=== dc2018-01-0001-pages-1.ppm === Republic of the Philippines DEPARTMENT OF ENERGY (Kagawaran ng Enerhiya) DEPARTMENT CIRCULAR NO. _DC 20/$-0!- 000! (v ADOPTION OF ENERGY RESILIENCY IN THE PLANNING AND PROGRAMMING OF THE ENERGY SECTOR TO MITIGATE POTENTIAL IMPACTS OF DISASTERS WHEREAS, Republic Act (R.A.) No. 7638 or the Department of Energy Act of 1992 declares the policy of the State to ensure a continuous, adequate, and economic supply of energy with the end in view of ultimately achieving self-reliance in the country’s energy requirements. WHEREAS, Section 37 of the R.A. No. 9136 or the “Electric Power Industry Reform Act of 2001” (EPIRA), mandates the Department of Energy (DOE), in addition to its powers and functions under R.A. No. 7638, to supervise the restructuring of the electricity sector, and undertake the formulation of policies for planning and implementation of a comprehensive program for the efficient supply and economical use of energy. This is consistent with the approved national economic plan and with the policies on environmental protection and conservation and maintenance of ecological balance, and provides a mechanism for the integration, rationalization, and coordination of the various energy programs of the Government. WHEREAS, R.A. No. 8479 or the Downstream Oil Industry Deregulation Act of 1998 declares the policy of the State to liberalize and deregulate the downstream oil industry in order to ensure a truly competitive market under a regime of fair prices, adequate and continuous supply of environmentally-clean and high-quality petroleum products. WHEREAS, the R.A. No. 10121 or the Philippine Disaster Risk Reduction and Management Act of 2010, declares among others, as the policy of the State, to institutionalize the policies, structures, coordination, mechanisms and programs with continuing budget appropriation on disaster risk reduction from national down to local levels towards building a disaster-resilient nation and communities. WHEREAS, the country is vitally dependent on the supply of energy and any sustained failure in the eneray system would have drastic consequences and impact on the country’s economy and to people’s daily life. WHEREAS, the Philippines is one of the most vulnerable countries to natural and human-induced hazards. WHEREAS, among the primordial effects of disasters is the disruption in the delivery of energy to end-users due to damaged facilities, causing serious hazard to public health and safety, huge economic and financial losses, and interruption of vital public Energy Center, Rizal Drive cor. 34th Street. Bonifacio Global City, Taguig City, Philippines 1632 , Tel. No. (Trunkline) (632) 479-2900, Website: http://www.doe.gov.ph: E-mail: info@doe.gov.ph Py / === dc2018-01-0001-pages-2.ppm === services. While there are efforts to address disasters at various levels, most of the resources are redirected to emergency response. In establishing concrete and sustained mechanism, it is necessary that planning and investment be required to ensure that the nation’s energy infrastructure can continue to deliver high performance while anticipating and reducing vulnerabilities to adverse conditions and disruptive events. WHEREAS, ensuring resilient energy infrastructure — the ability to restore and sustain availability and accessibility of energy in the most timely and efficient manner, in the aftermath of natural and man-made disasters — is now more pronounced and there is a need to institutionalize the development, promotion and implementation of a Resiliency Compliance Plan (RCP) to strengthen the capacity, safety culture and disaster preparedness and response capability of the energy sector. NOW, THEREFORE, premises considered, the DOE hereby promulgates the adoption of a resiliency program in the planning, project implementation and operations of the energy supply sector. SECTION 1: SCOPE AND APPLICATION The policy shall apply to all energy industry participants in the energy resource, renewable energy, power, oil and energy utilization sectors. SECTION 2: GENERAL POLICIES AND PRINCIPLES. Adoption of resiliency planning and program in the energy industry shall: (a) Strengthen existing infrastructure facilities to adapt to and withstand adverse conditions and disruptive events; (b) Incorporate mitigation improvements into the reconstruction and rehabilitation of infrastructure damaged in accordance to the Build Back Better principle; (c) Improve operational and maintenance standards and practices to ensure expeditious restoration of energy supply in the aftermath of disruptive events; and (d) Develop resiliency standards for future construction of energy facilities to ensure minimal damage and adoption of measures in place for timely recovery and restoration of facilities for the continued delivery of supply. SECTION 3: DEFINITION OF TERMS (a) “Adaptation” — the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities. === dc2018-01-0001-pages-3.ppm === (b) (c) (d) (e) (f) (9) (h) (i) “Build Back Better’ — the use of the recovery, rehabilitation and reconstruction phases after a disaster to increase the resilience of nations and communities through integrating disaster risk reduction measures into the restoration of physical infrastructure and societal systems, and into the revitalization of livelihoods, economies and the environment. “Disaster” — a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources. Disasters are often described as a result of the combination of: the exposure to a hazard; the conditions of vulnerability that are present, and insufficient capacity or measures to reduce or cope with the potential negative consequences. Disaster impacts may include loss