ERB Resolution No. 95-21

 

 

STANDARD RULES AND REGULATIONS GOVERNING THE OPERATION OF ELECTRIC POWER SERVICES

 

WHEREAS, the rules and regulations governing the operation of public services, particularly the electric power services are embodied in Revised Order No. 1 which was approved by the then Public Service Commission (this Board’s predecessor office) way back on November 27, 1941;

 

WHEREAS, economic conditions have, since that time, changed, not to mention the technological developments that have occurred in the electric power industry;

 

WHEREAS, this Board has considered the advisability of revising the said rules and regulations to make them more responsive to current conditions and needs in the said industry.

 

NOW, THEREFORE, be it resolved, AS THIS BOARD HEREBY RESOLVES, to amend Revised Order No. 1, particularly the rules and regulations therein pertaining to the operation of electric power services, and to prescribe, AS THIS BOARD HEREBY PRESCRIBES, the following:

 

SECTION 1.  Title.  – This Resolution shall be known as the Standard Rules and Regulations Governing the Operation of Electrical Power Services.

 

SEC. 2.  Applicability.  – The following rules and regulations shall cover all electric power utilities under the supervision, control and jurisdiction of the Energy Regulatory Board, as applicable.

 

The term “electric utility” shall include every person, whether natural or juridical, their lessees, trustees or receivers, as well as municipalities, provinces and cities engaged in the operation of electric power service in the Philippines, for hire or compensation, with general or limited clientele, whether permanent or occasional.

 

SEC. 3.  Observance. – Every electric power utility shall observe and comply strictly with all the terms and conditions prescribed in its Certificate of Public Convenience and Necessity (CPCN), rules and regulations, memoranda, orders and circulars of the Board, the laws of the Philippines, provincial resolutions, city or municipal ordinances and any other rules or regulations issued by any competent authority, and in case of a grantee of franchisee, with the terms and conditions thereof.

 

SEC. 4.  Service.  – Every electric power utility under the supervision, control, and jurisdiction of the Board shall operate, maintain, and provide safe, reliable, adequate, efficient and continuous electric service.

 

SEC. 5.  Information and Assistance to Customers.  – Every electric utility shall, upon request, give its customers, copy furnished ERB, all information and assistance pertaining to its service in order to provide said customers reliable, efficient and economical service.

 

SEC. 6.  Service Connection.  – It shall be mandatory for the electric utility to extend electric service after customer’s full compliance with the electric utility’s requirements.

 

The connection of the electric utility’s service lines and meters with the customer’s premises shall be free of charge.  The point of service connection shall be designated upon agreement by the electric utility and the customer.

 

The relationship of the electric utility and the consumers shall be governed by an application/service contract containing the terms and conditions duly approved by the Board.

 

It shall be unlawful for any electric utility to give undue preference or make unjust discrimination in its service.

 

SEC. 7.  Commercial or Business Name.  – No electric utility shall adopt a commercial or business name without first securing approval of the Board.

 

SEC. 8.  Authorized Equipment.  – Every electric utility shall install in its plant only the generating or producing unit(s) and/or distribution equipment authorized in its CPCN or those that may be subsequently authorized by the Board.

 

No electric utility shall increase, substitute or withdraw from the service any of its authorized equipment and/or machinery without the prior authority from the Board.

 

SEC. 9.  Fictitious Registration of Equipment.  – It shall be unlawful for any electric utility to cause, allow or in any other manner help or consent to the registration in its name, fictitiously, surreptitiously or otherwise of any equipment belonging to another person and/or to cause, allow or in any other manner, help or consent to the operation of said equipment under its CPCN.

 

SEC. 10.  Construction, Operation and Maintenance of Electric Plant.  – The electric plant which includes:

 

(a)        Power Plant

 

(b)        Transmission and Distribution Lines

 

(c)        Substations

 

(d)       Overhead system, poles, lines, transformers, etc.

 

(e)       Underground systems, including power and communication cable manholes, conduits, etc.

 

(f)        Street Lighting System

 

(g)       Service wires and attachments

 

(h)       Meters and instruments

 

(i)        Control and communication facilities (SCADA)

 

shall be constructed, installed, operated and maintained in accordance with the provisions of the Philippine Electrical Code and the rules and regulations that may be issued by the Board in relation thereto.  In the absence of applicable provisions in the Philippine Electrical Code, the provisions of the U.S. Bureau of Standard National Electrical Safety Code shall apply.

