MAGNA CARTA FOR RESIDENTIAL ELECTRICITY CONSUMERS

(First of 4 Parts)

For the information and clear understanding of residential electricity consumers, Madyaas Pen will publish the “Magna Carta for Residential Consumers” in four parts in four consecutive issues. This Magna Carta, in Chapter I tells you about general provisions, Chapter II-Consumer Rights, Chapter III-Consumer Obligations and Chapter IV-Final Provisions.
This Magna Carta is signed by the Energy Regulatory Commissioners with Rodolfo B. Albano, Jr. chairman, and Oliver B. Butalid, Carlos R. Alindada, Leticia V. ibay and Jesus N. Alcordo – Commissioners.

Pursuant to the provisions of Section 4 of Republic Act No. 9136, otherwise known as the Electric Power Industry Reform Act, the Energy Regulatory Commission hereby promulgates the Magna Carta for Residential Electricity Consumers as adopted in a Resolution by the Commission on June 9, 2004.

CHAPTER I, GENERAL PROVISIONS
Article 1. Title – This Resolution shall be known as the Magna Carta for Residential Electricity Consumers.
Article 2. Definition of Terms.
(a) Bill Deposit shall mean the deposit required from customers by distribution utilities of new and/or additional service equivalent to the estimated billing for one month to guarantee payment of bills;
(b) Billing Adjustment shall mean the amount charged to the consumer for the unbilled electricity consumed resulting from a stoppage or defect, conspicuous or otherwise, in the meter, provided that there is no evidence of tampering thereon;
(c) Connection Point shall mean the point of connection of the user system or equipment to the distribution system (for users of the distribution system) or to the grid (for users of the grid);
(d) Consumer or Customer or end-user shall mean any person who is the registered customer of the utility being supplied with electricity by the concerned distribution utility or any person authorized by the registered customer to occupy the premises and enjoy electric service;
(e) Distribution Utility shall mean any electric cooperative, private corporation, government-owned utility or existing local government unit which has an exclusive franchise or is authorized by law to distribute electricity to end-users;
(f) Differential Billing shall mean the amount charged to the consumer for the unbilled electricity illegally consumed as determined through the use of methodologies prescribed by law. It is determined by multiplying the unbilled consumption in kWh, the period covered and the current rate of electricity at the time of apprehension;
(g) Energy Regulatory Commission or Commission or ERC shall mean the independent regulatory agency created under Republic Act No. 9136, otherwise known as the Electric Power Industry Reform Act of 2001 (EPIRA);
(h) Month shall mean the elapsed time between two succeeding meter readings, at least twenty-eight (28) days part but not to exceed thirty one (31) days.
(i) An Officer of the Law shall refer to any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as barangay captain/chairman, barangay councilman, barangay leader, officer or member of Barangay Community Brigades, barangay policeman, PNP policeman, municipal councilor, municipal mayor and provincial fiscal.
(j) A Registered Customer shall mean the customer who has a valid service contract with the electric distribution utility.
(k) Residential consumer shall mean a customer classified as such in the distribution utility’s rate schedule as approved by the ERC.
Article 3. Applicability. – This Magna Carta shall only apply to residential consumers.

Article 4. Basic Rights. – All consumers shall be entitled to the following basic rights:
(a) To have quality, reliable, affordable, safe, and regular supply of electric power.
(b) To be accorded courteous, prompt and non-discriminatory service by the electric service provider;
(c) To be given a transparent, non-discriminatory and reasonable price of electricity consistent with the provisions of RA 9136;
(d) To be an informed electric consumer and given adequate access to information on matters affecting the electric service of the consumer concerned;
(e) To be accorded prompt and speedy resolution of complaints by both the distribution utility and/or the ERC;
(f) To know and choose the electric service retailer upon the implementation of Retail Competition; and
(g) To organize themselves as a consumer organization in the franchise area where they belong and where they are served by the distribution utility or as a network of organizations.
Article 5. Basic Obligations. – Every consumer must comply with the following obligations and responsibilities:
(a) To observe the terms of his contract including, among other things, paying monthly electricity bills promptly and honestly;
(b) To allow the faithful and accurate recording of consumption to be reflected in the appropriate device;
(c) To allow the utility’s employees/representatives entry/access to his premises for the purpose provided for in Article 29 hereof;
(d) To take proper care of metering or other equipment that the electric utility has installed in his premises;
(e) To inform the distribution utility and/or proper authorities of any theft or pilferage of electricity or any damage caused by any person to the electric meter and equipment appurtenant thereto; and
(f) To cooperate with and support programs on the wise and efficient use of electricity.

CHAPTER II. CONSUMER RIGHTS

Article 6. Right to Electric Service. – A consumer has the right to be connected to a distribution utility for electric power service after the consumer’s full compliance with the distribution utility’s and local government units (LGU) requirements.

If the said consumer is not the owner of the premises sought to be energized, he shall be required to submit an undertaking from the owner of the premises that the said owner shall be jointly and severally liable with the applicant for any unpaid regular monthly bills incurred by the applicant after leaving the premises, in the absence of or insufficiency of the bill deposit.
Subject to the approval of ERC, a distribution utility which cannot service areas within its franchise territory may allow another distribution utility or a qualified third party (QTP) to provide electricity services in said area pursuant to Rule 7 and Rule 14 of the Implementing Rules and Regulations of the EPIRA.
The labor cost for connecting the distribution utility’s service drop to the connection point shall be free of charge. The connection point shall be designated upon agreement by the distribution utility and the consumer.

Article 7. Right to a Refund of Bill Deposits. – The bill deposit provided for under Article 28 hereof shall be refunded within one month from the termination of service provided all bills have been paid.
A customer who has paid his electric bills on or before its due date for three (3) consecutive years may, however, demand for the full refund of the deposit even prior to the termination of his service. An application for this purpose shall be filed with the concerned distribution utility which must refund the deposit within one month from the receipt of such application. (To be continued in the next issue)/MP mailto: mailto: madyaas_pen@yahoo.com