=== dc2024-06-0018-pages-141.ppm === DC on the Revised Omnibus Guidelines Governing the Award and Administration of Renewable Energy Contracts and the Registration of Renewable Energy Developers 77.6. Page 139 of 148 Developer in the course of wind measurement campaign, half of the proceeds shall be paid to the concerned RE Developer while the other half shall be paid to the DOE. The DOE shall, as far as practicable, apply this Section to other RE technologies. 78. Termination of RE Contracts. The DOE shall have the power to terminate RE Contracts, after due notice to the RE Developer. 78.1. 78.2. Evaluation Process for RE Contract Termination. The concerned REMB Division shall recommend the termination of the RE Contract within the following timelines: 78.1.1. Five (5) calendar days from the lapse of the Pre-Development Stage of the RE Contract where the RE Developer failed to submit its DOC; 78.1.2. Five (5) calendar days from the lapse of the Development Stage of the RE Contract where the RE Developer failed to secure its Certificate of Compliance (COC); 78.1.3. Three (3) calendar days from the voluntary relinquishment of the RE Developer, without prejudice to the DOE requiring the RE Developer to comply with the applicable penalties for non- compliance with its work obligations in accordance with the provisions of the RE Contract; 78.1.4. Prior to the pre-construction phase of the RE Contract, upon the discovery that the RE Developer failed to maintain the required performance bond; 78.1.5. During the Development Stage, upon the DOE’s finding that the conditions set forth in Sections 76.1 and 76.2 exist; or 78.1.6. At any stage of the RE Contract, upon findings of any of the grounds for RE Contract termination as stipulated therein. Failure of the DOE to adhere to the periods provided above shall not be construed as a waiver of its power to evaluate and recommend the termination of RE Contracts at a later time. With respect to Sections 78.1.1, 78.1.2, 78.1.4, and 78.1.5, the concerned REMB Division shall prepare a letter, signed by the REMB Director, requiring the RE Developer to explain in writing why its RE Contract should not be terminated. The RE Developer shall be given a non-extendible period of thirty (30) calendar days to submit its explanation, which shall be accompanied by supporting documents. === dc2024-06-0018-pages-142.ppm === DC on the Revised Omnibus Guidelines Governing the Award and Administration of Renewable Energy Contracts and the Registration of Renewable Energy Developers 78.3. 78.4. 78.5. 78.6. Page 140 of 148 No later than twenty (20) calendar days from its receipt of the RE Developer's written explanation or from the lapse of the period mentioned in Section 78.2, the concerned REMB Division shall submit its findings and recommendation to the REMB Director. Within three (3) calendar days from receipt of the findings and/or recommendation, the REMB Director shall act upon the same and recommend a course of action to the DOE Secretary, through its Supervising Assistant Secretary and Undersecretary. In case the DOE Secretary approves the REMB_ Director's recommendation, the RE Developer shall be notified in writing of the termination of its RE Contract. The concerned REMB Division shall inform the TSMD, ITMS, and IPO of such fact. Subject to the conditions under this Section, areas covered by terminated RE Contracts shall be declared by the DOE open for development, specifying the mode of awarding of the RE Contract, which, if the area is determined as within a PDA, RE Contract Applications shall be through OCSP, respectively, as provided herein. Otherwise, the area shall be available to all interested parties for RE resource development under Direct Application, and only on a first- come first-serve basis. 79. Request for Reconsideration. An RE Developer whose RE Contract was terminated may request for the reconsideration of the same. The request shall be made in writing, addressed to the REMB Director, and filed within a non-extendible period of ten (10) working days from the RE Developer's receipt of the notice of termination. The REMB Director shall evaluate the merits of the request for reconsideration and endorse such recommendations to the DOE Secretary, through LS, the REMB Supervising Assistant Secretary and Undersecretary. 79.1. Procedures for Processing of Request for Reconsideration. Requests for reconsideration shall be processed in accordance with the procedure below: 79.1.1. The RE Developer shall submit through the EVOSS System the complete documents, and the concerned REMB Division shall check the completeness and consistency of the submission within three (3) working days. 79.1.2. REMB, LS, FS and ITMS shall conduct simultaneous technical, legal, financial evaluations and area verification within ten (10) calendar days. 79.1.3. The concerned REMB Division shall consolidate all the evaluation results and, consistent with such results, recommend the approval or denial of the request for reconsideration to the REMB Director through a memorandum for the DOE Secretary. If the REMB Director agrees with the recommendation, REMB === dc2024-06-0018-pages-143.ppm === DC on the Revised Omnibus Guidelines Governing the Award and Administration of Renewable Energy Contracts and the Registration of Renewable Energy Developers Page 141 of 148 shall endorse the documents to the DOE Secretary, through LS, the Supervising Assistant Secretary and Undersecretary. The consolidation and endorsement herein mentioned shall be completed within three (3) calendar days. 79.1.4. LS shall act on the endorsement within three (3) calendar days, while the Supervising Assistant Secretary and Undersecretary shall each have four (4) calendar days to act on the recommendation and endorse the same to the DOE Secretary for approval. The latter shall act thereon within seven (7) calendar days. 79.1.5. The concerned REMB Division, through the EVOSS System, shall upload a copy of the letter approving or denying request for reconsideration and notify the RE Developer to receive a copy of said document. 