 

SEC. 11.  Equipment at Generating Station.  – Every electric utility shallinstall and maintain at its generating station(s) the following:

 

(1)      Watt-hour meter(s) to record the kilowatt-hours generated by each generating station.

 

(2)      Watt-hour meter(s) to record the kilowatt-hours purchased from other sources.

 

(3)      Indicating or graphic wattmeters to indicate or record the load in kilowatts of each generating unit at any particular time.

 

(4)      Either indicating or graphic wattmeters to indicate or record the load in kilowatts at any particular time of the territory served.

 

(5)      Voltmeter(s) to indicate the potentials of the buses.  The voltmeter(s) installed in Alternating Current (AC) stations shall be so connected as to indicate the potential on each phase.

 

(6)      Ammeter(s) to indicate the current in each generating unit and each feeder.  The ammeter(s) installed at AC stations shall be so connected as to indicate the current in each phase.

 

(7)      Frequency meter(s) to indicate the frequency in AC stations of more than 100 kw capacity.

 

(8)      Power factor meter or VAR meter for AC stations with generating units of over 100 KVA capacity each.

 

(9)      Automatic voltage regulator for central stations of 251 KW capacity or more.

 

(10)    Overcurrent relay, under/over voltage relay, synchronizing device, reverse power relay and under/over frequency relay.

 

(11)    And other instruments, safety devices and controls that may be necessary to determine the operating characteristics and for voltage control and safe operation of the plant.

 

SEC. 12.  Equipment at Substations.  – Every electric utility taking power from a transmission line shall install in it s authorized territory at the receiving end:

 

(1)      Watt-hour meter(s) to register the total kilowatt-hours delivered.

 

(2)      Indicating or graphic wattmeter or meters to indicate or record the load.

 

(3)      Voltmeter(s) to indicate the potentials of each phase of the circuit(s) feeding the territory.

 

(4)      Ammeter(s) to indicate the current in each phase of the circuit(s).

 

(5)      And other instruments, safety control and devices that may be necessary to determine the demand characteristics and the voltage control in the authorized territory.

 

SEC. 13.  Testing of Station and Substation Meters.  – All station and substation meters and instruments used for billing purposes shall be inspected by the authorized representative of the Board at least once every two years for testing purposes.

 

Each instrument shall at all times be accompanied by a test report issued by the Board showing the findings and corrections made at various readings and the date of last calibration.

 

SEC. 14.  Watt-hour Meter Standard.  – Every electric utility furnishing metered electric service shall maintain, to check customer’s watt-hour meter, at least one watt-hour meter standard which shall be calibrated by the Board at least once a year.

 

SEC. 15.  Portable Indicating and Recording Voltmeters.  – Every electric utility shall provide itself with at least one portable indicating voltmeter.  Utilities serving more than 500 customers are further required to have at least one recording voltmeter which shall be placed in continuous service at its power plant or office.

 

SEC. 16.  (a) Nominal Voltage and Voltage Regulation.  – Every electric utility shall adopt and file with this Board a standard voltage as its nominal voltage for its entire secondary distribution systems.  The voltage across the main service entrance switch, as installed for each customer or group of customers, shall be maintained as follows:

 

(1)      For service rendered under a lighting contract or primarily for lighting purposes, between sunset and 11:00 o’ clock p.m., the variation in voltage shall not be more than five percent (5%) plus or minus of the nominal voltage adopted.  The voltage regulation shall not exceed 6%.

 

(2)      For service rendered under a power contract or primarily for power purposes, the voltage variation shall not exceed ten percent (10%) above or below the nominal voltage at any time when the service is furnished.

 

(3)      A greater variation of voltage than that specified above may be allowed in case of emergency service or in a certain area where the customers are widely scattered and the business done does not, in the judgment of the Board, justify close voltage regulation.

 

   (b)   Exceptions.  – Variations in voltage in excess of those specified, caused (1) by the operation of power apparatus on customer’s premises which necessarily requires large starting current, (2) by the action of the elements, and (3) infrequent and unavoidable fluctuation of short duration due to station operation, shall not be considered a violation of this section.

