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27.12.

27.13.

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27.11.5.1. Upon receipt of the RR, SEMG shall request the
IPO to confirm the occurrence of the technical
problem. If so confirmed and the same prevented
the timely submission, SEMG, FS and/or LS shail
evaluate the SEOC Application considering the
additional submission.

27.11.5.2. If the SEOC Application passes the evaluation,
REMB shall grant the RR. Thereafter, SEMG shall
proceed in accordance with Section 27.11.3.1.

If the Solar Energy Developer waived the COA during the pre-application
process, SEMG shail proceed with the application in accordance with
Section 29.2.

Re-application for SEOC. After ITMS re-opens the area for RE
Applications pursuant to Section 27.11.3.2.3, the SEOC Applicant may
re-apply for the same AOI by complying with Section 27.9.1.

During the checking of the submission for completeness and
consistency under Section 27.9.2 and prior to giving notice of any
deficiency, SEMG shall stamp the Notice to Apply “Revalidated” with the
appropriate date if the area is still open for SEOC Applications.

lf another SEOC 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-
served basis. SEMG shail issue an order of payment for the application
and processing fees to the SEOC Applicant which first files the complete
documentary requirements based on the EVOSS System logs.

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

28.1.

The COA shall be valid for a period not exceeding one (1) year, for land-
based solar power projects, and two (2) years, for floating solar power
projects. During its validity, the COA shall serve as the DOE’s exclusive
endorsement for the Solar Energy 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
solar 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 solar power project shall be listed
in the COA.
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28.2.

28.3.

28.4.

28.5.

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

Within thirty (30) calendar days from the issuance of the COA under
Section 29.1, the Solar 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 D.1 or E.1, as
applicable.

The above timeline shall not be revised.

The Solar Energy Developer shall submit a report on the permits,
certifications or tenurial instruments procured and/or reconnaissance
and other activities needed for pre-feasibility studies conducted not later
than thirty (30) calendar days after the last day of the period covered, as
follows:

28.4.1. For land-based solar power projects, the report shall cover the
first three (3) quarters of the COA;

28.4.2. For floating solar power projects, the report shall cover the first
year of the COA: Provided, That during the last year of COA
validity, the report shall cover the first quarter of such year.

Provided, however, That if the Solar Energy Developer opts to shorten
the period of COA validity after procuring an SIS, and the Solar Energy
Developer gives notice to execute the SEOC before the reportorial
obligation herein arises, the report and corresponding evaluation shall
be dispensed with.

The annual report shall follow the format prescribed in the COA.

The DOE shall evaiuate the annual accomplishments of the Solar
Energy Developer based on the fixed timeline above-mentioned:

28.5.1. REMB shall conduct an initial evaluation within ten (10) working
days from receipt of the report of the Solar Energy Developer,
or from the lapse of the period given under Section 28.4.

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

28.5.3. In every case, REMB shall complete the evaluation within the
prescribed period.
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28.6.

28.7.

28.8.

28.9.

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After due evaluation, the DOE may withdraw the COA if the Solar Energy
Developer procured the SIS but is unable to show, through proper
documentation, reasonable efforts to undertake the other activities. If the
DOE, through REMB, finds that the COA should be withdrawn, it shall
give the Solar Energy Developer written notice within fifteen (15) working
days that it has forfeited the benefit of the COA and shall direct the Solar
Energy Developer to pre-sign the SEOC in accordance with Section
29.2.

However, notwithstanding Sections 28.8 and 30.2, the DOE shall extend
the validity of the COA until the SIS is issued, if the Solar Energy
Developer submitted the complete documents for an SIS Application
within six (6) months from the date of the COA: Provided, That if the
Solar Energy Developer fails to submit the complete SIS Application
requirements within such period and the validity of the COA is extended,
the period of the extension shall be deducted from the term of the SEOC:
Provided, That if the Solar Energy Developer does not submit the
complete SIS requirements prior to DOE’s evaluation, the SEOC
Application shall be deemed abandoned.

The decision of the DOE to withdraw 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 or certification or tenurial instrument that remains unissued upon
the lapse of the COA, despite the due diligence of the Solar Energy
Developer, shall be procured and the necessary activities therefor
conducted, as part of the Development Stage.

