(11) issue orders and determine the administrative fines pursuant to Division 8 – Disciplinary Procedures;
(12) provide comments or recommendations related to the energy industry operation to the Minister and the cabinet;
(13) promote and support the research study in the field of energy industry operation;
(14) promote knowledge and awareness in relation to energy in the society and among the general public;
(15) promote and support human resources development in order to increase efficiency in the energy industry operation;
(16) promote economical and efficient use of energy and the use of renewable energy and energy that has less adverse impact on the environment, with due consideration of the efficiency of the electricity industry operation and the balance of natural resources;
(17) coordinate with other agencies in relation to the execution of the duties stipulated in this Act; and
(18) perform any other task as stipulated in this Act or in other laws as part of the ERC’s authority and duties.
All the regulations, rules, announcements or codes to be generally enforced shall take effect upon their publication in the Government Gazette.
All the orders to be exclusively enforced on any individuals shall come into force upon their notification to the subject of such an order in accordance with the rules and procedure on notification of an administrative order under the law on administrative procedure.
The ERC Commissioners must have practical achievements or hands-on experience illustrating profound knowledge, understanding and expertise or must have a minimum of ten years’ experience in the fields of energy, mathematics, law, science, engineering, economics, finance, accounting, natural resources and environment, consumer protection, or in other fields which will contribute to the energy industry. In this regard, the working period in each of the mentioned fields can be accumulated.
Among the ERC Commissioners, there shall be Commissioners from the energy field, at least one each from the electricity industry and the natural gas industry.
The ERC Commissioners shall have the qualifications and shall not possess any disqualification as follows:
(1) having Thai nationality;
(2) having attained the age of 40;
(3) must not be a member of the House of Representatives, a member of the Senate, a political official, a member of a local assembly or a local administrator;
(4) must not hold any position in a political party;
(5) must not be insane or mentally disordered;
(6) must not be addicted to drugs;
(7) must not be adjudged as bankrupt or formerly be bankrupt or corrupt;
(8) must not be adjudged incompetent or quasi-incompetent;
(9) must not be convicted and sentenced to imprisonment and detained by a court warrant;
(10) must not be a person who used to be imprisoned by a final judgment for two years or more and who has completed the sentence for less than five years on the date of being nominated, except for offenses committed through negligence or petty offenses;
(11) must not be convicted and sentenced by a court to have the assets confiscated by the state due to immoderate wealth or unusual increase of assets;
(12) have never been dismissed, discharged or removed from service of a government agency or a private entity on the grounds of dishonesty, or serious malfeasance, or quasi-corruption and quasi-disciplinary misconduct;
(13) must not be a judge of the Constitutional Court, an election committee member, a state ombudsman, a member of the Counter Corruption Commission, a member of the Auditor-General of Thailand, a member of the National Human Rights Commission of Thailand or a member of the National Economic and Social Advisory Council; and
(14) have never been removed from office by the resolution of the Senate.
In appointing the ERC Commissioners, the Minister shall propose to the cabinet the names of a Screening Committee, comprising nine members, to be appointed to carry out the selection of qualified persons to be nominated ERC Commissioners. The Screening Committee shall comprise:
(1) a former Permanent Secretary of Energy, a former Permanent Secretary of Finance, a former Permanent Secretary of Industry, or a former Secretary-General of the National Economic and Social Development Board, totaling four persons;
(2) one representative of the Federation of Thai Industries that is not an energy industry operator;
(3) one representative of the Council of Engineers;
(4) one representative of the rectors of public higher education institutes;
(5) one representative of the National Economic and Social Advisory Council; and
(6) one representative of the non-profit organizations, of which the achievements have been well recognized for no less than five years in the field of consumer protection, or natural resources and environment, or energy.
In the event that the selection of the persons under (1) cannot meet the required number, a former Permanent Secretary of another ministry or a person of an equivalent post in other government agencies, as deemed appropriate, shall be appointed in lieu of the missing required number.
The Screening Committee Members shall make public the details of their business stake holding with any energy industry operators during the past two (2) years, including those of their spouse and children who have not reached maturity, and shall not have any personal legal cases against any energy industry operators during the mentioned period.
The Screening Committee Members shall have no right to be nominated ERC Commissioners.
The Screening Committee shall elect one among them as Chairman of the Screening Committee.
The selection of the representatives under (4) and (6) shall be in line with the criteria, procedures and conditions set forth by the Minister.
The Office shall function as the administrative agency for the selection of the ERC Commissioners.
The Screening Committee Members shall have remuneration and other expenses for the duty execution as prescribed by the cabinet.
The Screening Committee Members shall have the qualifications and shall not possess any disqualification under Section 13.
The selection and appointment proceedings of the ERC Commissioners shall be as follows:
(1) The Screening Committee shall consider and select persons with knowledge, understanding and expertise or experience as described under Section 12, having qualifications and not possessing any disqualification under Section 13, totaling seven (7) persons, for submission to the Minister together with their particulars, which shall clearly indicate or be accompanied with testimonials illustrating that the persons are qualified in one of the fields specified under Section 12, including a letter of consent of each nominated person, and shall make public the information/particulars of the nominated persons.
(2) The Minister shall submit the names of the selected persons together with the particulars under (1) to the cabinet for approval.
(3) In the event that the number of approved individuals does not meet the required number of the ERC Commissioners to be appointed, the Screening Committee shall again consider and select persons in line with (1), to present to the Minister for further submission to the cabinet for approval.
(4) For the initial appointment of the ERC Commissioners, when the cabinet has approved all the required compositions of the ERC, those persons shall meet and elect one among themselves as Chairman and inform the Prime Minister; the latter shall present the names of the nominated ERC Commissioners to His Majesty the King for his gracious appointment as ERC Chairman and as ERC Commissioners.