-r
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S.B. No. 484
ol the '"1 vv
*22 JUL13 A10 55
«K£iV^Dj1'
Introduced by SEN. WIN GATCHALIAN
AN ACT
INSTITUTIONALIZING REFORMS IN THE COMPETITIVE SELECTION 
PROCESS OF POWER SUPPLY AGREEMENTS FOR THE CAPTIVE MARKET OF
THE ELECTRIC POWER SECTOR
EXPLANATORY NOTE
Republic Act No. 9136, otherwise known as the Electric Power Industry Reform Act of 
2001, declares it the policy of the State to ensure the quality, reliability, security, and 
affordability of supply of electric power, to ensure transparent and reasonable prices 
of electricity in the regime of free and fair competition and full public accountability, 
and to protect the public interest as it is effected by the rates and services of electric 
utilities and other providers of electric power.
The use of a competitive process to cultivate private sector participation in the 
generation sector has long been recognized by the Department of Energy (DOE). In 
2004, the first Competitive Selection Process (CSP) was mandated in National Power 
Corporation - Small Power Utilities Group (NPC-SPUG) areas.1 In 2015, the scope of 
the CSP was extended to all distribution utilities in procuring their respective power 
supply agreements (PSAs).2 From 2015 until 2021, the DOE, Energy Regulatory 
Commission (ERC), and National Electrification Administration have released various
1 DOE Circular DC2004-01-001 entitled "Prescribing the Rules and Procedures for Private Sector Participation in Existing NPC- 
SPUG Areas Pursuant to Rule 13 of the Implementing Rules and Regulations of the Electric Power Industry Reform Act of 
2001." 26 January 2004.
2 DOE Circular DC2015-06-008 entitled "Mandating All Distribution Utilities to Undergo Competitive Selection Process (CSP) 
Securing Power Supply Agreements (PSA)."11 June 2015.


policy issuances mandating a CSP. However, these issuances have led to confusion in 
the industry specifically on what CSP procedure should be followed and what the 
exemptions to the CSP are, if any. This confusion has led to a number of court cases, 
and a recent Supreme Court decision which requires CSP on all PSA applications 
submitted on or before 30 June 2015.3 Hence, there is a need to institutionalize the 
CSP in order to enhance regulatory certainty, competition, and transparency.
This proposed measure mandates a centralized~CSP conducted by a Third Party 
Auctioneer for all the uncontracted demand of the captive market. The CSP shall be 
conducted using an electronic network-based platform, and can only be undertaken if 
it is in accordance with the approved Power Supply Procurement Plan of each 
distribution utility. PSAs shall also be standardized for the protection of consumers. 
For example, all PSAs shall now include a provision for replacement power. Lastly, 
ERC shall no longer review and approve each PSA provided it went through the CSP 
and follows the standardized PSA format.
Given the foregoing, the immediate passage of this measure is^ought.
LIAN
3 G.R. No. 227670. 03 May 2019.


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
S.B. No.
SENATE
484
■fV 
of V
■22 JUL 13 A10 55
RliCEi\'l:D 3r'.
Introduced by Senator WIN GATCHALIAN
AN ACT
INSTITUTIONALIZING REFORMS IN THE COMPETITIVE SELECTION 
PROCESS OF POWER SUPPLY AGREEMENTS FOR THE CAPTIVE MARKET OF
THE ELECTRIC POWER SECTOR
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
CHAPTER I
GENERAL PROVISIONS
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SECTION 1. Short Title. - This Act shall be known as the "Competitive Selection
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Process for Power Supply Agreements Act".
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SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to:
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(a) Ensure the quality, reliability, security, and affordability of electric power
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supply;
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(b) Make certain that procurement of power supply agreements by distribution
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utilities engenders transparency, enhances certainty of supply, and guarantees
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stability of electricity prices to captive consumers; and


