Republic of the PhilippinesENERGYREGULATORYCOMMISSION

San Miguel Avenue, Pasig City

10Resolution NO'-1 Series of 2014

A RESOLUTION ADOPTING THE AMENDMENTS TO THE "RULES TO GOVERN THE INSTALLATION ANDRELOCATION OF RESIDENTIAL ELECTRICMETERS BY DISTRIBUTION UTILITIES TO ELEVATEDMETERINGCENTERSOR INDIVIDUAL RESIDENTIAL ELECTRICMETER TO OTHER ELEVATEDSERVICE", AS ADOPTED

IN RESOLUTION NO. 11, SERIESOF 2009

WHEREAS, on May 25, 2009, the Energy Regulatory Commission (ERe) issued Resolution No. 11,Series of 2009, adopting the "Rules to Govern the Installation and Relocation of Residential ElectricMeters by Distribution Utilities to Elevated Metering Centers or Individual Residential Electric Meter toother Elevated Service";

WHEREAS, on November 28, 2012, the Visayan Electric Company, Inc. (VECO) filed a Petition toamend the said Rules, to adapt to the advancements in metering technology and to address difficultiesencountered by it in the implementation of the said Rules;

WHEREAS, on May 24, 2013, the ERCposted at its official website the proposed amendments tosolicit comments from interested parties;

WHEREAS, on June 13,2013, a public consultation was held in Manila;

WHEREAS, on' November 25, 2013, the ERCagain posted anew on its website the proposedamended rules incorporating therewith the comments of the stakeholders during the publicconsultation in Manila for a second round of solicitation of comments;

WHEREAS, the proposed amendments were again revised to consider the comments submittedafter its second posting at ERe's website;

NOW THEREFORE, after careful deliberation on the issues relative thereto, the ERCRESOLVED,as it hereby RESOLVES,to APPROVE and ADOPT the "Rules to Govern the Installation and Relocation ofResidential Electric Meters by Distribution Utilities to Elevated Metering Centers or IndividualResidential Electric Meter to other Elevated Service, as Amended" herein attached as Annex "A".

All previous Rules, Regulations and Issuances by the Commission contrary to the instantResolution are deemed superseded.

This Resolution shall take effect on the fifteenth (15th) day following its publication in anewspaper of general circulation in the country.

Let copies of this Resolution be furnished the University of the Philippines Law Center- Office ofthe National Administrative Register (UPLC-ONAR) and all entities engaged in the electricity metering.

Pasig City, April 7, 2014.

ALFREDO J. NONCommissioner

~~G.c~Jf:~dNA'Dchairperson ,..v

Of. _.A!;;~ f.fJ.=r'I!rORIA. C~AP-TARUCt CommiSSioner

(On -leave)JOSEFINA PATRICIA A. MAGPALE-ASIRIT

Commissioner

".

ANNEX "A"

Republic of the PhilippinesENERGY REGULATORY COMMISSION

San Miguel Avenue, Pasig City

RULES TO GOVERN THE INSTALLATION AND RELOCATION OFRESIDENTIAL ELECTRIC METERS BY DISTRIBUTION UTILITIES TO

ELEVATED METERING CENTERS OR INDIVIDUAL RESIDENTIAL ELECTRICMETER TO OTHER ELEVATED SERVICE, AS AMENDED

Pursuant to Article 11 of the Magna Carta for Residential Electricity Consumersand Article 2.11.1 of the Distribution Services and Open Access Rules (DSOAR),the Energy Regulatory Commission (ERC) hereby promulgates the followingrules, terms and conditions for the installation and relocation of residentialelectric meters by Distribution Utilities to elevated metering centers or individualresidential electric meter to other elevated service.

ARTICLE I

GENERAL PROVISIONS

1.1 Objective

The objective of these Rules is to provide guidance to Distribution Utilities(DUs) in the installation and relocation of electric meters to ElevatedMetering Centers (EMCs) or to Other Elevated Service (OES) in order toensure their highest level of compliance with safety standards and adequateprotection of the consumers' interests and accordingly reduce their systemlosses.

