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BEOC/WTEOC Applicant, LS, FS, and
ITMS of the disqualification through the
EVOSS System.

9.11.3.2.2. If the BEOCAWTEOC Applicant submits

9.11.3.2.3.

9.11.3.2.4.

supplementary documents within the
prescribed period above and BEMD
determines that the submission is
incomplete, the BEOC/WTEOC Applicant
shall have the remainder of the
rectification period, if any, to submit the
lacking documents. Upon receipt of the
said documents, reevaluation — shall
proceed in accordance with the next
succeeding subparagraph.

BEMD, LS and FS shall be notified by the
EVOSS System of the submission.
BEMD, FS and LS shall finish the
simultaneous technical, legal, and
financial evaluations within three (3)
calendar days.

Should the BEOC/WTEOC Application
still fail to pass any of the subsequent
legal, technical, or financial evaluations,
the REMB Assistant Director shall
recommend the disqualification of the
BEOC/WTEOC Application to the
Supervising Assistant Secretary who
shall then issue a formal notice to the
BEOC/WTEOC Applicant stating the
basis of the disqualification. BEMD shall
notify the BEOC/WTEOC Applicant, LS
and FS, and ITMS of the disqualification
through the EVOSS System. After five (5)
calendar days from receipt of the
BEOC/WTEOC Applicant of the letter of
disqualification, the REMB shall prepare
a memorandum to the ITMS to
immediately re-open the area for RE
Applications by posting such information
on the DOE website and_ send
notifications to concerned interested
participants or RE Applicants through
electronic mail pending the necessary
modifications to the EVOSS System.

9.11.4. The BEOC/WTEOC Applicant shall submit all supplemental
documents through the EVOSS System. Documents submitted
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9.12.

9.13.

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outside the EVOSS System and those submitted through the
EVOSS System but beyond the prescribed period shall not be
accepted or evaluated. Further, the BEOCAWTEOC Applicant
shall have a one-time opportunity to address the deficiencies
found after the completeness check mentioned in Section
9.11.3.2, which shall be made within the ten (10) working day
period. The remaining days, if there are any, shall be forfeited.
Therefore, the BEOC/WTEOC Applicant must ensure that all
its documents are final and complete before submitting the
same through the EVOSS System.

9.11.5. No Request for Reconsideration (RR) of any of the legal,
technical, financial evaluation or the disqualification shall be
entertained, except when the BEOC/WTEOC Applicant failed
to submit the required documents within the prescribed
timelines due to a fault in the EVOSS System, as confirmed by
the Investment Promotion Office (IPO). In such circumstances,
the BEOC/WTEOC Applicant shall file the RR with REMB
within three (3) working days from uploading of the Notice of
Disqualification.

9.11.5.1. Upon receipt of the RR, BEMD shall request the IPO to
confirm the occurrence of the technical problem. If so
confirmed and the same prevented the timely
submission, BEMD, FS and/or LS shall evaluate the
BEOC/WTEOC Application considering the additional
submission.

9.11.5.2. If the BEOCAWVTEOC Application passes the
evaluation, REMB shall grant the RR. Thereafter,
BEMD shall proceed in accordance with Section
9.11.3.1.

If the Biomass/Waste-to-Energy Developer waived the COA during the
pre-application process, BEMD shall proceed with the application in
accordance with Section 11.2.

Re-application for BEOC/WTEOC. After ITMS re-opens the area for
RE Applications pursuant to Section 9.11.3.2.4, the BEOC/WTEOC
Applicant may re-apply for the same AOI by complying with Section
9.9.1.

During the checking of the submission for completeness and
consistency under Section 9.9.2 and prior to giving notice of any
deficiency, BEMD shall stamp the Notice to Apply “Revalidated” with the
appropriate date if the area is still open for BEOC/WTEOC Applications.

if another BEOC/WTEOC Applicant is issued a Notice to Apply over the
same AOI or a portion thereof and uploads the documentary
requirements through EVOSS System, the completeness check referred
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to above and the validation of the area with the ITMS shall be on a first-
come, first-serve basis. BEMD shall issue an order of payment for the
application and processing fees to the BEOC/WTEOC Applicant which
first files the complete documentary requirements based on the EVOSS
System logs.

10. Terms of Certificate of Authority. The awardee of a BEOC/WTEOC shall have
exclusive authority to procure permits or certifications and tenurial instruments needed
for the development and utilization of the biomass/waste-to-energy resources within
an area specified in the BEOC/AWTEOC Application and conduct reconnaissance and
other activities needed for pre-feasibility studies upon the issuance of COA by the

DOE.

