,',
-
Republic of the Philippines
ENERGY REGULATORY COMMISSION
San Miguel Avenue, Pasig City
IN THE MATTER
OF THE
PETITION
TO ADOPT
THE
PROPOSED
RULES
TO
GOVERN THE INSTALLATION
AND
USE
OF
SMART
REVENUE
METERS
FOR
ADVANCED
METE~NG
INFRASTRUCTURE
(AMI)
SYSTEM APPLICATION
AND
PERTINENT
FUNCTI,ONALITI ES,
ERC CASE NO. 2015-001 RM
VISA YAN
ELECTRIC
COMPANY, INC. (VECO),
Petitioner.
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Date:;
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ORDER
On March 16, 2015, Visayan Electric Company, Inc. (VECO)
filed a petition to adopt the proposed rules to govern the installation
and use of smart revenue meters for Advanced
Metering
,Infrastructure System (AMI) system application and other related
functionalities (Smart Meters).
On July 27, 2015, the Commission set the said petition for
public consultation at its Head Office at the Pacific Center Building, .
San Miguel Avenue, Pasig City. During the said consultation,
MERALCO appeared and manifested its Comments on the subject
petition. The Commission recommended the creation of a Technical
Working Group (TWG) to study and review the proposed rules
subject of this petition which will be headed by Engr. Saludes of
VECO with representatives from the Commission, MERALCO and the
Dagupan Electric Corporation (DECORP) who were also present
during the hearing. The TWG was directed to hold meetings pursuant
to the Commission's instructions.
ERC CASE NO. 2015-001 RM
ORDER/November 26, 2015
. Page 2 of 3
On August 20, 2015, at the instances of the City Council of
Cebu, another public consultation was held at the Cebu City Hall,
Magallanes St., Cebu City, Cebu for the said petition.
In the meantime, pursuant to the Commission's directive, the
TWG drafted the revisions to the proposed RULES TO GOVERN
THE INSTALLATION AND USE OF SMART REVENUE METERS
FOR ADVANCED METERING INFRASTRUCTURE (AMI) SYSTEM
APPLICATION.
Relative thereto, the Commission has set the Draft Rules for
public consultation on December 4, 2015 (Friday) at two o'clock in
the afternoon (2:00 P.M.) at the ERC Hearing Room, 15th Floor,
Pacific Center Building, San Miguel Avenue, Pasig City.
Another public consultation will be held on December 11,2015
(Friday) at nine o'clock in the morning (9:00 A.M.) at ERC
Visayas Field Office, St. Mary's Drive, Banilad Cebu City.
.
All interested parties may submit their comments on the said
Draft Rules on or before January 7, 2016. Electronic copies may be
sent to standards@erc.gov.ph
and meter@erc.gov.ph.
Parties who
have filed their written comments on or before the prescribed period
shall be given priority during the above-scheduled public consultation.
Copies of the said "Rules To Govern The Installation and Use of
Smart Revenue Meters for Advanced Metering Infrastructure (AMI)
System Application" may be downloaded from the ERC-administered
website at www.erc.gov.ph or may be photocopies, at cost, during
regular office hours at the ERC Main Office.
SO ORDERED.
Pasig City, November 26, 2015.
FOR AND BY AUTHORITY
OF THE COMIISSION
JOSEFINA PATRI
Co
A. MAGPALE-~SIRIT
missioner
i
..
ERC CASE NO. 2015-001 RM
ORDER/November 26,2015
Page 3 of 3
Copy Furnished:
1. Visayan Electric Company, Inc. (VECO)
VECO Compound, J. Panis Street
Banilad, Cebu City
2. Attys. Katrina M. Platon, Ma. Consolacion C. Mercado and
Lew Carlo C. Lopez
Counsel for Applicant
16th Floor, NAC Tower 32nd St. Bonifacio Global, Taguig City
3. Atty. Francis Dino
Counsel for MERALCO
Lopez Building, MERALCO Center
Ortigas Ave., Pasig City
4. Dagupan Electric Corporation (DECORP)
AB Fernandez WAve, Dagupan, Pangasinan
5. Councilor Nestor D. Archieval
Committee on Energy
Sangguniang Panglunsod, Cebu City
6. Office of the Solicitor General
134 Amorsolo Street, Legaspi Village, City of Makati 1229
7. Commission on Audit
Commonwealth Avenue, Quezon City 1121
8. Senate Committee on Energy
GSIS Building, Roxas Boulevard, Pasay City 1300
9. House of Representatives Committee on Energy
Batasan Hills, Quezon City 1126
10. Philippine Chamber of Commerce and Industry (PCCI)
3rd Floor, Chamber and Industry Plaza (CIP),
1030 Campus Avenue corner Park Avenue,
McKinley Town Center, Fort Bonifacio, Taguig City
11. All Distribution
Utilities
Draft
NO.2
RULES TO GOVERN THE IMPLEMENTATION OF
ADVANCED METERING INFRASTRUCTURE (AMI)
BY DISTRIBUTION UTILITIES AND
OTHER AUTHORIZED SERVICE PROVIDERS
,
Pursuant to Section 43(h) of Republic Act No. 9136 and Section 4 (0), Rule
3 of its Implementing Rules and Regulations, the Energy Regulatory Commission
hereby accepts and promulgates the following Rules to Govern the
Implementation of an Advanced Metering Infrastructure (AMI) System by
Distribution Utilities and Other Authorized Service Providers, to be known as the
AMI Rules.
ARTICLE I. GENERAL PROVISIONS
Section
1.
Objectives
These Rules shall have the following objectives:
1.
To promote demand side management and energy efficiency by
providing tools/services that empower consumers to manage their
consumption;
2.
To enhance the operational efficiency of the Distribution Utility (DU)
and the reliability of its network;
3. To provide guidance toDUs in the implementation of the Advanced
Metering Infrastructure (AM!), its related features, services and
functionalities;
4. To establish technical standards foran AMI project,smart meters and
other
devices,
communication
platforms,
and
software
applicationsnecessary to operationalize the system;
5. To establish rules for the AMI in addition to all other applicable existing
customer protection rules; and
6. To support Retail Competition and Open Access.
Advanced Metering Infrastruchire
Draft No. 2
Section
2.