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(c) Protect public interest by ensuring least cost rates and quality of service to
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captive customers while the country has not yet transitioned to full retail
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competition.
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SEC. 3. Scope and Application, - This Act shall apply to all distribution utilities
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in the procurement of supply for their captive market including those in the off-grid
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areas, except in the case of new power providers, qualified third parties, and as
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otherwise provided in Section 25 this Act. It provides for the manner by which the
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procurement is to be undertaken, the required review procedure, and the timelines to
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be observed in such procedure.
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SEC. 4. Definition of Terms. - For purposes of this Act, the following terms shall
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be defined as stated below: Provided, That other terms used in this Act but not defined
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herein shall be understood to mean the way they are defined in Republic Act No. 9136,
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otherwise known as the Electric Power Industry Reform Act of 2001, and its
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implementing rules and regulations:
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(a) Affiliate refers to any natural or juridical person which, alone or together with
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other natural or juridical persons, directly or indirectly, through one or more
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intermediaries, controls, is controlled by, or is under common control with
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another natural or juridical person. Affiliates shall include a subsidiary
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company, a parent company and the subsidiaries, directly or indirectly, of a
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common parent;
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(b) Bid refers to the offer of a price by a generation company or a supply
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aggregator during the competitive selection process to serve the power demand
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volume put forward for procurement by a distribution utility or a group of
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distribution utilities, on their own or through a demand aggregator. The price
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is the generation charge converted to per kilowatt hour inclusive of all costs
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passed on to the consumers as determined by the Energy Regulatory
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Commission (ERC);
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(c) Captive market refers to the electricity end-users who do not have the choice
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of a supplier of electricity, as determined by the ERC in accordance with
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Republic Act No. 9136;


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(d) Competitiveseiectionprocess (CSP) refers to a procedure wherein a distribution
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utility or a group of distribution utilities, on their own or through a demand
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aggregator, undertake a transparent and competitive procurement of power
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supply agreements, in accordance with the provisions of this Act;
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(e) Demand aggregator refers to a natural or juridical person registered and
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licensed with the ERC, offering services for the consolidation of the power
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demand volume of distribution utilities for the purpose of subjecting it to a CSP;
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(f) Distribution utility (DU) refers to any electric cooperative, private corporation,
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government-owned utility, or existing local government unit which has an
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exclusive franchise to operate a distribution system in accordance with its
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franchise and Republic Act No. 9136, including those whose franchise area
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covers economic zones;
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(g) Electric cooperative (EC) refers to a DU organized pursuant to Presidential
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Decree No. 269, otherwise known as the National Electrification Administration
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Decree as amended;
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(h) Electronic network-based platform refers to a computer network system as well
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as the instruments and apparatuses allowing the execution of related methods
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of operation and a plurality of user client devices capable of connecting to the
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communication network;
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(i) Force majeure or fortuitous event refers to an extraordinary event which is not
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foreseen, or which, though foreseen, is inevitable. Such event may be
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produced by two general causes: (1) by nature, such as a typhoon, storm,
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tropical depression, flood, drought, volcanic eruption, earthquake, tidal wave,
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or landslide, and (2) by the act of man, such as an act of war, sabotage,
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blockade, revolution, riot, insurrection, civil commotion, or any violent or
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threatening action;
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(j) General conditions refers to provisions which are generally applicable to all
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power supply agreements as determined by ERC;
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(k) Generation company refers to any person or entity authorized to operate
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facilities used in the generation of electricity;
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(I) Invitation to bid refers to a letter of invitation, whose contents are determined
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by the ERC, for generation companies and supply aggregators to submit a bid


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for a power demand volume put forward for procurement by a DU or a group
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of DUs, on their own or through a demand aggregator;
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(m) Market operator voters to the independent market operator of the Wholesale
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Electricity Spot Market pursuant to Republic Act No. 9136;
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(n) Off-grid refers to areas that are not connected to the main high voltage
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backbone system;
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(o) Particular conditions refers to additional terms in the power supply agreement
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not found in the general conditions introduced either by the DU, generation
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company, or supply aggregator;
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(p) Power Supply Agreement (PSA) refers to a contract between a generation
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company or a supply aggregator and a DU whereby the latter purchases
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electricity from the former;
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(q) Power Supply Procurement Plan (PSPP) refers to the assessment of a DU of a
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variety of its demand side and supply side resources, as part of its Distribution
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Development Plan resulting in a comprehensive power supply procurement
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schedule to meet customer electricity demand while ensuring an optimal supply
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mix for its captive market and taking into account existing government policies;
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(r) Reserve price refers to the price set by ERC as a ceiling for each particular CSP;
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(s) Supply aggregator refers to any natural or juridical person, registered and
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licensed with the ERC to sell power to DUs by combining generation capacities
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of generation companies and supply from the Wholesale Electricity Spot Market;
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(t) Third party auctioneer (TPA) refers to a natural or juridical person mandated
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to coordinate and administer the conduct of all CSPs; and
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(u) Wholesale Electricity Spot Market (WESM) refers to the electricity market
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created under Republic Act No. 9136.
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CHAPTER II
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POWERS AND FUNCTIONS OF GOVERNMENT AGENCIES
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SEC. 5. The Department of Energy. - In addition to its powers and functions
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under Republic Act No. 7638, otherwise known as the Department of Energy Act of
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1992, as amended, the DOE shall:


