=== dc2016-04-0003-pages-01.ppm ===
@
a8 Republic of the Philippines
Keg +=DEPARTMENT OF ENERGY

=

DEPARTMENT CIRCULAR NO._DC 2.0 16 - 04 -0003

ADOPTING FURTHER AMENDMENTS TO THE WESM RULES AND MARKET
MANUALS
(Provisions for Technical Committee)

WHEREAS, Sections 30 and 37(f) of the Electric Power Industry Reform Act (EPIRA)
provides that the DOE, jointly with the electric power industry participants, shall establish
the Wholesale Electricity Spot Market (WESM) and formulate the detailed rules governing
the operations thereof;

WHEREAS, on 28 June 2002, the DOE, with the endorsement of the electric power industry
participants, promulgated the WESM Rules through Department Circular No. DC2002-06-
003;

WHEREAS, any changes, amendments, and modifications to the WESM Rules shall be
undertaken in accordance with the provisions of Chapter 8 thereof;

WHEREAS, on 15 September 2015, the Rules Change Committee (RCC) received the
Technical Committee’s proposed amendments to the WESM Rules and Technical Committee
Market Manual;

WHEREAS, the said proposal sought to update the Technical Committee Market Manual
and revise the procedures in the conduct of technical study and review for consistency with
the WESM Rules;

WHEREAS, on 07 October 2015, the Rules Change Committee (RCC) during its 105 RCC
Meeting discussed the said proposal, which thereafter approved its publication in the
WESM website to solicit comments from market participants and other interested parties;

WHEREAS, on 02 December 2015, the RCC during its 107% RCC Meeting deliberated on the
proposal giving due course to the comments received from market participants;

WHEREAS, on 13 January 2016, the RCC during its 108% RCC Meeting further reviewed
and finalized the proposal, which thereafter approved its endorsement to the PEM Board;

WHEREAS, on 29 January 2016, after due evaluation and deliberation, the PEM Board
during its 113 PEM Board Meeting approved for endorsement to the DOE the above stated
RCC proposed amendments to the WESM Rules and Market Manual particularly the
Technical Committee Manual;

WHEREAS, on 04 February 2016, the above stated amendments to the WESM Rules and
Technical Committee Manual were submitted to the DOE for final approval, in compliance
with Chapter 8 of the WESM Rules;

WHEREAS, the DOE thoroughly reviewed the abovementioned PEM Board-approved
amendments to the WESM Rules and Technical Committee Manual, and deemed it
consistent with the objectives of the WESM such as efficiency and transparency.

Energy Center, Rizal Drive. Bonifacio Global City, Taguig City, Metro Manila, Philippines
Tels.: (Trunks) 840-1401 to 40: Fax 840-2067: 840-2236; 840-2067 (Domestic); 632-840-2173; 632-840-2236; esnenatsti fe
(international)
=== dc2016-04-0003-pages-02.ppm ===
NOW THEREFORE, pursuant to its authority under the EPIRA, WESM Rules, the DOE
hereby adopts, issues, and promulgates the following amendments to the WESM Rules and
relevant Market Manual:

Section 1. Amendments to the WESM Rules.
Clause 1.7.2 under Responsibilities of the Technical Committee is amended to
read -
“1.7.2 Responsibilities of the Technical Committee

The Technical Committee, from time to time as necessary and appropriate and
whenever the PEM Board directs, shall:

(a) Monitor technical matters relating to the operation of the spot market;

”

XXX XXX XXX

Section 2. Amendments to the Market Manual. Pursuant to DOE Circular No. DC2015-07-
0013 entitled “ Adopting Further Amendments to the WESM Rules (Procedure for Changes
to the WESM Rules and Market Manuals),” the Technical Committee Market Manual
presented as “Annex A” to this Circular are hereby approved and adopted.

Section 3. Separability Clause. If for any reason, any section or provision of this Circular is
declared unconstitutional or invalid, such parts not affected shall remain valid and
subsisting.

Section 4. Effectivity. This Circular shall take effect upon its publication in at least two (2)
newspapers of general circulation and shall remain in effect until otherwise revoked.