1.2 Guiding Principles

The DU shall ensure that the installation and relocation of residential electricmeters to EMC or to OES conform to Republic Act No. 9136, other existinglaws, rules, regulations and technical standards set by the ERC.

1.3 Scope

These Rules shall apply to all OUs whose metering installations are overand above the height prescribed in the Magna Carta and the OSOAR andshall cover the installation and relocation of residential electric meters toEMC or individual residential electric meter to OES as may be specificallyprovided herein. Billing disputes resulting from the installation or relocationof the meter to EMC services shall be governed by th~ ERC Rules of

. Practice and Procedure.

1.4 Definition of Terms

Act

Billing Month

Distribution Utility (DU)

DSOAR

Elevated MeteringCenter (EMC)

EMCService Drop

Republic Act No. 9136, otherwise knownas the Electric Power Industry ReformAct of 2001.

The elapsed time between two (2)succeeding meter readings, at leasttwenty eight (28) days apart but not toexceed thirty one (31) days.

Any electric cooperative, privatecorporation, government-owned utility orexisting local government unit which hasan exclusive franchise to operate adistribution system in accordance with itsfranchise and the Act.

Distribution Services and Open AccessRules promulgated by the ERC underResolution No. 01, Series of 2006, asmay be amended.

An attachment to OU poles or otherstructures on which a cluster of meters isinstalled beyond the mounting height perMagna Carta and OSOAR provisions.1

Includes wires between the EMC

IThe words in bold letters are the amendments.Original text - .Elevated Metering Center (EMC) - The structure attached to DU poles or other structures on which acluster of meters is installed beyond the mounting height per Magna Carta and DSOAR provisions.

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Energy RegulatoryCommission (ERC)

Magna Carta

Objective Reliability Criteria

Other Elevated Service (OES)

installation and the customer's oldmetering point or to the point where themetering location would have beenplaced had the customer not been in anEMC area.

The independent and quasi-judicialregulatory agency created under Section38 of the Act.

Magna Carta for Residential ElectricityConsumers including the Guidelines toImplement the Magna Carta issued by theERC and any amendments thereto.

A structural analysis of determining theeffects of loads and wind pressuredistribution along the height of astructure, based on the condition of thesoil where the structure is going to beerected.2

An attachment, other than the EMC,attached to DU poles or other structureson which a meter or cluster of meters areinstalled beyond the mounting height perMagna Carta and DSOAR provisions.3

ARTICLE"

GENERAL CRITERIA

2.1 Magna Carta Requirement

2 This is a new defined term.3 The words in bold letters are the amendments.Original text -Other Elevated Service - The structure other than the EMC, attached to DU poles or other structures onwhich a meter or cluster of meters are installed beyond the mounting height per Magna Carta andDSOAR provisions.

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Under Article 11 of the Magna Carta, meters, as a general rule, shall belocated in clean places free from vibration where they are easily accessibleand visible for reading and testing by both the DU and the consumer.Likewise, meters shall be located on the outside wall of the building orprivate pole and shall not be more than three (3) meters nor less than 1.52meters mounting height from the surface on which one would stand torepair, or inspect the meter. However, the Magna Carta also allows metersto be located in other areas based on justifiable reasons.

2.2 Instances when elevated meters may be allowed

No meter shall be installed or relocated to an EMC or OES, except underthe following circumstances:

2.2.1 Non-availability of right-of-way;

The DU shall exert utmost effort in acquIring such right-of-way toensure proper service connection. However, failure to secure thenecessary right-of-way, the DU shall explain in writing to the affectedconsumer the reason for its inability to secure the same prior to theelevation of the meter to EMC or OES.4

2.2.2 Areas for installation/relocation of meters to an EMC or OES asendorsed by concerned government agencies;5The DU shall submit to the ERC a letter request from a concernedGovernment Agency or Local Government Unit (LGU) for theinstallation of electric meters to EMC or OES in certain areas, topromote public safety or for other meritorious reasons, prior to theelevation of the meters to EMC or OES.6

4 This is a revision of the original provision.Original text -2.2.1 Non-availability of right-of-way

Right-of-way is required by the DU to enable its personnel to respond to emergencies andcomplaints as well as to construct its distribution posts and other power distribution equipment.The DU shall exert utmost effort in acquiring such right-of-way. Prior to the elevation of themeters to EMC or other elevated service, the DU shall write an explanation to the affectedconsumer as to its inability to secure the necessary right-of-way.

