After suspension, new appointments of ERC commissioners eyed

With Malacañang finally enforcing the suspension of the four Commissioners of the Energy Regulatory Commission (ERC), the energy sector is keenly awaiting for new appointments at the soonest possible time to avoid delays in the regulatory works.

Of the two suspended Commissioners, two are retiring this July 10 – Commissioners Alfredo J. Non and Gloria Victoria Yap-Taruc – hence, they could already be replaced soon without legal hitches.

On Friday (July 6), Executive Secretary Salvador C. Medialdea has issued a memorandum to ERC Chairperson Agnes T. Devanadera, directing her to enforce the three-month suspension against the Commissioners, as meted by the Office of the Ombudsman on its May 18, 2018 ruling.

Medialdea emphasized that the order “is immediately executory and may not be interrupted by any motion, appeal or a petition that may be filed by the respondents, unless otherwise ordered by the Ombudsman or by any court of competent jurisdiction.”

The four Commissioners were temporarily booted out from office the second time – this time on “simple neglect of duty” because of previous ERC decision allowing the commingling of consumers’ bill deposits into the financial accounts of the Manila Electric Company.

With two Commissioners officially bowing out of office, affected industry stakeholders are just hoping that the new appointees will have quick learning curve – given the extent of case backlogs that will confront them at the agency.

It was similarly gathered that the ERC vacancy Commissioner-posts may not just be limited to two, but three as one Commissioner is reportedly resigning – it being constantly talked about in industry circles.

Malacañang was even more aggressive on its pronouncements that all four Commissioners will be replaced, although that threat has yet to be given credence.

The ERC cannot act on urgent as well as critical cases; and can’t also pursue its rule-making function if it cannot achieve quorum due to lacking Commissioners. At this stage, the only “woman standing” at the Commission is Chairperson Agnes T. Devanadera.

She had apprised media that their priorities are focused on dispensing at least 1,000 case backlogs until first quarter next year; and to finally calibrate regulatory frameworks under performance-based setting of electricity tariffs.