Philippine Energy Policy Wiki

DC2023-05-0013 — Implementing Guidelines of Executive Order No. 21 (EO 21-IG)

Status
operative
Confidence
high
Effective date
2023-06

Full title: Implementing Guidelines of Executive Order No. 21 Parent instrument: EO 21 (April 19, 2023) — “Directing the Establishment of the Policy and Administrative Framework for Offshore Wind Development” Signed: May 18, 2023 by Secretary Raphael P.M. Lotilla Effectivity: 15 days after publication in two newspapers of general circulation (approx. early June 2023) Sections: 13

Key Provisions

Section 1–2: Title and Scope

This Circular is the “EO 21-IG.” Covers all development stages of OSW Projects including permitting requirements and processes by Permitting Agencies.

Section 3: Key Definitions

  • OSWESC — Offshore Wind Energy Service Contract; the RE Contract type for offshore areas (including estuaries); grandfathers WESCs awarded in offshore areas before EO 21-IG
  • OSW Developer — OSWESC or offshore WESC holder with exclusive development rights in a contract area
  • Permitting Agencies — government agencies/concessionaires that issue permits for OSW development (list in EO 21 Annex A)
  • NSP — Network Service Provider (transmission or distribution system owner/operator/controller)
  • EVOSS System — online platform for coordinated/synchronous permit processing (see RA 11234)
  • Whole-of-Government Approach — integrated government effort for OSW resource development

Section 4: OSW Development Activities — Three Stages

Pre-Development:

  • Permitting/consenting for exploration (environmental/social clearances, fisheries, navigation, security; Duty-Free Importation Certificate)
  • Resource assessment (wind resource, bathymetry, metocean, geological, hydrographical surveys; meteorological masts, LiDAR, SoDAR)
  • Road/port/grid capacity assessment (grid: NSP; port: developer + PPA; road: developer + DPWH)
  • PPA mandated to formulate “Port Development and Investment Plan” for OSW
  • Feasibility Study: market, technical (micro-siting + energy yield), financial/economic, social/environmental
  • Financial closing

Construction:

  • EPC tendering (optional; developer may contract EPC firm)
  • Permitting for construction and commercial operation (EPC Contractor secures permits on developer’s behalf)
  • Construction: WTGs, substation, submarine cable, transmission line, interconnection facilities, special-purpose port/jetty
  • Testing and commissioning per DOE/ERC issuances and international standards

Commercial Operation:

  • Operation and maintenance per Philippine Grid Code and international best practice
  • Decommissioning at developer’s expense per approved Abandonment and Termination Plan

Sections 5–7: Policy Framework, Permits, and Fees

  • DOE to issue Policy and Administrative Framework by 18 June 2023 (→ DC2023-06-0020 OPAF)
  • All Permitting Agencies must submit complete permit lists + process flows (EVOSS format) + fee schedules to DOE by 18 June 2023
  • Periodic review of processes and fees every 3 years
  • Fees rationalized for OSW novelty; may be reduced/adjusted; CPI adjustment every 3 years

Section 8: Whole-of-Government Approach

  • DOE collates and disseminates permit requirements to all Permitting Agencies
  • DILG must prescribe uniform LGU requirements, procedures, permits, and fees for OSW Development Activities and grid interconnection

Section 9: EVOSS Integration

  • DOE reviews agency submissions within 30 days → recommends ESC integration or requires correction within 15 days
  • Within 15 days of ESC approval → DILG disseminates to all LGUs
  • Post-integration: all OSW permitting exclusively through EVOSS System
  • Non-ESC Permitting Agencies must nominate at least one resource person to ESC

Section 10: Transmission

  • DOE coordinates with TransCo, ERC, NSP, and OSW Developers on timely transmission development
  • NSP must prepare and submit updated Transmission Development Plan (TDP) for OSW grid connection
  • ERC must issue transmission rules within 60 calendar days of EO 21-IG, to be integrated into EVOSS

Pages Updated

  • wiki/pages/concepts/offshore-wind.md — Added OSW Development Lifecycle section (3 stages) and permitting/transmission mandates
  • wiki/pages/concepts/evoss.md — Expanded Offshore Wind Integration subsection with 30-day/15-day integration process details

Full text: Cleaned copy