THE Supreme Court has affirmed the Court of Appeals ruling declaring valid the memorandum of agreement between the Energy Regulatory Commission and the Philippine Electricity Market Corporation which allowed PEMC to investigate energy sector participants for possible breaches of the wholesale electricity spot market rules and manuals.
The CA also held that the ERC did not unduly delegate its powers in the assailed memorandum and protocol with PEMC. It further noted that this was also made clear in the assailed protocol, which delineates the actions that the ERC and the PEMC may take. The Court also explained that Epira provides for the establishment of a spot market, whose rules are to be formulated by the DOE jointly with industry participants.
“The Philippine Electricity Market Corporation is likewise vested with the power to resolve disputes between market participants and the market operator and provide adequate sanctions in case of breaches of the Rules,” it added.
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