10.1.

10.3.

10.4.

The COA shall be valid for a period not exceeding three (3) years. During
its validity, the COA shall serve as the DOE’s exclusive endorsement for
the Biomass/Waste-to-Energy Developer to conduct reconnaissance
and other pre-feasibility activities and secure the necessary permits or
certifications and tenurial instruments from government agencies, local
government units (LGUs), entities or instrumentalities having jurisdiction
over any aspect of the biomass/waste-to-energy operations. The
denomination of each permit or certification or tenurial instrument to be
procured as well as the reconnaissance and other activities to be
conducted for the biomass/waste-to-energy project shall be listed in the
COA.

. The COA shall reflect the metes and bounds of the area as proposed in

the BEOC/WTEOC Application over which reconnaissance and other
pre-feasibility activities may be conducted and permits and tenurial
instruments may be secured by the Biomass/Waste-to-Energy
Developer for the project. For this purpose, a copy of the technical
description of the area to be covered by the BEOC/WTEOC shall form
part of the COA.

Within thirty (30) calendar days from the issuance of the COA under
Section 11.1, the Biomass/Waste-to-Energy Developer shall submit a
fixed timeline for the procurement of permits and conduct of activities in
Gantt Chart form, with the minimum work commitment under Annex A.1
or B.1, as applicable.

The above timeline shall not be revised.

Not later than thirty (30) calendar days after the end of each year of the
COA, the Biomass/Waste-to-Energy Developer shall submit an annual
report on the permits, certifications or tenurial instruments procured
and/or reconnaissance and other activities needed for pre-feasibility
studies conducted. The annual report shail follow the format prescribed
in the COA: Provided, That during the last year of COA validity, the
Biomass/Waste-to-Energy Developer shall submit a report covering the
first quarter of such year not later thirty (30) calendar days after the last
day of the period covered: Provided, however, That if the
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10.5.

10.6.

10.7.

10.8.

10.9.

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Biomass/Waste-to-Energy Developer opts to shorten the period of COA
validity and the Biomass/Waste-to-Energy Developer gives notice to
execute the BEOC/WTEOC before the reportorial obligation herein
arises, the report and corresponding evaluation shall be dispensed with.

The DOE shall evaluate the annual accomplishments of the
Biomass/Waste-to-Energy Developer based on the fixed timeline above-
mentioned:

10.5.1. REMB shall conduct an initial evaluation within ten (10)
working days from receipt of the report of the Biomass/Waste-
to-Energy Developer, or from the lapse of the period given
under Section 10.4.

10.5.2. Within ten (10) working days from notice thereof, the
Biomass/Waste-to-Energy Developer may submit additional
documents refuting REMB’s findings and/or rectifying any
deficiency in the annual report or its supporting documents.

10.5.3. In every case, REMB shall complete the evaluation within the
prescribed period: Provided, That the period for rectification
shall not be counted against REMB’s period for evaluation.

After due evaluation, the DOE may recall the COA if the Biomass/Waste-
to-Energy Developer is unable to show, through proper documentation,
reasonable efforts to undertake the activities. If the DOE, through REMB,
finds that the COA should be recalled, it shall give the Biomass/Waste-
to-Energy Developer written notice within fifteen (15) working days that
it has forfeited the benefit of the COA and shall direct the
Biomass/Waste-to-Energy Developer to pre-sign the BEOC/WTEOC in
accordance with Section 11.2.

The decision of the DOE to recall the COA shall be final and non-
appealable.

The validity of the COA shall not be extendible. Any reconnaissance
activity and other pre-feasibility studies that is not conducted and/or
permit, certification, or tenurial instrument that remains unissued upon
the lapse of the COA, despite the due diligence of the Biomass/Waste-
to-Energy Developer, shall be procured and the necessary activities
therefor conducted, as part of the Development Stage.

The Biomass/Waste-to-Energy Developer shall have the option to waive,
shorten or utilize the maximum period of validity of the COA.

10.9.1. If the Biomass/Waste-to-Energy Developer opts to shorten the
period of validity, it shall give written notice to the DOE with a
request to execute the BEOC/WTEOC, a proposed Work
Program and a terminal report on the permits, certifications or
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10.9.3.

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tenurial instruments procured and/or reconnaissance and other
activities needed for pre-feasibility studies conducted.

