Second of 4 Parts)
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 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.
Article 8. Exemption from the Payment of Meter Deposit. – All consumers shall be exempt from payment of meter deposits since private distribution utilities have incorporated the cost of these electric watthour meters in their rate base. Electric cooperatives shall use their respective Reinvestment Funds to procure electric watthour meters for their consumers.
Incases of loss and/or damage to the electric meter due to the fault of the customer, he shall bear the replacement cost of the meter.
Article 9. Right to an Accurate Electric Watthour Meter;
Determination of Average Error. – No meter, including instrument transformers, shall be installed or placed in service unless it has been tested, certified and sealed by the ERC. All watt-hour meters regardless of make and type before being placed in service must be adjusted to as close as possible to the condition of zero error.
The method provided in the Standard Rules and Regulations Governing the Operation of Electric Power Services (ERB Resolution 95-21, as amended) shall be used in the determination of average error.
The ERC seal is a warranty that (1) the meter is an acceptable or accepted type and (2) that it operates within the allowable limits of tolerance.
The consumer has a right o demand the production of the meter test report containing the findings of the authorized person who tested the said meter.
Article 10. Right to a Refund Overbillings. – The customer has the right to a refund in cases of overbilling by the distribution utility arising from a meter testing showing that the said meter was fast without any evidence of tampering.
In the event that a meter in service is found to have an average error of more than the tolerance of plus two percent, the customer is entitled to a refund, for a maximum period of six (6) months prior to the date of discovery, to be applied to the customer’s future billings.
Article 11. Right to a Properly Installed Meter. – The customer has the right to a meter installed in a clean place free of vibration and where it will be easily accessible and visible for reading and tesing by both the distribution utility and the consumer. Under no condition should meters be located behind doors or where they can easily broken or jarred by moving furnitures or equipment. Meters shall be located on the outside wall of the building or private pole and shall not be more than three (3) meters nor less than 1.52 meters mounting height from the surface on which one would stand to repair or inspect the meter.
Meters may be located in other areas based on justifiable reasons.
A customer shall bear the cost of relocation of his electric watthour meters under the following circumstances:
1. The customer requests for the relocation of his electric watthour meter, for reasons other than those provided for in the first paragraph; or
2. The meter installation fails to meet the conditions under the first paragraph resulting from improvements done on the customer’s premises, thereby necessitating such relocation.
All other relocations of the meter shall be borne by the electric utility.
Article 12. Right to a Meter Testing by Electricity Utility and/or ERC. –
A customer has the right to require the distribution utility to test, once every two (2) years, free of charge, the accuracy of the meter installed in his premises making use of a meter standard duly tested and sealed by the ERC.
If the customer requests for meter testing more than once every two years and the meter being tested is found to be within the tolerable limit as provided for in Article 9 hereof, the utility may assess the customer a testing fee based on the testing fee charged by the ERC. A written report showing the result of such test shall be furnished the customer.
The customer may also request the ERC to conduct a meter test, subject to the payment of a fee prescribed under the approved ERC Schedule of Fees and Charges.
In case the meter is found to be inaccurate, the customer may demand the replacement of the said meter or have the ERC calibrate the said meter to restore its accuracy closest to the condition of zero (0) error. The provision on refund or billing adjustment due to inaccurate meters shall apply as appropriate.
Article 13. Right to a Prompt Investigation of Complaints;
Customer Dealings. – Distribution utilities shall record and promptly investigate all complaints referred to them concerning their services.
The distribution utility must furnish the complainant a report of the action/s taken thereon within the period stated in the distribution utility’s Compliance Plan as provided for in the Philippine Distribution Code. In the absence of such pan, the report must be made within fifteen (15) days from receipt of the complaint.
In case of disagreement between the distribution utility and the customer, the latter may fie a complaint with the ERC in accordance with Article 27 of this Magna Carta.
