchase Agreement (EPP A) including therein a prayer for provisional authority. .

Relative to their prayer for provisional authority, Applicants On May pursuant to the Commission's power to provisionally approve Power Supply Agreements (PSAs) as provided under Section 4(e), Rule 3 of the Implementing Rules and Regulations of R.A. 9136, or the Electric Power Industry Reform Act of (EPIRA-IRR), the Commission issued an Order granting Applicants provisional author~t;); implement their PSA, the ERC CASE NO. RC ORDER/ APRIL

WHEREFORE, the foregoing premises considered, the Commission hereby PROVISIONALLY APPROVES the Electric Power Purchase Agreement (EPPA) between Misamis Occidental II Electric Cooperative, Incorporated (MOELCI II) and FDC Misamis Power Corporation (FDC MISAMIS), subject to the following conditions:

The applicable generation rate shall be as follows:

Rates PhPl,469.87/kW month PhPlOO.64 kW month PhP3.034/kWh

The foregoing applicable generation rate shall be subject to adjustments based on the formula provided in the EPPA;

3. The final generation cost that can be recovered shall be determined by the Commission in its Decision in the instant application; and

4. In the event that the final rate is higher than that provisionally granted, the resulting additional charges shall be collected by FDC MISAMIS from MOELCIII. On the other hand, if the final rate is lower than that provisionally granted, the amount corresponding to the reduction shall be refunded by FDC MISAMISto MOELCIII.

SOORDERED.

Inasmuch as the Commission has initiated the evaluation of the Application taking into consideration all submissions made by the parties before it, prudence dictates that a meticulous review of every detail thereof be made in furtherance of the policies of the State enunciated in Section of the EPIRA, to wit:

Section Declaration of Policy - It hereby policy ERCCASENO. RC ORDER/ APRIL

(b) To ensure the quality, reliability, security and affordability of the supply of electric power;

xxx

(f) To protect the public interest as it is affected by the rates and services of electric utilities and other providers of electric power;

WHEREFORE, premises considered, the provisional authority granted to Applicants MOELCI II and FDC Misamis as embodied in the Order dated May is hereby EXTENDED until revoked or made permanent by this Commission.

Pasig City, April

JOSE VICENTE B. S Chairman and CEO

(on leave] ALFRED6J. NON GLORIA VICTORIA C. YAP-TARDC Commissioner Commissioner

(on leave] JOSEFINA PATRI MAGPALE-ASIRIT GERONIMO D. STA. ANA Co Commissioner

. ERC CASE NO. 2015-032 RC ORDER/ 26 APRIL 2016

Counselfor MOELCI II 1906, Bontong Camaman-an, Cagayan de Oro City

Counselfor FDC MISAMIS floor, Robinsons-Equitable Tower, 4, ADB Avenue corner Poveda street, , Pasig City

Applicant Circumferential Road, Bitoon, Ozamis City, Misamis Occidental

Applicant 23rd Floor, PBCom Tower, 6795, corner Rufino street, Makati City

134 , Legaspi Village, Makati City

Commonwealth Avenue, Quezon City

GSIS Bldg. Roxas Blvd., Pasay City

Batasan Hills, Quezon City

Campus Avenue corner Park Avenue, McKinley Town Center, Fort Bonifacio, Taguig City

Province of Misamis Occidental

Province of Misamis Occidental

Ozamiz City

Ozamiz City / ERC CASE NO. RC ORDER/ APRIL

Tangub City

local legislative Tangub City

Municipality of Bonifacio

local legislative Municipality of Bonifacio

of the Municipality of Clarin

of the local legislative Municipality of Clarin

Municipality of Jimenez

local legislative Municipality of Jimenez

Municipality of Panaon

local legislative Municipality of Panaon

Municipality of Sinacaban

local legislative Municipality of Sinacaban

of the Municipality of Tudela

of the local legislative Municipality of Tudela

'7th Floo" P,dfi, Conte" S,n ,,",u,1 Avonu" Poe'g ~