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(a) Exercise its supervisory power over the CSP by ensuring that the general 
principles provided in this Act are complied with;
(b) Determine the components of the PSPP in accordance with Sections 4(q) and 
15 of this Act, and in consultation with ERC, NEA, National Power Corporation 
(NPC), and the DUs; and
(c) Ensure that all submitted PSPPs are aligned and consistent with the annual 
Power Development Plan and the Philippine Energy Plan with the end in view 
of ensuring sufficient power supply while eliminating over procurement of 
power by DUs.
SEC. 6. The Energy Regulatory Commission. - In addition to its powers and 
functions in Republic Act No. 9136, the ERC shall:
(a) Promulgate the CSP Regulations pursuant to Section 9 of this Act;
(b) Establish the reserve price for every CSP, in the exercise of its rate-setting 
power. In so doing, the ERC shall take into consideration, among others, a 
DU'S demand profile, the available supply in the market, pricing benchmarks, 
and a reasonable rate of return;
(c) Verify whether each CSP has complied with all procedures and requirements as 
specified in Section 20 of this Act; and
(d) Regulate the TPA pursuant to Sections 9 and 17 of this Act, including the 
reasonable fee for its services.
SEC. 7. National Electrification Administration. - In addition to its powers and 
functions under Presidential Decree No. 269, Creating the National Electrification 
Administration, as amended, and Republic Act No. 9136, the NEA shall:
(a) Assist and equip ECs in the formulation and creation of their PSPPs; and
(b) Facilitate the voluntary aggregation of ECs upon their request.
CHAPTER III
GENERAL PRINCIPLES OF A CSP


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SEC. 8. General Principles. - DUs shall procure their power requirements
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through a CSP and the WESM, except as otherwise provided in Sections 22, 23, and
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25 of this Act. All CSPs shall be governed by the following principles:
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(a) Ensure sufficient and reliable power capacity is built in a timely manner, and
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acquired at the least possible cost by:
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(i) 
Enjoining completion of each CSP within a reasonable period of time,
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(ii) 
Making certain that every CSP is open to all technologies and resources
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subject to the load, operational, and system requirements of the
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concerned DU, including market considerations, and existing and future
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policies pursuant to applicable laws, rules, and regulations;
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Having an undisclosed reserve price for each CSP, as determined by the
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ERC, above which no offer shall be accepted;
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(b) Eliminate barriers to entry and maintain regulatory stability by:
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Establishing a sole and centralized TPA tasked with conducting the
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various CSPs of all DUs,
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Mandating a clear and transparent CSP procedure with uniform
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requirements; and
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Requiring standardized forms, documents, and contracts for the CSP;
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and
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(c) Implement an effective monitoring and evaluation system to detect
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anticompetitive bidding behavior among CSP participants, which includes
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consumer consultation and representation in the CSP.
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SEC. 9. CSP Regulations. - The CSP Regulations shall be promulgated by the
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ERC in consultation with all private and public stakeholders within thirty (30) days
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from the formulation of this Act's implementing rules and regulations. The CSP
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Regulations shall Include, among others:
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(a) Duties, responsibilities, guarantees, and liabilities of all CSP participants in
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accordance with Chapter IV of this Act;
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(b) Rules, procedures, requirements, and timelines of the following:
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(i) The entire CSP including rules and guidelines for the evaluation of bids
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and awarding of PSAs: Provided, That the complete procedure shall not


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exceed ninety (90) days from the issuance of the invitation to bid until
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to the awarding of the PSA to the winning bidder;
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(ii) 
Qualification, procurement, and performance 
indices for the TPA
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including;
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(1) Detailed scope of work,
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(2) Bonds and guarantees,
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(3) Cost recovery mechanism and reasonable fees for the services of TPA,
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except as otherwise provided in Section 17 of this Act,
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(4) Monitoring and evaluation framework, and
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(5) Prohibited acts and penalties,
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(iii) 
Registration of all CSP participants with the TPA,
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Registration and licensing of demand aggregators and supply
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aggregators,
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Determination of the reserve price of every CSP,
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Preparation of the particular conditions of a PSA,
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Negotiated PSAs in accordance with Sections 22, 23, and 25 of this 
Act,
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and
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(viii) Grievance and dispute resolution mechanism;
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(c) Standardized contents of an invitation to bid and all other documents and forms
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necessary in the conduct of the CSP;
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(d) Standardized general conditions of a PSA in accordance with Section 19 of this
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Act;
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(e) Fines and penalties for non-compliance with any of the CSP Regulations; and
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(f) Other such rules, procedures, and requirements that will ensure the effective
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regulation of the CSP.
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CHAPTER IV
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CSP PARTICIPANTS
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SEC. 10. Participants. - The participants to the CSP are DUs, demand
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aggregators, generation companies, and supply aggregators, which shall all be duly-