(AMI) Rules
Scope
These Rules shall apply to the following:
a. All DUswithin their respective franchise areas and other servIce
providers authorized to implement AMI; and
b. All customer classes except as otherwise provided for in these Rules
and other existing ERC rules and regulations.
Section 3. Definition
of Terms
"AMI" or "Advanced
Metering
Infrastructure"refers
to an
integrated system that is typically comprised of smart meters and other
related devices, communication platforms and/or a combination thereof,
and meter data collection and management systems. AMI is a component
of a smart grid inwhich metering data is transported via wired or wireless
means at a defined interval from the consumer smart meter to the
distribution utility's AMI.
"American National Standards Institute (ANSI)"refers toa private
non-profit organization that oversees the creation, promulgation, and use
of voluntary consensus standards for products, services, processes,
systems, and personnel in the United States.
The "Advanced
Metering
Infrastructure
Security
(AMISEC)"refers to a set of security guidelines applicable for AMI established
by the Utility Communications Architecture International Users Group
(UCAIug)..
"Authorized Service Providers" refer to entities allowed by existing
rules and regulations to provide metering and/or AMI-services under the
regime of retail competition and open access (RCOA)pursuant to Article
IX hereof;
"CoIIector"or "Concentrator"
refers to a field functional equipment
that provides the communication interface between the smart meters and
the Head End System. Collectors receive and collect the data from the
meter and sends it to the Head End system.
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Advanced Metering Infrastructure
Draft No. 2
(AMI) Rules
"Communication
Platform"refers
to a combination of network
elements that enable two-way communication to and from the meter and
the data center.
.
"Customer" refers to any person, natural or juridical, who is theregistered
customer of the DU or any person authorized by the registered customer to
occupy the premises and enjoy electric service being supplied with
electricity by the concerned DU or ERC-authorized service provider.
"Data Center" refers to a centralized repository of servers, storage and
Information and Communication Technology (lCT) network, either
physical or virtual, responsible for data dissemination and information
organized around a particular business.
"Demand Side Management"
refers to measures undertaken by
distribution utilities to encourage end-users in the proper management of
their load to achieve efficiency in the utilization of fixed infrastructures in
the system.
"DU" or "Distribution
Utility" refers to any electric cooperative,
private corporation, government-owned utility or existing local
government unit which has exclusive franchise to operate a distribution
system in accordance with its franchise and the Act.
"Demand Control, "for purposes of this Rules, refers to the feature of the
AMIthat allows the DU to limit, interrupt and/or restore power to the
identified load for a period of time.
"Demand Response"refers to a voluntary program where end-users
change their usage pattern to manage electricity consumption in response
to market prices or when system reliability is endangered. Demand
Response includes all induced or intentional modifications to the
consumption pattern of the customer to alter the timing, level of demand,
or the total electricity consumption.
"Direct Load Control" refers to a demand response activity by which, as
agreed upon by both parties, the customer's electrical equipment is
remotely shut down or cycled on short notice. Direct load control programs
are primarily offered to residential or small commercial customers.
"Distributed Energy Resources" refers to smaller power sources that
can be aggregated to provide power necessary to meet regular demand.
These may also refer to demand- and supply-side resources that can be
3
Advanced Metering Infrastructure (AMI) Rules
Draft No. 2
deployed throughout the system of an electric utility to meet the energy
and reliability needs of the customers served by the system, including, but
not, limited to, renewable energy facilities, managed loads (including
electric vehicle charging), energy storage, and other measures necessary to
incorporate renewable generation resources, including load management
and ancillary services, such as reserves, voltage control, and reactive
power, and black start capabilities.i
"DSOAR" refers to the Distribution Services and Open Access Rules,
including any amendments thereto.
"Elevated Metering Center" refers to the structure attached to DD's
poles or other structures on which a cluster of meters is installed beyond
the mounting height per Magna Carta and DSOAR provisions.
"Export Energy" refers to energy exported or delivered by the customer
to the Grid/Distribution System;
"European Union Agency for Network and Information Security
(ENISA)"refers to a centre of network and information security expertise
for the ED, its member states, the private sector and Europe's citizens.
ENISA works with these groups to develop advice and recommendations
on good practice in information security. It assists ED member states in
implementing relevant ED legislation and works to improve the resilience
of Europe's critical information infrastructure and networks. ENISA seeks
to enhance existing expertise in ED member states by supporting the
development of cross-border communities committed to improving
network and information security throughout the EU.
"Home Area Network (HAN)"refers to a voluntary program to provide
customers with the ability to manage and control their connected loads
through a systemprovided by the DU.
"Import Energy" refers to energy imported or received by the customer
from the Grid/Distribution System;
"International Electrotechnical Commission (IEC)"refers to a
worldwide organization for International Standards and Conformity
Assessment for all electrical, electronic and related technologies also
known collectively as electrotechnology.
"Interruptible Load" refers to a demand response program in which, as
agreed upon by both parties, electric consumption of the customers is
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Advanced Metering Infrastructure (AMI) Rules
Draft No. 2
subjected to curtailment or interruption by the DU under tariffs or
contracts that provide a rate discount or bill credit for agreeing to reduce
load during system contingencies.
"Interval Reading" refers to any metered data (kWh consumption data,
or kW demand) collected and recorded at fixed time interval.
"Magna Carta" refers to the Magna Carta for Residential Electricity
Consumers including the Guidelines to Implement the Magna Carta issued
by the ERC and any amendments thereto.
"Meter Communication
Module" refers to the radio component inside
smart meters which enables the meter to communicate with other nodes
(meters, routers, collections) in the mesh.
refers to the system that
aggregates, validates, estimates and edits (VEE)meter data such as energy
export and import, and meter logs. An MDMS stores this data for a limited
amount of time before it goes to a data warehouse and makes this data
available to authorized systems.
"Meter
Data
Management
System"
"National Institute of Standards and Technology Interagency
Report 7628 (NISTIR 7628)"refers to the Smart Grid Cybersecurity
guidelines covering security requirements, guidance on technical, process,
organizational areas.
"Net Metering" refers to a system, appropriate for a distributed
generation, in which a distribution grid user has a 2-way connection to the
grid and is only charged or credited, as the case may be, the difference
between its import energy and export energy.
