ERC revises rules on pass-through charges

PASIG CITY – The Energy Regulatory Commission (ERC) pushes for more transparent collection of pass-through costs or charges by Distribution Utilities (DUs) starting 2023 with the adoption of Resolution No. 14, Series of 2022, entitled “A Resolution Adopting the Revised Rules Governing the Automatic Cost Adjustment and True-Up Mechanisms and Corresponding Confirmation Process for Distribution Utilities.”

“Pass-through costs” are amounts collected by DUs for charges other than the Distribution Charge or the payment for use of the DUs facilities. Simply put, the DUs collect these amounts from electricity consumers and pay the gencos (i.e., power suppliers) for energy generated and the system operator for the use of transmission facilities. Other pass-through charges include taxes, Feed-in Tariff Allowance (FIT-All), and Universal Charge (UC) which are all remitted by the DUs to the government. By its nature, the principle of “pass-through” dictates that the DUs shall not gain or lose from these charges.

The pass-through costs to be collected under the 2022 Revised Rules cover: a) Generation Charges, or the payment for the supply of electricity, b) Transmission Charges, or the payment for the use of the high voltage transmission grid, and (c) other subsidies and mandatory payments, such as Lifeline and Senior Citizen Subsidies, mandated by laws, System Loss, and Other Pass-through Costs as may be approved by the Commission.

The 2022 Revised Rules aim to update the regulatory framework on recovery of costs by:

(1) promoting transparency in prescribing detailed calculation of different components of the power bill; (2) reinforcing DUs’ accountability by ensuring accuracy and completeness of information provided to the ERC through more frequent submission of reports to  facilitate ERC’s confirmation of the DUs charges to   consumers vis-à-vis the ERC authorized rates; (3) setting a limit which, when exceeded, prompts an adjustment to correct over- or under recovery of the pass-through charges; and (4) streamlining the process and reducing regulatory lag for more efficient rate reviews. A timely confirmation process strikes a balance between protecting electricity consumers from over charging and DUs from under recovery.

Recent policy developments that affect consumer bills such as Distributed Energy Resources (DER), Green Energy Option Program (GEOP), Net Metering, and Lifeline Program for Marginalized End-Users, among others, are also included in the 2022 Revised Rules.

According to ERC Chairperson Monalisa C. Dimalanta, the revisions will not only promote transparency and accountability among the DUs – these will also ensure the protection of all electricity consumers: “We are looking forward to 2023 as the beginning of an era of greater transparency in electricity pricing. The new URR form will allow more information to be available and accessible. This is the first step to the digital transformation we are undertaking in the Commission to speed up our processes and allow more predictability in regulation.”

Resolution No. 14, series of 2022, also directs the creation of a Restricted Fund by the DUs, in which over-collections are maintained and earmarked for the specific purpose of being used as repayment to customers in subsequent billing months. This results in a mechanism whereby DUs effect more timely refunds without being subjected to regulatory lag, under certain conditions.

Through these initiatives, the ERC looks forward to 2023 in earnest anticipation of an era of strong, transparent and efficient regulatory governance, all towards the fulfillment of its mandate to give the consuming public the quality of service it deserves.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: