The elephant in the room: The Meralco refund ruling

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Meralco News

My former student asked my opinion about the recent Energy Regulatory Commission decision on the Meralco refund application. Having been assured that there is no pending case on the matter, I hereby oblige, as a teacher must.

My former student asked my opinion about the recent Energy Regulatory Commission decision on the Meralco refund application. Having been assured that there is no pending case on the matter, I hereby oblige, as a teacher must.

In December 2020, Meralco also filed an application for the approval of a refund scheme where it proposed to true-up and compare its Actual Weighted Average Tariff as against the approved IAR. The dissent suggests that the ERC should have instead considered the AWAT application as a rule-making petition and incorporated Meralco’s proposal into the Revised RDWR that was issued in 2021. However, the idea of formulating a rule to govern a regulatory period that already lapsed may not only violate non-retroactivity of rules but, more significantly, it also conflicts with the principles of the PBR scheme.

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