"Outage Detection" refers to the feature of a smart meter through the
AMI which gives information to the DU of any customer experiencing
power outage.
"Outage Management" refers to a system that can be used to optimize,
automate, and efficiently manage outage and restoration of the distribution
grid using data from field sensors and smart meter data.
"PDC" refers to the Philippine Distribution Code and any amendments
thereto.
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Advanced Metering Infrastructure (AMI) Rules
Draft No. 2
"Prepayment or Prepaid Retail Electric Service (PRES)" refers to
an electric service using a prepaid metering system designed to allow a
customer to purchase credit and then use electricity until such time as the
credit is exhausted.
"Remote Connection" refers to the connectionof a new customer,
following the physical installation of the metering facilities, to the
distribution system of a Distribution Utility using the automated features
of a smart meter and without the need to physically access the customer's
premises.
refers to the interruption/disconnection of
power to the customer's property via the AMI meter's remote service
disconnect switch through the Distribution Utility's AMI without the need
to physically access the customer's meter and/or disconnecting means.
"Remote Disconnection"
"Remote Reading" refers to meter reading and recording using the
automated features of a smart meter and without need to physically access
the customer's premises.
refers to the restoration of power to the
customer's property via the AMI meter's remote service disconnect switch
through the Distribution Utility's AMI without the need to physically
access the customer's meter and/or disconnecting means.
"Remote Reconnection"
"Smart Meter"refers to an advanced technology electric meter capable of
two-way communication that can measure, record, and transmit timevarying energy usage data and its components, derivatives, and
events/logs. It includes a communications modulefor remote access
function, and may also serve as a gateway between the utility, customer
site, and customer's Home Area Networking devices and/or load
controllers.
"Time of Use (TOU)" refers to a service that allows DUs to offer energy
pricing scheme/s based on the time of day when electricity is generated
and the cost of supplying the same to customers during these specific
periods, as agreed upon by both parties.
Prior to the
implementation of an Advanced Metering Infrastructure (AMI) project, a DU or
authorized service provider must secure approval of the said project from the
Commission.
Section
4.
ERC Approval
of
6
AMI Project.
-
Advanced Metering Infrastructure (AMI) Rules
Draft No. 2
An AMI project shall comprise of the architecture to be used and the
services to be provided to the DU's customers.
Section 5. AMI Services; Basic Services and Supplemental AMIEnhanced Services
An AMI must have the ability to deliver the basic services of remote
reading, remote connection and reconnection, remote disconnection, interval
reading, outage detection and meter irregularity detection (MID). Customers
must likewise be provided with a mechanism to receive notifications and
warnings provided for under these rules, when applicable.
In addition to the basic services, supplemental AMI-enhanced services may
likewise be delivered by the concerned distribution utility in accordance with
these Rules and other existing rules and regulations. These supplemental AMIenhanced services and capabilities include, but are not limited to, outage
management, demand response, time-of-use, net metering, prepayment, power
quality management, home area networks, and new AMI features and capabilities
developed through technological advancements after the effectivity of these rules.
ARTICLEII.REQUIREMENTS FOR THE
ADVANCED METERING INFASTRUCTURE (AMI) SYSTEM
Section 6. Application for approval of an AMI.
A DU shall file with the ERC for approval an application to provide AMI
prior to offering such services to customers.
Each applicant shall be required to furnish the following information:
a. Its legal name and business address;
b. Written description of the technical specifications of its AMI
components and a certification that each of the following components
meet the minimum requirements specified in these rules, to wit:
i. The type and features of the Smart Meter and other devices to be
used;
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Advanced Metering Infrastructure
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(AMI) Rules
ii. The type of Communication platforms to be used;
iii. The associated systems to be used; and
iv. The services to be implemented through AMI;
c. The number of years of summarized record of electric charges that the
AMI can produce;
d. Smart Meter type test approval from ERC;
e. The manner by which to recover the cost of the AMI;
f. The benefits to be derived by the DU or authorized service provider and
their customers from the implementation of the AMI;
g. The target date of implementation or phases thereof in case of partial
deployments; and
h. Program on how to inform the customers about the AMI.
Section 7. Application for approval of an Supplemental AMIEnhanced Service or Combinations thereof for incorporation with the
DU's current AMI.
A DUshall file with the ERC for approval an application to provide a
Supplemental AMI-Enhanced Service or Combinations thereof for incorporation
with the DU's current AMI prior to offering such services to customers.
Each applicant shall be required to furnish the following information:
a. Its legal name and business address;
b. Description of the applicant's current AMI set-up approved by the
Commission;
c. The type and features of the Smart Meter and other devices to be used,
if applicant will be using a different type of Smart Meter and other
devices;
d. The type of additional Communication platforms to be used, if any;
8
Advanced Metering Infrastructure
Draft No. 2
(AMI) Rules
e. The additional associated systems to be used, if any;
f. The additional services to be implemented through AMI;
g. The Smart Meter type test approval from ERC, if applicable;
h. The manner by which to recover the cost of implementing the
supplemental AMI-enhanced AMI functionality/ies;
1.
The benefits to be derived by the applicant and its customers from the
integration of the proposed AMI service into the DU'sAMI;
J. The target date of implementation or phases thereof in case of partial
deployments; and
k. Program on how to inform the customers about the proposed AMI
functionality lies.
Section 8. Testing and Inspection
Software
of AMI Hardware
and
During the pendency of the application, the Commission or its
representatives may verify the accuracy of the stipulations in the application
through the conduct of testing and inspections of the hardware and software
currently available to be used in the proposed AMI or supplemental AMIenhancedservices.
ARTICLEIII. REQUIREMENTSFOR THE SMARTMETER
Section 9. AMI-eligible Smart Meters
Only those types of meters with prior approval from the ERC are eligible
for use in AMI revenue metering. The smart meter should be certified by the
International Electrotechnical Commission (IEC) or American National
Standards Institute (ANSI) that it complies with their respective standards.
Section 10. Accuracy Requirements for the Smart Meter and
other metering facilities
9
Advanced Metering Infrastructure
Draft No.
(AMI) Rules
2
------------------------------------~----------------------------------------------------------------For purposes of these Rules, the metering facilities shall comprise of the
smart meter, collector (if applicable), and the head-end system.