Issued this April 2016 at the DOE, Energy Center, Rizal Drive, Bonifacio Global City,

Taguig City, Metro Manila.
eval a 2

Secretary
UA QUINT
APR 12 2016

2

DC ~- Amendments to WESM Rules/ Market Manual (Provisions for the Technical Committee)
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&! pholeae Electricity
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PUBLIC

WESM Manual

Technical Committee Market Manual
Issue 2.0

This document establishes the scope, functions and responsibilities of
the Technical Committee pursuant to the WESM Rules.

Abstract

Document Identity: WESM-TCMM-002

Issue No.:
| Reason for Issue:
| Approval Date:

| Publication Date:
| Effective Date:

=== dc2016-04-0003-pages-04.ppm ===
Wholesale Electricity
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Technical Committee Market Manual WESM-TCMM-002

Effective Date: --

Document Change History

Date of Reason for Amendment

Submission

Proponent

1.0 Technical 27 New Document
Committee December
2011

15
September
2015

Technical
Committee

Technical Committee Review

2.0

Issue RCC
Approval

RCC PEM Board Date of DOE
Resolution i renin) Resolution DOE Circular
No. yeove No. Approval No.

2012-04 2012
Reaco | ae|

2016-01 2016
ns

18 July 2012

2 13 January
2016

Reference Documents

Document ID Document Title

WESM Rules

Guidelines Governing the Constitution of the PEM Board
Committees Issue 2.0

TC Internal Rules, issue 2.0

=== dc2016-04-0003-pages-05.ppm ===
Sp Wholesale Electricity
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Technical Committee Market Manual WESM-TCMM-002

SECTION 1
Va:
1.2;
1.3.

SECTION 2
2.1.
2.2.

SECTION 3
3.1.
3.2.
3.3.
3.4.

SECTION 4
4.1.
4.2.
4.3.

SECTION 5

SECTION 6

SECTION 7

Effective Date: —

Table of Contents
FT re IN sscscsessccncncaesstescaccesxanasnieasiarenecsrianenvemseusssnssenevovensnpenomnmmevenssnenned 1
PURPO SE sesccscevsccscessszvavi ntussencnvescuseveiaacsoaressusmn meansarreesnaaaecememananie 1
SCOP Evie escicaceseescocccscenscancesscacvesvstvacsnvarcseucacsunisaswweveactuacerensemenasnevemuaceosanness 4
REVIEW AND UPDATES weccccecrssscassarescasccwacansercatasvonsevevasssvasnosavsssnasssesousnesss 2
DEFINITIONS, INTERPRETATION AND CONSTRUCTION. ..........::ceseeseeerees 2
DEFINITIONS  eccssscccsessssiosuccorecyeaassarezsscccaecesssenccvecesmensccuceninesvesuasuseusenseeesaes 2
INTERPRETATION AND CONSTRUCTION ..............0cccccecceeeesseesseeeeeeeeeeees 5
THE TECHNICAL COMMITTEE ccscscccscccccccccsccsscsccssosvsccccsessesescscscccassosccssscsoncense 6
RESPONSIBILITIES ...c<ecseveescerenonens susantocsnisegssucsisteapusnncBOstdOUeUSU SSS NaaNa CeaTN 6
SELECTION AND APPOINTMENT............:::ccccccceceecesseceecesenensrseceeeneneesesense 7
REPORTS boncocsevosesocosonnsoreceexonsercensracrensenepescensensa5ieevene pany nonszanavanseascapaaskausdass 7
PUBLICATION |... ccacernavceseconcvveeneenconensonossnsnnonanenseassevasenoannconsvsbacey pan suspecuauvesias 8
REVIEW OF TECHNICAL MATTERS ...............-:::eesesseereersenssereneneresseseeseeeeeeenee 8
COVERAGE AND SCOPE .00......cccccccccccecececcececececeeeeeececeeecetereeteeneenerenereereees 8
NATURE OF REVIEW/ STUDY ouii.....cccccccececccceceeecesseeeeeeeeeeeereeeeeeeeneneseneeees 8
ACCESS TO INFORMATION AND DATA MANAGEMENT...........22:cccceeeseees 10
CONFIDENTIALITY AND DISCLOSURE OF INFORMATION..........::-0eee00+ 10
LIMITATION OF LIABILITY AND INDEMNIFICATION ...............::scsceeesreeeeees 11

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1.1.

