Section 11Sec./Art. 11

Powers, Functions, and Responsibilities of the Energy Regulatory Commission. In addition to its functions under Republic Act No. 9136, the ERC shall:

(a) Provide for a simplified and streamlined permitting process for MGSPs and DU operated microgrid systems in accordance with the time frame specified in Section 19 of this Act, and issue an ATO to an MGSP pursuant to such process;

(b) Develop, establish, and promulgate in consultation with the DOE, the NPC, the National Electrification Administration (NEA), and other relevant government agencies and private stakeholders in the electric power industry, the minimum technical and service performance standards for microgrid systems within one hundred twenty (120) calendar days from the effectivity of this Act: Provided, That these standards shall be compliant with the PDC, Philippine Small Grid Code, Philippine Grid Code, and other relevant rules and regulations;

(c) Review and act on all MSCs entered within the time frame provided under Sections 8, 9, and 19 of this Act;

(d) Exercise its rate-making power through the evaluation and determination of the following within the applicable time frames provided under Sections 8, 9, and 19 of this Act:

(i) An MGSP or DU operated microgrid systems full cost, approved subsidy if applicable, and retail trade imposed on end-users of unserved and underserved areas;

(ii) An equitable recovery mechanism, if applicable, for an MGSPs assets to ensure just compensation at the expiration of the MSC pursuant to Section 17 of this Act; and

(iii) In the event of a distribution grid extension, upon the expiration of the MSC, and upon decision of the DU to acquire the microgrid system, review the application of the DU before the ERC to connect the microgrid system to the distribution grid pursuant to the equitable recovery mechanism provided in this section: Provided, That any connection that results in an increase in rates shall have to be approved by the ERC;

(e) Monitor the compliance of all MGSPs with their obligations under their respective ATOs; and

(f) Exercise original and exclusive jurisdiction over all cases involving the exercise of the abovementioned powers, functions, and responsibilities, and over all cases involving disputes arising from this Act, except in competition cases under Republic Act No. 10667, otherwise known as the Philippine Competition Act.