Before installation, the smart meters must be tested and sealed by the ERC.
All smart meters should have an average accuracy of as close as possible to the
condition of zero error before they are placed in service. The tolerance limits of
new smart meters and subsequently, while in service, provided for in existing
ERC rules and regulations, shall apply.
The ERC,in consultation with the DUs and service providers,shall establish
and adopt guidelines to ensure the integrity of the data transmitted from the
meter to the MDMS, throughout the use of such metering facilities. However,
prior to the adoption of such guidelines, the applicant DU/service provider must
prove the same in its application for approval of its AMI project.
Section
11.
Location of Smart Meters
As a general rule, smart meters shall be installed in a clean place free of
vibration and where it will be accessible and visible for reading and testing by
both the DU and the consumer, unless otherwise provided for under these Rules.
However, for smart meters with alternative display, providing the information
through the allowable load monitoring device or mechanism shall be deemed in
compliance with the requirement of visibility for reading.
Smart meters may also be located in other areas based on justifiable
reasons. Theprovisions on the location and relocation of meters in existing ERC
rules and regulations including but not limited to the Magna Carta for Residential
Electricity Consumer, the DSOAR and the Rules on Elevated Metering
Centers,shall apply.
Section
12.
Deposit Requirement of Smart Meters
A smart meter shall be provided to the customer by the DU and no deposit
shall be collected from customers, consistent with the provisions of the Magna
Carta, DSOARand/or Section 48 of these Rules.
ARTICLE IV. BUILDINGBLOCKSOF AN AMI
Section 13. AMI End-to-End Architecture
10
. !
Advanced Metering Infrastructure
Draft No. 2
Meter Communication
~ •..•••••••
(AMI) Rules
Transport
Communication
Head End
System or
MDCS
IIII~~lli.iJ]lI:li'll'lfirniimin[.m]~!I:.Il:~.~~RiJl[]JHmnii.~·
••••••••
Meter Data
Management
System
~
A typical architecture of an AMI is shown above.
As defined in these Rules, the AMI architecture shall include Smart
Meter/s,Collector or Concentrator, Head-End or Meter Data Collection System/s,
Meter Data Management System, and the necessary Communication Platforms
for collecting meter data and backhauling or transporting back to DU's Data
Center.
Section 14.Smart Meters and Other Devices
A DU or authorized service provider shall use smart meters and other
devices that will fully operationalize the AMI as approved by the Commission.
A smart meter shallat least have the basic minimum technical
specifications to support the delivery of the basic AMI services outlined in Article
V.
a. Active Energy and Demand "kWh-kW" meter
b. Operating Voltage +/ - 10% of the nominal voltage
c. Frequency: nominal at 60Hz
d. Load Performance Accuracy, in accordance with ERC Resolution No. 12,
Series of 2009, as amended
e. Disconnecting device
Other features, including but not limited to voltage quality detection,
demand control, ability to interface with a home area network of the customer
may be present on an optional basis by the DU.
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(AMI)Rules
Section 15. Collector
Collectors or Concentrators may also be installed for the purpose of
collecting data from the smart meters and serve as the gateway between the
meters and the data center. Features may include the following: Alarm and
Events (i.e., Power and Communication Outage/Restoration), Battery. They may
also support multiple WAN solutions.
Section 16. Communication
Platforms
An AMI project may utilize one or more existingcommunication platforms,
including but not limited to wireless (e.g., radio frequency (RF) and cellular
solutions) or wired (e.g., power line carriers (PLCs) and RS48S) options, as well
asnew generation communication platforms developed through technological
advancements after the effectivity of these rules.
Communication networks and equipment,
depending on the
communication platform utilized by the utility, should be in place to enable twoway communication.
The communication platform should be compliant to globally and locally
accepted standards.
Section 17. Head End System or Meter Data Collection System
The DU shall install a Head End System (HES) or Meter Data Collection
System (MDCS) that will serve as the main user interface. The HES or MDCS
shallbe able to support the DU's or authorized service provider's AMI services
which may include the following: remote upgrade of software/firmware; remote
configuration of smart meters; network and device management capability;
scheduled, on-request. and end-point initiated data collection; remote service
switch operation and power outage/restoration reporting.
Section 18. Meter Data Management
System
An AMI project should have a Meter Data Management System to handle
the meter data generated by AMI. Key features of this system may include the
following: Data capture from multiple sources, integration with the DU's
customer information system, automated validation, estimation and editing
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(AMI) Rules
2 .
(VEE) processes, consolidated interface for data management, and integration
with the Head-End system (HES).
Section 19. AMI Services
The AMI should deliver the following basic services: remote reading,
remote connection, remote disconnection, remote reconnection, interval reading,
outage detection andmeter irregularity detection (MID). Other supplemental
services, including but not limited to voltage quality detection, demand control,
ability to interface with a home area network of the customer, may also be
delivered on an optional basis by the DU or authorized service provider.
Section
20.
Interoperability
Rule
The AMI should be capable of interoperating with different brands of
smart meters and their corresponding Head-End System to the MDMS.Other
systemsenabling AMI services offered by different vendors must likewise be able
to interoperate and integrate with the MDMS.
Section
21.
AMI System Security
The AMI System must provide stringent security measures throughout the
network at all levels. Security features must be built into the meters, radio
communications, collectors and the head-end system. Data, while residing in the
meter and during transmission to the Collector, must be protected. Additional
security protection at the head-end system/s must likewise be put in place.
Compliance to either American (AMISEC,NISTIR 7628) or European (ENISA)
Security Standards is encouraged.
ARTICLE V.BASIC AMI SERVICES AND
CONDITIONS FOR DEPLOYMENT
Section 22. Remote Reading
An AMI should allow the reading of a customer's smart meter remotely.
The remote reading shall be conducted at the end of the customer's billing period
and the data obtained therefrom can be used as the customer's monthly
consumption subject for billing and payment.
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(AMI) Rules
The aforementioned registered read data shall be sent to the concerned
customer immediately, but shall, in no case, under normal conditions, be more
the six (6) hoursfrom the conduct of the remote reading through the
consumptionmonitoring device or mechanism.The six-hour period may be
extended for justifiable reasons.