S This is a replacement of the original provision.Original text-2.2.2 Areas with informal settlers without title or rights over their occupied lands resulting to

rampant illegal service connection, meter vandalism, and meter tampering.6 This is a new proviso.

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2.2.3 Areas with high incidence of illegal service connections, metervandalism, and meter tampering, or rampant electricity theftresulting to distribution transformer or secondary line troubles;'

The DU shall file a formal application for approval with the ERC priorto the relocation/installation of meters to EMC or OES in areas withhigh incidence of illegal service connections, meter vandalism, andmeter tampering, or rampant electricity theft resulting to distributiontransformer or secondary line troubles. The DU shall attach to theapplication a system loss report attributing such condition/so

The system loss, which when computed exceeds the allowablesystem loss cap of the DU, shall be the difference between the 4-week kilowatt-hour registration in the check-meter or other loadmonitoring device and the 4-week total registered kilowatt-hourconsumptions of the consumers in a particular area.

The ERC shall act upon such application for approval, within thirty(30) days from receipt of the system loss report and the conduct ofthe area inspection. The DU's application shall be deemed approvedif no notification from the ERC is received by the DU after the lapseof the 30-day period.

A letter-application shall no longer be required for the installations toEMC or OES of new customers who are located within an area withpreviously approved EMC or OES.8

2.2.4 Habitual pilferer;

A consumer twice found by the ERC or any other competent court,upon proof presented by the DU, to have illegally consumedelectricity.

7 The underlined phrase is not mentioned in the original Rules.8 This is a revision of Section 2.3 of the original Rules.Original text -2.3 The DU shall prove before the ERC that an area has high incidence of illegal service connections,

meter vandalism, and meter tampering or an area with rampant electricity theft by submitting asystem loss report attributing such condition/s, prior to the relocation or installation of meter to EMCor other elevated service. The ERC shall act upon such application for approval, within fifteen (15)days from receipt of the system loss report. The DUs application shall be deemed approved in caseof failure of the ERC to act on said application after the lapse of the IS-day period. An area isconsidered a pilferage-prone area if the difference between the average 3-month kilowatt-hourregistration in the check meter or other load monitoring device and the average 3-month totalregistered kilowatt-hour consumptions of the consumers in the area exceeds the allowable systemloss cap of a DU.

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2.2.5 Consumer requests; and

Written requests from legitimateDU consumersor from new electricservice applicants for the elevation of services to EMC or OESbecause of frequent pilferage-relatedpower interruptions, shall begiven due consideration. Provided,that said consumers representatleast fifty percent "(50%)of the registered households in the areawhose meters are requested for relocation to EMC or OES, dulycertified by the Barangay Chairman or by the Office of theCity/Municipal Mayor concerned. In case the DU fails to obtain aCertification from the Barangay Chairman or from the Office ofthe City/Municipal Mayor concerned, such request byconsumers for elevation of meters to EMC or OES shall begoverned by Section 2.2.3of these Rules.9

2.2.6 A watt-hour meter's interactive device, which displays thekilowatt-hour registration in real time, is to be provided.1o

The watt-hour meter's interactivedevice provided by the DU shouldbe at all times accessible and visible for reading by the concernedcustomer.