 

SEC. 17.  Standard Frequency and Allowable Variation.  – Every electric utility supplying AC shall adopt the standard frequency of sixty (60) Hertz and shall maintain said frequency reasonably constant so that its variation shall not exceed one (1) Hertz above or below the standard frequency, at all times.  Infrequent and unavoidable fluctuations of short duration due to station operation or caused by the elements or by frequency variation caused by sources(s) not within the control of the utility shall not be considered a violation of this Section.

 

SEC. 18.  Log Book.  – (a) Every electric utility shall keep a log book in its generating stations and shall record therein:

 

(1)      Time of starting and stopping of each generating unit.

 

(2)      Time of switching on and off of each feeder.

 

(3)      Daily reading of watt-hour meter.

 

(4)      At least quarter hourly reading of wattmeters, voltmeters and ammeters during the three consecutive hours of heavy load each day, and at least hourly readings during the remainder of the day; also the time and magnitude of station peak load each day.

 

(5)      Interruptions of service, indicating the time, duration, extent, and cause of each of each interruptions.

 

(6)      The daily consumption of lubricating oil and fuel (bunker fuel oil; special fuel oil; ADO etc.).  Fuel waste shall likewise be indicated in the logbook.

 

   (b)            Every electric utility taking power from a transmission line shall keep a log book at its receiving end (substation) showing:

 

(1)      Time of switching on and off of each feeder.

 

(2)      Daily readings of watt-hour meter(s) to show kilowatt-hours delivered.

 

(3)      At least quarter-hourly reading of load during the three consecutive hours of heaviest load each day, and at least hourly reading during the remainder of the day; also the time and magnitude of maximum demand.

 

(4)      At least quarter-hourly readings of the voltmeters and ammeters of each feeder during the three consecutive hours of heavy demand each day and at least hourly readings during the remainder of the day.

 

(5)      Interruption of service, indicating the time, duration, extent, and cause of each interruption.

 

(6)      Log book shall be signed by the person in charge and shall not be removed from the switchboard site or room.

 

SEC. 19.  Poles, Sag of Wires.  – No pole located on or near a public place shall have a one-way sweep exceeding three percent (3%) of its total length and all horizontal wires attached to it shall be pulled up so that their sag shall not be greater than those allowed by the Philippine Electrical Code (three percent (3%) of the distance between poles).

 

SEC. 20.  Identification of Poles, Tower, etc.  – Poles, towers, structures, and transformers shall be marked and numbered by the electric utility to facilitate identification.

 

SEC. 21.  Advice to Customers on Rates Applicable.  – A copy of the rate schedule and the terms and conditions of service shall be furnished to the new customers.  Existing customers shall be informed of any changes in new rates through print/media.  Where there are two or more authorized schedules of rates applicable to a customer’s conditions, the electric utility should accordingly advise in writing said customer and apply the most advantageous schedule of rates.

 

SEC. 22.  Deposits and Charges.  – All bill deposit from all residential and non-residential customers to guarantee payment of bills shall be required of new and/or additional service.  The amount of the bill deposit shall be equivalent to the estimated monthly billing.

 

A meter deposit equivalent to one-half (½) of the current cost of the electric meter and other equipment appurtenant thereto shall be required.

 

The bill and meter deposits which shall be refunded within one month from termination of service shall bear interest at the rate of ten percent (10%) per annum, refundable on customer’s request upon termination of service provided that metering facilities are returned in good condition, and all accounts in the name of the customer shall have been paid.  The amount of refund shall be based on the customer’s copy of the receipts or the utility’s record thereof.

 

SEC. 23.  Extension of Lines and Facilities.  – In the event it would require, in order to serve a prospective customer, to extend lines and/or install additional facilities other than service drop, the electric utility as franchise holder shall extend the lines or install the facilities at its own expense, inasmuch as said assets will form part of its rate base.

