Energy Law Notes
Energy Law Notes
Energy Law Notes
LAW
OIL
DEREGULATION
1. Barriers
to
entry
nationality
requirement
(60/40)
2. Price
setting
Petron-owned
by
POCC
See
definition,
activities
of
Oil
Deregulation
Act
Purpose
of
Oil
deregulation:
Liberalization
more
competition
reasonable
price
(lower)
RA
8479:
AN
ACT
DEREGULATING
THE
DOWNSTREAM
OIL
INDUSTRY
AND
FOR
OTHER
PURPOSES
1. Difficulty
in
administering
Downstream
Participants
Activities
2. Anti-Competition/Trust
a. Cartelization
(collusion)
b. Predatory
pricing
lower
price
HW:
Authority/Jurisdiction
of
DOE
DOJ
Body
Task
Force
Transitory
Provisions/phase
(recent
news,
OPSF)
IPO
requirement
Biodiesel
Bioethanol
High
voltage:
250
(Plant)
Low
voltage:
138
(Transmission)
Household:
220
Symbiotic
relationship:
economy
and
electricity
CA
120:
PUBLIC
SERVICES
ACT
Road
map
to
provide
public
services
to
the
Philippines
NPC
(original
mandate
is
for
Hydroelectric
power)
Island
grid
Power
Gen
HV
lines
LV
lines
for
distribution
SPUG
small
power
utilities
grid
NPC
biggest
corporation
in
the
country
BOT
Law
P8/Kw
hr
present
(before
it
was
fixed
at
a
certain
price)
Pass-on
and
pass
thru
charges
ERB
mandates
private
generator
operators
ERC
mandate-
protect
the
consumers
NPC
started
buying
electricity
Long-term
contracts
(29
years)
Contingent
liabilities
Assumptions
proved
to
be
wrong
BOT
=
risk
allocation
(identify
risks)
Take
or
pay
contract
=
resale
value
=
exit
3
Baskets
of
Risk
1. Legal/regulatory
2. Commercial
3. Financial
4. technical
IPP
NPC
End-user
P85
P50
- Assumed
whatever
the
risks
Before
EPIRA,
vertically
integrated
industry
(Government
owns
everything)
Generation
=
NPC,
NPC
IPPs
(Meralco)
Transmission
=
NPC
(high
voltage)
Distribution
=
Private
Dus
Electric
Cooperations
(low
voltage)
Full
deregulation
=
ERB
has
control
EPIRA
Objectives
1. Restructuring
2. Privatization
End
goal
=
open
access
and
retail
competition
Open
access
distribution
system/writes
(low
voltage)
Transmission
Transco
(including
franchise)
(Q:
How
do
you
transfer
a
franchise?)
Generation
assets
(including
IPP
contracts
and
all
NPC
debt
PSALM)
IPPA
administrator
unique
in
the
Philippines,
own
output
and
can
sell
at
whatever
price
it
chooses,
trades
it
to
WESM
National
Grid
Corporation
of
the
Philippines
(NGCP)
(Private)
operation
and
maintenance
State
Grid
of
China
Monte
Oro
SM
(Sy)
VAT
zero-rated
Contestable
vs.
Captive
customers
(1M
Megawatt)
BATILEC
II
- largest
electric
cooperative
1. WESM
Certificate
of
Public
Convenience
Transition
blues
Regulated
entity
Regulatory
power
Gross
pool
all
electricity
Take
or
Pay
Take
and
Pay
Standards
Pay
what
you
get
Technical
aspects
BONUS
QUESTION
FINALS:
Sustainability
readings