In dealing with their customers relative to electric power services, all officers, employees and agents of distribution utilities must properly and conspicuously display their identification cards at all times.
Article 14. Right to Extension of Lines and Facilities. – A consumer located within thirty (30) meters from the distribution utilities’ existing secondary low voltage lines, has the right to an extension of lines or installation of additional facilities, other than a service drop, at the expense of the utility in as much as said assets will eventually form part of the rate base of the private distribution utilities, or will eventually form part of the rate base of the private distribution utilities, or will be sourced from the reinvestment funds of the electric cooperatives. However, if a prospective customer is beyond the said distance, or his demand load requires that the utility extend lines and facilities, the customer may initially fund the necessary expenditures.
To recover his aforementioned expenditures, the customer may either demand the issuance of a notes payable from the distribution utility or refund at the rate of twenty-five (25) percent of the gross distribution revenue derived for the calendar year, or if available, the purchase of preferred shares.
Revenue derived from additional customers tapped directly to the poles and facilities so extended shall be considered in determining the revenues derived from the extension of facilities.
When a developer initially paid the cost of the extension of lines to provide electric service to a specific property and incorporated these expenses in the cost thereof, and that properly was purchased and transferred in the name of the registered customer, the latter shall be entitled to the refund of the cost of the extension of lines, and exercise the options for refund provided in this article.
If the cost of the extension of lines or installation of additional facilities was funded gratuitously by other persons for the benefit of the customer, this provisions shall not apply.
In this connection, all concerned utilities shall furnish the Commission a semi-annual report of the names of customers who made the aforementioned cash advances, the amount of the cash advance and the mode or refund.
Article 15. Right to Information; Scheduled power Interruptions. – In order to increase consumer awareness, all offices of distribution utilities must provide a Consumer Bulletin Board where major announcement/documents issued affecting consumers will be posted. Furthermore, they establish communications facilities, including but not limited to a customer hotline and Short Messaging Service (SMS), to cater exclusively to their customers.
Major announcements/documents shall include, but not be limited to, rate schedules and any changes thereon; other service charges; terms and conditions of service; standard rules and regulations governing the operation of distribution utilities; general information on metering, including but not limited to the manner in which meters are read and description of method used in reading; decisions and orders of the ERC.
When there are two or more authorized schedules of rates applicable to a customer, the distribution utility should accordingly advise said customer in writing and apply the rates which are most beneficial to the customer.
At least two (2) days before a scheduled power interruption, a distribution utility must announce the same to its customers through print, or other mass or interactive media. In remote areas where such media are inaccessible, the distribution utility must set up a Bulletin Board where announcements of scheduled power interruptions will be posted in an area that could easily be seen by its customers, preferably along roadsides or in front of the entrance to the City/Municipal Hall or Public Market.
Article 16. Right to a Transparent Billing. – Bills to service customers shall conform with the format as approved by the ERC. The current formats approved by the Commission are shown in Annexes A and B of this Magna Carta.
Article 17. Right to a Monthly Electricity Bill. – Bills shall be delivered monthly to the customer by the distribution utility in accordance with the applicable rate schedule. Said bills shall be payable to authorized collectors, the collection office, authorized agents/entities or at its authorized banks.
Notwithstanding the provisions of the foregoing paragraph, no violation of the provisions of this Magna Carta is committed by the distribution utility in reading its customers’ meters beyond the maximum allowable time provided for in Article 2(h), Provided that such inability to read on time was due to a fortuitous event and, that the meter reading is done immediately after the said fortuitous event ceases to exist.
Should the period covered in the electric bill exceed the number of days provided for in this Magna Carta, the distribution utility shall nevertheless provide the applicable subsidy for that consumption level due to the customer as if the meter had been read within the maximum allowable period.
The distribution utility shall safely keep the duplicate, electronic or otherwise, or office stub of the bills used and shall not be destroyed within five years without authority from the Commission. (To be continued on the next issue) /MP mailto:madyaas_pen@yahoo.com
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 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.
