Section 7. DU price for directly connected end-users. – Within six (6) months from the date the parties execute a conditional deed of sale or transfer of ownership or similar documents relating to the sale of the under-transfer assets or after the effectiveness of these rules, depending on what happens later, the DU and the directly related end user strive to provide a rate acceptable to both parties, which must be stipulated in the distribution or connection agreement in accordance with the sub-properties purchased by the DU. If the rate acceptable by both parties between the IU and the end user is the existing regulated DU rate, as approved by the ERC, a written notification to the ERC would be sufficient to be approved instead of a formal notification. 7. As part of the certification body, the SDC`s facilities are connected to their distribution system, subject to compliance with the requirements of the pre-link. This connection is made at the standard rated voltage of 69,000 volts, 4 conductors, 3 phases and 60 Hertz, with the reserved installation capacity being set at 7,500 kW, with appropriate charges paid; The agreement enters into force immediately, with the agreement of the Commission. However, it was agreed that MERALCO collects fixed monthly distribution fees, procurement and retroactive counting fees from the implementation date of the agreements on March 30, 2011. 4. On January 26, 2009, the Commission adopted Resolution 1, Series 2009 entitled „A Resolution adopt the Amendments to the Guidelines to the Sale and Transfer of TRANSCO`s Sub-transmission Assets and the Franchising Assets and the Qualified Consortium“, assuming, among other things, that the distribution utility (DU) acquired by STA and directly associated end-users strive to obtain a mutually acceptable rate and to submit their agreement with the Commission; In addition to CA and DWSA, two other agreements were covered by the negotiations between MERALCO and TPEC on behalf of the SDC, namely the tariff plan and the fixed monthly distribution charge, which provide: the agreement focuses on the provision of electricity and connection services for SDC consumption for their offices and/or other facilities.
The SDC has agreed to pay MERALCO the fixed monthly distribution fee as well as fixed and retroactive meter charges from the date of the CA and DWSA on March 30, 2011, until the Commission approves the emergency application. The minimum tax is the sum of the supply tax, the calculation tax and the distribution fee (calculated by multiplying the minimum billing requirements, as defined in the previous section, by the distribution rate per kW) plus the applicable taxes. On September 9, 2011, MERALCO submitted its „formal offer of proof“ (OFEN), which is considered relevant and substantial in the final decision of this case. On May 21, 2012, MERALCO filed a „Compliance with Manifestation“ in which it stated that on May 15, 2012, the NGCP had already set aside a copy of its OFCE.