The Energy Regulatory Commission (ERC) upheld its earlier decision that found San Fernando Electric Light and Power Company (SFELAPCO) administratively liable.
In its final decision dated June 1, 2023, the ERC ordered SFELAPCO to:
• Pay a penalty in the amount of P21,600,000.00 stated in its first decision on March 3, 2023.
• Refund the charged ‘other charges’ amounting to P654,397,381.48 in the next billing cycle after accepting the order dated March 3, 2023.
• Also refund the imposed generation charges in excess of the Distribution Utility load-weighted average rate of the National Power Corporation Time-of-Use amounting to P1,769,924,493.39 – for the covered period from January 2013 to December 2022.
It can be recalled that in the ERC decision on SFELAPCO cases issued on March 3, 2023 [https://tinyurl.com/yndp6b55], the company was ordered to pay more than P21 million as penalty and refund to its consumers ‘other charges’ collected amounting to 654 million pesos.
According to the ERC, SFELAPCO appealed by passing a Motion for Reconsideration in their office on March 24, 2023, stating “praying that ERC’s decision on March 3 be reconsidered.”
In response, City Mayor Vilma Balle-Caluag, on March 31, 2023, filed an opposition with the ERC, with a request to deny SFELAPCO’s motion and to immediately implement the order for the electric firm to pay the penalty and refund its consumers.
In this most recent decision of the ERC, after their “extensive evaluation,” the ERC strongly rejected SFELAPCO’s motion as a resolution.
At least ten (10) points, which were detailed in the said ERC decision, served as the basis to deny the motion.
This decision of the ERC ended with a warning to SFELAPCO, in accordance with EPIRA Law Section 46, that the said case will be escalated to the Department of Justice for the possible filing of criminal actions against the Board of Directors and Officers of the company, in the event of another it did not comply with the decision of the ERC on March 3, 2023 and its latest order on June 1, 2023.
