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Friday, March 29, 2024

Salazar invokes his right as CEO

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Energy Regulatory Commission chairman and chief executive officer Jose Vicente Salazar again invoked his right to issue appointments and directed the directors to comply.

“This appointing power was granted by the EPIRA (Electric Power Industry Reform Act of 2001) solely to the head of the ERC, when it designated the chairman and CEO of ERC as the CEO of the Commission, a phrase absent in Executive Order No. 172, which created the Energy Regulatory Board, or even the latter’s previous iteration, the Board of Energy,” Salazar said.

Four commissioners of the five-man commission issued a resolution dated April 19 nullifying the appointments of Salazar. The resolution was signed by commissioners  Geronimo Sta. Ana, Alfredo Non, Josefina Asirit and Gloria Taruc.

“By specifically providing that only the ERC Chairman and CEO shall serve as the CEO, the EPIRA stressed the chairman and CEO’s position as the top executive who is solely responsible for the ERC’s overall well-being in terms of operations and performance,” Salazar’s memorandum said.

“This administrative power organically includes the power to determine the personnel who should be part of the organization. Had the intent been otherwise, there would have been no need to provide for a “Chief Executive Officer”, i.e. the legislature would have left things as they had been and omitted any mention of a Chief Executive Officer,” it said.

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Salazar said the office orders were “validly issued” pursuant to the chairman and CEO’s functions as established in the EPIRA.

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