 

SEC. 24.  Location and Maintenance of Electric Utility’s Equipment.  – The electric utility shall have the right, if necessary to construct its poles, lines and circuits and to place its transformers and other apparatus on the property or within the buildings of the customer, at a point or points convenient for such purpose, and the customer shall further grant the right to the use of suitable space for the installation of necessary metering equipment in order that such equipment will be protected from damage by the elements, or through the negligence or deliberate acts of any person(s).  When the delivery of energy for separate buildings or premises is desired/necessary, a separate contract between customers and utility shall be required for each point of delivery.

 

In case the public utility, pursuant to this section, erects poles and lines on the property of a customer in order to be able to service him, it shall, upon payment of just compensation to the latter, also have the right to connect to said poles and lines any neighbor or neighbors of said customer, who may thereafter also apply for service connections and who cannot otherwise be connected or reached.

 

SEC. 25.  Service Drop.  – An electric service drop is defined as the wires with the necessary supporting structure between the distribution lines of the electric utility and the service entrance.

 

All connections and disconnections of service shall be made by the electric utility.

 

Only one service drop shall be installed for each individual building, except as allowed in the Philippine Electrical Code, duly certified by a government authority.

 

The service drop shall normally be connected at the electric utility’s pole carrying electric service facilities nearest the applicants premises and shall not exceed thirty (30) meters in length.  Length of service drop is defined as the distance from the pole to the nearest point of attachment or connection.

 

The service bracket shall be supplied and installed by the electric utility in all cases except where it is to be attached to a building of masonry construction.  In case of attachment to masonry construction, the contractor shall secure the bracket which is issued by the electric utility and install it during the process of construction.

 

SEC. 26.  Service Entrance.  – Service entrance is defined as that portion of the customer’s wiring including all necessary conduits, cables and accessories which extends from the customer’s main entrance switch and/or electric utility’s metering equipment to and including the point of attachment to the electric utility’s service drop on the outside of the building.  It is preferred that there be only one service entrance for each building.

 

If service entrance cable id not used, service entrance conductors shall be contained and be properly installed in weatherproof armored cable, rigid conduit or type BXL flexible conduit.

 

The outside terminal of the customer’s service entrance must be located so as to enable connection to the service drop at a point nearest to the electric utility’s existing or proposed electric service facilities.

 

Service entrance (cable or conduit) shall be exposed on the outside of the building and shall be in one continuous run from the service drop terminal to the meter, except for large installations whose single or combined kilowatt demand has been determined by the electric utility to require installation of instrument transformers, in which case the service entrance may be concealed.  The instrument transformers and metering channel, which are part of the metering facilities, are to be furnished by the electric utility.  The line side of the service entrance must be separated from the load side as abovementioned.  All conductors in the line side of the service entrance including the neutral wire shall be installed in one conduit, rigid or flexible (type BXL only).  The service entrance shall terminate near the point of connection to the service drop with no less than two (2) feet of wire extended outside the weatherhead.

 

In cases of “accessoria” wiring, the service entrance cable or conduit shall be installed in the same manner as for other building particularly emphasizing the fact that the entrance cable or conduit be exposed or seal-type “accessoria” boxes without fuses shall be used for each separate service connection or group of service connections.

 

Proper fittings shall be used in joining the cable or conduit to the junction box.

 

The electric utility shall not require existing open wiring service entrance to be changed or replaced with service entrance cable or conduit installation except when there is remodeling of existing installation and/or in cases of proven current diversion in the customer’s premises.

 

Service entrance shall meet the requirements of the Philippine Electrical Code (PEC) or local and national government ordinances.

 

SEC. 27.  Service Switches or Breakers.  – A safety switch or circuit breaker duly approved by the authorized government agency must be installed on the load side of the meter.  All safety switches must be externally operated with fuses electrically “dead” when the switch is in the “off” position.

 

SEC. 28.  Underground Service.  – (a) Residential – Underground residential service, including the pole on which said service is terminated, shall be provided, installed and maintained by the customers in accordance with the specification(s) prescribed by the PEC.

 

(b)      Commercial and Industrial – Installation of any underground facilities shall be subject to the prior agreement between the customer and the electric utility.

 

SEC. 29.  Grounding.  – In case of three (3)-wire single-phase service, the neutral conductor of each service entrance shall always be grounded to an existing underground water system in accordance with the PEC.  Driven grounds or their equivalent shall be accepted only where an underground water system is not available in or near any wired building on the premises.

