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WHEREAS, Section 29 of Republic Act No. 9136, otherwise known as the Electric Power Industry Reform Act of 2001 (EPIRA), mandated the Energy Regulatory Commission (ERC) to promulgate rules and regulations prescribing the qualifications of electricity suppliers, which shall include among other requirements, a demonstration of their technical capability, financial capability and creditworthiness.

WHEREAS, pursuant to the said mandate, the ERC drafted the Guidelines for the Issuance of Licenses to Retail Electricity Suppliers (RES);

WHEREAS, on February 10, 2005, the ERC issued a Notice setting said Guidelines for public consultation and directing interested parties to submit their comments thereon on or before February 28, 2005;

WHEREAS, interested parties submitted their written comments and a public consultation was conducted on March 8, 2005;

WHEREAS, after conducting said public consultation, the ERC posted the second (2nd) draft of the said Guidelines on June 8, 2005 at the ERC Website.

WHEREAS, after said posting, a number of additional written comments were received and thereby considered by the ERC in its final deliberation of the said Guidelines;

WHEREAS, in accordance with the aforesaid mandate and after a careful consideration of the various views and comments submitted by interested parties, the ERC deems it appropriate to adopt the Guidelines for the Issuance of Licenses to Retail Electricity Suppliers (RES);

NOW, THEREFORE, be it RESOLVED, as it hereby RESOLVES, to APPROVE and ADOPT, the Guidelines for the Issuance of Licenses to Retail Electricity Suppliers (RES) " hereto attached as ANNEX "A" ^* and made an integral part of this Resolution.

This Resolution shall take effect fifteen (15) days following its publication in a newspaper of general circulation in the country.

Adopted: 13 July 2005

^* Text Available at office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.