DC2023-09-0027 — GET=FIT Clarification Amendment to DC2021-11-0036

Full title: Amendment to Department Circular No. DC2021-11-0036 Titled “Providing the Revised Guidelines for the Green Energy Auction Program in the Philippines” Issued: 26 September 2023 Issuing authority: DOE Secretary Raphael P.M. Lotilla Effectivity: 15 days after publication in at least two newspapers of general circulation Amends: DC2021-11-0036 (§9.13 — Post-Auction Procedures)

Flagged discrepancy: the knowledge page’s frontmatter recorded effective-date: 2023-09-26 (the signing/issuance date), while the body text states effectivity is “15 days after publication in at least two newspapers of general circulation” — i.e., a later date. The source summary’s frontmatter used effective-date: 2023-10, consistent with a ~15-day publication lag from the 26 September signing date. Per merge policy the source-summary’s value is preferred and used above; the exact 2023-10 calendar day was not independently verifiable from either file.

This is a short, targeted clarification: the Green Energy Tariff (GET) resulting from a Green Energy Auction is the FIT to which the Winning Bidder is entitled — not a separate charge against the FIT-All Fund — and the COE-GET is the equivalent of the Certificate of Endorsement for FIT Eligibility.

Background

Without explicit statutory language linking the GET to the FIT framework, a regulatory gap existed: could GEAP winners access the FIT-All Fund, or were they entitled only to their GET through some other mechanism? DC2021-11-0036 §9.12–9.13 described the post-auction sequence (COE-GET → ERC COC) but did not explicitly say the GET is a FIT or that the FIT-All Fund applies [DC2021-11-0036, §9.12–9.13, 2021-11-03].

The whereas clause confirms the DOE’s intent was always that the GET is a FIT: “there is a need to clarify that the GET resulting from a Green Energy Auction is considered as the FIT to which a Winning Bidder is entitled, and is not a separate and distinct charge or imposition against the FIT-All Fund” [DC2023-09-0027, §Whereas, 2023-09-26].

Operative Amendment: §9.13 of DC2021-11-0036

Section 9.13 is revised to read:

“9.13. Post-Auction Procedures. After securing a COE-GET, the Winning Bidder/s shall comply with the procedures outlined in ERC Resolution No. 16, Series of 2014. For purposes of securing a Certificate of Compliance from the ERC, the COE-GET shall be considered, interpreted, and accepted as the same Certificate of Endorsement for FIT Eligibility issued by the DOE under FIT. In the availment of the FIT-All Fund, the GET of a Winning Bidder shall be considered, interpreted, and accepted as the FIT.” [DC2023-09-0027, §1, 2023-09-26]

ERC Resolution No. 16, Series of 2014: “A Resolution Adopting the 2014 Revised Rules for the Issuance of Certificates of Compliance (COCs) for Generation Companies, Qualified End-Users and Entities with Self-Generation Facilities.”

Key Implications

GET = FIT for FIT-All purposes. GEAP winners do not need a separate regulatory track to access the FIT-All Fund. The competitive auction price (GET) is treated identically to an administratively set FiT rate for the purpose of payment through TransCo REPAs and the FIT-All mechanism [DC2023-09-0027, §1, 2023-09-26].

COE-GET = Certificate of Endorsement for FIT Eligibility. The DOE-issued auction award certificate (COE-GET) is recognized by the ERC as equivalent to the FiT eligibility certificate it would otherwise issue. This allows GEAP winners to proceed through the existing FIT regulatory pipeline to obtain ERC Certificates of Compliance without a new instrument being created [DC2023-09-0027, §1, 2023-09-26].

No structural change to DC2021-11-0036. The GEAR mechanism, bidding process, GEAC, FIT-All funding channel, and Opt-In Mechanism are all unchanged. This circular only resolves the regulatory equivalence question in the post-auction process.

Policy significance: Closes a regulatory gap that could have delayed or complicated GEA-1/GEA-2 winner payment processing. By establishing GET=FIT and COE-GET=FIT eligibility certificate, GEA winners are fully integrated into the existing FIT payment infrastructure without requiring new instruments.

Relation to Later Amendments

DC2025-06-0009 (June 2025) explicitly references DC2023-09-0027 in its whereas clauses, confirming that this circular’s GET=FIT equivalence is part of the foundational GEAP framework: “[DC2023-09-0027] clarifies that the GET of a Winning Bidder is equivalent to the FIT that shall be paid from the FIT Allowance (FIT-All) Fund” [DC2025-06-0009, §Whereas, 2025-06-09].

See Digest: DC2021-11-0036 — Revised GEAP Guidelines for the full GEAP framework and Digest: DC2025-06-0009: One-Time GET Indexation Clarification (Amendment to DC2025-03-0004) for the subsequent amendment chain.

Full text: Cleaned copy