If the Biomass/Waste-to-Energy Developer opts to utilize the full
term, it shall give written notice to the DOE with a request to
execute the BEOC/WTEOC, a proposed Work Program and the
terminal report mentioned in Section 10.9.1 not earlier than six
(6) months but not later than three (3) months prior to the
expiration of the validity of the COA.

Failure of the Biomass/Waste-to-Energy Developer to give
written notice to the DOE within the period mentioned in the
preceding paragraph shall be deemed an abandonment of the
BEOC/WTEOC Application, following the procedure set forth in
Section 9.11.3.2.4.

10.10. Within three (3) calendar days from notice, BEMD shall prepare REMB’s
memorandum for the DOE Secretary endorsing the execution of the
BEOC/WTEOC in accordance with Section 11.2.

11. Award of Biomass Energy or Waste-to-Energy Operating Contracts and
Registration of Biomass/Waste-to-Energy Developers.

11.1.

11.2.

Issuance of Certificate of Authority. After the approval of a
BEOCIWTEOC Application and before the execution of a
BEOC/WTEOC, the DOE shall issue a COA: Provided, That the COA
may be waived in accordance with Section 10.9.

Signin

g of the Biomass Energy or Waste-to-Energy Operating

Contract. The following procedure shall govern the awarding of
BEOC/WTEOC:

11.2.1.

11.2.2.

Notification of Award. The DOE shall notify the qualified
BEOC/WTEOC Applicant of the award of the BEOC/WTEOC.

Signing of the Biomass Energy or Waste-to-Energy
Operating Contract. The signing of the BEOC/WTEOC shall
be divided into two stages, namely: a) pre-signing by the
BEOC/WTEOC Applicant; and b) signing by the DOE
Secretary.

11.2.2.1. The REMB Supervising Assistant Secretary shall review
the recommendation and endorse the same to the
REMB Supervising Undersecretary through LS within
two (2) calendar days from receipt thereof. LS shall act
on the endorsement within two (2) calendar days from
receipt of the documents. The Undersecretary shall act
on the endorsement within two (2) calendar days from
receipt of the documents. Within one (1) calendar day
from the concurrence of the Undersecretary with the
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11.2.3.

11.2.4.

11.2.5.

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REMB’s recommendation, the REMB Director shall
require the BEOCAWVTEOC Applicant to pre-sign the
original copies of the BEOC/WTEOC following the
prescribed template. The BEOC/WTEOC Applicant is
then required to pre-sign the BEOC/WTEOC within thirty
(30) calendar days upon receipt of the notice. Failure to
comply within this timeframe shall result in the
BEOC/WTEOC application being deemed abandoned.
Notifications will be sent through the EVOSS System at
ten (10)-day intervals within this thirty (30)-day period to
the BEOC/WTEOC Applicant.

11.2.2.2.The BEOC/WTEOC Applicant shall submit the pre-

signed BEOC/WTEOC to BEMD. Within one (1) working
day, BEMD shall check the completeness of the pre-
signed BEOC/AWTEOC, and, if the same is in order,
BEMD shall forward the pre-signed BEOC/WTEOC,
along with the endorsement and all its attachments to
the Office of the DOE Secretary one (1) calendar day
thereafter. Incomplete pre-signed BEOC/WTEOC shall
be returned to the BEOC/WTEOC Applicant for
rectification.

11.2.2.3. The Office of the DOE Secretary shall receive the pre-

signed BEOC/WTEOC and all its attachments, and the
DOE Secretary shall act on the documents within seven
(7) calendar days from receipt thereof.

Payment of Signing Fee. The BEMD, through the EVOSS
System, shall issue the order of payment within one (1)
calendar day.

The BEOC/WTEOC Applicant shall pay the signing fee and
upload the proof of payment thereof within fifteen (15) calendar
days from receipt of the order of payment. Failure of the
Biomass/Waste-to-Energy Developer to do so shall cause the
BEOC/WTEOC to be deemed void.

Posting of Performance Bond. Subject to Section 91, the
BEOC/WTEOC Applicant shall post the performance bond
covering the first Contract Year in accordance with Section 65
within the sixty (60) calendar days from receipt of notice.
Failure of the Biomass/Waste-to-Energy Developer to do so
shall cause the BEOC/AWTEOC to be deemed void.

Delivery of Signed Biomass Energy or Waste-to-Energy
Operating Contract. Within one (1) calendar day from receipt
of the proof of payment of the signing fee within the prescribed
period, BEMD shall, after due validation thereof, upload in the
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EVOSS System the signed and notarized copy of the
BEOC/WTEOC and COR, as applicable.

