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e

‘| ) DEPARTMENT OF ENERGY

*
Song Republic of the Philippines
ee

(Kagawaran ng Enerhiya)

DEPARTMENT CIRCULAR NO. _DC<0<Z¢- O6- 00/8

REVISED OMNIBUS GUIDELINES GOVERNING THE AWARD AND
ADMINISTRATION OF RENEWABLE ENERGY CONTRACTS AND THE
REGISTRATION OF RENEWABLE ENERGY DEVELOPERS

WHEREAS, pursuant to Section 2, Article XII of the 1987 Philippine Constitution, all
forces of potential energy and other natural resources within the Philippine territory
belong to the State and their exploration, development and utilization shall be under
the full control and supervision of the State;

WHEREAS, solar, hydropower, wind, ocean and tidal energy resources are energy
sources for the country;

WHEREAS, under Section 2 of Republic Act (RA) No. 7638, as amended, otherwise
». known as the “Department of Energy Act of 1992”, the Department of Energy (DOE)
is mandated to prepare, integrate, coordinate, supervise and control all plans,
programs, projects and activities of the Government relative to energy exploration,
development, utilization, distribution and conservation, among others;

WHEREAS, Section 5(b) of the same Act empowers the DOE to develop and update
the existing Philippine energy program which shail provide for an integrated and
comprehensive exploration, development, utilization, distribution and conservation of
energy resources, with preferential bias for environment-friendly, indigenous, and low-
cost sources of energy, and which program shall include a policy direction towards the
privatization of government agencies related to energy, deregulation of the power and
energy industry and reduction of dependency on oil-fired plants;

WHEREAS, Section 2 of RA 9136, otherwise known as the “Electric Power Industry
Reform Act of 2001” or “EPIRA”, declares that it is the policy of the State to, among
others, (i) ensure and accelerate the total electrification of the country; (ii) enhance the
inflow of private capital and broaden the ownership base of the power generation,
transmission and distribution sectors; (iii) assure socially and environmentally
compatible energy sources and infrastructure; and (iv) promote the utilization of
indigenous and new and renewable energy (RE) resources in power generation in
order to reduce dependence on imported energy;

WHEREAS, Joint Administrative Order (JAO) No. 2008-1, Series of 2008, otherwise
known as the “Guidelines Governing the Biofuel Feedstocks Production, and Biofuels
and Biofuel Blends Production, Distribution and Sale”, provides for the accreditation
of biofuel producers, among others, under RA 9367, otherwise known as the “Biofuels
Act of 2006”:

WHEREAS, Section 2 of RA 9513, otherwise known as the “Renewable Energy Act
of 2008" or “RE Act”, directs the State to encourage and accelerate the exploration,
development and utilization of RE resources such as, but not limited to, biomass, solar,
wind, hydropower, geothermal, and ocean energy sources, and including hybrid
systems;

Energy Center, Rizal Drive cor. 34th Street, Bonifacio Global City, Taguig City, Philippines 1632
“) Tel. No. (Trunkline) (632) 8479-2900
Website: http://www.doe.gov.ph; E-mail: infocenter@doe.gov.ph

BAGONG PILIPINAS
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WHEREAS, Section 19(c), Rule 6 of Department Circular (DC) No. DC2009-05-0008
which prescribes the Implementing Rules and Regulations (IRR) of the RE Act,
requires the DOE to issue a regulatory framework containing the guidelines that shall
govern the transparent and competitive system of awarding RE Service/Operating
Contracts from Pre-Development to Development into Commercial Operations Stage,
or the awarding of direct operating contracts to specific RE technologies, among
others;

WHEREAS, under Section 2 of RA 11032, otherwise known as the “Ease of Doing
Business and Efficient Government Service Delivery Act of 2018”, it is the duty of the
State to, among others, promote integrity, accountability, proper management of public
affairs and public property, aimed at efficient turnaround of the delivery of government
services and the prevention of graft and corruption in government;

WHEREAS, in Section 2 of RA 11234, otherwise known as the “Energy Virtual One-
Stop Shop Act’ or “EVOSS Act”, the State is likewise commanded to, among others,
ensure transparency and accountability in the process of approving power generation,
transmission, or distribution projects, and deliver efficient and effective service to the
public;

WHEREAS, on 01 August 2019, the DOE issued DC No. DC2019-08-0012 which aims
to introduce Energy Storage System (ESS) technologies to serve a variety of functions
in the generation, transmission, and distribution of electric energy;

WHEREAS, after DC No. DC2009-07-0011 took effect, the DOE implemented
enhancements in the award and administration of RE Contracts and the registration
of RE Developers, as follows:

(a) DC No. DC2009-07-0011 dated 12 July 2009;

(b) Department Order (DO) No. DO2013-08-0011 dated 20 July 2013;
(c) DO No. DO2013-10-0018 dated 09 October 2013;

(d) DONo. DO2013-12-0020 dated 02 December 2013;
(e) DONo. DO2013-12-0023 dated 27 December 2013;
(f) DO No. DO2014-06-0010 dated 09 June 2014;

(g) DONo. DO2014-10-0018 dated 14 October 2014;

(h) DO No. DO2016-09-0011 dated 05 September 2016;
(i) DO No. DO2016-06-0010 dated 24 June 2016;

(j) DO No. DO2017-04-0005 dated 07 April 2017; .

