The petition seeks to enforce the provisions of Republic Act Nos. 7638 (the "DOE Act of 1992”), 9136 (the "EPIRA”), and Energy Regulations No. 1-94, mandating direct benefits to local government units hosting energy resources and/or energy generating facilities, by compelling the respondents, in view of the recurring power outages in Kidapawan City, "to effect the prioritization of load dispatch which is up to 25% of the total capacity of the geothermal plants of EDC in Mt. Apo” for the coverage area of the Cotabato Electric Cooperative, Inc. The petitioner estimated that such capacity will be equivalent to 26 MW. The petitioner also prays for injunctive relief, moral damages of P1 peso, and exemplary damages depending on the court’s discretion.
It will be recalled that under the existing Power Purchase Agreement between NPC and EDC, EDC is merely obligated to deliver the electric power generated by the Mindanao I and II geothermal power plants to N PC. The distribution and/or allocation of the electric power generated from the two power plants rests primarily on the discretion of N PC, being the purchaser of said electrical power.
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