The Rules Change Committee (RCC) is inviting all WESM Members and interested parties to submit comments to the Dispute Resolution Administrator’s Proposed Amendments to the WESM Rules and WESM Manual on Dispute Resolution (ORCP-WR-WM-21-02).
The proposed amendments are regarding the following topics:
A. Dispute Resolution for the Retail Rules
To introduce a variant mode of arbitration that is specific to the types of disputes that are contemplated within the “Rules for the Integration of Retail Competition in the Wholesale Electricity Spot Market,” otherwise known as the “Retail Rules.”
B. Guidelines for Virtual Hearings
To streamline the procedures for the conduct of WESM Dispute Resolution proceedings and provide guidelines for virtual hearings and conferences during arbitration.
C. Final Settlement of WESM Disputes and its Binding Effect
To make the WESM Rules and the Dispute Resolution Manual consistent with the provisions of Republic Act No. 9285 and the Special Rules of Court on ADR which recognize the nature of an arbitral award being final and binding among the participants. While the proposed amendments aim to delete the provisions that allow the parties to file a formal complaint with the ERC even after an arbitral award has been rendered by the tribunal, they do not depart from the provisions of the EPIRA nor do they derogate against or encroach upon the jurisdiction of the ERC over disputes between WESM Members.
D. Removal of the PEM Board and the WESM Governance Committees as Impleadable Entities under Clause 126.96.36.199 (c) of the WESM Rules
To align the relevant provisions of the WESM Rules related to WESM Dispute Resolution with the agreement-based or commercial arbitration framework as it was contemplated to be. The proposal seeks to remove the PEM Board and all the WESM Governance Committees from the list enumerating the parties to a WESM dispute under Clause 188.8.131.52 of the WESM Rules. The actions of the PEM Board and the WESM Governance Committees are mostly, if not all, in performance of their ERC-delegated regulatory or "police" powers therefore, disputes filed against them would question or undermine the enforcement of the regulatory policies of the market.
You may click the links below to download a copy of the discussion paper and matrix of the proposed amendments:
ORCP-WR-WM-21-02 – Table of Comparison on Video Conferencing Protocols (Supplemental Information to Proposed Annex I, for reference only)
Kindly submit your comments (in Word format) by e-mail at email@example.com or 30 working days from the date of publication (22 March 2021).
Rules Review Division
Market Assessment Group
Philippine Electricity Market Corporation
18F Robinsons Equitable Tower, ADB Avenue, Ortigas Center, Pasig City 1600, Philippines