(k) DO No. DO2018-03-0003 dated 16 March 2018;

(I) DO No. DO2019-01-0003 dated 11 January 2019; and
(m) DO No. DO2019-07-0018 dated 30 July 2019;

WHEREAS, on 01 October 2019, the DOE promulgated DC No. DC2019-10-0013,
otherwise known as the “Omnibus Guidelines Governing the Award and Administration
of Renewable Energy Contracts and the Registration of Renewable Energy
Developers”;

WHEREAS, further enhancements in the award and administration of RE Contracts
and the registration of RE Developers were subsequently issued, as follows:
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(a) DC No. DC2022-11-0034 dated 15 November 2022:
(b) Advisory No. 1 dated 15 March 2023;

(c) Advisory No. 2 dated 15 March 2023; and

(d) Advisory No. 3 dated 29 April 2023;

WHEREAS, with the huge influx of received Letters of Intent and RE Contract
applications to develop solar and wind energy potential in the country and to provide
efficient service to RE Developers, the DOE issued on 19 July 2023 DO No. DO2023-
07-0020 which operationalized the strengthening of the Solar and Wind Energy
Management Division (SWEMD) through the interim creation of sub-groups, namely:
Solar Energy Management Group (SEMG) and Wind Energy Management Group
(WEMG);

WHEREAS, there is a need to integrate the above issuances and the DOE’s recent
policies for an effective and efficient award and administration of RE Contracts and
registration of RE Developers;

NOW, THEREFORE, in consideration of the foregoing premises, the DOE hereby
issues the following revised guidelines and procedures governing the award of RE
Contracts, and the registration and management of RE Projects:

CHAPTER | - GENERAL PROVISIONS
1. Title. This Circular shall be known as the “Revised Omnibus Guidelines Governing
the Award and Administration of Renewable Energy Contracts and the Registration of
Renewable Energy Developers” (Revised Omnibus RE Guidelines).
2. Coverage. This Circular shall prescribe the guidelines and procedures on:
2.1. The pre-application, application, and award of RE Contracts:
2.2. The conversion of existing service contracts to RE Contracts for the
exploration, development or utilization of RE resources with the DOE,
subject to Section 39, Rule 13 of the IRR of the RE Act;

2.3. The issuance by the DOE of Certificates of Registration (COR) for RE
Developers of projects with or without RE Contracts; and

2.4. The administration of RE Contracts.

3. Definition of Terms. As used in this Circular and in other DOE issuances, the
following terms shall be understood to mean:

3.1. “Biomass Energy Operating Contract’ or “BEOC” refers to the RE
Contract issued for the development and operation of RE Projects
utilizing biomass as RE Resource.

3.2. “Blocking System” refers to the subdivision of the Philippines, for
purposes of RE Applications for wind, geothermal and ocean resources,
into RE meridional blocks (RE blocks) of thirty (30) seconds of latitude
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3.3.

3.4.

3.5.

3.6.

3.7.

3.8.

3.9.

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and thirty (30) seconds of longitude using the Philippine Reference
System of 1992 (PRS’92) as the standard reference system. One (1) RE
block shall have an approximate area of eighty-one (81) hectares. Each
block shall have a unique number designated by the DOE.

“Certificate of Authority’ or “COA” refers to the certificate duly signed by
the DOE Secretary exclusively authorizing an RE Developer to procure
the necessary permits and tenurial instruments for the exploration,
development, construction and installation, and commercial operation of
the RE Project and conduct reconnaissance and other activities needed
for pre-feasibility studies, as applicable, within the area specified in the
certificate. The COA grants an RE Developer the privilege to procure the
aforesaid permits and tenurial instruments outside of the contract term.

“Certificate of Confirmation of Commerciality’ or “COCOC’ refers to the
certificate duly signed by the DOE Secretary confirming the Declaration
of Commerciality (DOC) by the RE Developer and shall serve as a notice
to proceed with the construction of the RE Project or the installation of
the RE facilities. The date of issuance of the COCOC shall be considered
as the commencement date of the Development Stage of the RE Project.

“Certificate of Registration” or “COR” refers to the certificate issued by
the DOE that serves as the proof that an RE Developer has registered
with the DOE.

“Commercial Operations” refers to the phase commencing at the
operation of the RE Project, following its successful testing and
commissioning, and confirming its readiness to inject power into the grid
to sell or supply its produced energy, as duly confirmed by the Energy
Regulatory Commission (ERC).

“Commercial Quantities” refers to quantities of energy to be produced
from the RE Resources using commercially available technology to
develop the RE systems which have a reasonable chance of being
sufficient and technically compliant to support the Commercial
Operations of the RE Project.

“Contract Area” refers to the total area, which is the subject of the RE
Contract as detailed and outlined in the map with its technical
description, and where the RE Developer has the exclusive right to
explore, develop and utilize the RE Resources: Provided, That for
BEOC/WTEOC as defined below, the Contract Area refers to the project
site.

“Contract Year’ refers to a period of twelve (12) consecutive calendar
months counted from the Effective Date of the RE Contract and
thereafter, from the anniversary of such Effective Date.
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3.10.

3.11.

3.12.

3.13.

3.14.

3.15.

3.16.

3.17.

3.18.

3.19.

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“Declaration of Commerciality’ or “DOC” refers to a written declaration
made by the RE Developer to the DOE, stating that the RE Resource is
of Commercial Quantities.

“Direct Application” refers to the mode of RE Application whereby the RE
Applicant identifies a Contract Area it wishes to explore and develop.
The identified Contract Area must first be certified by the DOE to be free
and open for exploration or development.

