Meta Data
Draft: 
No
Revision of previous policy?: 
No
Draft Year: 
2001
Effective Start Year: 
2001
Scope: 
National
Document Type: 
Act
Economic Sector: 
Power
Energy Types: 
Power, Renewable, Other
Issued by: 
Department of Energy
Overall Summary: 
The Electric Power Industry Reform Act of 2001 is an Act ordaining reforms in the electric power industry, amending for the purpose certain laws and for other purposes. In particular it provides a framework for the restructuring of the electric power industry, including the privatization of the assets of NPC (National Public Company), the transition to the desired competitive structure, and the definition of the responsibilities of the various government agencies and private entities. In particular, the Act sets out the reform agenda for the energy sector to be based on three principles: (a) To ensure and accelerate the total electrification of the country; (b) To ensure the quality, reliability, security and affordability of the supply of electric power; (c) To ensure transparent and reasonable prices of electricity in a regime of free and fair competition and full public accountability to achieve greater operational and economic efficiency and enhance the competitiveness of Philippine products in the global market.
Access
Energy access priorities: 
Policy of the State: (a) To ensure and accelerate the total electrification of the country; (b) To ensure the quality, reliability, security and affordability of the supply of electric power.
Consumer subsidies: 
A socialized pricing mechanism called a lifeline rate for the marginalized end-users shall be set by the ERC, which shall be exempted from the cross subsidy phase-out under this Act for a period not exceeding ten (10) years [...].
Efficiency
EE priorities: 
Policy of the State: (k) To encourage the efficient use of energy and other modalities of demand side management.
EE public awareness/promotional programmes: 
End users shall be educated about the implementation of retail access and its impact on end-users and on the proper use of electric power. Such education shall include, [...], energy conservation and safety measures.
Renewable Energy
RE priorities: 
Policy of the State:(h) To promote the utilization of indigenous and new and renewable energy resources in power generation in order to reduce dependence on imported energy; [...].
Environment
Energy environmental priorities: 
Policy of the State: (g) To assure socially and environmentally compatible energy sources and infrastructure; [...].---Participants in the generation, distribution and transmission sub-sectors of the industry shall comply with all environmental laws, rules, regulations and standards promulgated by the Department of Environment and Natural Resources including, in appropriate cases, the establishment of an environmental guarantee fund.
Pricing
Renewable energy subsidies: 
A socialized pricing mechanism called a lifeline rate for the marginalized end-users shall be set by the ERC, which shall be exempted from the cross subsidy phase-out under this Act for a period not exceeding ten (10) years [...].
Energy taxation: 
Within one (1) year from the effectivity of this Act, a universal charge to be determined, fixed and approved by the ERC, shall be imposed on all electricity end-users [...].
Energy pricing: 
Upon implementation of retail competition and open access, the prices charged by a generation company for supply of electricity shall not be subject to regulation by the ERC except as otherwise provided in this Act---Policy of the State: (c) To ensure transparent and reasonable prices of electricity in a regime of free and fair competition and full public accountability [...].---Jointly with the electric power industry participants, the DOE shall formulate the detailed rules for the wholesale electricity spot market. Said rules shall provide the mechanism for determining the price of electricity not covered by bilateral contracts between sellers and purchasers of electricity users.
Energy Supply and Infrastructure
Infrastructure development priorities: 
Policy of the State: (g) To assure socially and environmentally compatible energy sources and infrastructure; (h) To promote the utilization of indigenous and new and renewable energy resources in power generation in order to reduce dependence on imported energy; [...].
Investment
Energy sector investment priorities: 
Participants in the generation, distribution and transmission sub-sectors of the industry shall comply with all environmental laws, rules, regulations and standards promulgated by the Department of Environment and Natural Resources including, in appropriate cases, the establishment of an environmental guarantee fund.
Independent power producers: 
Policy of the State: (d) To enhance the inflow of private capital and broaden the ownership base of the power generation, transmission and distribution sectors [...].---Generation of electric power shall be competitive and open.---Jointly with the electric power industry participants, the DOE shall formulate the detailed rules for the wholesale electricity spot market. Said rules shall provide the mechanism for determining the price of electricity not covered by bilateral contracts between sellers and purchasers of electricity users[...].---Retail competition and open access on distribution wires shall be implemented not later than three (3) years upon the effectivity of this Act [...].---The provision of electric service in remote and unviable villages that the franchised utility is unable to service for any reason shall be opened to other qualified third parties.
Electricity wholesale markets: 
Within one (1) year from the effectivity of this Act, the DOE shall establish a wholesale electricity spot market composed of the wholesale electricity spot market participants. The market shall provide the mechanism for identifying and setting the price of actual variations from the quantities transacted under contracts between sellers and purchasers of electricity [...].---Retail competition and open access on distribution wires shall be implemented not later than three (3) years upon the effectivity of this Act [...].
Investment climate development: 
Policy of the State: (d) To enhance the inflow of private capital and broaden the ownership base of the power generation, transmission and distribution sectors [...]; (e) To ensure fair and non-discriminatory treatment of public and private sector entities in the process of restructuring the electric power industry; (i) To provide for an orderly and transparent privatization of the assets and liabilities of the National Power Corporation (NPC).
Governance
Energy management principles: 
The provision of electric service in remote and unviable villages that the franchised utility is unable to service for any reason shall be opened to other qualified third parties.
Energy institutional structures: 
Policy of the State: (j) To establish a strong and purely independent regulatory body and system to ensure consumer protection and enhance the competitive operation of the electricity market; [...].---There is hereby created a National Transmission Corporation, hereinafter referred to as TRANSCO, which shall assume the electrical transmission function of the National Power Corporation, and have the powers and functions hereinafter granted.---In addition to its existing powers and functions, the DOE is hereby mandated to supervise the restructuring of the electricity industry [...].---There is hereby created an independent, quasijudicial regulatory body to be named the Energy Regulatory Commission (ERC). For this purpose, the existing Energy Regulatory Board (ERB) created under Executive Order No. 172, as amended, is hereby abolished. ---There is hereby created a government owned and controlled corporation to be known as the "Power Sector Assets and Liabilities Management Corporation", hereinafter referred to as the "PSALM Corp.", which shall take ownership of all existing NPC generation assets, liabilities, IPP contracts, real estate and all other disposable assets [...].---Upon the effectivity of this Act, a congressional commission, hereinafter referred to as the Power Commission, is hereby constituted.---[...]NPC shall remain as a National Government-owned and -controlled corporation to perform the missionary electrification function through the Small Power Utilities Group (SPUG) and shall be responsible for providing power generation and its associated power delivery systems in areas that are not connected to the transmission system.
M&E of policy implementation: 
The DOE shall take the necessary measures to ensure that the provisions of this Act are properly implemented, and shall submit to the Power Commission a semi-annual report on the implementation of this Act [...].