The Biomass/Waste-to-Energy Developer shall personally
receive the original copies of the BEOC/WTEOC and COR, as
applicable, after submission of the proof of posting of the
performance bond within the prescribed period. Simultaneous
with the receipt of the BEOC/WTEOC, the Biomass/Waste-to-
Energy Developer shall surrender to the DOE the COA issued
pursuant to this Circular.

Duty to Maintain Records. The BEMD shall maintain a record of all
LOls received, pending BEOC/WTEOC Applications, and signed
BEOC/WTEOC in the EVOSS System.

Reopening of the Area of Interest. The ITMS shall make the area
available to other applicants only when: a) the BEOC/WTEOC Applicant
failed to qualify and the period under Section 9.11.3.2 has lapsed; or
b) withdraws or abandons its LOI or BEOC/WTEOC Application, as the
case may be, and only after due notice is given to the concerned
interested participant) BEOC/WTEOC Applicant of such information by
the REMB Supervising Assistant Secretary, copy furnishing the ITMS
with the said notice. Such information shall be posted on the DOE
website and previously denied applicants shall be notified through the
EVOSS System. Once an area is declared to be available, subsequent
RE Applications covering the same may be allowed, and only on a first-
come, first-serve basis.

. Registration of Biomass/Waste-to-Energy Developers. The DOE,

through the REMB, shall issue a COR to a Biomass/Waste-to-Energy
Developer holding a valid BEOC/AWTEOC for purposes of entitlement to
the incentives under the RE Act, subject to Chapter XII of this Circular,
upon receipt of proof of Financial Closing. Notwithstanding the
foregoing, the issuance of a COR may be availed of upon the award of
the BEOC/WTEOC, at the option of the Biomass/Waste-to-Energy
Developer.

In the case of biofuels producers, the accreditation of biofuels producers
shall be governed by the procedures under JAO No. 2008-1, Series of
2008, pursuant to RA 9367. At their option, accredited biofuels producers
may register with the DOE as RE Developers to avail of incentives under
the RE Act and shall be issued with a COR.

12. Terms of Biomass/Waste-to-Energy Operating Contract. The development of
biomass/waste-to-energy resources shall be covered by a BEOC/WTEOC following
the prescribed template (Annexes “A” and “B”, respectively).

12.1.

The Biomass/Waste-to-Energy Developer shall be given a non-
extendible period of three (3) years from the date of execution of the
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12.2.

12.3.

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BEOC/WTEOC to achieve Commercial Operations and shall be called
the Development Stage.

The BEOC/WTEOC shail have a term of twenty-five (25) years from the
date of execution, which shall include the Development/Commercial
Stage but shall exclude the period covered by the COA.

Not earlier than six (6) months but not later than three (3) months prior
to the expiration of the twenty-five (25)-year period, the BEOCAWTEOC
may be renewed for another twenty-five (25) years, subject to the terms
and conditions of the BEOC/WTEOC.

13. Stages of Biomass Energy or Waste-to-Energy Operating Contract. A
BEOC/WTEOC shall cover two (2) stages of the biomass/waste-to-energy project,

namely:

13.1.

Development Stage. It involves the conduct of final feasibility study up
to achievement of Financial Closing, development, construction,
installation, testing and commissioning and until application of Certificate
of Compliance (COC) of the biomass/waste-to-energy project; and

. Commercial Stage. It involves the commercial operation of the

biomass/waste-to-energy project which shall commence from the
issuance of COC by the ERC.

14. Investments.

14.1.

Additional Investments. Additional investment may cover investment
for improvements, modernization, rehabilitation, or expansion duly
registered with the DOE, which may or may not result in increased
capacity, subject to the conditions to be determined by the DOE, such
as, but not limited to, the following:

14.1.1. Identification of and investment in sequential phases/stages of
production, or undertaking scheduled modernization or
rehabilitation; and

14.1.2. Improvements such as reduced production/operational costs,
increased production, improved operational efficiency, and
better reliability of the biomass/waste-to-energy facilities.

If, by reason of the additional investment, the capacity of the
biomass/waste-to-energy project is increased by at least thirty percent
(30%) as validated by REMB, the Biomass/Waste-to-Energy Developer
shall have the option to avail of an additional COR indicating the type of
additional investment. Upon the issuance of the additional COR, the
applicable incentives under the RE Act shall be reset.

