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REQUEST SUBMITTED
You have submitted an FOI request
Date: 2021-06-16 14:02:38.641459
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PROCESSING REQUEST
Your request is already in review
Date: 2021-06-16 15:35:58.985112
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REQUEST DENIED
Your request was denied
Date: 2021-06-25 08:03:21.842350
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RATE YOUR REQUEST
How was your request?
Terasu Energy Inc.’s “Application for Point-to-Point Transmission Facilities" ERC case# 2020-015MC
Requested from ERC by A. Espiritu at 02:02 PM on
Jun 16, 2021.
Purpose: To verify compliance with contractual obligations
Date of Coverage: 09/01/2019 - 01/31/2021
Tracking no: #ERC-651550620166
June 25, 2021 Dear Mr. Alberto Espiritu, Greetings! Thank you for your request dated Jun 16, 2021 02:02:38 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your request You asked for Terasu Energy Inc.’s “Application for Point-to-Point Transmission Facilities" ERC case# 2020-015MC. Response to your request A perusal of the records of the case would show that no Intervenor was admitted as a party thereto entitled to be furnished with copies of the requested annexes. Pursuant to Rule 8, Section 4 of the Commission’s Revised Rules of Practice and Procedure, each party of record to a case is entitled to be furnished with copies of all pleadings and documents, except those covered by motion for confidential treatment of information. However, as earlier mentioned, no petition for intervention was filed in the said case. It must be noted that in the Freedom of Information Manual of the Commission, Annex “A” thereof provides the List of Exceptions to FOI, wherein the requested documents would fall as exception, to wit: “xxx 5. Information, documents or records known by reason of official capacity and are deemed as confidential, including those submitted or disclosed by entities to government agencies, tribunals, boards or officers, in relation to the performance of their functions, or to inquiries or investigation conducted by them in the exercise of their administrative, regulatory or quasi-judicial powers; xxx” In view of the foregoing reasons, the request for copies of certain documents filed in Terasu Energy Inc.’s application pending before the Commission for approval cannot be granted. It should also be noted that the pending case is for the approval of the application, and not to determine if Applicant is complying in its contractual obligations. In the alternative, you may request directly from the Applicant the documents needed, if that would serve the purpose of verifying compliance with its contractual obligations, as mentioned in your FOI request form. Nonetheless, a copy of the decision, once promulgated, will be uploaded in the Commission’s official website at www.erc.gov.ph, where the same may be accessed. Please be guided accordingly. Thank you. Thank you. Respectfully, FOI Decision Maker FOI Officer
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