of life, injury, disease and other negative effects on human, physical, mental and social well-being, together with damage to property, destruction of assets, loss of services, social and economic disruption and environmental degradation. “Hazard” — A process, phenomenon or human activity that may cause loss of life, injury or other health impacts, property damage, social and economic disruption or environmental degradation. “Mitigation” — structural and non-structural measures undertaken to limit the adverse impact of natural hazards, environmental degradation, and technological hazards and to ensure the ability of at-risk communities to address vuinerabilities aimed at minimizing the impact of disasters. Such measures include, but are not limited to, hazard-resistant construction and engineering works, the formulation and implementation of plans, programs, projects and activities, awareness raising, knowledge management, policies on land-use and resource management, as well as the enforcement of comprehensive land-use planning, building and safety standards, and legislation. “Recovery” — refers to the restoration and improvement where appropriate, of facilities, livelihood and living conditions of disaster-affected communities, including efforts to reduce disaster risk factors, in accordance with the principles of "Build Back Better” “Resiliency” — the ability of a system, community or society exposed to hazards to resist, absorb, accommodate and recover from the effects of a hazard in a timely and efficient manner, including through the preservation and restoration of its essential basic structures and functions. “Response” — refers to the provision of emergency services and public assistance during or immediately after a disaster in order to save lives, reduce health impacts, ensure public safety and meet the basic subsistence needs of the people affected. “Structural and non-structural measures” - Structural measures are any physical construction to reduce or avoid possible impacts of hazards, or / Pi === dc2018-01-0001-pages-4.ppm === () (k) the application of engineering techniques or technology to achieve hazard resistance and resilience in structures or systems. Non-structural measures are measures not involving physical construction which use knowledge, practice or agreement to reduce disaster risks and impacts, in particular through policies and laws, public awareness raising, training and education. “Stockpiling” — refers to the disaster mitigation process of identification and procuring essential inventory items beforehand. “Systems” — refer to administrative directives, organizations, operational skills and capacities, policies, guidelines, plans to implement strategies and improved coping capacities to lessen the adverse impacts of hazards. SECTION 4: RESILIENCY COMPLIANCE PLAN (RCP) 4.1 4.2 4.3 4.4. The Resiliency Compliance Plan (RCP), in general, shall at a minimum, contain adaptation measures, which include both structural and non- structural measures options, to gauge infrastructure and human resource preparedness during and in the aftermath of disruptive events. The RCP shall be divided into, but not limited to, the following categories: (a) Systems; (b) Stockpiling; (c) Response and recovery; and (d) Strengthening Infrastructure. Pursuant to their respective mandates and functions under the energy laws, rules, and issuances, all energy industry participants are hereby enjoined to provide full cooperation, prepare and implement their respective RCPs, consistent with the category set in Section 6, and to comply such that the objectives set out in this Circular are attained. The DOE in coordination with all the energy industry participants shall prepare the consolidated Energy Resiliency Plan for the Energy Sector. Any resiliency programs identified in the RCP shall form part of the planning criteria and will form part of the Philippine Energy Plan to include, among others, the National Renewable Energy Plan (NREP), Power Development Plan (PDP), Transmission Development Plan (TDP), Distribution Development Plans (DDP), Missionary Electrification Development Plan (MEDP), and Energy Efficiency Development Plan (EEDP) of all energy industry participants. === dc2018-01-0001-pages-5.ppm === SECTION 5: COMPLIANCE, MONITORING, ENFORCEMENT AND POST- EVALUATION 5.1 5.2 5.3 Within a period of six months upon effectivity of this Circular, all energy industry participants shall submit to the DOE their respective RCPs. In the case of Electric Cooperatives (ECs), respective RCPs shall be submitted through National Electrification Administration (NEA), for review and consolidation. The RCP shall be regularly reviewed every three (3) years, or earlier, if deemed necessary. After conducting the review, energy industry participants shall submit their revised RCP, if deemed necessary. For this purpose, and for inclusion in the budgetary requirement of implementation activities, the attached template in Annex A shall be accomplished and submitted to the DOE. Thereafter, the submission shall be made on an annual basis. Upon the submission of the RCPs, a post-evaluation shall be conducted to ensure its effectiveness and preparedness in implementing additional measures based on actual experiences and lessons learned. SECTION 6: FUNDING SOURCES FOR THE IMPLEMENTATION OF RESILIENCY COMPLIANCE PLAN (RCP) 6.1 6.2 6.3 6.4 6.5 6.6 Private companies are encouraged to allocate funds for the implementation of the RCPs. Government agencies shall allocate funds in their annual plans and budget for their facilities and other Disaster Risk Reduction and Management (DRRM) measures stipulated in the RCPs. Government-Owned or Controlled