The Solar Energy Developer shall have the option to waive, shorten or
utilize maximum period of validity of the COA.

28.9.1. If the Solar Energy Developer opts to shorten the period of
validity, it shall give written notice to the DOE with a request to
execute the SEOC, a proposed Work Program and a terminal
report on the permits, certifications or tenurial instruments
procured and/or reconnaissance and other activities needed for
pre-feasibility studies conducted.

28.9.2. Ifthe Solar Energy Developer opts to utilize the full term, it shall
give written notice to the DOE with a request to execute the
SEOC, a proposed Work Program and the terminal report
mentioned in Section 27.4.1 not earlier than six (6) months but
not later than three (3) months prior to the expiration of the
validity of the COA: Provided, That for land-based solar power
projects, the aforesaid written notice shall be given not earlier
than two (2) months but not later than one (1) month prior to
such expiration.
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28.9.3.

28.9.4.

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Failure of the Solar Energy Developer to give written notice to
the DOE within the period mentioned in the preceding
paragraph shall be deemed an abandonment of the SEOC
Application, following the procedure set forth in Section
27.11.3.2.3.

In cases under Section 29.2.3, each solar power project shall
be covered by a separate COA and shall have the same period
of validity.

28.10. Within three (3) calendar days from notice, SEMG shall prepare REMB’s
memorandum for the DOE Secretary endorsing the execution of the
SEOC in accordance with Section 29.2, if the Solar Energy Developer
secured the required SIS.

29. Award of Solar Energy Operating Contract and Registration of Solar Energy

Developers.

29.1. Issuance of Certificate of Authority. After the approval of a SEOC
Application and before the execution of a SEOC, the DOE shall issue a
COA: Provided, That the COA may be waived in accordance with
Section 28.9.

29.2.

Signing of the Solar Energy Operating Contract. The following
procedure shall govern the awarding of SEOC:

29.2.1.

29.2.2.

Notification of Award. The DOE shall notify the qualified
SEOC Applicant of the award of the SEOC.

Signing of the Solar Energy Operating Contract. The signing
of the SEOC shall be divided into two stages, namely: a) pre-
signing by the SEOC Applicant; and b) signing by the DOE
Secretary.

29.2.2.1. The REMB Supervising Assistant Secretary shall review

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

29.2.2.2. The SEOC Applicant shall submit the pre-signed SEOC

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

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

29.2.3.

29.2.4.

29.2.5.

29.2.6.

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

Multiple Solar Power Projects. A Solar Energy Developer
shall have the option to avail of a single SEOC for multiple solar
power projects by signifying such intent in its LOI: Provided,
That the proposed capacity of each solar power project shall not
exceed five megawatts (5 MW): Provided, further, That all such
projects shall be located within the same province or, if in Metro
Manila, within the same city: Provided, finally, That the Solar
Energy Developer shall be required to avail of the COA for all
such projects.

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

The SEOC 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 Solar Energy
Developer to do so shall cause the SEOC to be deemed void.

Posting of Performance Bond. Subject to Section 91, the
SEOC 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 Solar
Energy Developer to do so shall cause the SEOC to be deemed
void.

Delivery of the Signed Solar Energy Operating Contract.
Within one (1) calendar day from receipt of the proof of payment
of the signing fee within the prescribed period, SEMG shall, after
due validation thereof, upload in the EVOSS System the signed
and notarized copy of the SEOC and COR, as applicable.
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29.3.

29.4.

29.5.

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The Solar Energy Developer shall personally receive the
original copies of the SEOC 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 SEOC, the Solar Energy Developer shall surrender to the
DOE the COA issued pursuant to this Circular.

Duty to Maintain Records. The SEMG shall maintain a record of all
LOls received, pending SEOC Applications, and signed SEOC in the
EVOSS System.

Reopening of the Area of Interest. The [TMS shall make the area
available to other applicants only when: a) the SEOC Applicant failed to
qualify and the period under Section 27.11.3.2 has lapsed; or
b) withdraws or abandons its LOI or SEOC Application, as the case may
be, and only after due notice is given to the concerned interested
participant) SEOC 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-served basis.