“Financial Closing” refers to such milestone when the RE Developer has
secured a written commitment from the financier/s to provide its full
funding requirements through equity and/or commercial borrowings, or
other financing schemes for the RE Project to transition from the Pre-
Development to Development Stage, in the case RE Service Contracts,
or to transition from Development to Commercial Stage, in the case of
RE Operating Contracts.

“Force Majeure” refers to extraordinary events not foreseeable or
avoidable, events that could not be foreseen, or which, though foreseen,
are inevitable.

“Geothermal Service Contract’ or “GSC” refers to the RE Contract
issued for the exploration, development and/or utilization of geothermal
resources as RE Resource for the operation of RE Projects.

“Hydropower Service Contract” or “HSC” refers to the RE Contract for
the exploration, development and/or utilization of hydropower resources
as RE Resource for the operation of RE Projects.

“Letter of Intent or “LOI” refers to the written notice or document
submitted by a Person to the DOE, indicating interest in the exploration,
development, utilization and commercialization of RE Resource.

“Ocean Energy Service Contract’ or “OESC” refers to the RE Contract
for the exploration, development and/or utilization of ocean resources for
the operation of RE Projects.

“Offshore Wind Energy Service Contract’ or “OSWESC’ refers to the RE
Contract issued and awarded by the DOE for the exploration,
development and/or utilization of wind energy in offshore areas, which
include estuaries and other bodies of water. This includes WESCs
awarded for offshore wind development prior to the issuance of
Executive Order No. 21, s. 2023, and its Implementing Guidelines.

“Onshore Wind Energy Service Contract’ or “OnWESC’ refers to the RE
Contract issued and awarded by the DOE for the exploration,
development and/or utilization of wind energy as RE Resource in
onshore areas.
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3.20.

3.21.

3.22.

3.23.

3.24.

3.25.

3.26.

3.27.

3.28.

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“Pre-Determined Area” or “PDA” refers to area/s with RE Resource
potential through sufficient available technical data as may be
determined by the Renewable Energy Management Bureau (REMB) and
approved by the DOE Secretary for its inclusion in the Open and
Competitive Selection Process (OCSP).

“Person” refers to a natural or juridical person, as the case may be.

“Production Area’ refers to that portion of the Contract Area identified in
metes and bounds by the RE Developer and approved by the DOE,
where RE Resources are utilized to produce electricity in Commercial
Quantities.

“RE Applicant’ refers to any Person, subject to the limitations provided
in this Circular, who applies for the assessment, exploration, harnessing,
development, utilization and commercialization of RE Resources.

“RE Application’ refers to the set of documents submitted by an RE
Applicant pertaining to its legal, technical and financial qualifications to
enter into an RE Contract with the government, through OCSP or Direct
Application, in accordance with the requirements under this Circular.

“RE Contract’ refers to the service agreement between the Government,
through the DOE, and an RE Developer over an appropriate period as
determined by the DOE which grants to the RE Developer the exclusive
right to explore, develop, or utilize the RE Resource within a particular
area. The RE Contract may be in the nature of a financial or technical
assistance agreement which shall be entered into by the Government,
through the President of the Philippines, pursuant to Article XII, Section
2 of the Philippine Constitution.

“RE Developer’ refers to an individual or juridical entity created,
registered and/or authorized to operate in the Philippines in accordance
with existing Philippine laws, and engaged in the exploration,
development and/or utilization of RE Resources, and actual operation of
RE Project. It shall include existing entities engaged in the exploration,
development and/or utilization of RE Resources, or the generation of
electricity from RE Resources, or both.

“RE Operating Contract’ refers to the service agreement between the
DOE and an RE Developer for the development and/or utilization of
biomass, solar, wind and other RE Resources as may be determined by
the DOE which, due to their inherent technical characteristics, need not
go through Pre-Development Stage.

“RE Project’ refers to the power generation and related facilities utilizing
RE Resources under a particular RE Contract or COR issued by the
DOE pursuant to the RE Act.
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3.29.

3.30.

3.31.

3.32.

3.33.

3.34.

3.35,

3.36.

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“RE Project for Non-Commercial Operations” refers to an RE Project
which is intended for demonstration purposes of any new or modified RE
technologies, and those that are covered by Official Development
Assistance (ODA), and all other programs and projects which are not
designed and operated for profit.

“RE Project for Own-Use” refers to an RE Project located within the
premises of or in an area contiguous to an End-User’s premises and
operated solely for the supply of a portion or all of the electricity
requirements of such End-User. For this purpose, an “End-User” shall
refer to any person or entity requiring the supply and delivery of
electricity generated by the RE Project dedicated for its own
consumption, which facility is installed either by the End-User or through
a third-party provider.

“RE Resource” refers to energy resources that do not have an upper limit
on the total quantity to be used. Such resources are renewable on a
regular basis, and whose renewal rate is relatively rapid to consider
availability over an indefinite period of time. These include, but are not
limited to, biomass, solar, wind, geothermal, ocean energy, and
hydropower, conforming with internationally accepted norms and
standards on dams, and other emerging RE technologies.

“RE Service Contract’ refers to a service agreement between the
Philippine Government, through the President or the DOE Secretary,
and the RE Developer, covering an appropriate period as stated therein,
in which the RE Developer shall have the exclusive right to explore,
develop and utilize geothermal, hydropower, wind, ocean and other RE
Resources within a particular area.

“Renewable Energy Management Bureau” or “REMB’” refers to the unit
of the DOE created under Section 32 of the RE Act, mandated to, among
others, implement policies, plans, and programs aimed at accelerating
the development, transformation, utilization, and commercialization of
RE Resources and technologies.

