Cagayan de Oro City 2nd district Rep. Rufus Rodriguez (Facebook)

Cagayan de Oro City 2nd district Rep. Rufus Rodriguez was up in arms after his House colleague tried to cite draft documents during a recent motu proprio inquiry on the performance of transmission company National Grid Corporation of the Philippines (NGCP). 

For Rodriguez, who is a lawyer, "non-final" documents have no place in a hearing of such magnitude. 

“We cannot be discussing non-final decisions and merely temporary drafts," he said in the hearing held by House Committee on Legislative Franchises. 

The veteran congressman from Mindanao blew his top after Santa Rosa City lone district Rep. Dan Fernandez began to question the Energy Regulatory Commission (ERC) on the draft final determination (DFD) as part of the transmission rate reset process for the fourth regulatory period (RP) covering 2016 to 2022. 

Critics of NGCP have used the pending rate reset to assail the privately-owned grid operator. 

Based on the original timeline, NGCP’s fourth and fifth regulatory reset applications should have covered the years 2016 to 2020 and 2021 to 2025, respectively. However, the ERC modified the regulatory reset periods. 

“We will be intruding on the authority of ERC in finally determining [the rate reset]. How can we be discussing drafts? You cannot question if it is not yet final,” stated Rodriguez. 

The lawmaker further directed his question to ERC Chairperson Monalisa Dimalanta, whom he asked, “Are you agreeing to discuss here something that you have not finally decided on?” 

During past Congress hearings, Dimalanta mentioned that the DFD for the fourth RP, which covers a past period, was subject to final evaluation. It is expected to be released in January 2025. 

The last rate reset approved by the ERC was for the third regulatory period covering 2011 to 2015. Typically, a rate reset review begins at least one year before the next regulatory period. 

Fernandez is just one of a handful of House members who are taking NGCP to task for its alleged violations of its existing operating franchise. 

China owns 40 percent of NGCP.