Registration of Solar Energy Developers. The DOE, through the
REMB, shail issue a COR to a Solar Energy Developer holding a valid
SEOC for purposes of entitlement to the incentives under the RE Act,
subject to Chapter XI! 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 SEOC, at the option of the Solar Energy
Developer.

30. Terms of Solar Energy Operating Contract. The development of solar energy
resources shall be covered by a Land-Based or Floating SEOC following the
prescribed template (Annex “D” or “E”, respectively).

30.1.

30.2.

30.3.

The Solar Energy Developer shall be given a non-extendible period of
five (5) years, in the case of land-based solar power projects, and six (6)
years, in the case of floating solar power projects, from the date of
execution of the SEOC to achieve Commercial Operations and shail be
called the Development Stage.

The SEOC shall 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 SEOC may be
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30.4.

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renewed for another twenty-five (25) years, subject to the terms and
conditions of the SEOC.

The Work Program depends on the type of development, whether the
land-based or floating solar power project.

31. Stages of Solar Energy Contract.

31.1.

31.2.

Stages of Solar Energy Operating Contract. A SEOC shall cover two
(2) stages of the solar power project, namely:

31.1.1. 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 COC of the solar power project; and

31.1.2. Commercial Stage. It involves the commercial operation of the
solar power project which shall commence from the issuance of
COC by the ERC.

Stages of Solar Energy Service Contract. A SESC executed under
DOE DO No. DO2013-08-0011 shall cover two (2) stages of the solar
power project, namely:

31.2.1. Pre-Development Stage. It involves the conduct of preliminary
assessment and feasibility study up to Financial Closing and
approval of DOC of the solar power project, including the
identification of the proposed Production Area; and

31.2.2. Development/Commercial Stage. It involves the
development, construction, and commercial operation of the
solar power project, production, and the production and
utilization of solar energy resources.

32. Investments.

32.1.

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:

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

32.1.2. Improvements such as reduced production/operational costs,
increased production, improved operational efficiency, and
better reliability of the solar energy facilities.
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If, by reason of the additional investment, the capacity of the solar power
project is increased by at least thirty percent (30%) as validated by
REMB, the Solar 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,
equipment and/or materials, the DOE, upon the request of the Solar
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:

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

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

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

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

CHAPTER VI - HYDROPOWER AND OCEAN ENERGY RESOURCES

33. Eligibility of Hydropower or Ocean Energy Service Contract Applicant. Any
Person may apply for Hydropower Service Contract (HSC) or Ocean Energy Service
Contract (OESC), subject to the provisions in this Chapter.

33.1.

33.2.

The HSC/OESC 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
exploration, development, and utilization of hydropower/ocean energy
resources: Provided, That in case the HSC/OESC 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.

The appropriation of water direct from a natural source shall be reserved
to Filipino citizens or corporations or associations at least sixty percent
(60%) of whose capital is owned by Filipinos.
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An Applicant which applies for an HSC/OESC 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 as provided for in the preceding paragraph
and under applicable laws, including the Anti-Dummy Law on the
appointment of officers of the corporation.

34. Modes of Awarding Hydropower or Ocean Energy Service Contract.
HSC/OESC shall be awarded through (a) an OCSP, or (b) Direct Application.

34.1.

34.2.

The OCSP shall be adopted for the selection and award of HSCs/OESCs
for PDAs covering hydropower/ocean energy resources for commercial
purposes. This shall be governed by Section 35 and such guidelines as
may be issued by the DOE pursuant to Section 36.

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

34.2.1. HSCs/OESCs covering PDAs, following a failed OCSP
pursuant to the guidelines issued under Section 36; and

34.2.2. HSC/OESC in an area identified by an HSC/OESC Applicant
and verified with or confirmed by the ITMS as available for
exploration, development and/or utilization of
hydropower/ocean energy resources.

35. Pre-Determined Areas. Interested parties may apply for HSC/OESC for PDAs
offered by the DOE during a prescribed period.

35.1.

35.2.

35.3.

Selection of PDAs. The REMB shall identify and submit a list of PDAs
for HSC/OESC 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 shall
be scheduled for launch and shall be publicly announced by the DOE for
submission of HSC/OESC 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 the OCSP and the
corresponding data packages so as to ensure maximum participation
and awareness of prospective investors and stakeholders.

