ERC says four-member board not delaying Direct PPA or PDP

Thailand’s Energy Regulatory Commission (ERC) has rejected claims that its reduced four-member board is delaying the Direct Power Purchase Agreement (Direct PPA) scheme or the country’s new Power Development Plan (PDP 2026), arguing that its regulatory work has continued despite a prolonged delay in appointing new commissioners.

Poonpat Leesombatpiboon, secretary-general of the Office of the Energy Regulatory Commission and ERC spokesman, acknowledged that the recruitment process had been delayed for about two years but said this had not prevented the regulator from carrying out its statutory duties. 

The ERC’s current website lists four commissioners, while its recruitment notices show that four previous commissioners completed their terms on September 30, 2024 and that a selection process for replacements was still under way in July 2026.

Poonpat said confusion had arisen over the ERC’s role, which covers both implementing government energy policy and independently regulating energy businesses.

PDP 2026 is a policy process, ERC says

Poonpat said preparation of PDP 2026 falls principally within the government’s policy process, with the ERC providing its views rather than controlling the drafting of the plan.

The regulator’s reduced membership therefore had no bearing on the timetable for PDP 2026, he said.

The ERC had also carried out advance work on appropriate service charges for smart-grid development and Direct PPA arrangements while awaiting policy decisions.

The National Energy Policy Council (NEPC) on July 15 approved an expansion of Direct PPA arrangements through Third Party Access to the electricity grid, extending access beyond data centres to other industries seeking clean electricity.

Poonpat has previously said the July decision removed the earlier 2,000MW ceiling and opened the mechanism to industries requiring clean electricity, rather than restricting it to data-centre operators.

He said the Energy Policy Administration Committee subsequently approved the principles on August 3, after which the ERC moved the revised electricity-purchasing framework into the public-consultation process required by law.

“Direct PPA has not been delayed,” Poonpat said.

Data-centre investment handled separately

Poonpat also rejected suggestions that the ERC’s staffing situation was holding up data-centre investment.

He said investment approvals and wider policy decisions for the sector were being considered through a separate government mechanism rather than falling directly under the ERC.

Thailand has already established a dedicated Board of Investment subcommittee to examine data-centre projects against energy, water, environmental and economic-benefit criteria.

The ERC’s responsibilities instead centre on energy regulation, electricity-market rules, grid access, tariffs and licensing.

Regulator cites 6,015 licences

To support its argument that the four-member commission has continued to function, the ERC cited 6,015 energy-related licences and permits issued from October 1, 2024 to the present.

They comprised:

• 343 energy-industry licences under Section 47 of the Energy Industry Act
• 39 electricity distribution-system licences
• 136 electricity retail licences
• 256 building construction permits
• 273 factory-operation licences
• 4,968 regulated-energy production licences

The six categories total 6,015.

ERC documents use the terms Electricity Distribution System Licence and Electricity Retail Licence for the corresponding categories under Thailand’s energy-licensing framework.

Poonpat said the figures demonstrated that the regulator had continued to support economic activity rather than obstruct it.

24 enforcement orders issued

The ERC also reported 24 administrative orders involving 23 licensed operators as part of its oversight of power plants.

These comprised:

• Eight licence suspension orders
• Three orders to stop pollutant emissions
• 13 orders requiring power plants to make corrections or improvements

Poonpat said stricter regulatory oversight was intended to prevent power plants from releasing pollutants above legal limits and had contributed to a reduction in disputes between operating power plants and surrounding communities.

He maintained that the delayed appointment of commissioners had therefore not prevented the ERC from performing either its licensing or enforcement functions.