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WHEREAS, pursuant to Section 45(a) of Republic Act No. 9136 (EPIRA) and Section 4(a), Rule 11 of its Implementing Rules and Regulations (IRR), the Energy Regulatory Commission (ERC) formulated and adopted the Guidelines for the Determination of Installed Generating Capacity in a Grid and the National Installed Generating Capacity and Enforcement of the Limits of Concentration of Ownership, Operation or Control of Installed Generating Capacity;

WHEREAS, the subject Guidelines took effect on February 22, 2006;

WHEREAS, under Section 3, Article II of the said Guidelines, ERC set the 2010 installed generating capacity per Grid, National Grid and the Market Share Limitations per Grid and the National Grid as per Resolution No. 04, Series of 2010 dated March 10, 2010 as follows:

Grid	Installed Generating Capacity (kW)	% Market Share Limitation as per RA 9136	Installed Generating Capacity (kW)
Luzon	11,188,513.00	30%	3,356,553.90
Visayas	1,715,295.40	30%	514,588.62
Mindanao	1,808,810.00	30%	542,643.00
National	14,712,618.40	25%	3,678,154.60

WHEREAS, the foregoing installed generating capacity per Grid and National Grid and market share limitations determination shall be adjusted by the ERC on or before the 15th day of March of the succeeding years and/or as often as may be necessary;

WHEREAS, there is a need to publish the adjusted installed generating capacity per Grid and National Grid and market share limitations per Grid and National Grid set by the ERC for 2010 due primarily to the increase in capacities in the Visayas Grid, change in material circumstances, correction in the inclusion of the capacity of the blackstart and standby generating sets and increase/decrease in the originally reported installed capacity of some power plants based on recent submission by the generation companies;

WHEREAS, as part of its monitoring activities, the ERC finds that no generation company nor any other entity has violated the market share limitations per Grid and National Grid for the year 2010;

NOW, THEREFORE, pursuant to its mandate to promote free and fair competition in the generation and supply of electricity to achieve greater operational and economic efficiency and to ensure consumer protection and enhance the competitive operation of the markets for generation and supply of electricity, the ERC RESOLVED, as it hereby RESOLVES to set the 2010 installed generating capacity per Grid and National Grid and Market Share Limitations per Grid and National Grid. The same shall remain and shall be strictly enforced and implemented until the next adjustment thereto which may be on or before the 15th day of March 2011 and every year thereafter and/or as the need arises, as follows:

Grid	Installed Generating Capacity Limit (kW)	% Market Share Limitation as per RA 9136	Installed Generating Capacity Limit (kW)
Luzon	10,839,012.00	30%	3,251,703.60
Visayas	1,954,774.00	30%	586,432.20
Mindanao	1,799,750.00	30%	539,925.00
National	14,593,536.00	25%	3,648,384.00

This Resolution and the Appendix “A”^* hereto attached and made as an integral part of this Resolution shall take effect immediately following their publication in a newspaper of general circulation in the Philippines.

SO ORDERED.

(SGD.) ZENAIDA G. CRUZ-DUCUT
  Chairperson

(SGD.) RAUF A. TAN         Commissioner	(SGD.) ALEJANDRO Z. BARIN         Commissioner
(SGD.) MARIA TERESA A.R. CASTAÑEDA         Commissioner	(SGD.) JOSE C. REYES         Commissioner

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