In cases where the period to avail of duty-free importation has lapsed
and the additional investment involves the importation of RE machinery,
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equipment and/or materials, the DOE, upon the request of the
Biomass/Waste-to-Energy Developer, may issue an additional COR
indicating the type of additional investment prior to the actual increase
of the capacity based on the following:

14.1.2.1. Full and detailed feasibility study showing that upon installation
of the RE equipment, machinery and/or materials specified
therein, the capacity of the biomass/waste-to-energy project
will be increased by at least thirty percent (30%);

14.1.2.2. Binding agreements for the purchase of RE equipment,
machinery and/or materials with the same _ specifications
mentioned in the feasibility study;

14.1.2.3. Detailed timeline of activities to implement the improvement,
modernization, rehabilitation or expansion; and

14.1.2.4. Subject to Section 91, proof of posting of the performance bond
as provided in Section 65.

CHAPTER IV —- GEOTHERMAL ENERGY RESOURCE

15. Eligibility of Geothermal Service Contract Applicant. Any Person may apply
for a Geothermal Service Contract (GSC), subject to the provisions in this Chapter.

15.1.

The GSC Applicant must be a Filipino citizen or, if a corporation, must
be a Filipino corporation, with at least sixty percent (60%) of its
capitalization duly owned and controlled by Filipinos, duly registered with
the SEC and organized or authorized for the purpose of engaging in
exploration, development and utilization of geothermal resources:
Provided, That in case the GSC 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 the
Revised Corporation Code or secure the appropriate license from the
SEC, in case the joint venture or consortium was incorporated outside
of the Philippines.

. For the large-scale exploration, development and utilization of

geothermal resources, defined under Section 4(s) of the RE Act as a
mineral resource, the Government, through the President, may enter into
agreements with foreign-owned corporations involving technical or
financial assistance pursuant to Article XII, Section 2 of the Philippine
Constitution: Provided, That large-scale exploration, development and
utilization of geothermal resources refers to a project with an initial
investment of at least Fifty Million US Dollars (US$50,000,000.00). The
initial investment shall include capitalization necessary during the Pre-
Development Stage up to drilling of appropriate number of production
wells.
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An Applicant which applies for a GSC 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 the Anti-
Dummy Law on the appointment of officers of the corporation.

16. Modes of Awarding Geothermal Service Contract. GSC shall be awarded
through (a) an OCSP, or (b) Direct Application.

16.1.

16.2.

The OCSP shall be adopted for the selection and award of GSCs for
Pre-Determined Areas (PDAs) covering geothermal resources for
commercial purposes. This shall be governed by Section 17 and such
guidelines as may be issued by the DOE pursuant to Section 18.

Direct Application shall be available for the selection and award of:

16.2.1. GSCs covering PDAs, following a failed OCSP pursuant to the
guidelines issued under Section 18; and

16.2.2. GSC in an area identified by a GSC Applicant and verified with
or confirmed by the ITMS as available for exploration,
development and/or utilization of geothermal resources.

17. Pre-Determined Areas. Interested parties may apply for GSC for PDAs offered
by the DOE during a prescribed period.

17.1.

17.2.

17.3.

Selection of PDAs. The REMB shall identify and submit a list of PDAs
for GSC Application, with the respective location maps and technical
descriptions thereof, to the DOE Secretary, through its Supervising
Assistant Secretary and Undersecretary, for approval.

Launch and Publication. PDAs approved by the DOE Secretary shail
be scheduled for launch and shall be publicly announced by the DOE for
submission of GSC Applications.

Data Packages and Promotional Activities. The REMB shall arrange
for the availability of data packages for the approved PDAs that can be
purchased by interested parties in support of their applications. The
REMB shall conduct promotional activities to promote OCSP and the
corresponding data packages so as to ensure maximum participation
and awareness of prospective investors and stakeholders.

18. Procedure for Awarding Geothermal Service Contract under Open and
Competitive Selection Process. The DOE shall issue specific guidelines for the
conduct of, and award of GSCs under, OCSP.

If an OCSP is declared a failure with respect to any or all PDAs included therein, all
the affected PDAs shall be opened for Direct Application.
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19. Procedure for Awarding Geothermal Service Contract under Direct

Application.

19.1.

Coverage. Direct Application shall be observed in processing GSC
Applications for: (a) geothermal resources located in PDAs which the
DOE shall declare as available under this mode pursuant to the
guidelines issued under Section 18; and (b) geothermal resources in
areas other than those included in the PDAs, subject to the procedures
provided herein.

Part 1. Pre-Application Process

19.2.

19.3.

19.4.

Part 2. Area

19.5.

