REPUBLIC OF THE PHILIPPINES
ENERGY REGULATORY COMMISSION
PASIG CITY
records@erc.gov.ph
IN THE MATTER OF THE PETITIONS
OF THE MANILA ELECTRIC COMPANY
FOR APPROVAL OF POWER SUPPLY
AGREEMENTS WITH
SOUTH PREMIERE POWER CORPORATION
SAN MIGUEL ENERGY CORPORATION
Petitioners
ERC CASES NOS.
2019-080 RC
2019-081 RC
2019-083 RC
ATTY. VICTORIO MARIO A.
DIMAGIBA, IN HIS PERSONAL
CAPACITY AND AS PRESIDENT OF
LABAN KONSYUMER INC.,
Movant.
x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-
MANIFESTATION TO THE THREE (3) SEPARATE MOTION FOR RECONSIDERATION FILED IN THE ABOVE THREE (3) PETITIONS RECEIVED BY EMAIIL ON APRIL 24, 2020.
The Movant, thru counsel, respectfully moves and manifests as follows, to wit:
1. That Movant Dimagiba is Filipino, with TIN No 120-134-466, of legal age, married and a resident of No, 5 Elgin Street, Brgy, Fairview, Quezon City, 1118 where he may be served with pleadings, appearances, motions, notices, orders, resolutions, the judgment, and other Commission processes at the above indicated address.
2. That Movant Dimagiba is a consumer protection advocate, a member of the Philippine Bar since 1973 and a member of the New York State Bar since 1986. He worked for 19 years as a lawyer in Petron Corporation till 1994, then as a lawyer and later as Vice President & General Manager in the PNOC Petrochemical Development Corporation till 2003 , and was appointed to the Department of Trade and Industry as Director of the Bureau of Trade Regulation and Consumer Protection in 2005 and later served as Undersecretary for the Consumer Protection Group till end of term in July 31,2016 .
3. That Movant Laban Konsyumer Inc. or Laban Konsyumer is a non- stock and non – profit corporation duly organized and existing under the laws of the Philippines which seeks to help, protect, and empower consumers on their rights and responsibilities. Laban Konsyumer Inc. may be served with pleadings, appearances, motions, notices, orders, resolutions, the judgment, and other Court processes through counsel at the address indicated below.
4. That Movant Laban Konsyumer is an accredited consumer organization of the Department and Trade and Industry, under Certificate of Recognition CPAB No. C-0001 and a full term member of the Consumers International under Membership Number F -3058, an association of more than 250 consumer associations from 120 countries . That Laban Konsyumer has 100 registered members nationwide as recorded in the organization Membership Book. Its primary mandate is advocacy on consumer rights and responsibilities as well as advocacy on reasonable and fair prices of basic necessities and prime. It has power to sue under its corporate charter.
5. That Movant, subject to the Rules of the Honorable Commission and for the reasons stated herein, interposed no objection to the prayer for the issuance of a Provisional Authority, in the above 3 Petitions, as this will immediately redound to lower electricity rates in the Petitioner’s franchise area. The Movant Manifestation was duly noted in three (3) Separate Orders issued by the Honorable Commission on December 26, 2019.
6. The Commission issued a Provisional Authority of Php 4.0459/ kWh in each of the above petitions effective December 26, 2019 which excluded in the determination of the Provisional Authority the Plant Capacity Factor and the escalation, which is yet to be heard and evaluated by the Commission in the Decision of the above petitions.
7. The Petitioners had filed three (3) Separate Motion for Reconsideration, pleading to review the amount of the Provisional Authority, and for the Commission to consider the Plant Capacity Factor or PCF and escalation, in the determination of the amount of the provisional implementation authority, retroactive to December 26, 2019.
8. The purpose of the above Opposition is to highlight the impact of the Petition in terms of the amount in pkwh of electricity, over and above what the Commission ordered in December 26, 2019. The Movant will not discuss the exposition of the Petitioners on Plant Capacity Factor and escalation, which are technical and financial matters for the Commission deliberation.
9. In ERC Case No. 2019-080 (South Premiere Power Corporation) for the supply of 290 MW mid merit power plant, the Delivered rate is Php 5.5348 /kWh and Php 5.7507 Levelized Cost of Energy.
(> Php 1.4889- Php 1.7111/kwh)
10. In ERC Case No. 2019-081 (South Premiere Power Corporation) for the supply of 670 MW baseload power plant, the Delivered rate is Php 4.6314 and Php 4.9299 Levelized Cost of Energy.
(>Php0.5855-Php 0.884/kwh)
11. In ERC Case No. 2019-083, (San Miguel Energy Corporation) for the supply of 330 MW baseload power plant, the Delivered Rate is Pup 4.6314 and Php 4.9299 Levelized Cost of Energy.
(> Php 0.5855- Php 0.884/kwh)
12. WHEREFORE premises considered, Laban Konsyumer Inc. pleads to the Commission as follows:
A. To maintain the status quo.
B. To ensure that the PSA subject of the above petitions are the “Least Cost “to the consumers.
C. To ensure that the PSA shall comply with the “Take and Pay “ principle versus the “Take or Pay principle, i. e. Distribution Utilities and electric cooperatives shall pay only for the electricity consumed by the consumers especially in the occurrence of Force Majeure including pandemic.
D. To review whether the maximum 3.5 % escalation is reasonable versus the actual inflation of less than 2%.
E. To ensure the Final Decision shall have prospective implementation .
F. Such other reliefs and remedies that ensures consumer welfare.
April 27, 2020, Quezon City for Pasig City.
ATTY. VICTORIO MARIO A. DIMAGIBA
Counsel
No. 5, Elgin Street, Brgy. Fairview, Quezon City, 1118
Roll Atty. No. 24285
PTR No. 9333466, Jan. 6, 2020
IBP No. AR 40572950, Jan. 6, 2019
MCLE VI- 0024985, valid till April 14, 2022
Email: labankonsyumer@gmail.com
dmagiba@pldtdsl.net
cc: Manila Electric Company
Attn.: Atty Francis Dino S. Antonio et al
7th Floor, Lopez Bldg.
Ortigas Avenue, Brgy Ugong, Pasig City
fdsantonio@meralco.com.ph
Atty. Jupiter M. Cabaguio
Counsel for SMEC and SPPC
jcabaguio@smcgph.sanmiguel.com.ph