DC2021-09-0030 (CSP Amendments, 2021)
Department Circular No. DC2021-09-0030 “Amending Certain Provisions of and Supplementing Department Circular No. DC2018-02-0003 on the Competitive Selection Process in the Procurement by the Distribution Utilities of Power Supply Agreement for the Captive Market” Issued: September 24, 2021 | Effective: ~October 9, 2021 (15 days after publication) Secretary: Alfonso G. Cusi
Note: DOE serves this circular’s PDF under the wrong slug dc2021-10-0030 — a standing filing inconsistency, not a legacy-site artifact: the current prod-cms portal still labels the document DC2021-09-0030 while hosting it at .../documents/d/guest/dc2021-10-0030. No separate DC2021-10-0030 exists, on three independent grounds (re-verified 2026-08-02): (1) the document heading reads “DEPARTMENT CIRCULAR NO. DC 2021-09-0030”; (2) DOE’s own circular listing carries exactly one row for it, labelling it DC2021-09-0030 while giving the dc2021-10-0030 URL, and carries no row labelled DC2021-10-0030; (3) decisively, the DOE sequence number is continuous across the month boundary — 09-0028, 09-0029, 09-0030, 10-0031, 10-0032 … 10-0035 — so sequence 30 is already spent on this September circular and a distinct October 0030 would require DOE to have issued number 30 twice. Our own copy was downloaded from the wrong slug and still records it: raw/_ocr/regulations/dc2021-09-0030.txt opens with the page marker dc2021-10-0030-pages-01.ppm.
Consequence for tooling: a citation sweep that greps wiki/ for DC-number patterns will match the slug inside this very note and report dc2021-10-0030 as an un-ingested circular. It is not one. See plan/2026-08-02-dc-tier-c-circular-backlog.md.
Document Type
29-page amending circular with 2 annexes. OCR extracted; cleaned version at source/regulations/dc2021-09-0030.md.
Structure
15 operative sections (Sections 1–15) amending or supplementing DC2018-02-0003, plus:
- Annex A: Minimum Requirements for Certificate of Exemption from CSP (emergency power and PSALM tracks)
- Annex B: Standard Template for Terms of Reference (10 sections: general supply, terms, cost/tariff structure, payment, outage allowance, replacement power, force majeure, termination, liquidated damages, reduction of capacity)
Key Amendments
| Section | Change |
|---|---|
| §1 → §2.1 | Coverage extended to Power Suppliers (not just DUs); technology neutrality principle added |
| §1 → §2.2.1 | 5 refined CSP exemptions (grants; emergency EPSA ≤1yr; embedded indigenous RE ≤10MW Luzon / ≤5MW Vis-Min; NPC off-grid; PSALM bilateral) |
| §2 → §3 | New definitions: Power Supplier, Emergency Power, COP, EVOSS, Force Majeure, Indigenous Energy Resources, New Technology, TCGR, USP |
| §3 → §4.2 | PSPP now requires 9 items including 10-year monthly peak demand forecast and Distribution Impact Study |
| §4 → §5 | TPBAC: 5 members (lawyer + finance + technical + 2 captive customers); selection process via EVOSS; BOD may intervene |
| §5 → §6.3 | DOE to issue TPA accreditation guidelines within 120 days → fulfilled by DC2022-06-0027 |
| §7 → §8 | Two CSP tracks: (A) Competitive Public Bidding and (B) Alternative Mode (USP for New Technology only, ≤25% of DU peak demand) |
| §7 → §8.7 | 180-day CSP completion period (publication → award and PSA signing) |
| §10 → §12.3 | ERC: 120-day mandate for dispute rules, PSA template, and pass-on charge review |
| §11 → §13 | 3-level protest: MFR to TPBAC (3d filing/7d decision) → BOD (7d filing/7d decision) → Rule 65 court action |
Critical Provision: §2.2.1.3
The embedded indigenous RE exemption at §2.2.1.3 (10 MW/5 MW cap) is the provision cited in DC2022-02-0002 §7.2(b) as the CSP exemption applicable to Biomass WTE facilities embedded in DU franchise areas. This makes DC2021-09-0030 the legal basis for the Biomass WTE CSP carve-out.
Successor
DC2023-06-0021 (June 2023) consolidates DC2015-06-0008, DC2018-02-0003, DC2021-09-0030, and DC2022-06-0027 into a single streamlined framework. DC2021-09-0030 is conditionally repealed only upon effectivity of ERC implementing guidelines.
Wiki Target
- Updated: Competitive Selection Process (CSP) — added “2021 CSP Amendments (DC2021-09-0030)” section
Full text: Cleaned copy