THE Energy Regulatory Commission (ERC) has junked a motion for reconsideration filed by several groups regarding its decision on Manila Electric Co.'s (Meralco's) average rate and refund scheme.
In an order last Friday, the ERC denied motions for a review of a June 2022 decision ordering Meralco to refund customers around P21.8 billion in distribution-related charges from July 2015 to June 2022 along with its approval of Meralco's application confirming the true-up calculation of its actual weighted average tariff (AWAT).
The AWAT represents the actual resulting average of distribution rates for various customer classes.
In a 3-2 vote, the commission resolved to deny motions filed in July 2022 by the National Association of Electricity Consumers for Reforms Inc. (Nasecore) and Romeo Junia, as well as the motion for partial reconsideration and clarificatory judgment that former ERC commissioner Alfredo Non Jr. filed in the same month.
The motions had argued that the regulator's decisions were contrary to the aims and purposes of rules for setting distribution wheeling rates (RDWR) and the intent of the Electric Power Industry Reform Act (Epira).
The ERC, however, said that it exercised its general rate-setting authority and power to act on applications under the law in approving Meralco's AWAT application.
"When Meralco filed its AWAT application with the commission, it had to act and decide on the said application," the commission said.
The majority said the decision would address both the long-drawn-out lapsed period of Meralco's regulatory reset and the need to ultimately settle the issue.
The lapsed period refers to periods of time when the ERC failed to undertake a regulatory reset for distribution utilities.
ERC Chairman and CEO Monalisa Dimalanta and ERC Commissioner Catherine Maceda gave two dissenting opinions, with Dimalanta saying that dismissing the motions would prevent the regulator from correcting mistakes and deprive consumers of their right to transparent and reasonable pricing.
Nasecore said it would be reviewing the ERC's decision.
Meralco shares were unchanged at P365 apiece on Friday.
Philippine financial markets are closed today for the Eid al-Adha holiday.