Corporations shall allocate funds in their annual budget proposal subject to the existing guidelines of the Department of Budget and Management. National Disaster Risk Reduction and Management Fund to finance disaster risk reduction or mitigation, prevention and preparation of activities in line with the menu of projects of National Disaster Risk Reduction and Management Council (NDRRMC). Peoples’ Survival Fund to finance adaptation programs in line with the objectives enumerated in Climate Change Action Plans of local goverment units and communities and shall be implemented in partnership with the Local Goverment Units and/or Local/community organization as the lead institution to access the fund. Small Power Utilities Group shall source capital expense for rehabilitation and facilities for new areas of development based on the approved MEDP from its share from the Universal Charge and/or other sources as it may be obtained pursuant to Rule 13, Section 4 of Rules and Regulations to implement Republic Act No. 9136. === dc2018-01-0001-pages-6.ppm === 6.7 6.8 ECs may source development programs and/or capital expenditure through disaster risk with the assistance of the NEA and Energy Regulatory Commission (ERC). To ensure immediate actions during disasters and emergencies, the ECs may request assistance from NEA. SECTION 7: TASK FORCE ON ENERGY RESILIENCY a 7.2 7.3 in accordance with Section 2 hereof, the Task Force on Energy Resiliency (the fask force) is hereby created to oversee the implementation of this Circular and being empowered with coordination, integration, supervision, monitoring and evaluation functions related to Energy Resiliency. The Task Force shall be headed by the Secretary of the Department of Energy or his designated Undersecretary as the Chairperson. The members of the Task Force shall be composed of the following: (a) National Electrification Administration (NEA); (b) National Grid Corporation of the Philippines (NGCP); (c) National Power Corporation (NPC); (d) National Transmission Corporation (T ransCo); (e) Philippine National Oil Company (PNOC); and (f) Power Sector Assets & Liabilities Management Corp. (PSALM); The Task Force may invite other agencies and government instrumentalities or affected stakeholders from the agency sectors, as may be deemed necessary, to attain the objectives of this Circular. The Task Force shall have the following functions: (a) Ensure that government agencies and private institutions are prepared for the development and adoption of their respective resiliency programs, (b) Create inter-agency technical working group as may be necessary to fulfil its mandate; and (c) Perform such other functions as may be necessary and incidental to attain the objectives of this Circular. The Task Force shall be supported by Energy Policy and Planning Bureau of the Department of Energy, with the following functions: Kk === dc2018-01-0001-pages-7.ppm === (a) Provide necessary administrative and technical support to the Task Force; (b) Monitor the status of the implementation of the RCP; (c) Prepare reports, such as progress reports and accomplishment reports for submission to the Chairperson, and (d) Perform other tasks and_ functions delegated by the Chairperson. SECTION 8: REGULATORY SUPPORT 8.1 8.2 8.3 The DOE shall, within one (1) year from effectivity of this Circular, coordinate with other concerned government agencies and industry participants, for the issuance of appropriate guidelines for the implementation of this Circular. The DOE shall make further coordination for the development of relevant resiliency standards for inclusion in their respective operating manuals, related issuances, rules and regulations. The concemed bureaus of DOE shall ensure the adoption of the RCP based on their respective mandates and subject to their established standards, rules and regulations. For this purpose, each of the concerned Bureaus shall develop their own guidelines, specific to the energy sector they cater to, to monitor and ensure compliance with the provisions of this Circular. in the case of regulated entities, such as distribution utilities, the recovery of capital and operational expenses is subject to the approval of the ERC. SECTION 9: REPEALING CLAUSE. Nothing in this Circular shall be construed as to amend, supersede, or repeal any of the mechanism or institutions already existing or responsibilities already imposed and provided for under any existing law, rule, or contract. SECTION 10: SEPARABILITY CLAUSE. if for any reason, any section or provision of this Circular is declared unconstitutional or invalid, the other parts or provisions hereof that are not affected thereby shall continue to be in full force and effect. SECTION 11: EFFECTIVITY. This Circular shall take effect immediately upon its publication in at least two (2) newspapers of general circulation and shall remain in effect until otherwise revoked. === dc2018-01-0001-pages-8.ppm === Signed this day of 2018 at DOE, Energy Center, Rizal Drive, Bonifacio Global City, Taguig City, Metro Manila. | FO SOG: CU | retary , Republic of the Philippinas DEPARTMENT OF ENERGY 1 REPLYING PLS. CITE: DOE-AGC-18006457 10000 JAN 17 2018 === dc2018-01-0001-pages-9.ppm === Annex A: Resiliency Compliance Plan Template a Yearly Disbursement Project | Project Project | Project Project Categories Start | Completion | Project | OG, 2020 Description | Benefit | nate | Date Cost 2017 | 2018 | 2019 | and Beyond Systems Persons Facilities Standard Operating Procedures (SOPs) Product /Content | Stockpiling > VV V Inventory Response and Recovery >» Pre > During > Post Strengthening Infrastructure Others ~*P- Proposed, OL- On-Going, PL-Pipeline, C-Completed