Section 5Sec./Art. 5

Responsibility to the Public. - The grantee shall supply electricity to its captive market in the urban and rural portions of its franchise area in the least costly manner. In the interest of the public good, as far as feasible and whenever required by the ERC, the grantee shall modify, improve, or change its facilities, poles, lines, systems, and equipment for the purpose of providing efficient and reliable service and reduced electricity costs. The grantee shall charge reasonable and just power rates for its services to all types of consumers within its franchise areas.

The grantee is required to source and procure its power requirements in accordance with the applicable rules and orders of the ERC: Provided, That, the grantee, immediately after the enactment of this Act, may be allowed to avail of the negotiated procurement of emergency power supply under the DOE circular DC 2018-02-0003, as revised, or any subsequent circular, rule or regulation issued by the DOE or ERC or their legal successors allowing emergency procurement: Provided, further, That such emergency contract, shall only be for a period of one (1) year and the rates must not be higher than the latest ERC-approved generation tariff for the same or similar technologies in the area.

The grantee shall have the obligation to provide open and non-discriminatory access to its distribution system and services for any end user within its franchise area consistent with Republic Act No. 9136, otherwise known as the "Electric Power Industry Reform Act of 2001". The grantee shall not engage in any activity that will constitute an abuse of market power such as unfair trade practices, monopolistic schemes, and other activities that will hinder competitiveness of businesses and industries.