“Solar Energy Operating Contract’ or “SEOC’ refers to the RE Contract
issued for the development and operation of RE Projects utilizing solar
energy as RE Resource.

“Waste-to-Energy Operating Contract’ or “WTEOC” refers to the RE
Contract issued for the development and operation of RE Projects
utilizing Waste-to-Energy Resources.

“Waste-to-Energy Resources’ refers to municipal and industrial wastes
that do not have an upper limit on the total quantity to be used and are
renewable on a regular basis, and whose renewal rate is relatively rapid
to consider availability over an indefinite period of time.
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“Work Program’ refers to the plans and programs and other related
activities formulated for the performance of the work obligations under
the RE Contract by the RE Developer, along with the corresponding
budgetary estimate, duly approved by the DOE.

CHAPTER II - COMPLIANCE WITH THE EVOSS TIMELINE

4. The processes set forth in this Circular shall be completed within the DOE’s
timeframe as provided in the EVOSS Act and its IRR.

4.1.

4.2.

The EVOSS System shall be open for submission of documents by RE
Applicants at all times. However, documents shail be considered
Officially filed as of the date of submission only when such documents
are uploaded during the following timeframe:

(a) 8:00 am to 5:00 pm from Monday to Thursday; or

(b) 8:00 am to 12:00 noon on a Friday or a working day preceding a
holiday.

Submissions received beyond the designated schedule, on a Saturday
or Sunday or a holiday, or during official work suspensions affecting the
DOE shall be considered filed as of the next working day.
Notwithstanding the foregoing, the processing of pending applications
and delivery of other services shall continue throughout the
workweek.The period given to the DOE and the RE Developer to
complete tasks within a process, such as but not limited to the following,
shall be deemed outside of the EVOSS timeframe:
4.2.1. For the DOE:

4.2.1.1. Checking of completeness of documents;

4.2.1.2. Validation of applicable fees;

4.2.1.3. Validation of pre-signed RE Contract; and

4.2.1.4. Validation of notarized RE Contract.
4.2.2. For the RE Developer:

4.2.2.1. Payment of application and processing fees;

4.2.2.2. Rectification of submissions;

4.2.2.3. Pre-signing of RE Contract;

4.2.2.4. Notarization of RE Contract; and
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4.2.2.5. Payment of signing fee.

4.3. In case the deadline for each activity falls on a non-working day (i.e.,
Saturday or Sunday), legal holiday, special non-working holiday, or other
non-working days duly declared by the President, Governor, Mayor or
other Government Official authorized to make such declaration, the
deadline shall be the next working day.

CHAPTER Iil - BIOMASS AND WASTE-TO-ENERGY RESOURCES

5. Biomass Projects. Biomass projects shall refer to energy systems which use
biomass resources to produce heat, steam, mechanical power, electricity, or fuel
through either thermochemical, biochemical or physico-chemical processes, or
through such other technologies which shall comply with prescribed environmental
standards pursuant to applicable laws and regulations.

6. Waste-to-Energy Projects. Waste-to-Energy projects shall refer to energy
systems with a process of converting non-recyclable waste materials into usable heat,
electricity, or fuel through processes such as anaerobic digestion, direct combustion,
and gasification, among others, subject to the provisions and intent of RA 8749 or the
“Clean Air Act of 1999” and RA 9003 or the “Ecological Solid Waste Management Act
of 2000”.

7. Eligibility of Biomass Energy or Waste-to-Energy Operating Contract
Applicant. Any Person may apply for BEOC or WTEOC, subject to the provisions in
this Chapter.

7.1... The BEOC/WTEOC Applicant may be a Filipino and/or a foreign citizen,
or a Filipino- and/or foreign-owned corporation or association which is
authorized by its articles or deed of incorporation to engage in the
development and utilization of biomass/waste-to-energy resources:
Provided, That in case the BEOC/AWTEOC Applicant is a joint venture or
a consortium, the partners of the joint venture or members of the
consortium shall organize themselves as a corporation under RA 11232,
otherwise known as the “Revised Corporation Code of the Philippines”
(Revised Corporation Code), or secure the appropriate license from the
Securities and Exchange Commission (SEC), in case the joint venture
or consortium was incorporated outside of the Philippines.

7.2. An Applicant which applies for a BEOC/WTEOC that involves activities
reserved to Filipino citizens or corporations or associations at least sixty
percent (60%) of whose capital is owned by Filipinos shall comply with
the nationality requirements under applicable laws, including
Commonwealth Act No. 108 or the “Anti-Dummy Law” on the
appointment of officers of the corporation.

8. Modes of Awarding Biomass Energy or Waste-to-Energy Operating Contract.
BEOC/WTEOC shall be awarded through Direct Application.
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8.2.

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Direct Application shall be available for the selection and award of
BEOC/WTEOC in an area available for development and/or utilization of
biomass/waste-to-energy resources.

Biomass/Waste-to-Energy Projects for Own-Use and/or for Non-
Commercial Purposes shall not require the issuance of BEOC/WTEOC
but shall comply with the registration requirements provided under
Chapter XI.

9. Procedure for Awarding Biomass Energy or Waste-to-Energy Operating
Contract under Direct Application.

9.1.

Coverage. Direct Application shall be observed in processing
BEOC/WTEOC Applications for biomass/waste-to-energy resources.

Part 1. Pre-Application Process

9.2.

9.3.

9.4.