1.2.

Effective Date: —

SECTION 1 INTRODUCTION

PURPOSE

WESM Rules Clause 1.7.2 sets out the responsibilities of the Technical Committee.

This Market Manual defines the scope of the functions of the Technical Committee and
details the procedures to be observed by the Technical Committee and concerned
parties related to the functions of the Technical Committee. This Manual aims to:

1 ae

lets

Clarify functions and responsibilities of the Technical Committee as prescribed
under the WESM Rules;

Establish the scope of the assistance to be provided by the Technical
Committee to the PEM Board pursuant to Section 1.1.3 and the procedures to
be observed for the provision of the same;

. Establish the scope, guidelines and procedures in providing expert support to

other PEM Committees, PEMC or WESM Members;

. Clarify the responsibilities of the Technical Committee in proposing

amendments to the WESM Rules and Market Manuals, and

. Clarify the role of the Technical Committee regarding its support to the PEM

Audit Committee in the conduct of Audits.

SCOPE

This Manual covers all the processes and procedures of the Technical Committee
relative to its functions and responsibilities under the WESM Rules. This includes the
following:

2st.

12:2.

1:2.3.

A discussion of the processes and procedures related to all Technical
Committee activities pursuant to its mandate under the WESM Rules;

The provisions of the rules on information confidentiality and disclosure as they
apply to the Technical Committee in respect to its reports and documents; and

A description of the interaction between the Technical Committee and the PEM
Board, WESM Governance Committees and other WESM Members in relation
to the functions of the Technical Committee as provided for under the WESM
Rules.

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1.3.

24s

Effective Date: —

REVIEW AND UPDATES

1.3.1. The PEM Board, with the assistance of the Technical Committee and the
Market Assessment Group, shall maintain this Manual under review, to identify
any need for updates and amendments, and accordingly update the same to
respond to the evolving needs of the market.

1.3.2. Amendments to the provisions of this Manual shall be approved pursuant to the
provisions of WESM Rules Clause 8.5.4 as prescribed.

1.3.3. Amendment proposals to this Manual may arise from:

(a) The PEM Board, upon its own initiative or upon a recommendation by
other PEM Committees;

(b) A WESM Member, the Market Operator, the System Operator, or any
party affected by the operations of this Manual, and

(Cc) The Technical Committee in view of any or a combination of the
following:

i. Problems experienced or issues encountered in the
implementation of this Manual;

ii. Amendments to the WESM Rules or other Applicable Law,
Rules and Regulations affecting the provisions of this Manual,

iil. Conflict of interpretation; or

iV. Provisions or parts of this Manual being annulled or declared
invalid.

1.3.4. Proposed amendments to this Manual shall be submitted, reviewed and

approved in accordance with the provisions of the WESM Rules and the Rules
Change Manual as prescribed.

SECTION 2 DEFINITIONS, INTERPRETATION AND CONSTRUCTION

DEFINITIONS

Unless otherwise defined in this Manual, terms and acronyms used in this Manuai shall
have the same definition as that in the WESM Rules.

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Act means the Republic Act No. 9136 also known as the Electric Power Industry
Reform Act (EPIRA), as they may be issued or modified by competent authorities from
time to time.

Applicable Law, Rules and Regulations shall include the EPIRA and its
Implementing Rules and Regulations, the Philippine Grid Code, the Philippine
Distribution Code, the WESM Rules and Market Manuals, the Competition Rules, and
such other codes, rules, regulations, issuances related to the WESM, as they may be
issued or modified by competent authorities from time to time.

Annual Report means the report of the Technical Committee that presents the results
of market studies and reviews and other activities.

Distribution Code refers to a compilation of rules and regulations governing electric
utilities in the operation and maintenance of their distribution systems which includes,
among others, the standards for service and performance, and defines and establishes
the relationship of the distribution systems with the facilities or installations of the
parties connected thereto.