ARTICLE III

REQUIREMENTSAND PROCEDURES11

3.1 Disclosure of information 12

9 Words in bold letters are the amendments.Original text -2.2.5 Written requests from legitimate DU consumers or from new electric service applicants for the

elevation of services to metering centers because of frequent pilferage-related power interruptions,shall be given due consideration. Provided, that said consumers represent at least fifty (50)percent or at least thirty (30) consumers, whichever is higher, of the registered households in thearea whose meters are proposed to be relocated, duly certified by the Barangay Chairman or by theOffice of the City/Municipal Mayor concerned.

to This is a new proviso.IIArticles III and IV in the original Rules are merged in Article III, Requirements and Procedures, of theseamended Rules.

12 This proviso is a revision of Section 3.2.6 of the original Rules.Original text-3.2.6 Before clustering or actual elevation of the meter/s, the DU must conduct an information

campaign/forum in the affected area, or show proof, in case of individual consumer, on why there

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Before elevating the meter/s, the DU must conduct an informationcampaign/forum in the affected area, or show proof, in case of individualconsumer, on why there is a need to elevate the meter/s, and on theprocedures to be adopted in implementing the same.

3.2 Establishment of EMC and OES13

The DU shall process requests involving relocation or new connection to anEMC or OES in a timely manner and shall not give preference ordiscriminate existing consumers or connection applicants based on thedistance between the EMC or OES and the consumer/s' or applicant/s'premises.

3.3 Cost of installations or relocations and savings benefit14

is a need to cluster or elevate the meter/s and the procedures to be adopted in implementing thesame.

13 This proviso was indicated as Section 3.2.15 of the original Rules.14 This Section 3.3, Cost of installations or relocations, revokes Sections 3.1.1 to 3.1.6 of the original Rules.

The revoked provisions are as follows:3.1.1 For existing consumers whose meters are to be relocated to EMC installations or for existing

individual consumer whose meter is to be relocated to other elevated service, the DU shallshoulder the cost of relocation including the costs of service drop wires and all necessaryprotective accessories coming from the EMC frames down to the old metering point or to thepoint where the metering location would have been placed had the consumer not been in anEMC area;

3.1.2 For relocation falling under Article 2.2.5 hereof, the DU and the consumer shall equitably bearthe costs, based on the market value at the time of purchase, of the service drop wires and allnecessary protective accessories coming from the EMC frames down to the point where themetering location would have been placed had the consumer not requested for the elevationthereof. However, the DU may opt to bear all the costs.

3.1.3 The consumer shall have the right to select his/her material and accessory vendor, provided thatsuch material and accessory adhere to the applicable minimum technical standards. Forpurposes of commencing the procurement of the service drop wires and all necessaryprotective accessories, the consumer shall present a procurement invoice to the DU indicatingthe amount of said material and accessories. However, the consumer may opt to advance thecosts of the service drop wires and all necessary protective accessories, subject to immediaterefund by the DU of its equitable share thereof upon presentation of proof of purchase.

3.1.4 For new consumers applying for service connections in areas served through EMCs, the DUshall shoulder the cost of the service drop wires from the EMC down to the point where themetering location would have been placed had the consumer not been in an EMC area. It isunderstood that these new consumers have complied with the requirements for new electricservice connection.

3.1.5 For a new consumer whose meter is to be installed in an elevated service; the DU shallshoulder the cost of the service drop wires and all necessary protective accessories from themeter down to the point where the metering location would have been placed had the consumernot fallen in any ofthe acceptable circumstances enumerated in Article II hereof.

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The cost of the installations and relocations shall be borne by the DU,inasmuch as said assets will form part of its rate base.

Upon filing of an application with the ERC, the DU shall show to the ERCthat the investment to install/relocate meters to EMC or OES shall lead tosavings through an improved system loss, or to improve services, or both,relative to having not made an investment at all.