Article 8. Exemption from the Payment of Meter Deposit. – All consumers shall be exempt from payment of meter deposits since private distribution utilities have incorporated the cost of these electric watthour meters in their rate base. Electric cooperatives shall use their respective Reinvestment Funds to procure electric watthour meters for their consumers.
Incases of loss and/or damage to the electric meter due to the fault of the customer, he shall bear the replacement cost of the meter.
Article 9. Right to an Accurate Electric Watthour Meter;
Determination of Average Error. – No meter, including instrument transformers, shall be installed or placed in service unless it has been tested, certified and sealed by the ERC. All watt-hour meters regardless of make and type before being placed in service must be adjusted to as close as possible to the condition of zero error.
The method provided in the Standard Rules and Regulations Governing the Operation of Electric Power Services (ERB Resolution 95-21, as amended) shall be used in the determination of average error.
The ERC seal is a warranty that (1) the meter is an acceptable or accepted type and (2) that it operates within the allowable limits of tolerance.
The consumer has a right o demand the production of the meter test report containing the findings of the authorized person who tested the said meter.
Article 10. Right to a Refund Overbillings. – The customer has the right to a refund in cases of overbilling by the distribution utility arising from a meter testing showing that the said meter was fast without any evidence of tampering.
In the event that a meter in service is found to have an average error of more than the tolerance of plus two percent, the customer is entitled to a refund, for a maximum period of six (6) months prior to the date of discovery, to be applied to the customer’s future billings.
Article 11. Right to a Properly Installed Meter. – The customer has the right to a meter installed in a clean place free of vibration and where it will be easily accessible and visible for reading and tesing by both the distribution utility and the consumer. Under no condition should meters be located behind doors or where they can easily broken or jarred by moving furnitures or equipment. Meters shall be located on the outside wall of the building or private pole and shall not be more than three (3) meters nor less than 1.52 meters mounting height from the surface on which one would stand to repair or inspect the meter.
Meters may be located in other areas based on justifiable reasons.
A customer shall bear the cost of relocation of his electric watthour meters under the following circumstances:
1. The customer requests for the relocation of his electric watthour meter, for reasons other than those provided for in the first paragraph; or
2. The meter installation fails to meet the conditions under the first paragraph resulting from improvements done on the customer’s premises, thereby necessitating such relocation.
All other relocations of the meter shall be borne by the electric utility.
Article 12. Right to a Meter Testing by Electricity Utility and/or ERC. –
A customer has the right to require the distribution utility to test, once every two (2) years, free of charge, the accuracy of the meter installed in his premises making use of a meter standard duly tested and sealed by the ERC.
If the customer requests for meter testing more than once every two years and the meter being tested is found to be within the tolerable limit as provided for in Article 9 hereof, the utility may assess the customer a testing fee based on the testing fee charged by the ERC. A written report showing the result of such test shall be furnished the customer.
The customer may also request the ERC to conduct a meter test, subject to the payment of a fee prescribed under the approved ERC Schedule of Fees and Charges.
In case the meter is found to be inaccurate, the customer may demand the replacement of the said meter or have the ERC calibrate the said meter to restore its accuracy closest to the condition of zero (0) error. The provision on refund or billing adjustment due to inaccurate meters shall apply as appropriate.
Article 13. Right to a Prompt Investigation of Complaints;
Customer Dealings. – Distribution utilities shall record and promptly investigate all complaints referred to them concerning their services.
The distribution utility must furnish the complainant a report of the action/s taken thereon within the period stated in the distribution utility’s Compliance Plan as provided for in the Philippine Distribution Code. In the absence of such pan, the report must be made within fifteen (15) days from receipt of the complaint.
In case of disagreement between the distribution utility and the customer, the latter may fie a complaint with the ERC in accordance with Article 27 of this Magna Carta.
In dealing with their customers relative to electric power services, all officers, employees and agents of distribution utilities must properly and conspicuously display their identification cards at all times.