DMC refers to the Distribution Management Committee which was established by the
ERC to monitor Distribution Code compliance at the operations level and to submit
regular and special reports pertaining to the Distribution Operations. It shall also initiate
an enforcement process for any perceived violations of Distribution Code provisions
and recommend to the ERC the appropriate fines and penalties for such violations.

DOE refers to the Department of Energy, the government agency created pursuant to
Republic Act No. 7638.

ERC refers to the Energy Regulatory Commission, the independent quasi-judicial
regulatory body created by the EPIRA.

Grid Code refers to the set of rules and regulations governing the safe and reliable
operation, maintenance and development of the high voltage backbone transmission
system and its related facilities.

GMC refers to the Grid Management Committee which was established by the ERC to
monitor Grid Code compliance at the operations level and to submit regular and special ~
reports pertaining to the Grid Operations. It shall also initiate an enforcement process
for any perceived violations of Grid Code provisions and recommend to the ERC the
appropriate fines and penalties for such violations.

Independent means a person that is considered as independent of the Philippine
electric power industry, in accordance with the criteria set forth in WESM Rules 1.4.2.7.

Market Manual means a manual of specific procedures, systems and protocols for the
implementation of the WESM Rules and for the PEM Committees.

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Manual refers to this Technical Committee Market Manual.

Market information Website means the website for the publication of information and
results of the WESM established in accordance with the WESM Rules.

Market Surveillance Committee (MSC) refers to the PEM Committee appointed by
the PEM Board to monitor and report on activities in the spot market in accordance
with the Market Surveillance Market Manual.

Metering Services Provider refers to a person or entity authorized by the ERC to
provide metering services and registered with the Market Operator in that capacity in
accordance with WESM Rules Clause 2.3.6.

PEM Auditor refers to the auditor appointed by the PEM Board under WESM Rules
Clause 1.4.6 to undertake functions set out in WESM Rules Clause 1.5.

PEM Board refers to the Board of Directors of the PEMC that is responsible for
governing the WESM.

PEM Committee refers to a Committee duly provided for under the WESM Rules and
such other committees created by the PEM Board from time to time, including for
purposes of this Manual, the PEM Auditor, the Technical Committee and the Market
Surveillance Committee.

PEMC refers to the Philippine Electricity Market Corporation, a non-stock, non-profit
public-private partnership that governs the wholesale electricity spot market (WESM).

PEMC Charter refers to the Articles of Incorporation and By-Laws of the PEMC, as
approved by the Securities and Exchange Commission on 18 November 2003, and as
they may be amended from time to time.

Rules refers to the WESM Rules.

Rules Change Committee refers to the committee established by WESM Rules
Clause 8.2 to review and propose amendments to the WESM Rules.

System Operator refers to the party identified as the System Operator pursuant to the
Grid Code which is the party responsible for generation dispatch, the provision of
ancillary services, and operation and control to ensure safety, power quality, stability,
reliability and security of the grid.

Technical Committee refers to the committee whose members are appointed by the
PEM Board to monitor and review technical matters under and in relation to the WESM
Rules, the Grid Code and Distribution Code, in accordance with WESM Rules Clause
1.7.

Trading Participant is a person or entity registered with the Market Operator in

accordance with WESM Rules Clause 2.3.3 as either a customer or a generation
company.

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reed

Effective Date: —

WESM Objectives refers to the objectives of the spot market as defined in WESM
Rules Clause 1.2.5.

WESM Member means a person who is registered with the Market Operator in
accordance with WESM Rules Clauses 2.3 and 2.4, and that includes Trading
Participants, Metering Services Providers, Network Service Providers, Ancillary
Services Providers and the System Operator.

INTERPRETATION AND CONSTRUCTION

2.24.

2igie-

2.2.3.

2.2.4.

2.2.5.

2.2.6.

22.8

2.2.8.

2.2:9.

Any Annex to this Manual shall be considered an integral part hereof.

Any reference to "this Market Manual" or “this Manual" is a reference to the
whole of this Technical Committee Market Manual, including all its Annexes.

The singular includes the plural and vice versa.

The words “such as”, "include", "including", “for example” and "in particular”
shall be construed as being by way of illustration or emphasis only and shall
not limit or prejudice the generality of any foregoing words.