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registered with the TPA. Ail CSP participants shall undergo training in accessing the 
CSP electronic network-based platform utilized by the TPA.
SEC. 11. Mandatory Registration. - Upon the promulgation of the CSP 
Regulations, CSP participants shall register in accordance with Section 9(b)(iii) of this 
Act: Provided, that such registration shall bind the CSP participant to specific duties, 
responsibilities, guarantees, and liabilities pursuant to Section 9(a) of this Act. The 
ERC shall exercise ownership over the said registry which the TPA shall develop, 
update, and maintain. The TPA shall turn over such registry to the ERC upon the end 
of its contract or at any time the ERC deems it necessary.
SEC. 12 . Distribution Utiiities. - Each DU shall:
(a) Prepare its annual PSPP pursuant to Section 15 of this Act;
(b) Based on this PSPP, the DU shall:
(i) 
Determine the power demand volume it shall put forward for 
procurement through a CSP, and
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Formulate the schedule for its CSP in accordance with the power 
demand volume determined;
(c) Be prohibited from passing on the reasonable fee for the services of the TPA
to its captive customers; and
(d) Be liable for all provisions in the PSA together with all the other signatories
such as generation companies and supply aggregators.
SEC. 13. Demand aggregator. - Demand aggregators shall serve as mere 
representatives of DUs in the CSP and shall not have the legal personality to enter into 
any PSA on behalf of the aggregated DUs. Generation companies and the transmission 
concessionaire, as well as any of their affiliates, shall be prohibited from acting as a 
demand aggregator.
SEC. 14. Suppiy aggregator. - Supply aggregators shall demonstrate sufficient 
financial and technical capabilities to ensure timely delivery of power demand volume


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put forward for procurement by DUs. The transmission concessionaire and its affiliates 
shall be prohibited from acting as a supply aggregator.
SEC. 15. Power Supply Procurement Plan. - Every DU shall prepare and submit 
its annual PSPP to the DOE as part of its annual Distribution Development Plan. In 
the preparation of the PSPP, the DU shall undertake a cost-benefit analysis of the 
power supply requirements for its captive market taking into consideration, among 
others, prevailing price in the market, energy demand forecasting, load, system, and 
operational requirements, other market considerations, and existing and future 
policies pursuant to applicable laws, rules, and regulations.
The PSPP shall be updated annually and approved by the Board of Directors of 
the DU and submitted to DOE on or before the 15th of March of each year. In the 
case of ECs, the submission shall include the NEA. In the case of off-grid areas, the 
submission shall include the NPC. DOE, with NEA in the case of ECs and NPC In the 
case of off-grid areas, shall endorse the submitted PSPP within thirty (30) days from 
receipt to the ERC and the TPA. The endorsed PSPPs shall be posted by the ERC in 
the electronic portal as provided under Section 27 of this Act.
CHAPTER V
THIRD PARTY AUCTIONEER
SEC. 16. Powers and Functions of the Third Party Auctioneer. - The TPA shall:
(a) Be the sole body that coordinates and administers the conduct of all CSPs;
(b) Provide and manage a secure electronic network-based platform for the bidding 
component of the CSP, subject to CSP Regulations, and the implementing rules 
and regulations of this Act;
(c) Be liable for any negligence, abuse, delay, or preferential treatment in the 
conduct of the CSP including security breaches to the electronic platform;
(d) Be entitled to recover its costs and a reasonable fee for its services, except as 
otherwise provided in Section 17 of this Act; and
(e) Be regulated and its operation monitored and evaluated by the ERC.


