CITY OF SAN FERNANDO---The San Fernando Electric Light and Power Company (SFELAPCO) claimed that Energy Regulatory Commission or ERC "misappreciated" the facts of the case when it denied the motion for reconsideration filed by the electric distribution firm for alleged violation of Republic Act No. 9136, and ERC’s rules and regulations.
The ERC, In its decision promulgated on June 1, 2023, maintained its decision issued on March 3, 2023 which held SFELAPCO administratively liable for said case.
The agency ordered it to pay P21,600,000 penalty and refund in the next billing cycle of April 2023 "other charges" collected from consumers amounting to P654,397,381.48.
It also ordered the distribution utility (DU) to refund consumers excess generation charges from January 2013 to December 2022 amounting to P1,769,924,493.39.
Om Monday morning, SFELAPCO said "with all due respect to the ERC, we believe that the Commission misappreciated the facts of the case and hence, we will seek all available remedies accorded to us by law."
SFELAPCO explained that the official mandate of the DU "is to distribute power to our consumers in our respective
franchise areas, [and] the generation cost that we collect as a “pass-through charge” from customers all goes to the power producers.
"While we were greatly surprised by the recent decision of the Energy Regulatory Commission as regards our Motion for Reconsideration, we fully respect it. We will remain steadfast in assuring each of our consumers with quality service at all times," it said.
ERC said the order is executory despite any appeal to higher courts, unless an Injunction or Restraining Order is issued in accordance with Section 7827 of the Electric Power Industry Reform Act (EPIRA).
It warned SFELAPCO that its continued refusal to comply with the orders may result in filing of criminal charges against the power firm's board of directors.
City Government of San Fernando Mayor Vilma Caluag said during a press conference last week that an appeal by SFELAPCO is expected in finding a remedy to the case.
City Legal Counsel Jet Teodoro said that SFELAPCO may seek remedy from the High Tribunal's Court of Appeals.
"We are expecting that they will seek legal remedy from the Supreme Court," Teodoro said.
Caluag said she would continue to lobby and oppose SFELAPCO's measures to avoid refunding its consumers.
“We have been in talks with multi sectoral leaders in San Fernando. May mga kausap na po ako sa Congress at hindi naman tayo titigil dahil ngayon may bala na tayo, itong ERC order na nagpapatunay na tama ang ipinaglalaban natin. Together, we will fight for a lower power rate that would benefit everyone in the city, ” she said.