 

SEC. 30.  Meter Installations.  – All metering equipment shall be furnished and installed by the electric utility.  Current transformer cabinets and gang mounting channels where required will be furnished by the electric utility and installed by the applicant at a location specified by the electric utility.  The applicant shall furnish and install meter boards, where required.

 

The meter must be installed in a clean place free from vibration and where it will be easily accessible for reading and testing.  Under no condition should meters be located behind doors or where they can be easily broken or jarred by moving furniture 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.

 

Generally, meters shall be installed on the ground floor in suitable space and on a suitable mounting for large commercial and apartment buildings.  However, upon request by the customer, the electric utility may allow location of meter(s) other than the ground floor provided that meter(s) are to be installed and located at a common place accessible to electric utility’s personnel for inspection, reading and maintenance purposes at anytime and a main check meter installed at a location specified by the electric utility to measure the total electric consumption of the building.  All service entrance and other electrical facilities after the main check meter, except electric utility meters, shall be owned and maintained by the customer.  Space and mounting shall be adequate to accommodate all metering facilities.  Individual cutouts and /or switches shall be at least one (1) meter of clear space in front of the meter(s).  The electric utility shall be consulted prior to the wiring installation in large buildings.

 

The applicant shall secure from the electric utility upon presentation of necessary Electrical Wiring Permit, detachable meter sockets.  Meter sockets shall be installed in accordance with electric utility specifications.  When the demand of an installation is more than forty (40) kilowatts or where service entrance is larger than AWG 4/0 or 107.22 mm2 wire, the meter installation may include instrument transformers furnished by the electric utility.  For all installations of forty (40) kilowatts and over, the electric utility shall be consulted before construction is started.

 

SEC. 31.  Applicability of the Philippine Electrical Code.  – The foregoing provisions of Section 25 to 30 should not be in conflict with existing provisions of the Philippine Electrical Code otherwise the latter rules shall apply.

 

SEC. 32.  General Information on Metering.  – Every electric utility shall inform its customers of the manner in which meters are read, either by printing on its bills for each service, a description of the method used in reading meters, by distributing booklets describing such method, or in any other suitable manner.

 

Each service meter shall indicate clearly the units of service for which charge is made to the customer.  In case the dial reading of the meter must be multiplied by a constant to obtain the units of service, the constant to be applied shall be clearly marked on the face or dial of the meter.  Where the quantity of service is determined by calculation from the reading of the meter, the electric utility shall upon request supply the customer with such information as will show clearly the method of determining the units of service rendered.

 

Every electric utility shall instruct its meter reader when reading periodically the meter installed in the premises of a customer, to leave in such premises a card, showing thereon the date of reading, the reading made and the total consumption expressed in units of service used, as read by the meter reader, and the signature or initials of the meter reader.

 

The meter and metering equipment are the sole property of the electric utility and any changes in their location or arrangements shall be made by the electric utility.

 

SEC. 33.  Testing and Sealing of Meters by the Board.  – No meter shall be placed in service unless it has been tested, certified and sealed by the Board.

 

The ERB seal attached to the meter by the Board is a warranty (1) that the meter is an acceptable or accepted type and (2) that it operates within the allowable limits of tolerance.

 

SEC. 34.  Test of Customer’s Meter by the Electric Utility.  – Every electric utility shall, upon request of a customer, make a test free of charge of the accuracy of the meter installed in his premises.  A written report giving the result of such test shall be furnished the customer and the Board.

 

SEC. 35.  Watt-hour Meter Accuracy Requirements.  – (a) No watt-hour meter that has an incorrect register constant, gear ratio, register ratio or dial train, or that registers on no load (“creeps”) shall be placed in service or shall be allowed to remain in service without adjustment and correction.  Register constant is the factor used in conjunction with the register reading in order to ascertain the total amount of electrical energy in kilowatt-hours that has passed through the meter.  Watt-hour constant is the registration of one revolution of the rotating element expressed in watt-hours.  Gear ratio is the number of revolutions to the rotating element for one revolution of the first dial pointer.  Register ratio is the number of revolutions of the wheel meshing with the worm or pinion on the rotating element for one revolution of the first dial pointer.  “Dial train” is the term applied to all the gear wheels and pinions used to interconnect the dial pointers.  A meter in service “creeps” when, with all load wires disconnected, the moving element makes one complete rotation in twenty minutes or less.