Headings in this Manual are for convenience only and shall not affect the
construction and interpretation of the provisions of this Manual.

Any reference to any law, regulation made under any law, rules or codes shall
be to that item as amended, modified, revised or replaced from time to time.

Unless otherwise stated or contextually inherent, any reference to a numbered
rule corresponds to that clause in the WESM Rules.

The provisions in this Manual, the WESM Rules and other Market Manuals
shall be read, construed and interpreted in such a manner as to harmonize and
reconcile each and every provision thereof. In the event of inconsistency, the
WESM Rules shall prevail.

Should any provision of this Manual be declared invalid or nullified by any court
or authority of competent jurisdiction, the other provisions not affected by the
declaration of invalidity or nullity shall continue to be in full force and effect.

2.2.10. If part of a provision of this Manual is invalidated or nullified by any court or

authority of competent jurisdiction, but the rest of the provision remains valid
even if part of the wording was deleted, the provision shall apply with such
minimum modification as may be necessary to make it valid and effective and
to most closely achieve the result of the original wording but without affecting
the meaning or validity of any other provision of this Manual.

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SECTION 3 THE TECHNICAL COMMITTEE

3.1. RESPONSIBILITIES
3.1.1. The Technical Committee shall primarily assist the PEM Board and the DOE in the
formulation of policies that will help the achievement of the WESM objectives of
establishing a sustainable, competitive, efficient, ttansparent and reliable market
for electricity where:

(a) An atmosphere of transparency and fair competition exists among WESM
Members;

(b) Trading of electricity is facilitated among WESM Member within the spot
market;

(c) Qualified third parties are granted Open Access to the power system in
accordance with the EPIRA;

(d) Prices are governed as far as practicable by commercial and market forces;
and

(e) Efficiency is encouraged.

3.1.2. The Technical Committee shall from time to time as necessary and appropriate,
and whenever the PEM Board directs:

(a) Monitor technical matters relating to the operation of the spot market.

(b) Provide a report to the PEM Board on any matter of a technical nature
relating to any WESM Member which, in the reasonable opinion of the
Technical Committee, causes:

i. That WESM Member to be unable to comply with the WESM Rules;
or

ii. Unintended or distortionary effects to the operation of the WESM.

Provided further that, the concerned WESM Member shall be immediately
notified in writing with regard to the result/s of said report.

(c) Assist the PEM Board by providing expertise in relation to:
i. Metering technology and metering data;
ii. Information technology; and

iii. Any other matter of a technical nature relating to the spot market.

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Effective Date: --

(d) From time to time if the Technical Committee in its discretion deems
necessary or appropriate, propose amendments to the WESM Rules in
relation to technical matters, in accordance with Chapter 8 of the WESM
Rules to:

i. improve the efficiency and the effectiveness of the operation of the
spot market; and

ii. Improve or enhance the prospects for the achievement of the
WESM objectives.

(e) Assist the Rules Change Committee in relation to its assessment of
Proposals of a technical nature to amend the WESM Rules under Chapter
8.

3.1.3. Upon request, provide the PEM Board with recommendations on matters referred
to the committee;

(a) Assist the PEM Board, PEM Committees and PEMC with any request for
technical review or study deemed to be under the expertise of the Technical
Committee;

(b) Assist the PEM Audit Committee in the conduct of Audits in matters needing
its technical expertise; and

(c) Assist a WESM Member with any technical-related request in accordance
with Section 4 of this Manual.

3.2. SELECTION AND APPOINTMENT

3.3.

The selection and appointment of the Technical Committee members shall be in
accordance with the Guidelines Governing the Constitution of the PEM Board Committees.

REPORTS

3.3.1. The Technical Committee shall prepare an Annual Report to be submitted to the
PEM Board not later than three (3) months from the end of the calendar year. The
report shall cover the accomplishments and pending issues and activities of the
Technical Committee for the stated period. It shall also include the work pian of the
Technical Committee for the succeeding calendar year.

3.3.2. As necessary and appropriate or whenever the PEM Board directs, the Technical

Committee shall submit a report to the PEM Board in relation to its responsibilities
specified under Section 3.1 of this Manual.