However, this does not preclude the DU or authorized service provider
from conducting off-cycle remote readings. Off-cyclereading shall mean remote
reading of meters anytime within a billing cycle.
In the event of any AMI-system malfunction which renders remote reading
impossible, the DU may be allowed to conduct a manual reading of the smart
meter.
Section 23. Remote Connection
An AMI must be capable of allowing remote connection of the customer's
electric service.
Remote connection shall be undertaken upon the initial energization of the
customer's premises following the DU's or authorized service provider's approval
of the said customer's application for electric service.
Section 24. Remote Disconnection
An AMI must be capable of allowing the disconnection of a customer's
electric service remotely on grounds allowed under existing laws and ERC rules
and regulations, including but not limited toRA 7832, otherwise known as the
Anti-Electricity Pilferage Law and its Implementing Rules and Regulations,
Magna Carta for Residential Electricity Consumers and the Distribution Services
and Open Access Rules.
Prior to the remote disconnection of the said customer, the procedures set
forth under existing laws and ERC rules and regulations must have been
complied with. The concerned customer must have received a Statement of
Account or a demand to pay an obligation. The total amount due provided in the
Statement of Account or demand letter must be paid by the concerned customer
within the periodprescribed under existing laws, rules and regulations. Nonpayment of the aforementioned obligationjs shall warrant the issuance of a
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(AMI) Rules
notice of disconnection. A Notice of Disconnection for non-payment of said bill or
obligation must have been issued by the DU and duly received by the customer.
Upon the expiration of the prescribed period in the Notice of
Disconnection, the DU shall send a warning to the customer, through the load
monitoring and warning device or mechanism, that the electric service will be
remotely disconnected after the lapse of twenty-four (24) hours from the issuance
of such warning, should the customerstill fail to pay the bill or obligation.ii
Notwithstanding the foregoing, the DU or authorized service provider shall
have the option to use smart meters without this functionality under any of the
following circumstances:
a. Due to technical constraints, such as but not limited to customers with CTrated metering; or
b. Other situations, subject to the approval of the Commission.
Section 25. Remote Reconnection
As a general rule, remote reconnection of a previously-disconnected
electric service shall be undertaken within one hour from validation or
submission of proof of full payment of the customer's arrearages and other
outstanding obligations. The one-hour period may be extended for justifiable
reasons.
Section 26. Outage Detection
An AMI must be capable of detecting the occurrence of power outages by
using the outage detection functionality of the smart meters. The smart meter
shall send an alert to the DU's head-end system that there is a power outage in
the premises of the customer.
Section 27. Meter Irregularity Detection (MID)
An AMI must be capable of detecting the following:
a. Removal of the meter cover while the meter is still attached to its
base or installation;
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b. Removal of the meter from its base or installation; and/or
c. Cessation of meter operation, other than due to disconnection and
termination.
Nothing shall preclude the DU from implementing an AMI capable of
detecting other forms of meter irregularities or bypass.
Section 28. Consumption Monitoring and Reporting Mechanism
Customers should be provided with either a mechanism or device to be
used in monitoring the following information:
a. The energy consumption in kWh;
b. The cumulative energy consumption in kWh for the applicable
billing period; and
c. The total monthly consumption in kWh and the Peso equivalent for
the billing period.
Information falling under paragraphs (a) and (b) shall be made available to
the customer every three (3) days. On the other hand, data falling under
paragraph (c) shall be relayed to the customer in accordance with Section 22
(Remote Reading) hereof. The foregoing requirements shall apply to the import
meter data for customers under the Net Metering Program that is AMI-enabled.
Nothing shall preclude the DU from providing additional information,
which may include, but not limited to the following:
a. On-demand transaction history covering a period of not more than
24 months (e.g., payment, disconnection, reconnection)
b. Consumption forecast and other analytics
The mechanism or device shall likewise be used in receiving warning when
the customer's electric service is due for remote disconnection. The said warning
should be received by the customer not later than twenty-four (24) hours before
the said remote disconnection.
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Allowable devices and mechanismsshall include, but are not limited to, the
smart meter, in-house display, remote customer user interface, short messaging
system (SMS), mobile applications, and web portal.
Any service or capability or combinations thereof may be included in the
initial application for approval of the DU or authorized service providerfor its
AMI project, or thereafter filed as separate application/s for approval with the
Commission for integration into the DU's current AMI.
ARTICLE VI. SUPPLEMENTAL AMI-ENHANCED SERVICES
Section 29. Advanced Outage Management (AOM)
With the basic AMI in place, any DU may be allowed to put up additional
hardware and software systems that can integrateto implement an Advanced
Outage Management program.The AOM must be able to assist the DU to manage
the duration and number of outages through devices that can communicate and
identify outage locations.
The Advanced Outage Management program mustbe able toperform the
following activities:
a. Analyze the number of customers affected as an indication of the extent
ofthe power outage/s;and
b. Inform customersof the power outage status.
The power outage information may be communicated
customers through any or a combination of the following channels:
a. Short Messaging System (SMS);
b. E-mail.,
c. Mobile Applications;
d. Web Portal;
e. Social Media
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Section 30. Power Quality Management
The AMI may extend its capability to monitor the power quality (PQ)
situation in an area or a circuit, which may include, but is not limited to, the
following information:
a. Voltage variations (i.e., Sag and Swell)
b. Voltage Unbalance
c. Frequency
Section 31. Demand Response
Demand Response (DR) is a service that allows a utility and/or customer to
adjust the said customer's electrical load usagein response to changes in the price
of electricity, or to incentive payments. This service also helps maintain network
stability during specific periods. Typical DR programs that the DU or service
provider could offer may include, but are not limited to, Time-of-Use (TOU),
Interruptible Load Program (ILP), and Direct Load Control.
Section 32. Home Area Network
The DU may be allowed to provide a home energy management system or
help enable other HAN service providers in order to allow customers to monitor
and control their consumption down to the connected loads.
The HAN service may provide functionalities including, but not limited to
the following:
a. Energy usage per appliance in kWh and estimated Peso equivalent;
b. Remote on/off of appliances; and
c. Scheduling of appliance on/off.