36. Procedure for Awarding Hydropower or Ocean Energy Service Contract
under Open and Competitive Selection Process. The DOE shall issue specific
guidelines for the conduct of, and award of HSCs/OESCs under, OCSP.
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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.

37. Procedure for Awarding Hydropower or Ocean Energy Service Contract
under Direct Application.

37.1. Coverage. Direct Application shail be observed in processing
HSC/OESC Applications for: (a) hydropower/ocean energy resources
located in PDAs which the DOE shall declare as available under this
mode pursuant to the guidelines issued under Section 36; and
(b) hydropower/ocean energy resources in areas other than those
included in the PDAs, subject to the procedures provided herein.

Part 1. Pre-Application Process

37.2. 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 Hydropower and Ocean Energy Management
Division (HOEMD). The list of requirements necessary for registration is
detailed in Annex “J”.

37.3. 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 38 and
39.1. 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 F.1 or Annex G.1, as
applicable. The submission of the LOI shall not be considered as a filing
of an HSC/OESC Application and shall not commence the application
process.

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

Part 2. Area Verification and Technical Guidelines

37.5. Configuration of Area of Interest. The interested participant shall
indicate the geographic coordinates of the proposed location of the weir
and powerhouse, with elevation, on the AOI for the HSC Application. The
AOI for the OESC Application shall either be polygonal or in block
following the Blocking System or a combination of both. ITMS shall
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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:

37.6.1.

37.6.2.

37.6.3.

37.6.4.

37.6.5.
37.6.6.

37.6.7.

Covered by an existing PDA under the OCSP, HSC/OESC,
HSC/OESC 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 HSC/OESC;

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

Within the protected 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,
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
HSC/OESC Application based on available data on file with
ITMS and NAMRIA’s Philippine Geoportal Project website.

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 37.9.4, open for HSC/OESC Applications:

37.6.7.1.Covered by AO! of the same/other energy resource; or
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37.6.7.2.Not covered by AOI of the same/other energy resource.

37.7. Area Verification Results. ITMS shall provide HOEMD with the results
of area verification through the EVOSS System. HOEMD shall conduct
the final technical verification and determine whether the proposed
hydropower/ocean energy project will cause substantial disruption to an
existing hydropower/ocean energy project. Within five (5) calendar days
upon receipt of the verification results, HOEMD, through the REMB
Assistant Director, shall endorse the final technical 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 AOI falls
under Section 37.6.7. If the AOI falls under Sections 37.6.1 to 37.6.5, the
HSC/OESC Applicant shall be issued a Notice to Apply only after
complying with the succeeding paragraph.

If the HSC/OESC Application cannot proceed based on the final
technical 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 37.7.3, as
applicable.

37.7.1. 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 37.7.2, the
interested participant and HOEMD may conduct an assessment
if the AOI may be reconfigured without material adverse effect
on the feasibility of the proposed hydropower/ocean energy
project. The interested participant may reconfigure its AOI! to
cover only such portion as may allow the HSC/OESC
Application to proceed. After confirmation by ITMS that no
portion of the reconfigured AOI falls under Sections 37.6.1 or
37.6.6 for same energy resource), and Sections 37.6.2, 37.6.3,
37.6.5 (for other energy resource) or 37.7.3.1 (for strict
protection zones, exclusion and no-build zones), or if authority
and consent is granted under Section 37.7.3.6, if applicable,
HOEMD shall upload in the EVOSS System a Notice to Apply
to the interested participant for the filing of the HSC/OESC
Application.

37.7.2. 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 37.6.2, 37.6.3 and
37.6.5, the interested participant may still pursue the
HSC/OESC Application, subject to the following provisions:
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37.7.2.1. The interested participant shall:

37.7.2.2.

37.7.2.3.

37.7.2.4.

37.7.2.1.1.Explain in writing why the proposed
hydropower/ocean energy project will not be
feasible without the overlapping area, with
justification on the technical viability of the
project; and

37.7.2.1.2.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 hydropower/ocean energy
project will ensure safe and optimal
development of hydropower/ocean energy
and other energy resources in the
overlapping area; and that all costs needed
therefor shall be borne by the interested
participant.