19.6.

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 Geothermal Energy Management Division
(GEMD). The list of requirements necessary for registration is detailed
in Annex “J”.

Submission of Letter of Intent. 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 COA referred to in Sections 20 and
21.1. 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 C.1.The submission of
the LOI shall not be considered as a filing of an GSC Application and
shall not commence the application process.

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

Verification and Technical Guidelines

Configuration of Area of Interest. The AOI for the GSC Application
shall either be polygonal or in blocks following the Blocking System or a
combination of both. ITMS 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, ITMS shall complete the area
verification and determine whether the AOI is:
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19.7.

19.6.1.

19.6.2.

19.6.3.

19.6.4.

19.6.5.
19.6.6.

19.6.7.

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Covered by an existing PDA under the OCSP, GSC/GOC,
GSC/GOC 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 PSC, COC, SSCMP or RESC, other
than GSC or GOC;

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

Within the protected areas and environmentally critical areas
under the 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 MSP of the DOE, safety and
exclusion zones under Proclamation No. 72, Series of 2001,
entitled “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
GSC Application based on available data on file with ITMS and
the Philippine Geoportal Project website of 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
Subject to Section 19.9.4, open for GSC Applications:

19.6.7.1. Covered by AOI of the same/other energy resource; or

19.6.7.2. Not covered by AOI of the same/other energy resource.

Area Verification Results. [TMS shall provide GEMD with the results
of area verification through the EVOSS System. Within five (5) calendar
days upon receipt of the verification results, GEMD, through the REMB
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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 19.6.7. If the AOI falls under Sections 19.6.2 to 19.6.5, the
GSC Applicant shail be issued a Notice to Apply only after complying
with the succeeding paragraph.

If the GSC 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 19.7.3, as applicable.

19.7.1. Reconfigured Area of Interest. Within ten (10) calendar days
from uploading of the area verification results or from receipt
of notice that multiple resource development in the
overlapping area is not feasible under Section 19.7.2, the
interested participant and GEMD may conduct an assessment
if the AOI may be reconfigured without material adverse effect
on the feasibility of the proposed Geothermal project. The
interested participant may reconfigure its AOI to cover only
such portion as may allow the GSC Application to proceed.
After confirmation by ITMS that no portion of the reconfigured
AOI falls under Sections 19.6.1 or 19.6.6 (for same energy
resource), and Sections 19.6.2, 19.6.3, 19.6.5 (for other
energy resource), or Section 19.7.3.1 (for strict protection
zones, exclusion and no-build zones), or if authority and
consent is granted under Section 19.7.3.6, if applicable,
GEMD shall upload in the EVOSS System a Notice to Apply
to the interested participant for the filing of the GSC
Application.

19.7.2. 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 19.6.2, 19.6.3 and
19.6.5, the interested participant may still pursue the GSC
Application, subject to the following provisions:

19.7.2.1. The interested participant shall:

19.7.2.1.1. Explain in writing why the proposed
geothermal project should include the
overlapping area; and

19.7.2.1.2. Submit a notarized acknowledgment and
undertaking that the interested participant
recognizes and shall continue to recognize
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19.7.2.2.

19.7.2.3.

19.7.2.4,

19.7.2.5.

19.7.2.6.

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the prior rights of the existing applicants
and/or developers of other energy resources
within the overlapping area; and that all costs
needed therefor shall be borne by the
interested participant.

GEMD shall inform the existing applicant or energy
contractor/developer of the intent to develop the
geothermal 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, GEMD shall upload in the
EVOSS System a Notice to Proceed to the interested
participant for the filing of the GSC Application.

If the existing applicant or energy contractor/developer
objects to the proposal, the said applicant or energy
contractor/developer shall notify GEMD 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.

Within five (5) calendar days from receipt of an
objection, GEMD and the concerned DOE Division
shall jointly determine whether exploration of
geothermal 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 concurs that the geothermal project will not
cause material injury, issue a recommendation to the
DOE Secretary based on the feasibility of multiple
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resource development in the overlapping area, taking
into account the most beneficial use of the resources.

19.7.2.7. 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 shall 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 19.6.4, the interested
participant may still pursue the GSC Application if there is no
material adverse effect on the feasibility of the proposed
geothermal project after applying the provisions below:

19.7.3.1. 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 shall submit a revised AO! net of the said
areas;

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

19.7.3.3. If the AOI overlaps with ancestral domains with
Certificate of Ancestral Domain Titie 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 the IPRA and its IRR.