 

(b)      All watt-hour meters before being placed in service, must be adjusted as closely as possible to the condition of zero error.  The tolerance of plus or minus two percent (± 2%) is hereby fixed to allow for necessary variations, but watt-hour meters shall not be adjusted merely to be within this tolerance.

 

(c)       No watt-hour meter that has an error in registration of more than plus or minus three percent (± 3%) at any load shall be allowed to remain in service.

 

SEC. 36.  Determination of Average Error.  – In tests made by the Board or the electric utility, the average error of a meter shall be determined by the following method:

 

Ea = 0.3ELL + 0.7EFL

 

Where Ea is the average Error, ELL is the error at light load, EFL is the error at full load.

 

Provided, however, That at the request of the customer or in referee cases, this method may be modified by admitting tests at a third load, if, and when in the opinion of the Board, such load is more representative of the ordinary use of the meter, in which case, the average error shall be determined as follows:

 

Take one-fifth (1/5) of the algebraic sum of (1) error at the light load, (2) three times the error at normal load, (3) the error of full load.

 

In both methods, light load shall be taken from five (5) to ten (10) percent of the rated test amperes of the meter, and full load, not less than sixty percent (60%) nor more than one hundred percent (100%) of the rated test amperes of the meter.

 

For normal load the following percentages of the several classes of full-connected installations may be used:

 

 

Percent

 

Residence and apartment lighting

 

25

 

Elevator Service

 

40

 

Factories (individual drive), theaters, club, hallways, entrance, and general store lighting

 

60

 

Restaurants, pumps, air compressors, ice machines, and moving picture theaters

 

70

 

Sign and window lighting, blowers and battery charging

 

100

 

 

SEC. 37.  Record of Meter.  – Every electric utility shall keep an adequate record of each meter showing (1) make, type and identification marks and/or number of meter, (2) names and addresses of customers, dates when meter installed or removed, (3) adjustment or repair made, and (4) Board certification dates.

 

SEC. 38.  Register of Assets.  – Every electric utility shall keep a comprehensive register of assets, indicating installation date, condition and refurbishment.

 

SEC. 39.  Schedule of Rates.  – Every electric utility shall be strictly governed in its charges by the schedule of rates prescribed by the Board and shall not change, alter, or in any manner modify the same without prior authority of the Board and shall post a copy thereof in a conspicuous place at its office.

 

SEC. 40.  Service Charges.  – The service charges to be collected by the electric utility shall be subject to the prior approval of the Board.

 

SEC. 41.  Use of Energy by Customers.  – The rate schedules for electric energy of each electric utility are classified by the character of use of such energy.

 

No additions to the load connected to the service connection, transformers, meters and devices supplied by the electric utility for each customer having a definite capacity, shall be allowed except by written consent of the electric utility.  This restriction only applies to utilities whose terms and conditions of service contract forms between customer and operator imposes no such restriction.

 

SEC. 42.  Bills for Metered and Flat Rate Service.  – Bills to metered service customers shall be rendered at reasonably regular intervals and shall show at least the date upon which the meter was last read, the reading of the meter on that date, the number and kinds of units supplied, reference to the schedule of rates applicable and the amount of the bill.

 

Bills to flat rate service customers shall be rendered at reasonably regular intervals and shall show the period for which the bill is rendered, reference to the schedule of rates applicable and the amount of the bill.  The number and kinds of units for which a flat rate bill is rendered shall also be known on the bill.

 

There shall be shown on the bill such additional factors other than those contained in the schedule of rates, as may be necessary in computing the bill.  It shall be indicated on each bill that copies of the schedules of rates applicable will be furnished by the electric utility upon request.

 

SEC. 43.  Payment of Bills.  – Every electric utility may require that bills for service may be paid within a specified time after rendition.  When the billing period covers a month or more, the minimum time allowed will be ten (10) days unless a longer period is specified and upon expiration of the specified time, service may be discontinued for the non-payment bills.