Registration in the EVOSS System. If the interested participant has no
EVOSS System account yet, it shall submit a request for registration in
the EVOSS System with the Biomass Energy Management Division
(BEMD). The list of requirements necessary for registration is detailed in
Annex “J”.

Submission of Letter of Intent (LOI). All interested participants shall
submit through the EVOSS System an LOI to develop a certain area
(Annex “K”), in accordance with the mapping requirements (Annex “N’).
The LOI shall be addressed to the REMB Director and shall indicate
whether the interested participant will avail of the Certificate of Authority
(COA) referred to in Sections 10 and 11.1 of this Circular. If the
interested participant opts to avail of the COA, its LOI! shall include a list
of all permits and activities to be procured/conducted during the validity
of the COA: Provided, That the list must cover the minimum set of
permits and activities mentioned in Annex A.1 or Annex B.1, as
applicable. The submission of the LOI shall not be considered as a filing
of a BEOC/WTEOC Application and shall not commence the application
process.

Pre-Application Orientation of Interested Participant. The orientation
is intended to inform interested participants about the BEOC/AWTEOC
pre-application and mapping requirements and processes.

Any interested participant may request for an orientation by signifying
such intent in its LOI; otherwise, it shall be presumed that the interested
participant is aware of the BEOC/WTEOC pre-application and mapping
requirements and processes.

Part 2. Area Verification and Technical Guidelines

9.5.

Configuration of Area of Interest (AOI). The interested participant
shall comply with the mapping requirements under Annex “N”. ITMS
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shall check the completeness of the mapping requirements within three
(3) working days.

Area Verification. Within eighteen (18) calendar days from receipt of
the LOI with complete documents, the ITMS shall complete the area
verification and determine whether the AOI is:

9.6.1.

9.6.2.

9.6.3.

9.6.4.

9.6.5.

9.6.6.

Covered by a BEOC/WTEOC, BEOCMWTEOC pending
application, or other energy resource assessment activities as
submitted by the concerned DOE unit and verified by ITMS;

Within or overlaps with the area of an existing energy service or
operating contract such as Petroleum Service Contract (PSC),
Coal Operating Contract (COC), Small-Scale Coal Mining Permit
(SSCMP) or Renewable Energy Service Contract (RESC), other
than BEOC/WTEOC;

Within or overlaps with the area of an existing energy service or
operating contract application such as PSC, COC, SSCMP or
RESC, other than BEOC/WTEOC Application;

Within the protected and environmentally critical areas under RA
11038, or the “Expanded National Integrated Protected Areas
System Act of 2018” (ENIPAS), i.e., within or outside the strict
protection zones, ancestral domains with Certificate of Ancestral
Domain Title or Claim, areas with tenurial instruments from other
government agencies, areas prohibited, reserved, or used for
national defense, navigation, irrigation, and other development
projects, zones identified under the Marine Spatial Planning
(MSP) of the DOE, safety and exclusion zones under
Proclamation No. 72, Series of 2001 titled, “Establishing Safety
and Exclusion Zones for Offshore Natural Gas Wells, Flowlines,
Platform, Pipelines, Loading Buoy and Other Related Facilities for
the Malampaya Deep Water Gas-to-Power Project over Certain
Waters and Submerged Lands Adjacent to Batangas, Mindoro
and Palawan”, and other areas covered by significant geospatial
data that will be identified as necessary in the evaluation of the
BEOC/WTEOC Application based on available data on file with
ITMS and the Philippine Geoportal Project website of the National
Mapping Resource Information Authority (NAMRIA).

Pursuant to the mandate of the DOE to supervise and control all
government activities relative to energy project under the EPIRA,
concerned government agencies and entities shall provide the
DOE the list of abovementioned areas with technical description;
Covered by the COA of other energy resource;

Covered by the COA of the same energy resource: and/or
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9.6.7. Subject to Section 9.9.4, open for BEOC/WTEOC Applications:
9.6.7.1.Covered by AO! of the same/other energy resource; or
9.6.7.2.Not covered by AOI of the same/other energy resource.

Area Verification Results. ITMS shall provide BEMD with the results of
area verification through the EVOSS System. Within five (5) calendar
days upon receipt of the verification results, BEMD, through the REMB
Assistant Director, shall endorse the final verification results and upload
the letter containing the results of area verification in the EVOSS
System.

The REMB Assistant Director shall issue a Notice to Apply if the AO! falls
under Section 9.6.7. If the AOI falls under Sections 9.6.1 to 9.6.5, the
BEOC/WTEOC Applicant shall be issued a Notice to Apply only after
complying with the succeeding paragraph.

If the BEOC/WTEOC Application cannot proceed based on the final
verification results, the interested participant may either (a) reconfigure
the AOI; (b) file a request to allow the development of multiple resources
in the area; or (c) comply with Section 9.7.3, as applicable.

9.7.1. Reconfigured Area of Interest. Within ten (10) calendar days
from uploading of the final technical verification results or from
receipt of notice that multiple resource development in the
overlapping area is not feasible under Section 9.7.2, the
interested participant and BEMD may conduct an assessment if
the AOI may be reconfigured without material adverse effect on
the feasibility of the proposed Biomass/Waste-to-Energy project.
The interested participant may reconfigure its AOI to cover only
such portion as may allow the BEOC/WTEOC Application to
proceed. After confirmation by ITMS that no portion of the
reconfigured AOI falls under Sections 9.6.1 or 9.6.6 (for same
energy resource), and Sections 9.6.2, 9.6.3, 9.6.5 (for other
energy resource), or Section 9.7.3.1 (for strict protection zones,
exclusion and no-build zones), or if authority and consent is
granted under Section 9.7.3.5, if applicable, BEMD shall upload
in the EVOSS System a Notice to Apply to the interested
participant for the filing of the BEOC/WTEOC Application.

