Energy Regulatory Commission's powers
SECTION 43. Functions of the ERC. - The ERC shall promote competition, encourage market development, ensure customer choice and penalize abuse of market power in the restructured electricity industry, x x x:
x x x x (r) In the exercise of its investigative and quasi-judicial powers, act against any participant or player in the energy sector for violations of any law, rule and regulation governing the same, including the rules on cross ownership, anti-competitive practices, abuse of market positions and similar or related acts by any participant in the energy sector or by any person, as may be provided by law and require any person or entity to submit any report or data relative to any investigation or hearing conducted pursuant to this Act;
x x x x (f) Perform such other regulatory functions as are appropriate and necessary in order to ensure the successful restructuring and modernization of the electric power industry, x x x.
Originally, the power to fix rates and impose price controls was conferred
upon the ERB. This was expressly provided under Section 9(c) of Presidential
Decree (PD) No. 1206 which states:
SECTION 9. Board of Energy. - x x x.
x x x x
The Board shall, after due notice and hearing, exercise the following powers and functions, among others:
x x x x
c. Regulate and fix the power rates to be charged by electric companies except (1) electric cooperatives which shall continue to be governed by Presidential Decree No. 269, as amended, and (2) (the National Power Corporation which shall continue to be governed by Republic Act No. 6395, as amended;
The enactment of EPIRA abolished the ERB and created in its place the ERC, a purely independent regulatory body tasked with performing quasi-judicial, quasi-legislative and administrative functions in the electric industry. Accordingly, the power to regulate and fix the power rates to be charged by electric companies was likewise transferred to the ERC.
