Order%2c+ERC+Case+No.+2014-112+MC (1)

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  • Republic of the PhilippinesENERGY REGULATORY COMMISSION

    San Miguel Avenue, Pasig City

    IN THE MATTER OF THEPETITION FOR THE REVIEW OFTHE CHANGES IN THE TERMSAND CONDITIONS OF SERVICEOF ALBA Y. ELECTRICCOOPERATIVE THROUGHPRIVATE CONCESSION WITHURGENT PRAYER FORISSUANCE OF" CEASE &DESIST ORDER

    CONSUMERS' RIGHTS WATCHBICOL, INC. (CRoW)REPRESENTED BY ITSPRESIDENT DEMETRIO C.REYNOSO AND ALECO LABORAND EMPLOYEESORGANIZATION (ALEO)REPRESENTED BY ITSPRESIDENT EPHRAIM DEVERA

    Petitioners,

    -versus-

    ALBAY ELECTRICCOOPERATIVE, INC. (ALECO)AND SAN MIGUEL GLOBALPOWER HOLDINGSCORPORATION (SMGPHC),

    Respondents.)(- - - - - - - - -- - - - - - - - - - - - - -)(

    ERC CASE NO. 2014-112 MC

    ORDER

    The Commission takes note of the "Motion" and the "AmendedMotion" filed respectively on February 2 and 10, 2015, by CRoW andALEO, the contents of which are substantially the same and bothpraying, among others, for the issuance of an Order:. 1) for the

  • . 'ERC CASE NO. 2014-112 MCORDER! February 16, 2015Page 2 of 4

    Respondents to Cease and Desist from operating the franchise ofALECO pending the Commission's review/approval of theConcession Agreement and approval/ratification of the majority of itsmember-consumers; 2) for the management and operation ofALECO as provided under its By-Laws and Republic Act No. 9136pending review/approval of the Concession Agreement; and 3)setting the review of the change in the terms and conditions of theservices of ALECO that is being exercised by Albay Power EnergyCorporation (APEC) and/or SMGPHC for hearing.

    Relative thereto, a preliminary conference is hereby set onMarch 26, 2015 (Thursday) at ten o'clock in the morning (10:00a.m.) at the ERC Hearing Room, 15th Floor, Pacific CenterBuilding, San Miguel Avenue, Ortigas Center, Pasig City.

    ALECO and SMGPHC are directed to file their respectivecomments on the abovementioned motions, within ten (15) days fromreceipt hereof.

    The parties herein are further directed to submit, within thesame period, their respective Pre-Trial Briefs, containing, amongothers:

    (a) a summary of admitted facts and proposed stipulation offacts;

    (b) the issues to be tried and resolved;

    (c) the documents or exhibits to be presented, stating thepurposes and the proposed markings thereof; and

    (d) the number and the names of witnesses, with their writtentestimonies in affidavit form to be attached to the Pre-TrialBrief.

  • ERC CASE NO. 2014-112 MCORDER! February 16, 2015Page 3 of 4

    Failure of CRoW and ALEO to submit the required Pre-TrialBrief and Judicial Affidavits of their witnesses within the prescribedperiod shall be a ground for cancellation of the scheduled hearing,and the resetting of which shall be six (6) months from said date ofcancellation.

    SO ORDERED.

    Pasig City, February 16, 2015.

    FOR AND BY AUTHORITYOF THE COMMISSION:

    JOSEFINA PATRICI . MAGPALE ..ASIRITCommi sioner

  • .. ." ..

    ERC CASE NO. 2014-112 MCORDERI February 16, 2015Page 4 of 4

    Copy Furnished:

    1. Demetrio C. ReynosoPresidentConsumers' Rights Watch Bicol, Inc. (CRoW)Rawis, Legaspi City

    2. Ephraim De VeraPresidentALECO Labor and Employees Organization (ALEO)W. Vinzon's Street, Old Albay DistrictLegaspi City

    3. Albay Electric Cooperative (ALECO)ALECO Compound, W. Vinzons StreetOld Albay District, Legaspi City

    4. San Miguel Global Power Holdings Corporation (SMGPHC)155 EDSA, Barangay Wack Wack, Mandaluyong City

    5. Philippine Chamber of Commerce and Industry (PCCI)3rd Floor, ECC Building355 Gil Puyat Avenue, Makati City

    6. Office of the Solicitor General134 Amorsolo Street, Legaspi VillageMakati City

    7. Commission on AuditCommonwealth AvenueQuezon City

    8. Senate Committee on EnergyGSIS Building, Roxas BoulevardPasay City

    9. House Committee on EnergyBatasan Hills, Quezon City

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