3252 OFFICIAL GAZETTE Vol. 111, No. 23

IRR No. 2013-04

2013 REVISED IMPLEMENTING RULES ANDREGULATIONS (IRR) IN THE BILLING SCHEMEAND RATE CLASSIFICATION FOR HIGH-RISEAND OTHER MULTIPLE DWELLINGS

PREFATORY STATEMENT

Pursuant to the recommendations of theMWSS .Regulatory Office (MWSS-RO) inits Resolution No. 13-003-A-CA dated 7August 2013, as approved and confirmed bythe MWSS Board of Trustees (MWSS-BOT)under Board Resolution Nos. 2013-100-ROand 2013-101-RO both dated 12 September2013, the following Implementing Rules andRegulations (IRR) are hereby adopted andpromulgated:

RULE I

GENERAL PROVISIONS

SECTION 1. Title.- This IRR shall be knownas the "2013 Revised Implementing Rulesand Regulations (IRR) in the Billing Schemeand Rate Classification for High-Rise andOther Multiple Dwellings. "

SEC. 2. Coverage.- This IRR shallbe applied to a/l Customers within theConcession residing in High-Rise Buildings,Condominiums and other Multiple Dwellingsas herein defined.

SEC. 3. Declaration of Policies.- TheMWSS hereby adopts the following policies:

(a) In all their dealings with their Customersrelating to the performance of theirservice obligations pursuant to theirrespective Concession Agreements(CA), the Concessionaires mustfaithfully comply with all existing laws,rules and regulations as well as thosethat may hereinafter be promulgatedby competent authorities;

(b) The review of the Rate Classificationsof Customers within the Concessionshall be conducted every five (5)years, coinciding with each RateRebasing process;

(c) In determining the appropriate RateClassification of Customers, thefollowing factors shall be considered:(i) the primary use of the premises;(ii) the reasonableness of the RateReclassification; and (iii) the justness,affordability and equity of thecorresponding tariff adjustments as aresult of the Rate Reclassification; and

(d) As provided in the CA, theConcessionaires shall advice theiraffected Customers that whentechnically feasible, they may opt toapply for a separate connection foreach household or for each type ofactivity.

SEC. 4. Definition of Terms.-For thepurposes of this IRR:

(a) High-Rise Buildings shall meanbuildings with more than five (5)stories;

(b) Condominiums shall mean buildingswith several unit owners under one(1) common lot which is generallyused for residential purposes;

(c) Multiple Dwellings shall meanstructures like tenements, BLISS andtownhouse/apartment located in acompound;

(d) Actual Average Consumption shallmean the actual total consumptionregistered in the Master Meter dividedby the actual number of active privatemeters;

(e) Master Meter shall mean the watermeter which registers the consumptionof the building or multiple dwellingused as a basis for billing the waterconsumption;

(f) Active Units shall mean units that areoccupied and served, either directly orindirectly; and

(g) All defined terms and phrases in theCAas well as in other related IRRs aredeemed incorporated herein, unlesstheir contexts otherwise provide.

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RULE \I

RULES IN SETTING THE BILLING SCHEME AND RATE CLASSIFICATION

Section 5. Billing Scheme.- The billing of the Master Meter shall be as follows:

Description . Rate Billing Scheme,~- "~ , Classification

Purely Residential Residential Average Residential (AVERES) - Billing of(100%) Master Meter is based on the actual average

consumption using the Residential rate.At least 50% Residential Semi-Business Average Semi-Business (AVES EM) - Billing of

occupancy Master Meter is based on the actual averageconsumption using Semi-Business rate.

At least 25% but less Commercial Average Commercial (AVECOM) - Billing ofthan 50% Residential Master Meter is based on the actual average

occupancy consumption using the Commercial rate

Less than 25% Commercial Commercial (COM) - Billing of Master MeterResidential is based on the actual consumption using theoccupancy Commercial rate.

SEC. 6. Determination of RateClassification.-In determining theappropriate Rate Classification, the followingrules shall govern:

(a) Condominiums, High-Rise andother Multiple Dwellings still underconstruction shall be classified asIndustrial Customers;

(b) Initial Rate Classification for newlyconstructed and unoccupied buildingsshall be determined based on the ratioof Residential to Non-Residential unitsas built and/or as sold;

(c) The administrative office shall beconsidered as a Residential unit forpurposes of determining the ratio ofResidential to Commercial units ofCondominiums, High-Rise Buildingsor Multiple Dwellings;

(d) For currently occupied buildings,the declaration and/or listing in therecords of the building administratorshall be presumed accurate unlessverification by the Concessionairesshows otherwise;

(e) Where the information provided bythe building administrator could notbe verified, the Concessionairesmay determine the proper RateClassification based on other availableinformation; and

(f) The Concessionaires shall periodicallyverify the occupancy level ofthese High-Rise Buildings, MultipleDwellings and/or residences forthe necessary changes in the RateClassification.

Nothing in this Section shall be construedto negate the right of each household livingin a condominium or other multiple dwellingsto apply for a separate connection whentechnically feasible.

SEC. 7. Master Meter with ResidentialRate Classification.-As specified in Section5, Rule II of this IRR, Master Meters withResidential Rate Classification shall be billedin accordance with the following:

(a) Master Meter shall be billed at theResidential rate corresponding tothe actual average consumption ofall active units occupied and served.

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The actual average consumptionis determined by dividing the totalvolume registered in the Master Meterby the total number of Active Unitsoccupied and served; and

(b) Other Charges under the tariffstructure shall continue to form part ofthe itemized bill.

