In executing their duty under Clause one hereof, the ERC Chairman, the ERC Commissioners, the sub-committee and the person appointed by the ERC under Section 24 shall be regarded officials under the Criminal Code.
Prior to issuing any regulations, rules, announcements or codes of the ERC, which will affect a person, a group of persons or licensees, the ERC shall disclose the essence of the regulations, rules, announcements or codes and shall provide the interested person, group of persons or licensees with the opportunity to make representations to the ERC, in accordance with the hearing process established by the ERC.
In the case of emergency or exigency so as to maintain the energy security of the country or in any other circumstance as stipulated in the Ministerial Regulations, the ERC may not take action as stipulated under Clause one hereof; however, a report must be made to the cabinet for acknowledgement.
For the issuance of any administrative order of the ERC, the law on administrative procedure shall apply mutatis mutandis.
In issuing any regulations, rules, announcements, codes or orders of the ERC, the resolution of the meeting together with the facts and rationale, consisting of the details about the regulations, rules, announcements, codes or orders, shall be recorded in the Minutes of the ERC’s meeting.
The Office shall summarize the Minutes of the ERC’s meetings in its Annual Report, which shall include the details about the number of the ERC Commissioners’ attendance in and absence from the meetings, and shall have it published for dissemination to interested persons or shall also be posted on the website of the Office.
The ERC shall provide reasons, in writing, within sixty (60) days, in respect of the issuance of any regulations, rules, announcements, codes or orders affecting a person, a group of persons or licensees if so requested by the affected person, group of persons or licensees. If the execution of the ERC affects the general public, the reasons for such execution shall also be made public via the website of the Office.
In the Annual Report of the Office under Clause two hereof, the outcomes of the sub-committee’s meetings and the number of the sub-committee members’ attendance in and absence from the meetings, as well as the execution of the person under Section 24 shall be summarized therein.
The ERC Chairman and the ERC Commissioners shall work full-time and shall receive remuneration, expenditures for the duty execution and other rights/benefits as specified in a Royal Decree.
The remuneration and other expenditures for the duty execution of the Chairman of the sub-committee, the sub-committee members and the person under Section 24 shall comply with the regulations stipulated by the ERC and shall also be made public via the website of the Office.
The remuneration, expenditures for the duty execution and other rights/benefits of the ERC Commissioners, the sub-committee members and the person under Section 24 shall be considered as the operating cost of the Office.
THE OFFICE OF THE ENERGY REGULATORY COMMISSION
There shall be established the Office of the Energy Regulatory Commission, being a state entity, which is not considered a government agency or state-owned enterprise under the law on budgetary procedure, with the status of a juristic entity, and shall be under the supervision of the ERC.
The Office shall have the authority and responsibilities for the general tasks of the Office and shall have the following power and duties:
(1) to be responsible for the administrative work of the ERC;
(2) to receive fees as specified by law or determined by the ERC;
(3) to receive petitions concerning the energy industry operation;
(4) to study, compile, analyze and disseminate information related to the energy industry operation, competitive conditions of the energy industry operation, the load forecast and other relevant information;
(5) to develop the revenue and expenditure estimates of the Office for submission to the ERC for approval; and
(6) to perform any other task as entrusted by the ERC or as stipulated in this Act or in other laws to be the authority and duties of the Office.
The operation of the Office is not subject to the enforcement of the law on labor protection, the law on labor relations and the law on compensation. In this regard, the Secretary General, staff members and employees of the Office shall receive the rights/benefits of no less than those specified in the mentioned laws.
The ERC shall have the authority to issue regulations, rules or announcements concerning the general work management, personnel management, budgeting, finance and assets, and other functions of the Office, especially in the following matters:
(1) The internal division of the organizational structure of the Office and the scope of work of each division.
(2) The establishment of the posts, monthly salary scale and other remuneration of the Secretary General, staff members and employees of the Office, including the permission to receive other salary and remuneration.
(3) The determination of qualifications, selection, assignment, appointment, probation, transfer, promotion, salary increase, discharge, removal, dismissal, service suspension, disciplines, disciplinary inquiry and penalty, filing grievances, appeals and punishment to be applied to the Secretary General and staff members of the Office, as well as the procedures and conditions of engaging employees of the Office.
(4) The acting as officer-in-charge or the acting for the post of the Secretary General and staff members of the Office.
(5) The establishment of the uniform and clothing of staff members and employees of the Office.
(6) The engagement and appointment of a person to be an expert or a specialist that will be helpful for the duty execution of the ERC, including the remuneration rate for such an engagement.
(7) The management and administration of the budget, assets and inventories of the Office.
(8) The provision of welfare or other assistance for staff members and employees of the Office.
The regulations, rules or announcements under Clause one hereof shall be published in the Government Gazette.
There shall be a Secretary General of the Office to be responsible for the operation of the Office and report directly to the ERC Chairman. He shall be the commanding officer of the staff members and employees of the Office.
With regard to the activities of the Office that deal with outsiders, the Secretary General shall be the representative of the Office. In this regard, the Secretary General may assign any person to act on his behalf on specific activities, which shall comply with the regulations stipulated by the ERC.
The ERC shall have the authority to select and appoint the Secretary General.
The Secretary General shall have the qualifications and shall not possess any disqualification described under Section 13 and Section 16, Clause one thereof, and shall be able to work full-time for the Office.
The Secretary General shall hold office for a term of five (5) years counting from the date of appointment and may be re-appointed; however, he cannot hold office more than two (2) consecutive terms.
Apart from vacating office upon completion of the term under Section 36 or pursuant to the engagement contract, the Secretary General shall vacate office upon:
(2) having attained the age of 60;
(4) lack qualifications or possess any disqualification stipulated under Section 13 or Section 16, Clause one thereof;
(5) the ERC has passed a resolution, derived from no less than two-third of votes of the existing ERC Commissioners, to remove him from service, on the grounds of serious misconduct, serious malfeasance or inability to perform his duties.
The provisions under Section 20 and Section 21 shall apply to the Secretary General and staff members, for the posts specified by the ERC.
The Secretary General and staff members of the Office shall be considered state officials under the constitutional law on counter corruption.
The Secretary General shall be a high ranking officer under the constitutional law on counter corruption.