WHEREAS,
the Government has identified the establishment of aluminum smelters as
one of the country's priority industrial projects; chanroblesvirtualawlibrary
WHEREAS, the energy requirements of aluminum smelters are so large as
to make the projects extremely power-intensive;chanroblesvirtualawlibrary
WHEREAS, aluminum smelters, unlike other users, have power usage and
load characteristics which permit more efficient use of power
generating and distributing equipment; chanroblesvirtualawlibrary
WHEREAS, it is common practice in other countries to charge aluminum
smelters power rates different from those of other consumers in the
same grid taking into consideration the particular nature and
requirements of such aluminum smelters:cralaw:red
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and make part of the law of the land the following:cralaw:red
Section 1. Upon the recommendation of the Minister of
Energy and Minister of Industry, the President is hereby empowered to
determine the rates and other terms and conditions for power contracts
of aluminum smelters with the Government or any agency or
instrumentality thereof, including the National Power Corporation or
any other government-owned or controlled corporation;chanroblesvirtualawlibrary
Section 2. Notwithstanding any provision of existing
laws to the contrary, including Republic Act No. 6395, as amended, the
President may for the purposes hereof, authorize the National Power
Corporation to set such rates and other terms and conditions, as may be
determined by the President, for power contracts with aluminum
smelters; or authorize the National Development Company, either alone
or in joint venture with the National Power Corporation, to establish a
separate corporation which shall supply the power requirements of
aluminum smelters under such rates and other terms and conditions
determined by the President.
Section 3. All laws, decrees, orders, proclamations,
instructions, or rules and regulations, or parts thereof which are
inconsistent herewith are hereby modified and/or repealed accordingly.
Section 4. This Decree shall take effect immediately.
Done in the City of Manila,
this 11th day of January, in the year of Our Lord, nineteen hundred and
eighty-one.
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