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Effective Date: --

3.4. PUBLICATION

4.1.

4.2.

3.4.1.

3.4.2.

The Technical Committee shall publish its annual report and work pian in the
market information website within the first quarter of the following year.

Subject to the provisions under Section 6 of the Technical Committee Market
Manual, the Technical Committee shall publish its technical reports in the market
information website. The WESM Helpdesk shall inform WESM Members once the
technical report is published in said website.

Reports that require approval or confirmation by the PEM Board shall be published
only upon approval of the PEM Board.

SECTION 4 REVIEW OF TECHNICAL MATTERS

COVERAGE AND SCOPE

The Technical Committee shall conduct technical reviews and studies in relation to:

(a)
(b) -
(c)
(d)
(e)

(f)

(9)

Power plant technical parameters:
Transmission technical parameters;
Metering technology and metering data;
information technology;

Matters of technical nature that led to non-compliance of any WESM Participant,
and/or distortionary effects to the WESM operation;

Improvements and new trends in technology relating to the WESM that may
enhance efficiency and effectiveness of the operation of the spot market and the
prospects for the achievement of the WESM objectives; and

Any other matter of a technical nature relating to the spot market.

NATURE OF REVIEW OR STUDY

In accordance with Section 4.1 of this Manual, the Technical Committee shall address the
requests for technical review or study which may be in the nature of any of the following:

(a)

Rules or Manual Review;

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(b)
(c)
(d)

Effective Date: --
Incidents or Case Study;
Position Paper; or

Other nature of requests that the requesting party specifies.

4.3. PROCEDURES

4.3.1.

4.3.2.

4.3.3.

4.3.4.

4.3.5.

4.3.6.

The Technical Committee shall conduct technical reviews and studies as
requested by the PEM Board, DOE and ERC.

Any request for technical review or study from PEM Committees, PEMC or a
WESM Member shall be submitted to the Technical Committee, addressed
through the Market Assessment Group, using the prescribed Request Form
(Annex A).

Upon receipt, the Market Assessment Group shall acknowledge receipt of the
request for review or study, within five (5) working days.

The request shall be included in the agenda in the next Technical Committee
meeting during which the Technical Committee shall decide whether or not to
accept the request, pursuant to Section 4.1 Coverage and Scope as defined in
this Manual, and the timeline for the review or study, as applicable, during the
meeting.

Within fifteen (15) working days from the meeting when the request was
discussed, the Technical Committee shall advise the requesting party in writing,
of its action on the request, together with information on the estimated length of
time the Technical Committee will take to complete the requested review or
study, in case the study falls within the Coverage and Scope as defined in Section
4.1 of this Manual for Technical Committee Studies.

If the Technical Committee does not communicate its action in writing within said
time, then the Technical Committee is deemed to have accepted the request
provided it is within the Coverage and Scope as defined in Section 4.1 of this
Manual.

In instances when the review or study cannot be finished within the estimated
time, the Technical Committee shall advise the requesting party, in writing, prior
to the original target date, the revised target of completion of the review or study
explaining the reason for the revised target date.

In the course of the conduct of its review or study, the Technical Committee may
coordinate with other parties, if deemed necessary. All meetings or requests for
information related to the review or study shall be coursed through the Market
Assessment Group.

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5.1.

5.2.

6.1.

6.2.

6.3.

Effective Date: --

4.3.7. The completed technical review or study shall be transmitted to the requesting

party within two (2) weeks after its completion for its information and necessary
actions. A copy of the technical review or study shall be transmitted to the PEM
Board for its information and proper action.

SECTION 5 ACCESS TO INFORMATION AND DATA MANAGEMENT

To perform its functions and achieve its objectives, the Technical Committee shall have
the authority to request and access any relevant data, information, report or document
that a WESM Member, Market Operator and System Operator may have in its
possession.

A request for information by the Technical Committee shall:

(a) Be in writing;

(b) Indicate the reason of the request;

(c) Specify the document or information requested and, when applicable the
format;

(d) Specify reasonable time within which the information must be provided; and

(e) Provide other relevant information or clarification to ensure that the recipient
understands the request.