 

Bills will be rendered by the electric utility to the customer monthly in accordance with the applicable rate schedule.  Said bills are payable to collectors, collection office of the area where the customer resides or at its authorized banks within ten (10) days after customer’s receipt of the said bills, unless a longer period is allowed.  The word “month” as used in herein and in the rate schedule is hereby defined to be the elapsed time between two succeeding meter readings approximately (30) days apart.  In the event of stoppage or the failure of any meter to register the full amount of energy consumed, the customer shall be billed for such period on an estimated consumption based upon his average use of energy for the immediately preceding six-month period of like use or the registration of a check meter subject to the approval of the Board, except when the utility and the customer do not agree on such bill, in which case, the Board shall resolve the same.

 

SEC. 44.  Receipts.  – Every electric utility operator shall issue to its customers receipts which shall be in the form or model prescribed by the BoardProvided, however, That the electric utility operator must submit a sample of said receipts for the approval of the Board before adopting the same in its service.

 

It shall safely keep the duplicate or office stub of the receipts used and shall not destroy them within five (5) years without authority from the Board.

 

SEC. 45.  Electric Utility’s Liability.  – Every electric utility shall use reasonable diligence in furnishing a regular and uninterrupted supply of energy, but in case such supply should be interrupted or should fail by reason of an act of God, the public enemy, accidents, strikes, riots, legal process, national or local interferences, failure of supply from generation source for any reason or extraordinary repairs/replacements, the electric utility shall not be liable for damages.

 

The electric utility shall not be liable to the customer for any loss, injury or damage resulting from the customer’s use of equipment or from the use of energy of the electric utility from the connections of the electric utility’s wires with the customer’s wire and appliances, in case of negligence on the part of the customer.

 

The electric utility shall provide and maintain in proper operative condition the necessary line or service connections, transformers (when same are stipulated by the conditions of the contract between the parties thereto), meters and other apparatus which may be required for the proper measurement of and protection to its service.  All such apparatus shall be and remain the property of the electric utility.

 

SEC. 46.  Authority to Enter Customer’s Premises.  – The customers should allow the employees and/or representative of the electric utility to enter their premises for the purpose of inspecting, installing, reading, testing, removing, replacing, or otherwise disposing of its apparatus and property, and/or removing the electric utility’s entire property in the event of the termination of the termination of the contract for any cause.

 

Only authorized employees of the electric utility showing proper identification card shall be allowed to make any external adjustments of any meter or any internal or external adjustments of any other pieces of apparatus owned by the electric utility.

 

SEC. 47.  Suspension or Change of Service.  – Every electric utility shall serve notice to the public in advance of any proposed suspension or change to be made in the service that would affect the utilization, efficiency, and/or safety of any installation, appliances, equipment, etc., used by any customer.  In case such suspension exceeds twenty-four (24) hours, the utility should first obtain authority therefor from the Board.

 

SEC. 48.  Refusal or Discontinuance of Service.  – An electric utility shall not refuse or discontinue service to an applicant, or customer, who is not in arrears to the electric utility, even though there are unpaid charges due from the premises occupied by the applicant, or customer, on account of unpaid bill of a prior tenant, unless here is evidence of conspiracy between them to defraud the electric utility.

 

Service may be discontinued for the nonpayment of bills as provided for in Section 43 hereof, provided that a forty eight (48)- hour written notice of such disconnection has been given the customer:  Provided, however, That disconnections of service shall not be made on Fridays, Saturdays, Sundays and official holidays:  Provided, further, That if at the moment of disconnection is to be made, the customer tenders payment of the unpaid bill to the agent or employee of the electric utility who is to effect the disconnection, the said agent, or employee shall be obliged to accept tendered payment and issue a temporary receipt for the amount and shall desist from disconnecting the service.

 

The electric utility may discontinue service in case the customer is in arrear(s) in the payment of bill(s).  Any such suspension of service shall not terminate the contract between the electric utility and the customer.  In case of arrear(s) in the payment of bill(s), the electric utility may discontinue the service notwithstanding the existence of the customer’s deposit with the electric utility, which will serve as guarantee for the payment of future bill(s) after service is reconnected.

 

SEC. 49.  Reconnection of Service.  – The electric utility shall reconnect service after the customer has settled his arrears/obligations with the electric utility and/or complied with government and electric utility’s requirements.

