=== dc2014-10-0020-pages-1.ppm === Republic of the Philippines DEPARTMENT OF ENERGY DEPARTMENT CIRCULAR NO. DC 2014- 10-002 oe ADOPTING FURTHER AMENDMENTS TO THE RETAIL MARKET MANUALS (Compliance and Implementation with Reference to Investigation of Retail Metering Service Provider's Infraction Involving Meter Data and Metering Facilities) WHEREAS, Section 37 of the Electric Power Industry Reform Act (EPIRA) provides that the DOE, jointly with the electric power industry participants, shall establish the Wholesale Electricity Spot Market (WESM) and formulate the detailed rules governing the operations thereof; WHEREAS, on 28 June 2002, the DOE, upon the joint endorsement of the electric power industry participants, promulgated the WESM Rules through Department Circular No. DC2002-06-003; WHEREAS, on 06 June 2011, the Energy Regulatory Commission (ERC) certified that the five (5) pre-conditions for the implementation of Retail Competition and Open Access (RCOA) as provided in Section 31 of the EPIRA have already been met; WHEREAS, on 09 January 2013, following the series of public consultations with stakeholders of the electric power industry, the DOE promulgated the Retail Rules through Department Circular No, DC2013-01-0002, entitled “Promulgating the Retail Rules for the Integration of Retail Competition and Open Access in the Wholesale Electricity Spot Market”; WHEREAS, on 09 July 2013, after due consideration the comments and suggestion solicited from the stakeholders, the DOE adopted and promulgated the Retail Market Manuals thru Department Circular No. DC2013-07-0014: WHEREAS, any changes, amendments, and modifications to the Retail Rules and Retail Market Manuals shall be undertaken in accordance with the provisions of Chapter 8 of the WESM Rules; WHEREAS, on 01 April 2014, the Dispute Resolution Administrator (DRA) submutted to the Rules Change Committee (RCC) its proposed amendments to the Retail Market Manual on Metering Standards and Procedures, particularly on the responsibilities of the DRA to investigate infractions relating to meter data and metering facilities or installations; WHEREAS, the proposal aims to change the responsible governing body to investigate infractions relating to meter data and metering installation from the DRA to Enforcement and Compliance Officer due to its inconsistency with the duties and obligations of the DRA under the WESM Rules and the WESM Dispute Resolution Market Manual (DRMM); WHEREAS, the proposal likewise recommends that the DRMM be added as a reference under the relevant sections of the Retail Market Manual on Registration Criteria and Procedures and Retail Market Manual on Market Transaction Procedures; Energy Center, Rizal Drive. Bonifacio Global City. Taguig City, Metro Manila, Philippines Tels.: (Trunks) 840-1401 to 40; Fax 840-2067; 840-2236; 840-2067 (Domestic); 632-840-2173; 632-840-2236, 632-840-2067 (international) === dc2014-10-0020-pages-2.ppm === WHEREAS, on 02 April 2014, during its 86% Meeting, the RCC thoroughly discussed and deliberated the said proposal and thereafter approved its posting in the WESM public information website to solicit comments from market participants and other interested parties; WHEREAS, on 07 May 2014, the RCC in its 87% Meeting deliberated upon the comments received from the stakeholder, and after giving due course to the matter, finalized and approved the proposed amendments to the various Retail Market Manuals for endorsement to the PEM Board; WHEREAS, on 30 May 2014, after due evaluation and deliberation, the PEM Board has resolved to approve for endorsement to the DOE the above stated RCC proposed amendments to the various Retail Market Manuals; WHEREAS, on 03 September 2014, the above stated amendments to the various Retail Market Manuals were submitted to the DOE for final approval, consistent with Chapter 8 of the WESM Rules; WHEREAS, the DOE thoroughly reviewed the PEM Board-approved amendments to the various Retail Market Manuals and considered them reasonable and consistent with the objectives of the WESM Rules and Retail Rules; NOW THEREFORE, pursuant to its authority under the WESM Rules and the Retail Rules, the DOE hereby adopts, issues, and promulgates the following amendment to the various Retail Market Manuals: Section 1. Amendment to the Retail Market Manual on Metering Standards and Procedures. 1.1 Clause 1.4.1 under Compliance and Implementation is amended to read - XXX XXX XXX e) The Enforcement and Compliance Officer shall be responsible for the investigation of any infraction by Retail Metering Service Provider of a Contestable Customer, case where disputes involved metering data, and tampering of any metering installation that is detrimental to the integrity of the metering data; XXX XXX XXX Section 2, Amendment to the Retail Market Manual on Registration Criteria and Procedures. 2.1 Clause 2.3 under References is amended to read - This Manual should be read in association with: XXX XXX XXX n) Retail Metering Manual 0) WESM Dispute Resolution Market Manual 2 === dc2014-10-0020-pages-3.ppm === Section 3. Amendment to the Retail Market Manual on Market Transactions Procedures. 3.1 Clause 3.2 under References is amended to read - This Manual should be read in association with: XXX XXX XXX f) Retail Manual: Registration Criteria and Procedures g) WESM Dispute Resolution Market Manual h) Department of Energy Circular No. 2012-05-0005 XXX XXX XXX Section 4. Separability Clause. If for any reason, any section or provision of this Circular is declared unconstitutional or invalid, such parts not affected shall remain valid and subsisting. Section 5. Effectivity. This Circular shall take into effect fifteen (15) days from its publication in at least two (2) newspapers of general circulation and shall remain in effect until otherwise revoked. Issued this____ September 2014 at the DOE, Energy Center, Rizal Drive, Bonifacio Global City, Taguig City, Metro Manila. CARLOS JERICHO L. PETILLA Secretary Sey Gea ENT OF EPR 7 REPLYING PLS CTE E-JLP-14006685 4 A LL OCT24 2014