Section 63:
A licensee shall prepare and submit to the ERC the information pertaining to his energy industry operation, which may include the account illustrating the financial status and financial statements, according to the criteria, procedures and conditions specified by the ERC.
In the case of a licensee operating a power network system together with the Power System Operator, the accounts and balance sheets of the operation of the power network system and the Power System Operator shall have to be distinctly separated from those of other business categories.
PART 2
TARIFFS FOR THE ENERGY INDUSTRY OPERATION
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Section 64:
The Minister, by and with consent of the NEPC, shall set the policy and guidelines on the tariff determination in the energy industry operation.
Section 65:
Under the policy and guidelines approved by the NEPC, the ERC shall establish the criteria for determining the tariffs of licensees under each category, based on the following approaches that:
(1) should reflect the actual costs and take into account the appropriate return on investment capital of efficient energy industry operation;
(2) should be at the rates that enhance efficient and adequate energy supply to satisfy the domestic energy demand;
(3) should induce efficiency improvement in the energy industry operation;
(4) take into account fairness for both energy consumers and licensees;
(5) take into account the assistance to the underprivileged power consumers or the electricity supply in order to decentralize prosperity to provincial areas;
(6) have an explicit and transparent tariff calculation and make public the tariffs; and
(7) do not exert unjust discrimination against energy consumers or those who wish to use energy.
Section 66:
The ERC shall regulate the tariffs set by the licensees to ensure their compliance with the policy and guidelines as approved under Section 64 and pursuant to the criteria under Section 65.
In the event that the tariffs are at the rates generally enforced, the ERC shall disclose the formula or the methodology used in the tariff calculation, including the information about the variables used in the tariff calculation, except for the case that the ERC considers such variables are commercially confidential information of the licensees.
Section 67:
With regard to the tariff regulation under Section 66, Clause one thereof, the licensees shall propose the tariffs to the ERC for approval. The consideration process must be transparent, and a consultation must be arranged to obtain views from the stakeholders.
Section 68:
In the case where the ERC views that the tariffs become inappropriate due to a change in economic or social conditions, or the investment or technology, the ERC shall have the following authority:
(1) to adjust the tariffs; or
(2) to order the licensees to make the tariff adjustment for submission to the ERC for approval, and the ERC shall finalize the consideration within thirty (30) days as from the date of receipt of complete documents/evidences.
The tariff adjustment under Clause one hereof shall also be undertaken under the policy and guideline framework as approved under Section 64.
Section 69:
In the case where a licensee views that the tariffs adjusted or approved by the ERC is inappropriate due to a change in economic or social conditions, or the investment, technology or any other factor, the licensee may petition for tariff adjustment to the ERC for approval. The ERC shall finalize the consideration within thirty (30) days as from the date of receipt of complete documents/ evidences.
The tariff adjustment under Clause one hereof shall also be undertaken under the policy and guideline framework as approved under Section 64.
Section 70:
Licensees shall make public the tariffs as approved by the ERC, according to the criteria, methods and conditions specified by the ERC.
Section 71:
Licensees are prohibited from collecting tariffs at the rates higher than those approved by the ERC.
PART 3
ESTABLISHMENT OF STANDARDS AND SAFETY IN THE ENERGY INDUSTRY OPERATION
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Section 72:
The energy industry operation shall comply with the engineering standards and shall ensure safety pursuant to the regulations prescribed by the ERC. The prescribed regulations:
(1) shall not create an undue burden on the licensees;
(2) shall not be so rigid that they would limit or hinder the competition;
(3) shall not create biased benefits for any particular licensee; and
(4) shall be transparent.
In the event that the energy industry operation of a licensee fails to comply with the regulations under Clause one hereof, the ERC shall have the authority to order the licensee to improve or to rectify the operation.
Section 73:
The standards of the equipment to be connected to the energy network system of a licensee operating such a system, including the testing methods and the testing outcome certification, shall be in conformity with the regulations prescribed by the ERC.
The regulations under Clause one hereof may require that the standards of certain types of equipment to be connected to the energy network system be tested and certified prior to their utilization in the energy industry operation.
In developing the regulations under Clause one hereof, the licensees operating the energy network systems shall develop the details for submission to the ERC for consideration.
Section 74:
A licensee shall have to undertake the maintenance, repair and improvement of the energy network system, equipment or other devices used for the energy industry operation to ensure that their operating efficiency and standards comply with the regulations issued under Section 72, Clause one thereof. In the case of any damage or breakdown, repair must be expeditiously taken to restore the operation.
Section 75:
In establishing the standards under Section 72, Clause one thereof, and Section 73, Clause one thereof, the ERC may refer to the standards established by other agencies entrusted with the power and duties under the laws on those respective matters.
Section 76:
Any entity wishing to undertake the testing and certification of the standards of the equipment to be connected to an energy network system shall have to acquire a license to be a standard testing and certifying agency from the ERC.
The qualifications of an applicant for the license to be a standard testing and certifying agency, the application submission for such a license, the license issuance, the license extension, the license validity period, the fees for license issuance and extension, including the fee for the testing and certification, shall be in conformity with the criteria, procedures and conditions prescribed by the ERC.
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