DC2023-05-0010 — EVCS Unbundling of Charging Fees

Full title: Guidelines on the Unbundling of Electric Vehicle Charging Station Charging Fee Pursuant to the Electric Vehicle Industry Development Act

Issued: 12 May 2023 | Secretary: Raphael P.M. Lotilla

This circular implements EVIDA-IRR Rule II §8 and Rule IV §11(a)(j)(n), establishing how EVCS Providers must structure and disclose fees charged to EV users. Companion circulars: Digest: DC2023-05-0011 — EVCS Provider Accreditation and EVCS Registration (accreditation/registration) and Digest: DC2023-05-0012 — EV Recognition Guidelines (EV recognition).

Scope (§2)

Applies to accredited EVCS Provider–Operators imposing fees on EV users for use of commercial EVCS facilities.

EVCS Categories for Fee Purposes (§4)

CUCS (Commercial Use Charging Stations): Open to the public or a defined group; may collect fees. BSS (Battery Swapping Stations) also classified as CUCS for unbundling purposes.

OUCS (Own-Use Charging Stations): Exclusive to one individual or entity; cannot collect fees. Exception: OUCS used by ≥2 different cooperatives/corporations = treated as CUCS.

Unbundling Methods (§6)

All charging fee structures must use one or more of:

1. Fixed fees (monthly or annual)
2. Variable/consumption-based (per kWh)
3. Time-based (per minute or per hour)
4. Service-based (per use)
5. Cashless payment systems
6. A mix of the above

All structures must conform to the minimum format in Annex A, which must be disclosed to EV users at every use.

Application and Review (§7–10)

• EVCS Provider–Operator submits Annex B (Unbundled Structure Report Form) to EUMB
• Multi-city/multi-site EVCS Provider–Operators may submit their unbundled fee structure by region rather than per individual site, provided the structure is uniform across all sites in that region [DC2023-05-0010, §8, 2023-05-12]
• EUMB completeness check: 2 working days
• EUMB issues acceptance upon satisfaction; effective date is day of acceptance
• Implementation period: 30 calendar days from acceptance date
• Adjustments require advance notice to EUMB and public announcement before implementation, plus Annexes B, C (Notice of Adjustments), D (fee explanation), and supporting justification; accepted adjustments take effect from EUMB acceptance

Obligations of EVCS Providers (§11)

• No fees without an accepted unbundled structure
• Allow EUMB inspections at all reasonable times
• Annual report (Annex E) due February 28 each year

DU-Operated EVCS (§12)

Distribution utilities operating as EVCS must comply with EPIRA §26 — business separation and unbundling per ERC rules. ERC has separate jurisdiction over DU EVCS rates under EVIDA §8.

EVCS Provider Registry (§13)

EUMB maintains annual public registry of all registered EVCS with their charging fees on the DOE website.

Penalties (§15–16)

PhP50,000–PhP500,000 per violation + possible suspension/revocation of accreditation + blacklisting. Prohibited acts include: inaccurate information, non-submission of reports, fee collection without approved structure, refusal of inspections.

Transition and Review

• Existing EVCS providers: 180-day transition period from effectivity [DC2023-05-0010, §17, 2023-05-12]
• DOE reviews every 2 years [DC2023-05-0010, §18, 2023-05-12]

Full text: Cleaned copy