19.7.3.4. If the AOI 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.

19.7.3.5. 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.

19.7.3.6. If the AOI is within the safety and exclusion zones for
offshore natural gas wells, flowlines, platform,
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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, the interested
participant shall secure a prior authorization from the
DOE and the DND, and prior consent from the SC No.
38 Service Contractor pursuant to Section 1 of
Proclamation No. 72, Series of 2001.

Part 3. Filing and Evaluation of Geothermal Service Contract Applications

19.8.

Orientation of GSC Applicant. The orientation is intended to inform
GSC Applicant about the GSC application requirements, and to guide
them through the process for evaluation thereof, awarding of GSC and
the registration of a geothermal project.

The Notice to Apply uploaded in the EVOSS System shall include the
schedule of the mandatory orientation for GSC Applicants, facilitated by
representatives from the LS, GEMD, and FS. The GSC Applicant shall
ensure the attendance of legal, technical, and financial staff during the
orientation.

. Receipt of Geothermal Service Contract Applications. After the

Notice to Apply is uploaded in the EVOSS System, the interested
participant may file its GSC Application by complying with the following
procedures and requirements:

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

19.9.2. GEMD shall check the completeness and consistency of the
submission and !TMS shall validate the area applied for the
geothermal project within three (3) working days.

19.9.3. If the submission is complete and the AOI is still free for
development, GEMD shall upload a copy of the order of
payment for the application and processing fees. The EVOSS
System shall notify the GSC 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 shall validate the proof of payment.

19.9.4. The AOI is not reserved for the GSC Applicant until the
complete application documents and proof of payment of
application and processing fees are submitted.

19.9.5. The EVOSS System shall notify LS, FS and ITMS of the
complete submission.
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19.9.7.

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In case the AOI is no longer free for development, the GSC
Applicant shall be notified through the EVOSS System and the
Application shall be denied accordingly.

To ensure the orderly processing of GSC Applications, the
EVOSS System shall be modified such that ITMS must input its
confirmation therein that the AOI is available before a GSC
Applicant can upload the documentary requirements. Pending
such modification, GEMD 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 19.9.3.

19.10. Evaluation of Geothermal Service Contract Applications.

19.10.1.After the payment of the processing fee, GEMD, 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.

19.10.2.GEMD shall consolidate all the evaluation results and proceed

with the processing of the application, as follows:

19.10.2.1. Ifthe GSC Application passes the evaluations, GEMD
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 GSC Application; the draft COA, as
applicable; and the draft GSC. 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
GSC Application in accordance with Section 21.

19.10.2.2. If the GSC Application does not pass the legal,
technical, and/or financial evaluations, GEMD shall
notify the GSC Applicant through the EVOSS System
to rectify the submission within ten (10) working days.
GEMD shail 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.
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19.10.2.2.1. Failure of the GSC Applicant to submit
supplementary documents within the
prescribed period shall be deemed an
abandonment of the GSC Application.
GEMD shall notify the GSC Applicant,
LS, FS, and ITMS of the disqualification
through the EVOSS System.

19.10.2.2.2. If the GSC Applicant submits
supplementary documents within the
prescribed period above and GEMD
determines that the submission is
incomplete, the GSC Applicant shall
have the remainder of the rectification
period, if any, to submit the lacking
documents. Upon receipt of the said
documents, reevaluation shall proceed
in accordance with the next succeeding
subparagraph.

19.10.2.2.3.GEMD, LS and FS shall be notified by the
EVOSS System of the submission.
GEMD, FS and LS shall finish the
simultaneous technical, legal, and
financial evaluations within three (3)
calendar days.

19.10.2.2.4.Should the GSC Application still fail to
pass any of the subsequent legal,
technical, or financial evaluations, the
REMB __ Assistant Director shall
recommend the disqualification of the
GSC Application to the Supervising
Assistant Secretary who shall then issue
a formal notice to the GSC Applicant
stating the basis of the disqualification.
GEMD shall notify the GSC Applicant,
LS, FS, and ITMS of the disqualification
through the EVOSS System. After five (5)
calendar days from receipt of the GSC
Applicant of the letter of disqualification,
the REMB shall prepare a memorandum
to the ITMS to immediately re-open the
area for RE Applications by posting such
information on the DOE website and send
notifications to concerned interested
participants or RE Applicants through
electronic mail pending the necessary
modifications to the EVOSS System.
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19.11.

19.12.