 

SEC. 50.  Investigation of Complaints.  – Every electric utility shall, within twenty-four (24) hours, make a prompt investigation of all complaints referred to them concerning the service.

 

SEC. 51.  Investigation, Inspection, Examination and Test.  – The Board, may at any time, conduct an inspection and investigation of the operation of any electric utility or an examination and test of any equipment operated for electric service.  The refusal, obstruction or hindrance by the electric utility or any of its employees to the investigation or inspection of its service or examination or test of any of its equipment shall constitute a violation hereof.

 

SEC. 52.  Accident Report.  – Every electric utility shall keep a record, in chronological order, of all accidents that may occur in connection with its operation, their nature, causes and consequences, and the measures taken to avoid their recurrence.  A detailed report of all accidents shall be submitted to the Board on or before the tenth (10th) day of each month.  Accidents which result in death or physical injuries shall be reported to the Board within twenty four (24) hours from their occurrence.

 

SEC. 53.  Accounts.  – Every electric utility operator shall keep such accounts, books and other records as are necessary to afford an intelligent understanding of its business.  If a uniform system of accounting is prescribed by the Board for the electric industry, the said system shall be observed.  Every electric utility shall keep its books of accounts by the double entry method.

 

SEC. 54.  Depreciation.  – Every electric utility shall set aside annually from its earnings an amount for depreciation purposes which shall be subject to revision by the Board and shall keep amount in a depreciation fund which shall be spent only in accordance with Commonwealth Act No. 146, as amended, otherwise known as the Public Service Act.

 

The Board shall fix and determine the proper and adequate rates of depreciation of the property of the electric utilities under its jurisdiction which will be observed in a proper and adequate depreciation account to be carried for the protection of stockholders, bondholders or creditors in accordance with such rules, regulations and form of account as the Board may prescribe.  Said rates shall be sufficient to provide the amounts required over and above the expense of maintenance to keep such property in a state of efficiency corresponding to the progress of the industry.  Each electric utility shall conform its depreciation accounts to the rates so determined and fixed.

 

SEC. 55.  Submission of Monthly Statistics and Annual Report.  – Every electric utility shall submit to the Board on or before the 30th day of each month the statistics on electric power operations and automatic adjustment clause computations (power costs adjustment, fuel cost adjustment, currency exchange rate adjustment and other cost adjustments approved by the Board) together with the supporting documents corresponding to the previous month in accordance with the prescribed form.

 

Likewise, the electric utility shall file with the Board on or before May 31st of every year a detailed report of its finances and operations corresponding to the previous year, in accordance with the form prescribed by the Board.  Said annual report shall be based on audited financial statement.

 

SEC. 56.  Sworn Statement.  – Each electric utility shall, within thirty (30) days immediately following the date of publication of this “Standard Rules and Regulations Governing the Operation of Electric Utilities” or in the case of a new electric utility, within thirty (30) days after the granting of a CPCN in its favor, submit to the Board the sworn statement required in paragraph (i) of Section 17 of Commonwealth Act No. 146, as amended.

 

SEC. 57.  Copy of Standard Rules and Regulations Governing the Operation of Electric Utilities.  – Every electric utility under the jurisdiction and control of the Energy Regulatory Board must keep on file in its offices a copy of this Standard Rules and Regulations.

 

SEC. 58.  Violation.  – Violation of any provision of this Standard Rules and Regulations shall be subject to the penalty which the Board may impose in accordance with law.

 

SEC. 59.  Repealing Clause.  – This Standard Rules and Regulations supersedes and revokes Public Service Commission’s Revised Order No. 1, adopted on November 27, 1941 and all other rules and regulations inconsistent herewith.

 

SEC. 60.  Effectivity.  – This Standard Rules and Regulations shall take effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation in the country.

 

So Ordered.

 

Pasig, Metro Manila, August 03, 1995

 

 

 

REX V.  TANTIONGCO

Chairman

 

 

 

OSCAR E.  ALA

Member

 

 

 

BAYANI V.  FAYLONA

Member

 

 

 

ARNALDO P.  BALDONADO

Member

 

 

EDWARD C.  CASTAÑEDA

Member

 

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