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SEC. 17. Qualification and Operations of the Third Party Auctioneer. -The
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market operator shall initially serve as the TPA for two (2) years from the
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commencement of its operations which shall be no later than one (1) year from the
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effectivity of this Act. The market operator shall not be entitled to a reasonable fee
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for its services but shall endeavor to use all of its existing systems and electronic
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platforms available to mitigate the costs of the conduct of the CSP. It shall submit an
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implementation plan to DOE and ERC within two (2) months from the effectivity of
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this Act.
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At the end of two (2) years, the ERC shall contract and appoint, after
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competitive bidding, a new TPA whose contract term shall be determined by ERC:
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Providedf That the market operator shall not be precluded from Joining the competitive
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bidding. The new TPA shall have vast experience in competitive bidding, sufficient
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knowledge of the electric power industry, and a demonstrated ability to manage and
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conduct the CSP.
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The ERC shall review, at least once a year, the performance of the TPA
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according to a monitoring and evaluation framework incorporated in the CSP
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Regulations in accordance with Section 9(a)(ii)(4) of this Act: Provided, That ERC can
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at any time, motu proprio or upon complaint, determine negligence, abuse, delay,
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preferential treatment, or non-performance by the TPA and impose penalties upon
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any finding of such.
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SEC. 18. Disqualification as Third Party Auctioneer. - All generation companies,
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transmission utilities, DUs, retail electricity suppliers, demand aggregators, supply
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aggregators, corporations involved in upstream exploration, development, and
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production as well as downstream operations, and all their affiliates, and all the
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members of the board of directors, officers, and employees, including their relatives
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up to the fourth degree of consanguinity or affinity are prohibited from acting as, being
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affiliated with, or having any stake in the TPA.
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CHAPTER VI
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FEATURES OF A CSP
SEC. 19. Standardized Contracts. - All contracts, forms, and documents used 
for the CSP shall be standardized and unified. PSAs shall have general conditions and 
particular conditions. The general conditions shall include a maximum contract period 
to be determined and adjusted regularly by ERC, and a provision for replacement 
power, the cost of which shall be shouldered by the generation company or supply 
aggregator. The particular conditions shall be reviewed and approved by the ERC 
pursuant to Section 9(b)(vi) of this Act.
SEC. 20. Results and Approval. - The TPA shall submit a report to ERC after 
the determination of the winning bidder within a period of time determined by ERC. 
The ERC shall, within fifteen (15) days from its receipt of the report, issue a resolution 
indicating whether or not the conduct of the CSP is compliant with this Act, its 
implementing rules and regulations, and the CSP Regulations. It shall likewise indicate 
whether the winning bid is below the reserve price. All PSAs awarded through a CSP 
and given a resolution of compliance shall be submitted to the ERC and shall no longer 
be subjected to its review and approval.
SEC. 21. Non-Compliance with CSP Procedures and Regulations. - Upon ERC's 
finding of non-compliance by any CSP participant or the TPA with this Act, its 
implementing rules and regulations, and the CSP Regulations, it shall order the TPA 
to re-administer the entire CSP subject to fines and penalties as determined by the 
ERC.
SEC. 22. Force Majeure or Fortuitous Event - A DU may enter into an interim 
negotiated contract with a generation company or supply aggregator on the basis 
solely of force majeure or fortuitous event: Provided, That the interim negotiated 
contract shall be effective immediately but shall be subject to a full review by the ERC 
in the exercise of its rate-making power, the results of which must be concluded and 
released within thirty (30) days from the parties' submission of all documents; 
Provided further, That the interim negotiated contract shall have a maximum period
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of one (1) year and the price shall not be higher than the reserve price for similarly 
situated power demand volume put forward for procurement.
SEC. 23. Failed Bidding. - On the day of actual bidding, failed bidding happens 
under the following circumstances:
1. When there are no bids submitted for two consecutive rounds;