HOEMD shall inform the existing applicant or energy
contractor/developer of the intent to develop the
hydropower/ocean 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, HOEMD shall upload in the
EVOSS System a Notice to Apply to the interested
participant for the filing of the HSC/OESC Application.

If the existing applicant or energy contractor/developer
objects to the proposal, the said applicant or energy
contractor/developer shall notify HOEMD 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
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37.7.2.5.

37.7.2.6.

37.7.2.7.

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overlapping area is impracticable without technical
basis shall not be considered as an objection.

Within five (5) calendar days from receipt of an
objection, HOEMD and the concerned DOE Division
shall jointly determine whether exploration of
hydropower/ocean 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 hydropower/ocean
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 shall issue a Notice to Apply to the
interested participant.

37.7.3. Other Areas. If the AOI of the interested participant overlaps
with the area as provided under Section 37.6.4, the interested
participant may still pursue the HSC/OESC Application if there is
no material adverse effect on the feasibility of the proposed
hydropower/ocean energy project after applying the provisions

below:

37.7.3.1.

37.7.3.2.

37.7.3.3.

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 shall 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 modified subject to the
ENIPAS and its IRR.

lf the AOI overlaps with ancestral domains with
Certificate of Ancestral Domain Title or Claim, the
REMB Assistant Director shall issue a Notice to Apply
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for the said AOI: Provided, That the Contract Area may
be modified subject to the IPRA and its IRR.

37.7.3.4. Ifthe 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 modified
subject to the relevant rules and regulations of the
concerned government agency.

37.7.3.5. 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 modified subject to the relevant rules and
regulations of the concerned government agency.

37.7.3.6. 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 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 Service
Contractor of SC No. 38 pursuant to Section 1 of
Proclamation No. 72, Series of 2001.

Part 3. Filing and Evaluation of Hydropower or Ocean Energy Service Contract
Applications

37.8.

37.9.

Orientation of HSC/OESC Applicant. The orientation is intended to
inform HSC/OESC Applicant about the HSC/OESC application
requirements, and to guide them through the process for evaluation
thereof, awarding of HSC/OESC and the registration of a hydropower or
ocean energy project.

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

Receipt of Hydropower or Ocean Energy Service Contract
Applications. After the Notice to Apply is uploaded in the EVOSS
System, the interested participant may file its HSC/OESC Application by
complying with the following procedures and requirements:
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37.9.1.

37.9.2.

37.9.3.

37.9.4.

37.9.5.

37.9.6.

37.9.7.

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

HOEMD shall check the completeness and consistency of the
submission and ITMS shall validate the area applied for the
hydropower/ocean energy project within three (3) working days.

If the submission is complete and the AOI is still free for
development, HOEMD shall upload a copy of the order of
payment for the application and processing fees. The EVOSS
System shall notify the HSC/OESC 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.

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

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

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

To ensure the orderly processing of HSC/OESC Applications,
the EVOSS System shall be modified such that ITMS must input
its confirmation therein that the AOI is available before an
HSC/OESC Applicant can upload the documentary
requirements. Pending such modification, HOEMD 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 37.9.3.

37.10. Evaluation of Hydropower or Ocean Energy Service Contract
Applications.

37.10.1.After the payment of the processing fee, HOEMD, 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.

37.10.2. HOEMD shall consolidate all the evaluation results and proceed

with the processing:
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37.10.2.1.

37.10.2.2.

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If the HSC/OESC Application passes the
evaluations, HOEMD 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 HSC/OESC
Application; the draft COA, as applicable; and the
draft HSC/OESC. 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 shail act on the HSC/OESC
Application in accordance with Section 39.

If the HSC/OESC Application does not pass the
legal, technical, and/or financial evaluations,
HOEMD shail notify the HSC/OESC Applicants
through the EVOSS System to rectify the
submission within ten (10) working days. HOEMD
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.

37.10.2.2.1.Failure of the HSC/OESC Applicant to

submit supplementary documents within
the prescribed period shall be deemed an
abandonment of the HSC/OESC
Application. HOEMD shall notify the
HSC/OESC Applicant, LS, FS, and ITMS
of the disqualification through the EVOSS
System.

37.10.2.2.2.lf the HSC/OESC Applicant submits

supplementary documents within the
prescribed period above and HOEMD
determines that the submission _ is
incomplete, the HSC/OESC Applicant
shail 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.