Section 33. Net Metering and Management of Distributed Energy
Resources (DER)
Net Metering is a service to an electric consumer under which electric
energy generated by the consumer from an eligible on-site generating facility and
delivered to a local distribution facility may be used to offset electrical energy
purchased, in accordance with existing ERC rules and regulations.
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The AMI, if extended to enhance the DU's Net Metering service to
customers with Distributed Energy Resources or DER (e.g., renewable energy
resources such as solar, wind, biomass, run-of-river hydropower; battery energy
storage systems, electric vehicle-to-grid, etc.), may be able to give the DU the
visibility of all existing and upcoming DER installations, to help maintain the
reliability and stability of DU's distribution network.
Upon approval of its AMI-DER service, the DU must be able to install a
single smart meter in the premises of customers with new installations of DER,
capable of recording import and export energy utilized and generated by the said
customer.
For DER installations existing prior to the effectivity of these Rules where
the DU installed two separate meters to record import and export energy,
respectively, in the premises of customers, these installations shall continue to be
allowed to minimize additional costs. However, when one of the meters is
changed by the DU for any reason whatsoever, the DU must install a replacement
meter capable of recording both import and export energy. This replacement
meter need not be a smart meter. The other original meter may be pulled out for
installation in another customer's premises with non-AMI connections, or
allowed to be used until its asset life is fully exhausted or within ten (10) years
from effectivity of these Rules, whichever comes first.
Upon effectivity of these Rules, DUs shall install only a single meter
capable of recording both import and export energy in the premises of customers
with new DER installations. The single meter need not also be a smart meter
provided it can record both import and export energy.
All other provisions of Resolution NO.9 Series of 2013, otherwise known as
the Net Metering Rules shall apply.
Section
(PRES)
34.
Prepayment
or
Prepaid
Retail
Electric
Service
A DU who may want to offer Prepayment using AMI should comply with
ERe Resolution No. 17, Series of 2012, entitled: "A Resolution Adopting the
Amendments to the Rules for Prepaid Retail Electricity Service using a Prepaid
Metering System."
ARTICLE VII. ELECTRICITY PILFERAGE AND OTHER METER
IRREGULARITIES IN AN AMI PROJECT
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Section 35. Illegal Use of Electricity; Tampering
Infrastructure Devices or Components
of AMI
In relation to these Rules, the following acts may be considered as illegal
use of electricity in accordance with the provisionsof Section 2 (c) and (d)iiiand
Section 4 (iv)ivofRA 7832, to wit:
1.
Tampering with the smart meter; or
2.
Altering data with incorrect information while the said data is at rest in
the smart meter or during transmission to the collector or concentrator,
or otherwise injecting forged metering data into the communication
between the smart meters and the distribution utility or authorized
service provider's facilities.
Section 36. Discovery and Confirmation of Tampering of Smart
Meters.
Discovery of a possible tampered smart meter shall be made in the
presence of the required witnesses and in accordance with the procedures
provided for in RA 7832.
Tampering of a smart meter shall be confirmed only by the ERC.
Section 37. Applicability of Republic Act No. 10175, otherwise
known as the Cybercrime Prevention Act of 2012
The violations under Section 35 hereof, are however, without prejudice
tothe application of the provisions of Republic Act No. 10173, otherwise known as
the Data Privacy Act of 2012 and Republic Act No. 10175, otherwise known as
the Cybercrime Prevention Act of 2012vi.Thus, a customer, for the same act, may
be held liable for violations of RA 7832, RA 10173 and RA 10175.
V
Section 38. Billing Adjustment and Differential Billings in the
AMI.
The determination of defective smart meters and other metering facilities,
as well as other billing errors, and the computation of the corresponding billing
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adjustments shall be made in accordance with the provisions of the Magna Carta
and DSOAR.
On the other hand, the discovery and determination of tampered smart
meters and other metering facilities and the corresponding differential billings
shall be made in accordance withthe procedures, methodologies and recovery
periods set forth in RA 7832.
Section 39. Disconnection
Meter.
of a Customer with an Installed Smart
A DU, after due notice, shall be allowed to remotely disconnect a customer
for illegal use of electricity for failure to pay the required differential billing
within the prescribed period under the Implementing Rules and Regulations of
RA7832.
Section 40. The MID Warning; Consequences
To alert to a possible commission of illegal use of electricity, the AMI must
be capable of warning the DU or authorized service providerof irregular meter
operation detected on any of the circumstances provided for under Section 27 of
these Rules.
Upon receipt of the warning, the DU may inspect the meter and its
metering installation within a reasonable period of time. Failure to inspect within
a reasonable period of time despite receiving warning may constitute negligence
on the part of the DU, which may limit the recovery of the differential billing in
casesof discovery of illegal use of electricity upon such inspection.
Provided however, that the DU shall not be considered as negligent if the
failure to inspect within a reasonable period of time, is due to any of the following
circumstances: (1) the customer/representative is not present during the conduct
of inspection; (2) where the DU has received .large volume of MID warnings
making it physically impossible to conduct the inspection within said period; (3)
a fortuitous event where there is no other opportunity for the DU conduct the
inspection within the prescribed period; and (4) other analogous circumstances.
Alternatively, the DU may also showproof that the illegal use of electricity started
earlier than the said MID warning. In any case, the period of Differential Billing
recovery shall, in no case, be less than one (1) year preceding the date of
discovery of the illegal use following the occurrence of the MID warning, except
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when the customer presents indubitable proof that the illegal use occurred in less
than a year.
ARTICLEVIII. THE AMI ARCHITECTUREAND SERVICES
UNDER THE REGIME OF
RETAIL COMPETITIONAND OPEN ACCESS(RCOA)
Section 41. AMI Services of Retail Electricity Suppliers
Provided that the DU having franchise rights over the area of the customer
has an approved AMI project, any licensed retail electricity supplier (RES)
operating therein may be allowed, subject to the approval of the Commission, to
extend any AMI-enhanced supplemental service or combinations thereof to their
respective contestable customers within the franchise area of the concerned DU.
The RES shall secure approval of the said service from the Commission through
the filing of an application in accordance with Section 7 hereof.
Upon approval of the said AMI-enhanced supplemental service by the
Commission, the RES shall be allowed to integrate its approved service to the
DU's AMI Architecture, through commercial arrangements, the type of which
shall be at the option of the DU.
