ERC chief reinstated after suspension lifted

MANILA, Philippines — The Office of the Ombudsman has lifted the six-month preventive suspension order it issued against Energy Regulatory Commission (ERC) chairperson Monalisa Dimalanta in connection with the administrative charges filed against her by consumer group National Association of Electricity Consumers for Reforms Inc. (NASECORE).

In an order dated Oct. 22, the ombudsman lifted its order dated Aug. 20, placing Dimalanta under preventive suspension for not more than six months in connection with its ongoing investigation on the administrative charges against her for grave misconduct, grave abuse of authority, gross neglect of duty and conduct prejudicial to the best interest of the service.

Following the lifting of the suspension order, the Office of the President, through Executive Secretary Lucas Bersamin, issued a memorandum dated Oct. 30, ordering the reinstatement of Dimalanta to her post.

The ombudsman had placed Dimalanta under preventive suspension as it earlier found strong initial evidence against her to “prevent her in committing further acts of malfeasance that might prejudice the ongoing investigation.”

The STAR yesterday sought an update through Viber from Ombudsman Samuel Martires regarding the status of the investigation against Dimalanta. He is yet to reply to the message.

Dimalanta told The STAR that she was already back at the ERC yesterday to receive the copy of the order when it was served.

In a statement, the ERC welcomed the decision of the ombudsman, saying this would ensure “stability within the agency and the energy industry as a whole.”

“The commission also extends its gratitude to officer-in-charge Jesse Hermogenes Andres, whose brief stint helped steer the agency through a critical period,” it added.

Andres returned the gratitude to ERC for granting him the opportunity to serve the Filipino people through the commission.

“I thank the President for the opportunity to serve the Filipino people through the Energy Regulatory Commission. I thank the ERC Commissioners, officials and staff for their support,” Andres said.

“We have approved and released more than 846 permits, certificates and various approvals in record time in the last six weeks. These approvals include the fifth RP (regulatory period) for Meralco (Manila Electric Co.) that will provide at least P16-B refund to consumers,” he added.

He also highlighted the achievements made under his leadership in the ERC.

“We have likewise approved the Green Energy Auction-3 methodology for the bidding of much-needed renewable energy projects. We have likewise strengthened our partnership with the industry groups and associations through stakeholders engagement and dialogues,” he said.

With Dimalanta’s reinstatement, NASECORE president Pete Ilagan said in a Viber message to The STAR he is hopeful that the integrity of the ERC records “can be preserved and protected, pending resolution of NASECORE’s complaint.”

The administrative investigation stemmed from a complaint filed by NASECORE in November 2023 over Dimalanta’s alleged act of permitting Meralco to regularly purchase electricity from Wholesale Electricity Spot Market or WESM at higher prices.

The NASECORE said Meralco, in turn, passed on the charges to consumers without the required prior approval of the ERC, in violation of the Electric Power Industry Reform Act.

In its complaint, NASECORE said that Meralco’s application for performance-based adjustment of its power distribution rate remained pending with the ERC, thus passing the charges to consumers is unlawful.

Meanwhile, distribution utilities (DUs) in storm-hit areas cannot disconnect power for consumers that use up to 200 kilowatt-hours (kWh) despite non-payment of electricity bills from October to December.

Pursuant to the directive of President Marcos, the ERC ordered DUs to “suspend” electricity line disconnections for consumers in areas placed under a state of calamity due to Severe Tropical Storm Kristine.

“DUs in the affected areas are directed to provide flexible payment options to help ease the financial burden on consumers as they work toward recovery from the effects of STS Kristine,” the energy regulator said yesterday.

As such, DUs are expected to allow the staggered collection of payments for a period of at least six months from the issuance of the statement of account for each bill.

For those with a monthly consumption exceeding 200 kWh, the ERC said the DU may offer alternative payment terms mutually agreed upon by both parties.

“Consumers are encouraged to contact their respective DUs to inquire about the available alternative payment options or to request special terms to settle outstanding bills,” the commission said.

Likewise, the ERC also directed power generators and transmission operators to implement the same payment scheme for the affected DUs.

Meralco said it would comply with the ERC’s directive to provide relief to typhoon victims.

“Meralco immediately suspended disconnection activities in areas under state of calamity and will offer flexible payment arrangements to customers whose consumption does not exceed 200 kWh,” Meralco spokesman Joe Zaldarriaga said.-  Brix Lelis, Alexis Romero