Republic of the Philippines ENERGY REGULATORY COMMISSION San Miguel Avenue, Pasig City IN THE MATTER OF THE VIOLATION OF ERC ORDERS, RULES AND REGULATIONS ERC CASE NO. 2005-048 MC PUBLIC UTILITIES _ DEPARTMENT - OLONGAPO GITY (PUD-OLONGAPO) Respondent. Xo eee eee e eee ee ee eee eee eee x DECISION On October 13, 2004, the Commission promulgated the “Guidelines in the Automatic Adjustment of Generation Rates and System Loss Rates by Distribution Utilities” (AGRA). Section 1 of Article V of the said Guidelines provides that all Distribution Utilities (DU) shall submit to the Commission their respective generation rate and system loss rate adjustment computations in accordance with Article III and IV of the said Guidelines. Said provision is hereunder quoted as follows:ERC CASE NO. 2005-048 MC Decision/May 7, 2007 Page 2 of 3 “Monthly Reporting Requirements - On or before the twentieth (20") day of each month, the Distribution Utilities shall provide the ERC with all ‘calculations related to Articles Ill and 1V along with supporting documents which shall include, but not limited to, the following: Invoices from power supplier; = Sample bills to end users; ‘© Official receipts of payment to power suppliers invoices; * DU-MO1 and DU-MO2; and + Other documents deemed relevant by the ERC” Relative thereto, the Commission issued a Show Cause Order directing PUD-Olongapo to submit to the Commission its explanation under oath why no administrative penalty should be imposed upon it, and/or criminal action instituted against its directors and officers for failure to comply with the said directive Thereafter, the above-named Distribution Utility (DU) submitted its monthly reportorial requirements. Finding the submission by PUD-Olongapo as substantial compliance with the Commission's directive, albeit belatedly, the imposition of penalty against it is unwarranted. However, the Commission deems it proper to call the attention of PUD-Olongapo for its inexcusable failure to comply with the Commission's directive on time.ERC CASE NO. 2005-048 MC. Decision/May 7, 2007 Page 3 of 3 WHEREFORE, the foregoing premises considered, respondent Public Utilities Department — Olongapo City (PUD-Olongapo) is hereby REPRIMANDED for the non-submission/delay of the monthly —_reportorial requirements under __the “Guidelines in the Automatic Adjustment of Generation Rates and System Loss Rates by Distribution Utilities" (AGRA) and WARNED that a similar offense in the future shall be dealt with more severely. SO ORDERED. Pasig City, May 7, 2007 For and by Authority of the Commission, :JANDRO Z. Commissioner wy Fespsanllfrun conga Ont 5.7.2007 Reference No. 2007 - 01 ~ D025 Copy furnished: The General Manager Public Utilies Department ~ Olongapo City (PUD-Olongapo)