Section 42. The AMI Project of DUs with Remaining Captive
Customers upon Full Contestability under Retail Competition and
Open Access.
DUs with approved AMI projects shall be allowed to continue to provide
the approved AMI services to their remaining customers. In the event that there
are no more customers on the part of the DU, the latter shall continue to be
allowed to operate the AMI services that are directly connected with their
authorized business at the time of full contestability - the basic services of
remote connection, remote disconnection, remote reconnection, outage
detection, and meter irregularity detection; and the AMI-enhanced supplemental
service of outage management, demand response, power quality management
and other services to be developed through technological advancements after the
effectivityof these Rules.
Section 43. The AMI Architecture upon Full Contestability under
Retail Competition and Open Access.
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Upon full contestability under retail competition and open access, any
person or entity allowed to provide metering services may install smart meters
capable of providing the AMI services required under these Rules, subject to the
approval of the Commission.
To prevent stranded costs, the currently-installed smart meters of
contestable customersshall continue to be usedby the entity allowed by the
Commission to provide metering services, which meter usage shall be allowed
through commercial arrangements with the concerned DU.
Thereafter, when these smart meters are changed due to tampering or
defects, by the entity authorized to provide metering services, the latter shall
provide their own replacement smart meters. The other metering facilities collector, if applicable, and the HES, may likewise be used by these authorized
service providers through commercial arrangements with the concerned DU.
With respect to the communication platform, the authorized service
provider shall be allowed to use the said platform by the DU through commercial
arrangements.
The type of commercial arrangement to be entered into by the parties
under this section shall be at the option of the concerned DU.
Section 44. The AMI Basic and Supplemental Services upon Full
Contestability under Retail Competition and Open Access.
Upon full contestability under retail competition and open access, any
person or entity authorized to supply electricity may be allowed to provide any
AMI service, basic or supplemental or combinations thereof to contestable
customers, subject to the approval of the Commission. These basic services,
however, shall be limited to consumption monitoring.
And inorder to prevent stranded costs, the aforementioned authorized
entities shall be allowed to enter into commercial arrangements with the
concerned DU for the use of the software/s necessary to provide these services to
such contestable customers. The type of commercial arrangement to be entered
into by both parties shall be at the option of the DU.
In the absence of a previously approved AMI service of the same nature,
the authorized service provider shall be allowed to put up its own facilities to
implement the AMI service.
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Section
Providers.
45.
Rights and Obligations of Authorized
Service
The authorized service providers under this Article shall be bound by the
same rights and obligations as the DUs which were previously authorized by the
Commission to provide the aforementioned services. They must likewise comply
with all relevant provisions of these Rules depending on the type of service they
are providing to their respective contestable customers.
ARTICLEIX. MISCELLANEOUSPROVISIONS
Section 46. Use of Other Type-Approved Smart Meters
Nothing in these Rules shall preclude a DU from using any other typeapproved meter in the implementation of its AMI-approved project provided that
the features of the new type of meter include the same functions as the metertype specified in the DU's AMI project application.
Section 47. Power Interruptions Due to System Maintenance or
any AMI Malfunction.
Information on scheduled power interruptions due to system maintenance
must be sent to the customer in accordance with the prescribed period set forth
under the Magna Carta for Residential Electricity Consumers and the DSOAR.
In case a customer or group of customers experience unscheduled power
interruptions resulting from a malfunction of the DU's or authorized service
provider's AMI hardware, software and transport communication, all efforts
must be exerted to restore the said electric power within a reasonable period of
time.
Section 48. Automated Meter Reading
Notwithstanding the provisions of these Rulesand subject to the approval
of the Commission, a DU may be allowed to implement a stand-alone Automated
-'
Meter Reading (AMR)
project, utilizing a one-way communication to avail of
remote reading.
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Section 49.Third-Party Partners, Contractors and/or Agents.
A DU or authorized service provider may be allowed to engage the
servicesof third parties, and/ or hire contractors and agents in the
implementation of their approved AMI project. However,. the DU shall be
primarily liable to the customer for any violation of the AMI projectas well as
these Rules by the said third -party partner, contractor and/or agent.
Section 50. Customer Data and Information
All customer data and information gathered by the Distribution Utility, its
employees and agents, by reason of its implementation of an AMI project shall be
considered as confidential consistent with the provisions of the DSOAR.
ARTICLEX. REPORTORIALREQUIREMENTSAND
FINES AND PENALTIES
Section 51. DU and Authorized Service Provider Reports
Every DU implementing an AMI project must submit to the ERC on a
quarterly basis the following information:
1.
Status of implementation of its AMI project including areas of
deployment within its franchise area;
2.
Number of customers per classification with installed smart meters
within the specific quarter and the accumulated total numbers from the
time of AMI project implementation; and
3. Complaints and Issues received in connection
implementation and the Solutions adopted, if any.
with the AMI
The DU must likewise keep a record of meter events, including MID
warnings, that occurred for the last two years. This record can be the subject of a
periodic inspection or audit by the Commission.
Section 52. AMI Malfunction/s; Violation/s of the AMI Rules and
Approved AMI Projectand Services
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Any AMI system malfunction must be resolved by the DU within a
reasonable period of time, otherwise, it may be a ground for the imposition of the
appropriate fines and penalties.
Violation of any provision ofthese Rules and/or approved AMI project and
services shall be likewise be a ground for the imposition of fines and penalties in
accordance with the Guidelines to Govern the Imposition of Administrative
Sanctions in the Form of Fines and Penalties pursuant to Section 46 of the Act, as
amended.
FINALPROVISIONS
Section 53. Capital and Operational Expenditures.
The cost of all meters, devices, hardware, software and processes necessary
to implement the approved AMI project, whether offering basic and/or
supplemental services,may be passed on to consumers subject to the applicable
ERC rules and regulations on capital and operational expenditure approvals.
Section 54. Compliance with other ERCrules and regulations.
Approval under these rules is without prejudice to the compliance of the
applicant distribution utility and authorized service provider with existing laws,
ERC rules and regulations, including but not limited to capital and operational
expenditure approvals, RA 7832, otherwise known as the Anti-electricity
Pilferage Law, the Distribution Services and Open Access Rules, Magna Carta for
Residential Electricity Consumers and retail competition and open access.
