(NAR) VOL. 24 NO. 4 / OCTOBER - DECEMBER 2013
I. RATIONALE
Chapter III, Section 12 of RA 10531 in relation to Rule II, Section 5 of the IRR provides that the National Electrification Administration (NEA) shall ensure that all electric cooperatives (ECs) comply with the timely submission of the reportorial requirements set forth in this IRR. For this purpose, the NEA shall prepare monthly and quarterly assessment reports of the abovementioned information. Said reports shall be submitted by the NEA to the DOE and the JCPC together with its recommended policies to attain the objectives of the Act.
Likewise, Rule Ill, Section 11 (b) of the IRR of RA 10531 states that the NEA shall have the authority over the ECs, whether stock or non-stock, to require the submission of reportorial requirements as may be necessary relative to their operations as electric distribution utilities including but not limited to:
Reportorial Requirements | Timeline/Deadline of Submission | Lead Department/ Office | ||
i | Monthly Financial and Statistical Report | 30st day of the succeeding month | FSD | |
ii | Monthly Status of Energization (Barangay, Sitios & House Connections) | 15th day of the succeeding month | ITCSD | |
iii | Monthly Institutional Report | 30th day of the succeeding month | IDD | |
iv | Monthly Performance Standard Monitoring Report | 30th day of the succeeding month | IDD | |
v | Monthly Summary of Complaints received and acted upon | 30th day of the succeeding month | IDD | |
vi | Monthly Report on compliance with the Philippine Grid & Distribution Codes | 30th day of the succeeding month | ED | |
vii | Monthly Engineering Report | 30th day of the succeeding month | ED | |
viii | Quarterly Report on New Power Supply Contract | 30th day of the succeeding month | ED | |
ix | Annual Work Plan | January 30 | CPO | |
x | Annual Distribution Development Plan (DDP) | January 30 | CPO | |
xi | Five (5) – year Investment Plan submitted annually | January 30 | CPO | |
xii | Annual Cash Operating Budget | September 30 preceding the budget year | FSD | |
xiii | Audited Financial Statements | April 15 of the succeeding year | FSD | |
xiv | Collective Bargaining Agreement (CBA) or Collective Negotiation Agreement (CNA) | 30 days after the ratification by the general membership | IDD | |
xv | Copy of Capital Expenditures CapEx) & | January 30 | CPO | |
Operating Expenditures (OpEx) Plan | September 30 | FSD | ||
xvi | For ECs on grid with isolated area/s served by the NPC-SPUG, separate submission of MFSR, Monthly Engineering Report and Barangay and Sitio electrification report |
Finally, Rule VII, Section 27 of the IRR states that consistent with Section 58 of EPIRA, the NEA shall continue to be under the supervision of the DOE, and shall comply with all reportorial requirements under this IRR and may be deemed necessary by the DOE.
II. OBJECTIVES:
III. GUIDELINES
1st Quarter – On or before May 15
2nd Quarter – On or before August 15
3rd Quarter – On or before November 15
4th Quarter – On or before February 15
IV. SANCTIONS FOR NON-SUBMITTAL/NON-COMPLIANCE
Section 14 of RA 10531 states that any person who wilfully violates any rules or regulation promulgated pursuant to the authority granted in this IRR shall, upon conviction, be punished by a fine of not less than fifty thousand pesos (P50,000.00) but not more than five hundred thousand pesos (P500,000.00) or by imprisonment of not less than 6 months but not more than one year, or both at the discretion of the court: Provided, That if the violation is committed by a juridical person, the penalty herein prescribed shall be imposed upon the official and/or employee thereof responsible for the violation.
Further, Section 28 of the IRR states that if the violation is committed by a government official or employee, including those in GOCC, such person shall, in addition to the penalty provided herein, be subjected to administrative disciplinary action.
Pursuant to the above, the following are the sanctions for non-submittal and non-compliance of the required reports and documents:
It is the responsibility of the ITCSD-RMU to certify compliance or noncompliance to the EC reportorial requirements. The Legal Services Office will implement the sanctions provided in this Policy.
VI. EFFECTIVITY
This policy shall immediately take effect fifteen (15) days following its publication in a newspaper of general circulation. Three (3) copies shall be filed with the University of the Philippines (UP) Law Center pursuant to Presidential Memorandum Circular No. 11, dated October 9, 1992.
(SGD) EDITA S. BUENO
Administrator
Approved by the NEA Board of Administrators on November 6, 2013 under Resolution No. 131.