37.10.2.2.3. HOEMD, LS and FS shall be notified by the

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

37.10.2.2.4. Should the HSC/OESC Application still fail
to pass any of the subsequent legal,
technical, or financial evaluations, the
REMB Assistant Director shall recommend
the disqualification of the HSC/OESC
Application to the Supervising Assistant
Secretary who shall then issue a formal
notice to the HSC/OESC Applicant stating
the basis of the disqualification. HOEMD
shall notify the HSC/OESC Applicant, LS,
FS, and ITMS of the disqualification
through the EVOSS System. After five (5)
calendar days from receipt of the
HSC/OESC 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.

37.10.3.The HSC/OESC 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 HSC/OESC Applicant shall
have a one-time opportunity to address the deficiencies found
after the completeness check mentioned in Section 37.10.2.2.1,
which shall be made within the ten (10) working day period. The
remaining days, if there are any, shall be forfeited. Therefore,
the HSC/OESC Applicant must ensure that all its documents are
final and complete before submitting the same through the
EVOSS System.

37.10.4.No RR of any of the legal, technical, financial evaluation or the
disqualification shall be entertained, except when the
HSC/OESC 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
HSC/OESC Applicant shall file the RR with REMB within three
(3) working days from uploading of the Notice of
Disqualification.
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37.11.

37.12.

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37.10.4.1. Upon receipt of the RR, HOEMD shall request the
IPO to confirm the occurrence of the technical
problem. If so confirmed and the same prevented
the timely submission, HOEMD, FS and/or LS shall
evaluate the HSC/OESC Application considering
the additional submission.

37.10.4.2. If the HSC/OESC Application passes the
evaluation, REMB shall grant the RR. Thereafter,
HOEMD shall proceed in accordance with Section
37.10.2.1.

If the Hydropower/Ocean Energy Developer waived the COA during the
pre-application process, HOEMD shall proceed with the application in
accordance with Section 39.2.

Re-application for HSC/OESC. After ITMS re-opens the area for RE
Applications pursuant to Section 37.10.2.2.4, the HSC/OESC Applicant
may re-apply for the same AOI by complying with Section 37.9.1.

During the checking of the submission for completeness and
consistency under Section 37.9.2 and prior to giving notice of any
deficiency, HOEMD shall stamp the Notice to Apply “Revalidated” with
the appropriate date if the area is still open for HSC/OESC Applications.

If another HSC/OESC 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-served basis. HOEMD shall issue an order of payment for the
application and processing fees to the HSC/OESC Applicant which first
files the complete documentary requirements based on the EVOSS
System logs.

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

38.1.

The COA shall be valid for a period not exceeding three (3) years. During
its validity, the COA shail serve as the DOE’s exclusive endorsement for
the Hydropower/Ocean Energy 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
hydropower/ocean energy operations. The denomination of each permit
or certification or tenurial instrument to be procured as well as the
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38.2.

38.3.

38.4.

38.5.

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reconnaissance and other activities to be conducted for the
hydropower/ocean energy project shall be listed in the COA.

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

Within thirty (30) calendar days from the issuance of the COA under
Section 39.1, the Hydropower/Ocean 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 Annexes
F.1 and G.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 Hydropower/Ocean 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 shall follow the format prescribed
in the COA: Provided, That during the last year of COA validity, the
Hydropower/Ocean 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
Hydropower/Ocean Energy Developer opts to shorten the period of COA
validity and the Hydropower/Ocean Energy Developer gives notice to
execute the HSC/OESC before the reportorial obligation herein arises,
the report and corresponding evaluation shall be dispensed with.

The DOE shall evaluate the annual accomplishments of the
Hydropower/Ocean Energy Developer based on the fixed timeline
above-mentioned:

38.5.1. REMB shall conduct an initial evaluation within ten (10) working
days from receipt of the report of the Hydropower/Ocean
Energy Developer, or from the lapse of the period given under
Section 38.3.

38.5.2. Within ten (10) working days from notice thereof, the
Hydropower/Ocean Energy Developer may submit additional
documents refuting REMB's findings and/or rectifying any
deficiency in the annual report or its supporting documents.

38.5.3. 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.