9.7.2. Multiple Resources in an Area. If the AOI of the interested
participant overlaps with the area of an existing energy service or
operating contract or an application therefor, or of the COA of
another RE Developer not affiliated to the interested participant
as provided under Sections 9.6.2, 9.6.3 and 9.6.5, the interested
participant may still pursue the BEOC/WTEOC Application,
subject to the following provisions:

9.7.2.1. The interested participant shall:
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9.7.2.2.

9.7.2.3.

9.7.2.4.

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9.7.2.1.1. Explain in writing why the proposed
biomass/waste-to-energy project will not be
feasible without the overlapping area, with
justification on the technical viability of the
project; and

9.7.2.1.2. Submit a notarized acknowledgment and
undertaking that the interested participant
recognizes and shall continue to recognize
the prior rights of the existing applicants
and/or developers of other energy resources
within the overlapping area; that the design of
the proposed biomass/waste-to-energy
project will ensure safe and _ optimal
development of biomass/waste-to-energy
and other energy resources in the
overlapping area; and that all costs needed
therefor shall be borne by the interested
participant.

BEMD shall inform the existing applicant or energy
contractor/developer of the intent to develop the
biomass/waste-to-energy resources within the
overlapping area. Copies of the interested participant's
LOI, the written explanation, and their supporting
documents shall be furnished to the existing applicant
or contractor/developer.

If no objection is received from the existing applicant or
energy contractor/developer within ten (10) working
days from receipt of notice, BEMD shall upload in the
EVOSS System a Notice to Apply to the interested
participant for the filing of the BEOC/WTEOC
Application.

If the existing applicant or energy contractor/developer
objects to the proposal, the said applicant or energy
contractor/developer shall notify BEMD thereof and
provide a copy to the interested participant within ten
(10) calendar days from receipt of notice, citing the
impracticability of multiple resource development as to
additional costs, safety, substantial decrease in the
utilization of the energy resource, and other relevant
factors. Copies of the written objection shall be
furnished to the DOE Division processing the
application or administering the energy project. A
statement that multiple resource development in the
overlapping area is impracticable without technical
basis shall not be considered as an objection.
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9.7.3.

9.7.2.5.

9.7.2.6.

9.7.2.7.

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Within five (5) calendar days from receipt of an
objection, BEMD and the concerned DOE Division
shall jointly determine whether the development of
biomass/waste-to-energy resources’ within the
overlapping area may be conducted without material
adverse effect on the activities of the existing energy
contractor/developer. Such determination — shall
consider the interested participant's proposal, the
objection and the technical bases cited therein. The
evaluation shall be endorsed to the REMB Director.

Upon receipt of the endorsement, the REMB Director
may, if he/she concurs that the biomass/waste-to-
energy project will not cause material injury, issue a
recommendation to the DOE Secretary based on the
feasibility of multiple resource development in the
overlapping area, taking into account the most
beneficial use of the resources.

The DOE Secretary shall decide whether to allow
multiple resource development in the overlapping area.
If the DOE Secretary allows the same, the REMB
Assistant Director shail issue a Notice to Apply to the
interested participant.

Other Areas. If the AOI of the interested participant overlaps with
the area as provided under Section 9.6.4, the interested
participant may still pursue the BEOC/WTEOC Application if there
is no material adverse effect on the feasibility of the proposed
biomass/waste-to-energy project after applying the provisions

below:

9.7.3.1.

9.7.3.2.

9.7.3.3.

If the AOI overlaps with areas within strict protection
zones under the ENIPAS and exclusion and no build
zones under the MSP of DOE, the interested participant
shail submit a revised AOI net of the said areas.

If the AOI overlaps with areas outside strict protection
zones under the ENIPAS, the REMB Assistant Director
shall issue a Notice to Apply for the said AOI: Provided,
That the Contract Area may be reduced subject to the
ENIPAS and its IRR.

If the AOI overlaps with ancestral domains with
Certificate of Ancestral Domain Title or Claim, the REMB
Assistant Director shall issue a Notice to Apply for the
said AOI: Provided, That the Contract Area may be
reduced subject to RA 8371 or “The indigenous Peoples’
Right Act of 1997” (IPRA) and its IRR.
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9.7.3.4. If the AO! overlaps with areas with tenurial instruments
from other government agencies, the REMB Assistant
Director shall issue a Notice to Apply for the said AOI:
Provided, That the Contract Area may be reduced
subject to the relevant rules and regulations of the
concerned government agency.

9.7.3.5. If the AOI overlaps with areas prohibited, reserved, or
used for national defense, navigation, irrigation, and
other development projects, and other areas, the REMB
Assistant Director shall issue a Notice to Apply for the
said AOI: Provided, That the Contract Area may be
reduced subject to the relevant rules and regulations of
the concerned government agency.

9.7.3.6. If the AOI is within the safety and exclusion zones for
offshore natural gas wells, flowlines, platform, pipelines,
loading buoy and other related facilities for the
Mailampaya Deep Water Gas-To-Power Project over
certain waters and submerged lands adjacent to
Batangas, Mindoro and Palawan, the _ interested
participant shall secure a prior authorization from the
DOE and the Department of National Defense (DND),
and prior consent from the Service Contractor of Service
Contract (SC) No. 38 pursuant to Section 1 of
Proclamation No. 72, Series of 2001.

