CITY OF SAN FERNANDO - The Energy Regulatory Commission (ERC) has denied the motion for reconsideration filed by the San Fernando Electric Light and Power Company in connection with the penalty utility’s alleged violation of Republic Act No. 9136 or the Electric Power Industry Reform Act (EPIRA) of 2001 and the commission's rules and regulations.
In its decision promulgated on June 1, 2023, ERC maintained its decision issued on March 3, 2023 which held SFELAPCO administratively liable for said cases.
In the said decision, ERC directed SFELAPCO to pay P21,600,000 and refund in the next billing cycle, which was supposedly April 2023, the ‘other charges’ it collected to its consumers amounting to P654,397,381.48.
ERC also ordered the power company to refund to consumers excess generation charges from January 2013 to December 2022 amounting to P1,769,924,493.39.
The agency said SFELAPCO must refund the said charges in the next 12 billing cycles.
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 EPIRA.
The commission warned SFELAPCO that its continued refusal to comply with the orders may result to the filing of criminal charges against the power firm's board of directors.
Mayor Vilma Caluag asked for the cooperation of SFELAPCO and return of what is due to its consumers.
“Nararapat naman po para sa atin ito dahil totoo naman na nagovercharge sila, at totoo naman na may isinigil sila na hindi dapat. Para saan pa na ginawa ang Energy Regulatory Commission kung hindi naman pakikinggan kaya ipinagdadasal ko na makipag-amicable settlement nalang sila dahil ang makikinabang naman ay ang mga tao,” she said.
Caluag also assured that the refund, as well as the proper computation for it, will be implemented.
She added that she will continue to seek assistance from the House of Representatives and other government officials if SFELAPCO take another measures to prolong the refund process.
“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,” Caluag said.
Irwin Nucum, SFELAPCO’s corporate communications officer, declined to comment on ERC’s new decision.