Flashcards Studio

An Energy and Utilities Regulatory Authority (EUR-Authority) has general statutory power to license electric utilities, regulate rates, and conduct investigations. It delegates to its Fact-Finding and Licensing Panel (FFLP) the authority to conduct a rapid inquiry into a dispute between BrightNova Electric Co. and Crescent Grid Corp. Without notice to BrightNova or its customers, FFLP holds an ex parte meeting with Crescent’s chief financial officer and issues a provisional order reducing BrightNova’s tariffs by 16%, effective in 9 days, pending a formal EUR-Authority hearing. EUR-Authority later issues a final decision leaving tariffs unchanged. BrightNova challenges both the provisional rate order and the final license on the grounds of lack of due process and alleged ultra vires action.
(a) Identify the controlling doctrine governing the authority of the FFLP and the due-process requirements applicable to licensing and rate-setting in Philippine administrative law.
(b) Distinguish whether the FFLP acted within its fact-finding authority or committed rate-fixing beyond its mandate, and state whether EUR-Authority is bound by the FFLP’s provisional action.
(c) Apply the doctrine to the facts: should BrightNova’s challenge succeed? Explain why or why not, and indicate the appropriate remedy or relief.