Section55.Exception Clause
Where good cause appears, the ERC may allow an exception from any
provision of these Rules, if such exception is found to be in the public interest and
is not contrary to law or any other pertinent rules and regulations.
Section 56. Separability Clause
If for any reason, any part or section of these Rules is declared
unconstitutional or invalid, the parts or sections thereof which are not affected
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thereby shall continue to be in full force and effect, unless such dec1araton would
render the whole rules unenforceable or non-implementable.
Section57.Repealing
Clause
All ERC rules, regulations, guidelines or portions thereof, not consistent
with these Rules are hereby repealed or modified accordingly. Rules and
regulations not affected shall remain in force and effect.
Section 58.Effectivity
These Rules shall take effect fifteen (15) days following its publication in a
newspaper of general circulation.
SO ORDERED.
Pasig City,
~2016.
JOSE VICENTE B. SALAZAR
Chairman
ALFREDO J. NON
GLORIA VICTORIA C. YAP-TARDe
Commissioner
Commissioner
JOSEFINA PATRICIA M. ASIRIT
Commissioner
MCCG/RPA/AMI
iDistributed
GERONIMO D. STA. ANA
Commissioner
Rules
Energy Resource Program Act of South Carolina
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ii In lieu of the customer's "Right to Tender Payment at the Point of Disconnection," pursuant to
Article 21 of the Magna Carta for Residential Electricity Consumers, i.e., allowing customer's to
pay bills within twenty-four (24) hours at the time disconnection is to be made ..
iii (c) Tamper, install or use a tampered electrical meter, jumper, current reversing transformer,
shorting or shunting wire, loop connection or any other device which interferes with the
proper or accurate registry or metering of electric current or otherwise results in its diversionin
a manner whereby electricity is stolen or wasted;
(d) Damage or destroy an electric meter, equipment, wire or conduit or allow any of them to be
so damaged or destroyed as to interfere with the proper or accurate metering of electric current.
iv (iv) The presence of a tampered, broken, or fake seal on the meter, or mutilated, altered or
tampered meter recording chart or graph, or computerized chart, graph, or log;
VSEC.26. Accessing Personal Information and Sensitive Personal Information Due
to Negligence. - (a) Accessing personal information due to negligence shall be penalized by
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five
hundred thousand pesos (Php500,OOO.oo) but not more than Two million pesos
(Php2,ooo,ooo.oo) shall be imposed on persons who, due to negligence, provided access to
personal information without being authorized under this Act or any existing law.
(b) Accessing sensitive personal information due to negligence shall be penalized by
imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five
hundred thousand pesos (Php500,OOO.oo) but not more than Four million pesos
(Php4,OOO,ooo.oo) shall be imposed on persons who, due to negligence, provided access to
personal information without being authorized under this Act or any existing law.
SEC.. 29. Unauthorized Access or Intentional Breach. - The penalty of imprisonment
ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand
pesos (Php500,OOO.oo) but not more than Two million pesos (Php2,ooo,ooo.oo) shall be
imposed on persons who knowingly and unlawfully, or violating data confidentiality and
security data systems, breaks in any way into any system where personal and sensitive personal
information is stored.
vi
Chapter II ofRA 10175CHAPTER II
PUNISHABLE ACTS
Section 4. Cybercrime Offenses. - The following acts constitute the offense of cybercrime
punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data and
systems:
(1) Illegal Access. - The access to the whole or any part of a computer system
without right.
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(2) Illegal Interception. - The interception made by technical means without
right of any non-public transmission of computer data to, from, or within a
computer system including electromagnetic emissions from a computer system
carrying such computer data.
(3) Data Interference. - The intentional or reckless alteration, damaging,
deletion or deterioration of computer data, electronic document, or electronic
data message, without right, including the introduction or transmission of
viruses.
(4) System Interference. - The intentional alteration or reckless hindering or
interference with the functioning of a computer or computer network by
inputting, transmitting, damaging, deleting, deteriorating, altering or
suppressing computer data or program, electronic document, or electronic data
message, without right or authority, including the introduction or transmission of
viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or
otherwise making available, without right, of:
(aa) A device, including a computer program, designed or adapted
primarily for the purpose of committing any of the offenses under
this Act; or
(bb) A computer password, access code, or similar data by which
the whole or any part of a computer system is capable of being
accessed with intent that it be used for the purpose of committing
any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb)
above with intent to use said devices for the purpose of committing any of
the offenses under this section.
(6) Cyber-squatting. - The acquisition of a domain name over the internet in bad
faith to profit, mislead, destroy reputation, and deprive others from registering
the same, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark
registered with the appropriate government agency at the time of the
domain name registration:
(ii) Identical or in any way similar with the name of a person other than
the registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
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.
(1) Computer-related
Forgery. -
(i) The input, alteration, or deletion of any computer data without right
resulting in inauthentic data with the intent that it be considered or acted
upon for legal purposes as if it were authentic, regardless whether or not
the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of
computer-related
forgery as defined herein, for the purpose of
perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. - The unauthorized input, alteration, or deletion of
computer data or program or interference in the functioning of a computer
system, causing damage thereby with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related
transfer, possession,
to another, whether
damage has yet been
Identity Theft. - The intentional acquisition, use, misuse,
alteration or deletion of identifying information belonging
natural or juridical, without right: Provided, That if no
caused, the penalty imposable shall be one (1) degree lower.
(c) Content-related Offenses: x x x
Section 5. Other Offenses. - The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. - Any person who willfully
abets or aids in the commission of any of the offenses enumerated in this Act shall be
held liable.
(b) Attempt in the Commission of Cybercrime. - Any person who willfully attempts to
commit any of the offenses enumerated in this Act shall be held liable.
6. All crimes defined and penalized by the Revised Penal Code, as amended, and
special laws, if committed by, through and with the use of information and communications
technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty
to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code,
as amended, and special laws, as the case may be.
Section
7. Liability under Other Laws. - A prosecution under this Act shall be without
prejudice to any liability for violation of any provision of the Revised Penal Code, as amended,
or special laws.
Section
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