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19.10.3. The GSC Applicant shail submit all supplemental documents
through the EVOSS System. Documents submitted outside the
EVOSS System and those submitted through the EVOSS
System but beyond the prescribed period shall not be accepted
or evaluated. Further, the GSC Applicant shall have a one-time
opportunity to address the deficiencies found after the
completeness check mentioned in Section 19.10.2.2, which
shall be made within the ten (10) working day period. The
remaining days, if there are any, shall be forfeited. Therefore,
the GSC Applicant must ensure that ail its documents are final
and complete before submitting the same through the EVOSS
System.

19.10.4.No RR of any of the legal, technical, financial evaluation or the
disqualification shall be entertained, except when the GSC
Applicant failed to submit the required documents within the
prescribed timelines due to a fault in the EVOSS System, as
confirmed by the IPO. In such circumstances, the GSC
Applicant shall file the RR with REMB within three (3) working
days from uploading of the Notice of Disqualification.

19.10.4.1. Upon receipt of the RR, GEMD shall request the
IPO to confirm the occurrence of the technical
problem. tf so confirmed and the same prevented
the timely submission, GEMD, FS and/or LS shall
evaluate the GSC Application considering the
additional submission.

19.10.4.2. If the GSC Application passes the evaluation,
REMB shall grant the RR. Thereafter, GEMD shall
proceed in accordance with Section 19.10.2.1.

If the Geothermal Developer waived the COA during the pre-application
process, GEMD shall proceed with the application in accordance with
Section 21.2.

Re-application for GSC. After ITMS re-opens the area for RE
Applications pursuant to Section 19.10.2.2.3, the GSC Applicant may re-
apply for the same AOI by complying with Section 19.9.1.

During the checking of the submission for completeness and
consistency under Section 19.9.2 and prior to giving notice of any
deficiency, GEMD shall stamp the Notice to Apply “Revalidated” with the
appropriate date if the area is still open for GSC Applications.

If another GSC Applicant is issued a Notice to Apply over the same AOI
or a portion thereof and uploads the documentary requirements through
EVOSS System, the completeness check referred to above and the
validation of the area with the ITMS shall be on a first-come, first-serve
basis. GEMD shall issue an order of payment for the application and
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processing fees to the GSC Applicant which first files the complete
documentary requirements based on the EVOSS System logs.

20. Terms of Certificate of Authority. The awardee of a GSC shall have exclusive
authority to procure permits or certifications and tenurial instruments needed for the
exploration, development and utilization of the geothermal resources within an area
specified in the GSC Application and conduct reconnaissance and other activities
needed for pre-feasibility studies upon the issuance of COA by the DOE.

20.1. The COA shall be valid for a period not exceeding three (3) years. During
its validity, the COA shall serve as the DOE’s exclusive endorsement for
the Geothermal Developer to conduct reconnaissance and other pre-
feasibility activities and secure the necessary permits or certifications
and tenurial instruments from government agencies, LGUs, entities or
instrumentalities having jurisdiction over any aspect of the geothermal
operations. The denomination of each permit or certification or tenurial
instrument to be procured as well as the reconnaissance and other
activities to be conducted for the geothermal project shall be listed in the
COA.

20.2. The COA shall reflect the metes and bounds of the area as proposed in
the GSC Application over which reconnaissance and other pre-feasibility
activities may be conducted and permits and tenurial instruments may
be secured by the Geothermal Developer for the project. For this
purpose, a copy of the technical description of the area to be covered by
the GSC shall form part of the COA.

20.3. Within thirty (30) calendar days from the issuance of the COA under
Section 21.1, the Geothermal Developer shall submit a fixed timeline for
the procurement of permits and conduct of activities in Gantt chart form,
with the minimum work commitment under Annex C.1.

The above timeline shall not be revised.

20.4. Not later than thirty (30) calendar days after the end of each year of the
COA, the Geothermal Developer shall submit an annual report on the
permits, certifications or tenurial instruments procured and/or
reconnaissance and other activities needed for pre-feasibility studies
conducted. The annual report shall follow the format prescribed in the
COA: Provided, That during the last year of COA validity, the Geothermal
Developer shall submit a report covering the first quarter of such year
not later thirty (30) calendar days after the last day of the period covered:
Provided, however, That if the Geothermal Developer opts to shorten the
period of COA validity and the Geothermal Developer gives notice to
execute the GSC before the reportorial obligation herein arises, the
report and corresponding evaluation shall be dispensed with.

20.5. The DOE shall evaluate the annual accomplishments of the Geothermal
Developer based on the fixed timeline above-mentioned: