San Miguel Corp.’s power unit SMC Global Power has asked the Court of Appeals to overturn the decision of the Energy Regulatory Commission (ERC) denying its motion for a rate increase.
ERC chair Monalisa Dimalanta told reporters that they received last Monday a copy of the petition filed by SMC with the CA.
“Nag-file sila sa Court of Appeals ng petition for certiorari. Ibig sabihin inaapela nila sa CA. Sabi nila na wala daw jurisdiction ang ERC doon sa kaso na yun dahil sa paglabas namin ng order in excess daw of our jurisdiction,” Dimalanta said.
“They are asking the CA to issue a temporary restraining order so that the order will not be implemented at hinihingi din nila sa CA na baliktarin yung decision ng ERC,” she added.
Dimalanta was referring to the ERC decision that denied SMC Global Power’s petition for temporary relief from its fixed-rate power supply agreements with Meralco to cushion the impact of surging coal and fuel prices caused by the Russia-Ukraine war.
Last month, SMC president and CEO Ramon S. Ang said SMC Global Power continues to explore its legal options to strengthen its claim for cost recovery, or possibly reverse the unfavorable ERC ruling, even as termination remains a recourse for the company.
Dimalanta said SMC Global Power has not yet terminated its power supply deals with Meralco.