Within three (3) months from ERC's approval of an application, theconcerned DU shall submit a report on the improvement of its system lossand services in the particular area, and of the actual savings as a result ofthe relocation/installation of meters to EMC or OES.15

3.4 Installation requirements16

3.4.1 A DU may install a maximum of thirty (30) electric watt-hour metersper EMC frame. However, the limit may be exceeded, provided, thestrength and loading factors of the structure supporting the EMCframe and corresponding EMC Service Drop wires are based uponan Objective Reliability Criteria.17

3.4.2 The DU should limit the number of EMC Service Drop wires to amaximum of ten (10) conductors per bundle.18

3.4.3 EMC Service Drop wires should not extend more than one hundredthirty (130) meters. However, subject to Article IV of these Rules, thelength of the EMC Service Drop wires can be extended beyond theallowable limit, provided, the voltage variation across eachconsumer's service entrance main switch shall not exceed tenpercent (10%) above or below the DU's nominal voltage at any timewhen the service is furnished.19

3.1.6 No other charges shall be required by the DU for new consumers applying for serviceconnections in areas served through EMCs or for a new consumer whose meter is to beinstalled to an elevated service, other than those approved by the ERC.

15 This is a new proviso.16 Section 3.4 of these amended Rules contains revisions of Sections 3.2.1, 3.2.4,4.1.2, & 4.1.3 of the

original Rules.17 Section 3.2.4 of the original Rules provides that, the allowable number of electric watt-hour meters in an

EMC frame is limited to thirty (30).Original text -3.2.4 The DU shall not install more than thirty (30) electric watt-hour meters per EMC frame and not

more than ten (10) service drop wires per bundle, if any.18 This proviso is part of Section 3.2.4 of the original text.19 Section 3.2.1 of the original Rules provides that, the length of the EMC Service Drop is limited only to

one hundred thirty (130) meters.

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3.4.4 The DU shall ensure that the EMC Service Drop wires shall have anadequate capacity for the load contracted by the consumer pursuantto the minimum standard set under Article 2.30.2.3(b) of thePhilippine Electrical Code, and are well insulated for wear and tearendurance.2o

3.4.5 The DU shall ensure that the sag of EMC Service Drop wires shall notbe greater than what is allowed by the DSOAR, and that clearancesshall be in accordance with the provisions of the Philippine ElectricalCode.21

3.5 Reading of electric watt-hour meters22

3.5.1 Electric watt-hour meters installed/relocated to EMC or OES whichare provided with interactive device/s, to display the real timekilowatt-hour consumption of each customer served by an EMC orOES, may be read remotely or physically.23

3.5.2 The reading at their physical locations of electric watt-hour metersinstalled/relocated to EMC or OES without interactive devices shallfollow the following procedures:

3.5.2.1 The DU shall, at all times, allow its consumers or theirauthorized representatives to witness the reading of theirrespective electric watt-hour meters. Metering informationshould be made available to them.24

3.5.2.2 Actual reading of electric watt-hour meters shall bewitnessed by either the Barangay Chairman or his/herappointed constituent,25

Original text -3.2.1 Unless duly approved by the Commission, the length of the service drop wires shall not be more

than one hundred thirty (130) meters from the EMC or other elevated service to the point wherethe metering location would have been placed had the consumer not been in an EMC area or inother elevated service.

20 The proviso was designated as Section 4.1.2 in the original Rules.21 This is a revision of the proviso of Section 4.1.3 of the original Rules.

Original text -4.1.3 Sagging of service drop wire/s shall not be greater than that allowed by the DSOAR and that

clearance requirements set by the Philippine Electrical Code shall not be violated.22 Section 3.5 of these amended Rules contains the provisions of Sections 3.2.5, 3.2.7, 3.2.9, 3.2.10, 3.2.11,

& 3.2.14 of the original Rules.23 This is a new proviso.24 This proviso was designated as Section 3.2.5 of the original Rules25 This proviso is a revision of Section 3.2.9 of the original Rules.

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3.5.2.3 The reading of electric watt-hour meters shall be done atreasonably regular intervals. The Barangay Chairman orhis/her authorized representative must be duly informed ofthe conduct of the reading of electric watt-hour meters on adesignated date and time, at least two (2) days prior to thescheduled reading date. In case of changes in schedule, theBarangay Chairman or his/her authorized representativeshall be informed of the scheduled reading date and timeand any date thereafter.

