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ERC AMENDS RULES OF PRACTICE AND PROCEDURE

The Energy Regulatory Commission (ERC) has approved amendments to its Rules of Practice and Procedure (RPP) under ERC Resolution No. 31, Series of 2026, to streamline regulatory proceedings, with changes covering electronic filing, virtual hearings, case timelines, intervention, summary procedures, and other processes for regulatory cases.

The amendments build on the Commission’s existing procedural framework, adding and clarifying provisions to promote greater consistency and predictability in the filing, hearing, and resolution of cases.

Chairperson and CEO Atty. Francis Saturnino Juan said the amendments are part of the Commission’s continuing efforts to improve its regulatory processes.

“As regulatory proceedings evolve, our rules must also provide clearer procedures for filing, participation, hearings, and resolution of cases.”

“The amendments are intended to make our rules clearer and our proceedings more predictable for consumers and stakeholders. As regulatory proceedings evolve, our rules must also provide clearer procedures for filing, participation, hearings, and resolution of cases,” Juan said.

Among the key changes, applications, petitions, and complaints will generally be filed electronically, while hearings will generally be conducted virtually. The amendments also establish an 11:59 p.m. cut-off for the filing of compliances and a 5 p.m. cut-off for the Commission’s service of orders and decisions on weekdays. Filings or service made beyond the applicable cut-off will be considered filed or served on the next working day.

“Applications, petitions, and complaints will generally be filed electronically, while hearings will generally be conducted virtually.”

For case participation and timelines, intervenors will be classified as either supporters or oppositors, while answers and explanations must be filed within 30 days from receipt of the Order requiring them. A pre-filing process is also annexed to the rules.

For hearings, if an initial hearing is cancelled due to force majeure, a fortuitous event, or suspension of government work, another notice shall be issued without the need for another publication. 

The amendments also clarify the Commission’s compliance with the 15-day requirement under Republic Act No. 11659, which provides that the Commission must issue an order setting the case for hearing within 15 days from the issuance of the Provisional Authority.

Meanwhile, distribution utilities (DUs) will be required to submit a list or directory of the offices of the provincial governor, mayors, and their respective local government unit (LGU) legislative bodies within the applicant’s or petitioner’s franchise area, together with their respective official email addresses.

In addition, the rules on Summary Procedure will apply to consumer complaints regardless of amount or subject matter, capital expenditure projects (CAPEX), over/under recoveries (OU), Certificates of Public Convenience and Necessity (CPCN), Business Separation and Unbundling Plans (BSUP), Applications for Authority to Develop and Own or Operate Dedicated Point-to-Point Limited Transmission Facilities, and dispute resolution proceedings where the parties have mutually agreed to apply the Rules on Summary Procedure.

New provisions will also address the premature resolution of issues pending in parallel proceedings, as well as the effects of the death of a party, partial decisions, consolidated hearings for separate cases where there is a common witness or issue, post-decision reports, pre-termination of approved Power Supply Agreements (PSA), and procedures for handling dispute resolutions.

The amendments were considered under ERC Case No. 2026-008 RM, with stakeholder inputs and public consultations forming part of the rule-making process.

ERC Resolution No. 31, Series of 2026 shall take effect fifteen (15) days after its publication in a newspaper of general circulation or the Official Gazette.

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