SECTION 6 CONFIDENTIALITY AND DISCLOSURE OF INFORMATION

The disclosure of information by the Technical Committee shall be guided by the
applicable provisions under the WESM Rules and relevant Market Manuals.

The Technical Committee shall disclose true and compiete information. If any
information disclosed is found to be false, incomplete, or misleading, the Technical
Committee must immediately take steps to correct it.

The Technical Committee may disclose information in certain circumstances:

(a) information that is not confidential may be disclosed such as information that
is generally and publicly available;

(b) Confidential information on the basis of a formal undertaking by the recipient
that the information will not be disclosed to another person and that the

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6.4

6.5

tA

7.2.

Effective Date: --

information will only be used for the purpose for which it was provided in the
following circumstances:

i. To an external professional adviser, auditor or other consultant of the
Technical Committee for the purpose of carrying out its functions;

ii. If it is necessary in order to fulfill the lawful requirements of or is in
connection with, legal proceedings, arbitration, expert determination or
other dispute resolution mechanisms relating the WESM Rules;

(c) Confidential information on the basis that:

i. It has written consent of the person or entity who provided the
information and from the person or persons about whom that
information relates; and

ii. It is required to the extent required to protect the safety of personnel or
equipment.

lf deemed necessary, the Technical Committee may come up with a public version of
its reports to ensure that confidential reports or information are not disclosed.

lf a WESM Member, the System Operator, or the Market Operator marks or claims that
a document or information requested is confidential then:

(a) The party shall provide the Technical Committee with the reasons that justify
such confidentiality treatment; and

(b) The Technical Committee will review the confidentiality claim and if the claim is
valid, the requirements for protection of such document or information, shall be
taken as may be necessary to ensure the confidentiality and commercial value.

SECTION 7 LIMITATION OF LIABILITY AND INDEMNIFICATION

In performing its functions and responsibilities as contained in this Manual, a Technical
Committee member shall not be personally liable for any loss or damage suffered or
incurred by a WESM Member, the System Operator, the Market Operator or any other
person as a consequence of any act or omission of those persons in the performance
of their functions unless the Technical Committee member, as the case may be, acted
with malice, manifest partiality, bad faith, gross incompetence or gross negligence.

Except for liability arising out of conduct involving malice, manifest partiality, bad faith,
gross incompetence or gross negligence, if the Technical Committee member is made
liable to pay any amount for loss or damage suffered or incurred by any person
or entity as a consequence of any of its acts or omissions in the performance of its

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Effective Date: --

duties, the PEMC shall indemnify said persons through an indemnification process to
be developed by the PEM Board. Said indemnification shall cover:

(a) The full amount adjudged; and

(b) The costs and expenses incurred by the Technical Committee member, as
applicable, in defending itself in the related proceeding(s).

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Philippine Electricity
Sy Market Corporation
TC-RSTR FORM A SS

REQUEST FOR TECHNICAL STUDY/ REVIEW

Requests made only under this prescribed form shall be accepted and considered as
submitted.

This request for technical study or review can be submitted to:

TECHNICAL COMMITTEE

Thru: Market Assessment Group
Philippine Electricity Market Corporation
18/F Robinsons Equitable Tower

ADB Avenue, Ortigas Center

Pasig City, 1605 Philippines

Email addresses: mag@wesm.ph

Fax Number: (+632) 395-2704

I. Requesting Party

Designation

Signature |

Company RE Te —

Company |
, Address

_ Telephone TT
| Number
| Fax. No.

7a
| Email address

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Il. Request Information

| Nature of Request (please indicate with x)
ORule/ Manual Review
CZ Incidents/Case Study
OD Position Paper
(Others Please
Specify:
Details of the Request: Please provide the purpose, scope and details of the
study/review. Attach supporting documents if any. Use additional sheets if necessary.

Urgent Request: CYes CINo

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fp) Wholesale Electricity
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Date Received by MAG:
7 Philippine Electricity
9 Market Corporation

For MAG use only

TC-RSTR FORM B TC-RSTR-YYYY-XX

| Date of Endorsement to the TC:
Actions Taken By TC:

J

TC Resolutions:

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