Republic of the Philippines

ENERGY REGULATORY COMMISSIO

San Miguel Avenue, Pasig City

RESOLUTION NO. 19 _

A RESOLUTION TO FURTHER HOLD IN ABEYANCE OF THE

ISSUANCE OF THE ERC RESOLUTION SETTING THE ANNUAL
INSTALLED GENERATING CAPACITY AND THE MARKET
SHARE LIMITATION PER GRID AND THE NATIONAL GRID

WHEREAS, Section 45 (a) .of Republic Act No. 9136 (RA 9136) or
the Electric Power Industry Reform Act (EPIRA) states that no company or
related group can own, operate or control more than thirty percent (30%)
of the installed generating capacity of a grid and/or twenty five percent
(25%) of the national installed generating capacity;
•
WHEREAS, on 14 December 2005, the Energy Regulatory
Commission (ERC) adopted and promulgated Resolution No. 26, Series of
2005 entitled "A Resolution Adopting the Guidelines for the Determination
of the Installed Generating Capacity in a Grid and the National Installed
Generating Capacity and Enforcement of the Limits on Concentration of
Ownership, Operation or Control Installed Generating Capacity under'
Section 45(a) ofthe EPIRA" (Market Share Guidelines);

WHEREAS, the said Market Share Guidelines were based primarily

on the provisions of Section 4, Rule 11 of the Implementing Rules and
Regulations (IRR) of RA 9136 which provides for control as the basis for
crediting the installed generating capacity of a Generation Facility to a
Generation Company and its affiliate or related group;

WHEREAS, the ERC issues a Resolution every 15th day of March

setting the annual installed generating capacity and market share limitation
per grid and for the national grid based on the maximum capacity of the
power plants submitted by the generation companies and other entities
required to submit the Generation Company Management Reports;

WHEREAS, the ERC held in abeyance the issuance of said annual

determination through Resolution No. 03, Series of 2016, entitled A
Resolution Holding in Abeyance the Iss'uance of the ERC Resolution
Setting the Annual Installed Generating Capacity per Grid and National
Grid and the Market Share Limitation per Grid and the National Grid,
until 30 June 2016 as it undertakes to study the appropriate determination
of the market share of entities covered by the market share limitation in
a"oedance with Section 45 (a) OfEPlRAY
 19
Resolution No. , Series of 2016
Page 2 of2

WHEREAS, the ERC finds necessity in further deferring the

issuance of the annual Resolution setting the installed generating capacity
per grid and national grid, as it still has to complete its study on the
appropriate determination thereof;

NOW, THEREFORE, pursuant to its mandate to promote

competition and ensure consumer protection, the ERC RESOLVED, as it
hereby RESOLVES, to FURTHER HOLD IN ABEYANCE the issuance
of the annual resolution setting the installed generating capacity per grid
and for the national grid and the market share limitation per grid and for
the national grid until 30 September 2016.

Let copies of this Resolution be furnished the University of the

Philippines Law Center-Office of the National Administrative Register
(UPLC-ONAR)and all parties concerned.

This Resolution shall take effect immediately following its publication

in a newspaper of general circulation.

SO ORDERED.

Pasig City, 21 June 2016.

(On Official Leave) (On Official Travel)

JOSEFINA PATRICIA MAGP ALE A. ASIRIT GERONIMO D. STA. ANA
Commissioner Commissioner

lCB/ J1lL/ NSSS