In the event that the Barangay Chairman, or his/herappointed constituent fails to appear, without justifiablereason, at the scheduled reading date and time, the DU mayproceed with the conduct of meter reading/s: Provided, That,upon customer's request, the DU shall present to saidcustomer the pictures of his/her electric watt-hour metershowing distinctly the registration taken during the reading.26

3.5.2.4 In reading the electric watt-hour meters, the DU shall useeither basket trucks to hoist the meter readers and theconsumers' representatives or use high-resolution digital stillor video cameras with zoom-in capabilities to capture theimages of the electric watt-hour meters showing distinctlytheir registrations.27

Original text-3.2.9 Consumers in EMC areas shall designate a representative/s, or at least two (2) common

representatives per EMC frame, who shall witness the meter readings. In the absence of suchrepresentative/s, the Barangay Chairman or his/her appointed constituent shall serve as the defaultwitness to such meter readings.

26 This section contains the revised provisions of Sections 3.2.10 & 3.2.14 of the original Rules.Original text-3.2.10 The consumer/s' representative/s, or the Barangay Chairman or his/her authorized representative

must be duly informed of the conduct of the meter reading on a designated date and time periodat least two (2) days prior to the scheduled reading date. The consumers' representatives or theBarangay Chairman or his/her authorized representative shall be informed of the scheduledreading date and time period and any date thereafter, in case of changes in schedule. The DU mayproceed with the conduct of meter readingls on the scheduled date and time in the event theconsumer, consumers' representative/s, the Barangay Chairman, or his/her appointed constituentfails to appear, without justifiable reason, at the scheduled reading date and time.

Original text-3.2.14 For consumers' ready reference, the DU shall furnish the Barangay Chairman concerned, within

two (2) days from such reading date, the pictures of the meters showing distinctly the registrationtaken during the reading of the meters on all consumers in EMC area, unless expressly waived bythe consumer concerned.

27 This proviso was designated as Section 3.2.11 in the original Rules.

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3.6 Keeping the records of consumers' kilowatt-hour meter reading data28

Except for electric watt-hour meters provided with interactive device/s thatdisplay the real time kilowatt-hour consumption of each customer served byan EMC or DES, the keeping of records of the energy registrations ofelectric meters in EMC or DES shall follow the following procedures:

3.6.1 The DU shall issue meter reading cards that will be filled-up monthlyby the meter readers with the previous and present month's readingsfor each electric watt-hour meter located at the affected EMC orDES, except when the statement of account for that billing period isissued within two (2) days from such reading date.29

3.6.2 If high resolution cameras are used, pictures of the electric watt-hourmeters showing the registrations taken shall be kept by the DU for atleast three (3) months after the reading date. In cases where theconsumer questions the correctness of the reading, the DU shallallow the concerned consumer access to the meter-reading picture inquestion.3o

3.7 Continuing surveillance of EMCDrop wires31

3.7.1 The DU shall conduct regular inspections of the EMC Service Dropwires in all areas served through EMCs or DES. It shall immediatelyremove any wiring connection found tapped on an EMC Service Dropwire without the consent of the consumer concerned. If, by reason ofsuch unauthorized connection, it resulted to drastic increase in aconsumer's kilowatt-hour consumption, the difference in the averagekilowatt-hour consumption of such consumer for the past six (6)months prior to the discovery shall be borne by the DU.32

3.7.2 The DU shall report to the consumer any abrupt change in his/herkilowatt-hour consumption within two (2) days from the conduct of themeter reading, and thereafter, make an immediate investigation todetermine its cause.

For all intents and purposes, abrupt change in kilowatt-hourconsumption means an increase by one hundred percent (100%) or

28 This section contains the provisions of Sections 3.2.13 & 3.2.12 in the original Rules.29 This proviso was designated as Section 3.2.13 in the original Rules.30 This proviso was designated as Section 3.2.12 in the original Rules.31 This section contains the provisions of Sections 3.2.3 & 3.2.7 in the original Rules.32 This proviso was designated as Section 3.2.3 in the original Rules.