Part 3. Filing and Evaluation of Biomass Energy or Waste-to-Energy Operating
Contract Applications

9.8.

9.9.

Orientation of BEOC/WTEOC Applicant. The orientation is intended to
inform BEOC/WTEOC Applicant about the BEOC/WTEOC application
requirements, and to guide them through the process for evaluation
thereof, awarding of BEOC/WTEOC and the registration of a
biomass/waste-to-energy project.

The Notice to Apply uploaded in the EVOSS System shall include the
schedule of the mandatory orientation for BEOC/AWTEOC Applicants,
facilitated by representatives from the Legal Services (LS), BEMD, and
Financial Services (FS). The BEOC/WTEOC Applicant shall ensure the
attendance of legal, technical, and financial staff during the orientation.

Receipt of Biomass Energy or Waste-to-Energy Operating Contract
Applications. After the scheduled orientation, the interested participant
may file its BEOC/WTEOC Application by complying with the following
procedures and requirements:
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9.10.

9.9.1.

9.9.3.

9.9.5.

9.9.6.

9.9.7.

Page 16 of 148

The BEOC/WTEOC Applicant shall submit through the EVOSS
System the complete set of documentary requirements based on
the Checklist of Requirements (Annex “M”).

. BEMD shall check the completeness and consistency of the

submission and ITMS shall validate the area applied for the
biomass/waste-to-energy project within three (3) working days.

If the submission is complete and the AOI is still free for
development, BEMD shall upload a copy of the order of payment
for the application and processing fees. The EVOSS System shall
notify the BEOC/WTEOC Applicant through a system-generated
email to pay the application and processing fees within three (3)
working days. Failure to do so will result in the abandonment of
the application. Within one (1) working day from uploading, DOE
shail validate the proof of payment.

. The AOL is not reserved for the BEOC/WTEOC Applicant until the

complete application documents and proof of payment of
application and processing fees are submitted.

The EVOSS System shall notify LS, FS and ITMS of the complete
submission.

In case the AO! is no longer free for development, the
BEOC/WTEOC Applicant shall be notified through the EVOSS
System and the Application shall be denied accordingly.

To ensure the orderly processing of BEOC/WTEOC Applications,
the EVOSS System shall be modified such that ITMS must input
its confirmation therein that the AOI is available before a
BEOC/WTEOC Applicant can upload the documentary
requirements. Pending such modification, BEMD shall revalidate
with ITMS whether the AOI is open for application before issuing
the order for the payment of application and processing fees
mentioned in Section 9.9.3.

Proof of Access to Proposed Area of Interest. As part of the
application requirements, the BEOC/WTEOC Applicant shall submit
proof of ownership or possessory rights over real properties covered by
the AOI.

9.10.1. Acceptable Proof of Possessory Rights over Public Lands.

The BEOC/WTEOC Applicant may submit the following
documents as proof of possessory rights over public lands:

9.10.1.1.Permits and clearances issued in favor of the
BEOC/WTEOC Applicant by a government agency or
instrumentality that has jurisdiction over the AOI
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Page 17 of 148

authorizing the use of such AO! for the Biomass/Waste-
to-Energy Project; or

9.10.1.2.Any other permits issued by the relevant government

9.10.2.

agency or instrumentality, including Notice of Award.

Acceptable Proof of Ownership or Possessory Rights over
Private Lands. In the order of precedence hereunder, any of
the following documents may be submitted by the
BEOC/WTEOC Applicant as proof of ownership or possessory
rights over private lands:

9.10.2.1. Certificates of title to the real properties in the name of

the BEOC/WTEOC Applicant; or

9.10.2.2.Contracts, deeds, agreements and the like that

9.10.3.

9.10.4.

unconditionally grant the BEOCAWTEOC Applicant
ownership or right to possess the real properties for
purposes of construction, installation, maintenance and
operation of the biomass or waste-to-energy project
thereon; or

9.10.2.3.Contracts, deeds, agreements, and the like that

unconditionally grant the BEOC/WTEOC Applicant an
exclusive option to acquire the ownership or the right to
possess the real properties: Provided, That the right to
construct, install, maintain and operate the biomass or
waste-to-energy project thereon is vested unto the
BEOC/WTEOC Applicant.

Conflicting Claims over Private Lands. If there are
conflicting claims over the AOl, the conflict shall be resolved
in favor of the Applicant whose proof of ownership or
possessory right has the highest precedence based on the
order of precedence set out in Section 9.10.2.

Affidavit of Acquired Possessory Rights over Private
Lands. If, at the time the BEOC/WTEOC Application is filed,
the acceptable proof of ownership or possessory rights under
Section 9.10.2 are not available and the AOI is not subject of
a conflicting claim, the BEOC/WTEOC Applicant shall submit
an Affidavit of Acquired Possessory Rights executed strictly in
accordance with the template provided in Annex “N-1” hereof
and a copy of the Board Resolution authorizing the affiant to
execute the instrument on behalf of the BEOCAWVTEOC
Applicant.

The BEOC/WTEOC Applicant shall submit the acceptable proof
of ownership or possessory rights and supporting documents
mentioned in Sections 9.10.2 and 9.10.5 not later than thirty (30)
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Page 18 of 148

calendar days after the issuance of the COA or, if the
BEOC/WTEOC Applicant did not avail of the COA, after the

execution of the BEOC/WTEOC. Failure of the BEOC/WTEOC
Applicant to submit such documents within the prescribed period

shall render the COA or BEOC/WTEOC, whichever is applicable,

void ab initio.