Article 14. Right to Extension of Lines and Facilities. – A consumer located within thirty (30) meters from the distribution utilities’ existing secondary low voltage lines, has the right to an extension of lines or installation of additional facilities, other than a service drop, at the expense of the utility in as much as said assets will eventually form part of the rate base of the private distribution utilities, or will eventually form part of the rate base of the private distribution utilities, or will be sourced from the reinvestment funds of the electric cooperatives. However, if a prospective customer is beyond the said distance, or his demand load requires that the utility extend lines and facilities, the customer may initially fund the necessary expenditures.
To recover his aforementioned expenditures, the customer may either demand the issuance of a notes payable from the distribution utility or refund at the rate of twenty-five (25) percent of the gross distribution revenue derived for the calendar year, or if available, the purchase of preferred shares.
Revenue derived from additional customers tapped directly to the poles and facilities so extended shall be considered in determining the revenues derived from the extension of facilities.
When a developer initially paid the cost of the extension of lines to provide electric service to a specific property and incorporated these expenses in the cost thereof, and that properly was purchased and transferred in the name of the registered customer, the latter shall be entitled to the refund of the cost of the extension of lines, and exercise the options for refund provided in this article.
If the cost of the extension of lines or installation of additional facilities was funded gratuitously by other persons for the benefit of the customer, this provisions shall not apply.
In this connection, all concerned utilities shall furnish the Commission a semi-annual report of the names of customers who made the aforementioned cash advances, the amount of the cash advance and the mode or refund.
Article 15. Right to Information; Scheduled power Interruptions. – In order to increase consumer awareness, all offices of distribution utilities must provide a Consumer Bulletin Board where major announcement/documents issued affecting consumers will be posted. Furthermore, they establish communications facilities, including but not limited to a customer hotline and Short Messaging Service (SMS), to cater exclusively to their customers.
Major announcements/documents shall include, but not be limited to, rate schedules and any changes thereon; other service charges; terms and conditions of service; standard rules and regulations governing the operation of distribution utilities; general information on metering, including but not limited to the manner in which meters are read and description of method used in reading; decisions and orders of the ERC.
When there are two or more authorized schedules of rates applicable to a customer, the distribution utility should accordingly advise said customer in writing and apply the rates which are most beneficial to the customer.
At least two (2) days before a scheduled power interruption, a distribution utility must announce the same to its customers through print, or other mass or interactive media. In remote areas where such media are inaccessible, the distribution utility must set up a Bulletin Board where announcements of scheduled power interruptions will be posted in an area that could easily be seen by its customers, preferably along roadsides or in front of the entrance to the City/Municipal Hall or Public Market.
Article 16. Right to a Transparent Billing. – Bills to service customers shall conform with the format as approved by the ERC. The current formats approved by the Commission are shown in Annexes A and B of this Magna Carta.
Article 17. Right to a Monthly Electricity Bill. – Bills shall be delivered monthly to the customer by the distribution utility in accordance with the applicable rate schedule. Said bills shall be payable to authorized collectors, the collection office, authorized agents/entities or at its authorized banks.
Notwithstanding the provisions of the foregoing paragraph, no violation of the provisions of this Magna Carta is committed by the distribution utility in reading its customers’ meters beyond the maximum allowable time provided for in Article 2(h), Provided that such inability to read on time was due to a fortuitous event and, that the meter reading is done immediately after the said fortuitous event ceases to exist.
Should the period covered in the electric bill exceed the number of days provided for in this Magna Carta, the distribution utility shall nevertheless provide the applicable subsidy for that consumption level due to the customer as if the meter had been read within the maximum allowable period.
The distribution utility shall safely keep the duplicate, electronic or otherwise, or office stub of the bills used and shall not be destroyed within five years without authority from the Commission. (To be continued on the next issue) /MP mailto:madyaas_pen@yahoo.com
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