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decrease by fifty percent (50%) of consumption based on theaverage 12 monthl¥ consumptions immediately preceding the billingmonth in question.3 , ,

3.8 DU'sobligation

3.8.1 The DU shall ensure that the billing statement of a consumerconnected to an EMC or OES shall be based on the registration ofhis/her registered kilowatt-hour meter.34

3.8.2 In the event that the DU discovers that the billing statement of aconsumer is based on the registration of the meter registered toanother consumer, and vice versa, the DU should notify the affectedconsumers, within fifteen (15) days from the discovery, andimmediately correct the billing statement of the affected consumersand the same shall be reflected in their next immediate billingstatements.35

3.8.3 The DU shall maintain the usefulness, including the replacement, ofthe EMC Service Drop wires.36

3.8.4 The DU should advise the customers whose meters are to beinstalled/relocated to EMC or OES that, whenever a groundedconductor is brought into the customer's premises, the same mustagain be connected to a ground by the customer at a point as near

33 This is a revision of Section 3.2.7 of the original Rules.Original text -3.2.7 The DU shall conduct meter readings once every billing month and shall, within two (2) days from

such reading, report to the consumer and investigate any abrupt change in kilowatt-hourconsumption by a consumer. For all intents and purposes, abrupt change in kilowatt-hourconsumption means an increase by one hundred percent (100%) or decrease by fifty percent (50%)of consumption based on the average l2-month consumption immediately preceding the billingmonth in question.

34 This is a new proviso.35 This is a modified version of Section 4.1.4 of the original Rules.

Original text -4.1.4 DUs shall bear the cost in correcting errors in connecting the service drop wires from the meter in

the EMC to the premises of another consumer other than the registered consumer. The DU shallimmediately correct the billing statement of the affected consumer and the same shall be reflectedin the next immediate billing statement.

36 This is a revision of Section 3.2.2 of the original Rules.Original text -3.2.2 The DU shall maintain the usefulness including the replacement of the service drop wires from the

EMC or other elevated service down to the point where the metering location would have beenplaced had the consumer not been in an EMC area or in other elevated service.

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as possible to the entrance of its premises, and which must belocated on the supply side of the customer's main switch.37

ARTICLE IV

ERC AUDIT38

4.1 Investigation, inspection, examination, and test3g

The ERC, through its officials, inspectors or agents may, at any time,conduct inspection and investigation of the implementation by any DU of anERC approved EMC or OES or an examination and test of the services ofthe customers served by an EMC or OES.

4.2 Vioiation40

Violation of any provision of these Rules shall be subject to penalty which theCommission, after giving the DU the opportunity to be heard, may impose inaccordance with law.

ARTICLE V41

FINAL PROVISIONS

5.1 Separability Clause42

If, for any reason, any provision of these Rules is declared unconstitutionalor contrary to law, the other parts or provisions hereof which are not affectedthereby shall continue to be in full force and effect.

37 This is a new proviso.38 This is a new article.39 This is a new proviso.40 This was designated as Article V in the original Rules.41 This new title was formerly designated as Article VI, Transitory Provisions, of the original Rules.42 This section was designated as Section 6.2 in the original Rules.

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5.2 Repealing Clause43

Provisions of the Magna Carta, rules, regulations, guidelines and otherissuances not expressly revised by these Rules shall remain in force andeffect.

5.3 Effectivity44

These amended Rules shall apply prospectively and shall take effect on thefifteenth (15th) day following its publication in a newspaper of generalcirculation in the country.

Pasig City, April 7, 2014.

~~(f~

AIDA G. CROZ-DUCUTChairperson~

~

...,/ '.-' -/',~; i,V--

GfORIA V6TORIA C~AP-TARUCj Commissioner

(On -leave)JOSEFINA PATRICIA A. MAGPALE-ASIRIT

Commissioner

43 This section was designated as Section 6.3 in the original Rules.44 This section was designated as Section 6.4 in the original Rules.

eoo/mccg

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