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The Supreme Court upholds the CA’s authority to review ERC rulings.

MANILA, Philippines – The Supreme Court (SC) has denied a company’s petition challenging a Court of Appeals (CA) decision in an Energy Regulatory Commission (ERC) case (ERC).

SKK Steel Corporation’s petition for review was denied by the Supreme Court’s First Division on March 15 for “failure to establish any reversible error on the part of the Court of Appeals,” according to a nine-page resolution posted on the SC website.

The SC decision upheld the CA’s 2014 decision, which reversed the ERC’s 2013 order directing the National Grid Corp. of the Philippines (NGCP) to refund PHP18 million in ancillary charges to SKK Steel Corp.

In its 2014 decision reversing the ERC order, the CA directed the NGCP to pay PHP8 million to SKK Steel Corp. instead of PHP18 million.

SKK Steel Corp. then appealed to the Supreme Court, claiming that the ERC’s findings should have been “treated with great deference by the appellate court (CA) due to its (ERC’s) expertise in the field of energy laws.”

In upholding the CA, the SC stated that “the adjudicative authority that administrative bodies (such as the ERC) may exercise is accompanied by the CA’s ability to review and appeal their (agencies’) decisions.”

It stated that “the CA retains the authority to conduct its own factual evaluations even when administrative agencies’ findings (such as the ERC) are treated with great respect and are occasionally regarded as binding.”

In 2009, NGCP acquired the National Transmission Corp.’s (Transco) business of transmitting electricity via interconnected high-voltage backbone systems of transmission lines, substations, and associated facilities.

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