ERC Voids Nov – Dec 2013 WESM Prices

ERC Website


The Energy Regulatory Commission (ERC), in an Order dated 03 March 2014 voided the WESM (Wholesale Electricity Spot Market) prices during the period from 26 October 2013 to 25 December 2013 and ordered the imposition of regulated prices in lieu thereof. The ERC found basis to intervene in the market after determining that the WESM prices during this period could not qualify as reasonable, rational, and competitive due to the confluence of factors accompanying the tight supply situation in the market.

In the same Order, the ERC directed the Philippine Electricity Market Corporation (PEMC) to calculate and implement the regulated prices in the revised WESM bills of the affected distribution utilities in Luzon for their immediate settlement, except for MERALCO (Manila Electric Company) whose November 2013 WESM bill will be maintained in compliance with the Temporary Restraining Order (TRO) issued by the Supreme Court in G.R. Nos. 210245 and 210255.

The regulated prices shall be calculated based on the load weighted average of the ex-post nodal energy prices and meter quantity of the same day same trading interval that have not been administered covering the period December 26, 2012 to September 25, 2013, subject to the payment to the oil-based plants of additional compensation to cover their full Fuel and Variable O&M costs, if warranted, following the manner and procedure for computing additional compensation under the WESM’s Administered Price Determination Methodology. These regulated prices are expected to be at least 70% lower on the average than the voided WESM prices, which stood on average at PhP22.13/kWh for November 2013 and PhP25.67/kWh for December 2013.

The ERC noted that there was widespread withholding of capacity through the non-observance or breach of the “Must Offer Rule” (MOR) under the WESM Rules amidst all the plant outages that occurred covering the period from 26 October 2013 to 25 December 2013. The MOR requires generators to offer all of their available capacity in the market. It seeks to prevent artificial shortage of supply by capacity withholding, which may drive prices to higher levels.

As found  by the  ERC, “ the dispatch  schedule and the prices during the  November  and  December  2013  supply  months reflected   an  inefficient allocation  of resources contrary  to the aspirations of  WESM.” “This was brought about   by the   tight  supply   condition arising x x x from   the participants/failure to abide with the MOR.” “Under the circumstances obtaining when the Malampaya was on shutdown, this created an environment wherein higher offers were practically assured of clearing in the market to the detriment of the consuming public.  This was fairly evident from the way the market participants behaved and the market prices moved during the period in question.” “The contrived supply shortage impaired the market and this resulted to market failure.”

“The lack or failure of competition necessitates government intervention to protect   the consumers from unreasonably high market prices. Government intervention in this case is a valid exercise of the State’s police power  and  can be done  by  the regulatory  body  to which  the  said power  has  been  delegated  and  to  intervene  when  the  common  good  so demands, such as the ERC,” the Order dated 03 March 2014 said.

The ERC further directed the PEMC to conduct an investigation on the possible   breach   of the MOR within   a period  of no less  than   90  days from  receipt of the  ERC Order. Thereafter,    the result   of the investigation of the PEMC Enforcement and Compliance   Officer  shall  be submitted to the ERC with  the recommended        sanctions   and  penalties,   if any.

“The ERC’s action is a  product of   its  judicious  review   of   the circumstances  surrounding  the Malampaya  shutdown.   It demonstrates  that while  the market  will generally  be left alone, the ERC will not  hesitate  to exercise its regulatory  authority to ensure rational pricing of electricity and to protect  the interests  of electricity  consumers,” ERC Chairperson    Zenaida G.Cruz-Ducut stressed.

Order, ERC Case No. 2014-021 MC