The fourth regulatory period review was delayed for almost a decade. The timeline below shows the events that led to the petition questioning the rate review proceedings before the Supreme Court.
Under the 2009 Rules for Setting Transmission Wheeling Rates (RTWR), an issues paper must be released by the Energy Regulatory Commission 18 months before the beginning of the fourth regulatory period (2016 to 2020). The regulator failed to do so.
The National Grid Corporation of the Philippines (NGCP) submits its own issues paper to the Energy Regulatory Commission.
The ERC issues an amended RTWR draft, which would guide the fourth and fifth regulatory periods (RPs). It’s 17 months after the end of the supposed 4th RP.
The draft order states that the fourth regulatory period would be between 2016 to 2022, and the fifth regulatory period would be between 2023 to 2027.
The ERC issues the final amended RTWR, which began the rate-setting process for the fourth regulatory period.
NGCP files an Omnibus Motion on the amended RTWR, seeking clarifications and to “hold in abeyance” the regulatory reset process.
ERC denies NGCP’s Omnibus Motion, and asks the transmission operator to file its 4th RP application by December 2022.
NGCP files its 4th RP application to the ERC, with corresponding documents.
The public hearing begins for the fourth regulatory period review.
The ERC conducts the last hearing on the fourth regulatory period review.
NGCP files its formal offer of evidence.
The ERC denies NGCP’s petition for rule-making, as it pleaded the fourth RP should follow what was in the 2009 RTWR, which should be 2016 to 2020. ERC confirms that the fourth RP covers 2016 to 2022.
ERC publishes its first phase of findings of the 4th RP review.
NGCP files a petition for a temporary restraining order on the ERC before the Supreme Court, seeking to restrain the regulator from proceeding any further with the 4th and 5th regulatory period review processes.