9.10.5.

Supporting Documents. In addition to the acceptable proof
of ownership or possessory rights under Section 9.10.2, the
BEOC/WTEOC Applicant shall also submit all documents
needed to establish the authenticity and due execution of the
contracts, deeds, agreements, etc. mentioned in Sections
9.10.2.2 and 9.10.2.3, namely:

9.10.5.1.Board Resolution or Secretary’s Certificate of the

BEOC/WTEOC Applicant and: (i) if the registered owner
of the real property is a corporation, Board Resolution or
Secretary's Certificate issued by such corporation; or (ii)
if the registered owner is acting through a
representative, a Special Power of Attorney in favor of
the registered owner’s representative, each authorizing
the parties to enter into the contracts, deeds,
agreements, and the like;

9.10.5.2.Proof of identity of the registered owner and the

signatories to the contracts, deeds, agreements, and the
like; and

9.10.5.3. Three (3) specimen signature of the said signatories:

Provided, however, That in cases where the right to
dispose of the real property has transferred wholly or
partly to persons other than the registered owner either
by succession or voluntary conveyance, the
judicial/extrajudicial settlement of the estate of the
deceased owner or of his/her spouse, or the deed of
conveyance, as the case may be, with the proof of
authority and proof of identity abovementioned, shall be
submitted by the BEOC/WTEOC Applicant.

The documents above shall be covered by a scanned
copy of the sworn statement of the BEOCAVTEOC
Applicant’s authorized representative containing the
details of the document/s constituting the proof of
ownership or possessory rights, as follows:

(a) The denomination of the contracts, deeds,
agreements, etc., the date/s of execution and the
term thereof, with inclusive dates;
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9.10.6.

(b)

(c)

(d)

(e)

(f)

Page 19 of 148

The names and addresses of the parties to the
contracts, deeds, agreements, etc., indicating
their relation, e.g., seller and buyer, lessor and
lessee, and the like;

The specific section/clause in the contract, deed,
agreement, etc. by which the ownership or
possession of the real property is conveyed, with
the said provision quoted in full;

An affirmation that the conveyance is effective, or
a summary of the limitations, conditions and other
terms that must be complied with before the
conveyance becomes effective;

The date of notarization of the above documents;
and

A read-only Excel file attached to the sworn
statement where the details below are presented:

(i) The BEOC/WTEOC Applicant has the
authority to acquire ownership/possession
and that its counterparty in the contracts,
deeds, agreements, etc. has the right
and/or authority to dispose of the same in
favor the BEOC/WTEOC Applicant; and

(ii) | The contract, deed, agreement, etc. was
executed by persons identified as having
the right to dispose of the ownership or
possession of the real properties subject
thereof.

Contracts, deeds, agreements, etc., powers of attorney, or
any other document mentioned above that are executed
outside the Philippines must be submitted with the
corresponding apostille or notarized, as the case may be.

. Evaluation of Biomass Energy or Waste-to-Energy Operating

Contract Applications.

9.11.1.

9.11.2.

After the payment of the processing fee, BEMD, LS, and FS
shall conduct the simultaneous technical, legal, and financial
evaluations within five (5) calendar days from uploading of the
proof of payment of application and processing fees in the
EVOSS System.

Evaluation of Proof of Possessory Rights. As part of the
legal evaluation under Section 9.11.1, LS shall:
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9.11.2.1.

9.11.2.2.

9.11.2.3.

Page 20 of 148

Evaluate the certificates of title submitted by the
BEOC/WTEOC Applicant;

In the evaluation of the contracts, deeds, agreements
etc. mentioned in Sections 9.10.2.2 and 9.10.2.3, only
consider the BEOCAWTEOC Applicant's sworn
statement and Excel file attached thereto; or

Evaluate the Affidavit of Acquired Possessory Rights
mentioned in Section 9.10.4.

DOE reserves the right to evaluate the BEOC/WTEOC
Applicant's proof of ownership or possessory rights
and supporting documents.

9.11.3. BEMD shall consolidate all the evaluation results and proceed
with the processing:

9.11.3.1.

9.11.3.2.

If the BEOCMWTEOC Application passes the
evaluations, BEMD shall, within two (2) calendar days
from its receipt of the evaluation documents, prepare
REMB’s memorandum for the DOE Secretary
endorsing the award of the BEOC/WTEOC Application;
the draft COA, as applicable; and the draft
BEOC/WTEOC. The endorsement must include the
original copy of the results of area verification and the
legal, technical and financial evaluations with all their
attachments, and the project area map and its technical
descriptions. Upon concurrence of ITMS, FS, REMB
and LS on the endorsement, the DOE Secretary shall
act on the BEOC/WTEOC Application in accordance
with Section 11.

If the BEOC/WTEOC Application does not pass the
legal, technical, and/or financial evaluations, BEMD
shall notify the BEOC/WTEOC Applicant through the
EVOSS System to rectify the submission within ten
(10) working days. BEMD = shall check the
completeness of the submission within three (3)
working days. Such period for rectification and
checking of completeness of the rectification
documents shall be deemed outside of the EVOSS
timeframe.

9.11.3.2.1. Failure of the BEOC/AWTEOC Applicant to
submit supplementary documents within
the prescribed period shall be deemed an
abandonment of the BEOC/WTEOC
Application. BEMD shall notify the