The Energy Regulatory Commission (ERC) is planning to allow retail electricity suppliers (RES), which have an affiliated generation company, to source only 50 percent of their capacity from their affiliates.
“We’re saying, they’re only allowed to get 50 percent of their capacity from their affiliates—so that other RES without generators can also source with them because of the limited supply,” ERC Commissioner Alfredo Non told reporters.
He said that the new limit ensures fairness for the contestable consumers, which currently have a power requirement of one-megawatt or more.
“If you are a RES and intend to supply affiliates—we cannot allow that —because it will limit especially those huge RES like Ayala and SM. They are the ones capable of getting big supply at a lower cost, but to supply only to affiliates, it will be unfair to customers,” the commissioner said.
Non explained those with RES licenses should act like suppliers, as contestable customers earlier complained they are unable to find a RES.
For contracts signed before the implementation of RES rules, he explained the commission will give them a winding down period of three years —without extension.
The ERC will also allow distribution utilities to become a RES through its affiliate, which is contrary to its earlier position.
ERC Chairman Jose Vicente Salazar disclosed the commission expects to publish the draft rules this week, allowing existing and potential RES to submit their comments.
The comments will then be reviewed in a commission meeting and will be finalized before publication.
The chairman further said two resolutions will be released by the commission—the rules on contestability and the restrictions.
Salazar said the commission will conduct a reassessment in the market and will determine whether to change the percentage 18-24 months after its issuance.
“We put it in the rules. Between the 18th and 24th months from the time we issued this, we will have a reassessment and we will determine if we can change the percentage—depending on what we see in terms of how these competitors are doing business and how the market is growing in terms of objectives of retail competition and open access,” the chairman said.
Salazar said the commission has consulted with industry players such as the Manila Electric Co., Visayan Electric Co. and San Miguel Energy Corp.
Non further disclosed both private and public economic zones could apply for a RES license.
The rules, however, vary as public eco-zones are allowed to sell to customers and supply to other contestable customers.
For private eco-zones, their operations will fall as contestable customers of their distribution utilities (DUs).
The Energy Regulatory Commission is an independent, quasi-judicial body mandated to promote competition and penalize abuse of market power in the industry.