LKI opposes 2019 FIT Allowance

2018-09-27 00:00:00

REPUBLIC OF THE PHILIPPINES
ENERGY REGULATORY COMMISSION
San Miguel Avenue, Pasig City
IN THE MATTER OF THE APPLICATION FOR APPROVAL OF THE FEED-IN TARIFF ALLOWANCE FOR CALENDAR
YEAR 2019 PURSUANT TO THE
GUIDELINES FOR THE
COLLECTION OF THE FEED-IN TARIFF ALLOWANCE AND
DISBURSEMENT OF THE FEEDIN TARIFF ALLOWANCE FUND, WITH PRAYER FOR
PROVISIONAL AUTHORITY
NATIONAL TRANSMISSION
CORPORATION (TRANSCO), ERC Case No. 2018-085 RC
Applicant, ENERGY REGULATORY COMM?ICS\ON
Time : .røs
By :
x????????????????-x
LABAN KONSYUMER INC.,
Intervenor.
VERIFIED PETITION TO INTERVENE
Intervenor Laban Konsyumer Inc., thru Atty. Victorio Mario A. Dimagiba (hereinafter, ?LKI?), most respectfully moves for the Denial of the instant application as contained in the Notice of Public Hearing of this Honorable Commission dated 07 August 2018 and docketed on August (illegible) , 2018 (the ?Application?), a copy of which was published in the Philippine Star on September l, 2018, and in connection therewith, most respectfully states as follows:
1. There are two (2) pending pleadings before the Honorable Commission that assailed the amount of over recovery of Feed in Tariff Allowance currently being paid by the consumers , namely:
A. Verified Petition for Annulment of Judgment in ERC Case No. 2015-216 RC filed on October 17, 2017 with the prayer to roll back the amount of Php 0.0805b [kWh retroactive to
January 2016. The Applicant had filed its Comment dated March 15, 2018, and the Intervenor had filed its Reply dated April 1 1, 2018.
B. Motion for Reconsideration dated June l, 2018 assailing the Decision in ERC Case No. 2016-192 RC dated27 February 2018 and docketed on May 1 1, 2018 for being null and void on ground of lack of jurisdiction with the prayer to suspend the amount ofPhp 0.0733/kwh.
2. In Paragraph 16 of the Application, the instant Petition is premature inasmuch as the Honorable Commission had yet to issue the Decision in ERC Case No. 2017-079 RC. The Intervenor had filed its consolidated Comments, Opposition to Offer of Evidence dated April I l , 2018 with the prayer that the 2016, 2017 and 2018 Feed in Tariff Allowance are all subjudice pending hearing before the Honorable Commission.
3. From paragraphs 18 to 82 of the Application , the formula and supporting statistics in the computation for the Feed in Tariff Allowance is too complicated and difficult to understand so much so as it defeats the right to know of the consumers. The Intervenor proposes to the Honorable Commission to revise and modify the formula. Only the applied incremental increase for the period should be the content of the Application.
4. Under paragraph 7 of the Application, there are ERC ?approved degression rates for wind, biomass, solar and hydro renewable energy after year 2 of the feed in tariff. The instant Application should comply with the ERC approved degression rate or justify its noncompliance thereto.
5. In relation to paragraph 3 of the Intervention and the Prayer of the Application under paragraph e l, the Intervenor continuously oppose the IN THE ALTERNATIVE as to the amount ofthe Feed in Tariff Allowance for the same legal issues now pending before the Commission .
6. Intervenor reserves the right to submit and propose additional grounds in opposition to the instant Application and that it be furnished a copy of the Application and documents free of reproduction costs.
Quezon City for Pasig City, September 14, 2018.
AB, LLB, LLM
Intervenor and Counsel
No. 5 Elgin Street, Brgy. Fairview, Quezon City Roll of Attorney No. 24285
PTR No. 5645010 / 1.15.2018/ Q.c.
IBP No. AR 001653/ 1.15.2018 / Q.c.
MCLE Exemption V-000692, 4.19.19
E-mail-dma iba@ Idtdsl.net? dimagibavic@gmail.com
VERIFICATION
I, Victorio Mario A. Dimagiba , of legal age and Filipino hereby depose as follows:
l. I am the President and counsel of Laban Konsyumer Inc.
2. I prepared personally the instant Petition for Intervention .
3. I swear that the facts alleged therein are true and correct to the best of my knowledge .
Quezon City for Pasig City , September 14, 2018
Subscribed and sworn to before me this I d SE&a909September, 2018 and the herein party presented his OSCA ID No.5229 issued in Quezon City.
3
IMAGIBA
Doc. No. »a.(? Page No. 44 Book No.
Series of2 18

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