2. When there is only one bidder and its bid is above the reserve price for two 
consecutive rounds; or
3. When there is more than one bidder, and all bids are above the reserve price 
for two consecutive rounds.
Upon a failed bidding, the DU can enter into a negotiated contract with a 
generation company or supply aggregator: Provided, That the contract shall be subject 
to a full review of ERC in the exercise of its rate-making power, the results of which 
must be released within ninety (90) days from the parties' submission of all 
documents.
SEC. 24. Negligence and Abuse. - Any allegation of negligence or abuse on the 
part of the TPA at any stage of the CSP shall be filed with the ERC: Provided, That this 
is without prejudice to any civil or criminal case against the TPA.
SEC. 25. Off-Grid Areas. - The DOE shall provide a different CSP procedure in 
consultation with NPC and NEA for those off-grid areas with small demand, security 
problems, and any other similar criteria. No CSP shall be required for the supply of 
the NPC to the DUs in off-grid areas.
CHAPTER VII 
TRANSPARENCY
SEC. 26. Observers. - The TPA shall, in all stages of the CSP, ensure that DOE, 
ERC, NEA, NPC, and other interested parties as determined by DOE are informed and 
that their representatives are allowed to observe.
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SEC. 27. Electronic Portal. - The ERC shall develop or procure an electronic 
portal which shall serve as the primary source of information on the CSP: Provided, 
That the ERC shall ensure the integrity, securi^// and confidentiality of all documents 
submitted through the electronic portal.
In all stages of the CSP, the TPA shall ensure that information from generation 
companies, supply aggregators, DUs, and demand aggregators shall be posted on the 
electronic portal to ensure equal access of information for all the CSP participants: 
Provided, That no proprietary information shall be posted on the electronic portal.
CHAPTER IV
PROHIBITED ACTS AND PENALTIES
SEC. 28. Confidentiality. - Prior to their official release, no aspect of the 
documents used in any CSP shall be divulged or released to any prospective generation 
company, supply aggregator, DU, demand aggregator, or any other person or entity 
having direct or indirect interest In the PSAs subject of CSP.
SEC. 29. Administrative Offenses. - The following acts, when committed by a 
government official or employee, shall be considered administrative offenses:
a) Breach of confidentiality as provided under Sections 27 and 28 of this Act;
b) Willful acts which delay the operationalization of the CSP; and
c) Failure to comply with the mandated timelines prescribed under Sections 9,15,
17, 20, 22, 23, and 34 of this Act.
SEC. 30. Administrative Penalties. - Any government official or employee found 
guilty of the act stated in Sections 29 (a) and (b), on the first offense shall be 
suspended from service for six (6) months and one (1) day to one (1) year without 
pay, and on the second offense shall be dismissed from service that shall carry with it 
perpetual disqualification from holding public office.
Any government official or employee found guilty of the act stated In Sec. 29 
(c), on the first offense shall be reprimanded, on the second offense shall be 
suspended from service for one (1) to thirty (30) days, and on the third offense shall
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be dismissed from service that shall carry with it perpetual disqualification from holding 
public office.
SEC. 31. Criminal Offenses. - The performance of the following acts by any 
person shall be considered a criminal offense:
1) Disclosure of the reserve price by any individual before the proclamation of the 
winning bidder;
2) Tampering with the CSP software;
3) Manipulation of any stage of the CSP procedure to unduly favor any participant;
4) Commission of cybercrime as defined by Republic Act No. 10175, otherwise 
known as the Cybercrime Prevention Act of 2012, including the manipulation or 
interference with the electronic network-based platform for bidding and the 
electronic portal of the ERC;
5) Negligence or abuse in the conduct of the CSP, including in the management 
and operation of the electronic network-based platform for the bidding 
component of the CSP;
6) Violation of Section 27 of this Act; and
7) Collusion among CSP participants.
SEC. 32. Criminal Liability. - Any person found guilty of the acts stated in 
Section 24 shall receive a punishment of prision mayor a fine ranging from Five 
hundred thousand Philippine pesos (P500,000.00) to Fifty million Philippines pesos 
(P50,000,000.00)
CHAPTER V 
FINAL PROVISIONS
SEC. 33. Prospective Application of CSP. - The coverage of the CSP as specified 
in this Act shall have prospective application. PSAs filed before the ERC prior to the 
operationalization of this Act, shall be exempt from its coverage.
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SEC. 34. Implementing Rules and Regulations. -The DOE, in consultation with 
ERC, NEA, NPC, and public and private stakeholders shall formulate the implementing 
rules and regulations of this Act within thirty (30) from its effectivity.
SEC. 35. Transitory Provision. - Pending the formulation and effectivity of the 
implementing rules and regulations and CSP Regulations, the existing ERC Resolutions 
on CSP shall continue to apply.
SEC. 36. Separability Clause. - If any portion or provision of this Act is declared 
to be unconstitutional, the remainder of this Act or any provisions not affected thereby 
shall remain in force and effect.
SEC. 37. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, rule or regulation inconsistent with the provisions 
of this Act Is hereby repealed or modified accordingly.
SEC. 38. Effectivity. - This Act shall take effect fifteen (15) days following its 
complete publication in the Official Gazette or a national newspaper of general 
circulation.
Approved,
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