SEC. 8. Master Meter with Semi-BusinessRate Classification. - As specified in Section5, Rule 1\ of this IRR, Master Meters withSemi-Business Rate Classification shall bebilled in accordance with the following:

(a) Master Meter shall be billed at theSemi-Business rate corresponding tothe actual average consumption ofall active units occupied and served.The actual average consumptionis determined by dividing the totalvolume registered in the Master Meterby the total number of Active Unitsoccupied and served; and

(b) Other Charges under the tariffstructure shall continue to form part ofthe itemized bill.

SEC. 9. Master Meter with CommercialRate Classification but with 25% to 50%Residential Occupancy.-As specified inSection 5, Rule II of this IRR, Master Meterswith Commercial Rate Classification shall bebilled in accordance with the following:

(a) Master Meter shall be billed at theCommercial rate corresponding tothe actual average consumption ofall active units occupied and served.The actual average consumptionis determined by dividing the totalvolume registered in the Master Meterby the total number of active unitsoccupied and served; and

(b) Other Charges under the tariffstructure shall continue to form part ofthe itemized bill.

SEC. 10. Master Meter with CommercialRate Classification with less than 25%

Residential Occupancy.-As specified inSection 5, Rule II of this IRR, Master Meterswith Commercial Rate Classification with lessthan 25% Residential Occupancy shall bebilled in accordance with the following:

(a) Master Meter shall be billed at theCommercial rate corresponding to theactual consumption it registered; and

(b) Other Charges under the tariffstructure shall continue to form part ofthe itemized bill.

SEC. 11. Procedure/Guidelines.- Thefollowing procedure/guidelines shall beobserved for the rate reclassification andchange of billing scheme of Condominiums,High Rise and Other Multiple Dwellings:

(a) The Concessionaires shall notify theconcerned Customers in writing thatthey are qualified to apply for ratereclassification or change in billingscheme;

(b) A letter request for rate reclassificationor change in billing scheme from theconcerned Customer should be filedat the respective Business Areasaccompanied by the necessary i

documentary requirements. TheConcessionaires shall require fromthe covered Customers only suchdocuments as are reasonable andnecessary so as not to defeat theintent and purposes of this IRR;

(c) Within ten (10) days from dateof receipt of letter request, theConcessionaire shall conduct aninvestigation to verify the accuracyof the information provided by theCustomer;

(d) Upon completion of requirements,the Concessionaire shall approvethe request for rate reclassification orchange in billing scheme; and

(e) The rate reclassification and/or newbilling scheme shall be reflected in thenext billing period immediately afterthe approval of the request.

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SEC. 12. Interpretation.- This IRR shall beliberally interpreted to assist the Customers,the MWSS and the Concessionaires inobtaining a just, expeditious and inexpensiveresolution andlor settlement of complaints,Doubts pertaining to any of the provisionsofthis IRR shall be resolved in favor of thatinterpretation that will give full force and effectto the policies set forth in this IRR.

SEC. 13. Complementary Nature of OtherRules. Other rules and regulations issued byRegulatory Office and approved/confirmedby the MWSS Board of Trustees on relatedsubject matters shall be complementary tothis IRR.

RULE III '

REPORTING AND VERIFICATION OF COMPLIANCE

SEC. 14. Periodic. Reports.- TheConcessionaires shall include, in theirrespective submissions pursuant to Article13 of the CA and in their KPls and BEMsReports, their compliance and progressreports on the implementation of this IRR.

SEC. 15. Monitoring and Verificationof Reports.- The Regulatory Office shallundertake a periodic review of and, atanytime at its discretion, conduct fieldverification to validate the reports submittedby the Concessionaires.

SEC. 16. Public Information.-The Regulatory Office and theConcessionaires shall ensure the widestdissemination of this IRR and shall conductactivities for its effective implementation. Inaddition, the Regulatory Office shall makeavailable to the public all official reports withrespect to the implementation of this IRR.

SEC. 17. Participation of the Public.- TheRegulatory Office may solicit or engage thehelp of the Customers, other governmentagencies, water consumer, groups, non-government organizations, civil societyorganizations, academic groups, and otherinterested parties in the conduct of its fieldverification and validation activities.

RULE 'IV

NON-COMPLIANCE

Sec. 18. Non-compliance.-Non-compliance with any of the provisions ofthis IRR shall entitle the affected Customer toappropriate remedies under the law, withoutprejudice to the administrative remediesherein provided.

SEC. 19. Administrative Remedies-«The affected Customers may seek redressto' the Regulatory Office against theConcessionaires for willful non-compliancewith this IRR. The Regulatory Office mayimpose appropriate sanctions upon theerring Concessionaire, such as restitutionto affected Customers or disallowance ofidentifiable expenditures related to the non-compliance.

RULE V

AMENDMENTSI EFFECTIVITY

SEC. 20. Repealing Clause.~IRR No.'2008-02 or the "Implementing Rules andRegulations on Billing Scheme and RateClassificationor High-Rise and other MultipleDwellings" is hereby repealed. All otherrules and regulations inconsistent with theprovisions of this IRR are hereby amendedaccordi ngly.

SEC. 21. Separability Clause.-If anypart or provision of this IRR is held invalidor unconstitutional, the other provisions notaffected thereby shall remain in force andeffect.

SEC. 22. Amendment, Modification and/or Repeal.-Upon its own initiative or uponthe recommendation of the RegulatoryOffice, the MWSS-80T may, suspendthe implementation, modify or repeal anyprovision of this IRR.

, SEC. 23. Effectivity.- This IRR shall takeeffect fifteen (15) days after its publication inthe Official Gazetteor in two (2) newspapersof general circulation, or the effectivity of the"R" whichever comes later.