79.2. A request to reconsider the termination of an RE Contract shall be processed within thirty-one (31) calendar days from the date of submission of complete documents. CHAPTER XI — REGISTRATION OF RE PROJECTS FOR OWN-USE AND/OR NON-COMMERCIAL OPERATIONS Part 1. General Provisions 80. Certificate of Registration. A COR is the proof of registration of the RE Developer with the DOE and is required to avail of the incentives under the RE Act. RE Projects for Own-Use and/or Non-Commercial Operations are not required to enter into an RE Contract to secure a COR. Part 2. Procedures for Registration 81. Issuance of Certificate of Registration for RE Projects for Own-Use and/or for Non-Commercial Operations. The COR shall be issued to the RE Developer only upon its complete submission of the requirements herein below provided, and only after the evaluation of the same by the REMB which shall recommend its approval to the DOE Secretary. 82. Documentary Requirements. Any proponent intending to install, construct, and operate an RE Project under this Chapter shail strictly comply with the following: 82.1. Technical Requirements. 82.1.1. Application letter addressed to the REMB Director: 82.1.2. Project description detailing the technical design, financing structure, the target commissioning date, location of the RE Project and the RE Resource to be used; === dc2024-06-0018-pages-144.ppm === DC on the Revised Omnibus Guidelines Governing the Award and Administration of Renewable Energy Contracts and the Registration of Renewable Energy Developers 82.2. Page 142 of 148 82.1.3. Target commissioning date; and 82.1.4. Proof of ownership of proposed project site. Legal Requirements. — The same legal requirements in Checklist of Requirements in Annex “M” of this Circular shall be submitted. To ensure the completeness of the application documents, the REMB may provide avenue to serve” as_ the pre-filing conference/meeting/orientation among the concerned DOE units and the proponent, prior to submission of formal application through the EVOSS System. 83. Filing an Evaluation of Application for Registration. 83.1. 83.2. 83.3. Receipt of Application for Registration. An interested participant may file its Application by complying with the requirements and procedures, as follows: 83.1.1. The Applicant shall submit through the EVOSS System the complete set of documentary requirements for registration prescribed under Section 82. 83.1.2. The concerned REMB Division shall check the completeness and consistency of the submission within three (3) working days. No order for payment of application and processing fee shall be issued unless all the documentary requirements have been complied with and submitted by the proponent. Payment of Application and Processing Fees. If the submission is complete, the concerned REMB Division shall upload a copy of the order of payment for the application and processing fees. The EVOSS System shall notify the applicant through system-generated email to pay the application and processing fees within five (5) working days. Failure to do so will result in the abandonment of the application. Within one (1) working day from payment, DOE shall validate the proof of payment. No application shall be accepted without the payment of the application and processing fees. Processing Period. The application shall be processed within twenty- eight (28) calendar days from the receipt of the complete documents and the payment of the application and processing fees. 84. Evaluation and Process for Issuance of Certificate of Registration. 84.1. Qualification Evaluation. After the payment of the processing fee, the concerned REMB Division and LS shall conduct the simultaneous === dc2024-06-0018-pages-145.ppm === DC on the Revised Omnibus Guidelines Governing the Award and Administration of Renewable Energy Contracts and the Registration of Renewable Energy Developers 84.2. Page 143 of 148 technical and legal evaluations within five (5) calendar days from upload ing of the proof of payment of application and processing fees in the EVOSS System. The concerned REMB Division shall consolidate all the evaluation results 84.2.1. 84.2.2. and proceed with the processing: If the Application passes the evaluations, the concerned REMB Division shall, within two (2) calendar days from its receipt of the evaluation documents, prepare REMB’s memorandum for the DOE Secretary endorsing the issuance of Certificate of Registration. The endorsement must include the original copy of the results of legal and technical evaluations with all their attachments. Upon concurrence of LS and the REMB Assistant Secretary and Undersecretary on the endorsement, which shall be completed within two (2) and four (4) calendar days, respectively, the DOE Secretary shall act on the Application within seven (7) calendar days. If the Application does not pass the legal, and/or technical evaluations, The concerned REMB Division shall notify the Applicant through the EVOSS System to rectify the submission within five (5) working days. The concerned REMB Division 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. (a) Failure of the Applicant to submit supplementary documents within the prescribed period shall be deemed an abandonment of the Application. The concerned REMB Division shall notify the Applicant and LS of the disqualification through the EVOSS System. (b) If the Applicant submits supplementary documents within the prescribed period above, reevaluation shall proceed in accordance with the next succeeding subparagraph. (c) The concerned REMB Division and LS shall be notified by the EVOSS System of the submission. The concerned REMB Division and LS shail finish the simultaneous technical, and legal evaluations within three (3) calendar days. (d) Should the Application still fail to pass any of the subsequent legal and technical evaluations, the REMB Assistant Director shall recommend the disqualification of the Application to the Supervising Assistant Secretary who shall then issue a formal notice to the Applicant stating the basis of the disqualification. The concerned REMB Division shall notify the Applicant, and LS of the disqualification through the EVOSS System. === dc2024-06-0018-pages-146.ppm === DC on the Revised Omnibus Guidelines Governing the Award and Administration of Renewable Energy Contracts and the Registration of Renewable Energy Developers Page 144 of 148 84.3. Request for Reconsideration. The Applicant may request a reconsideration of the disqualification in writing, addressed to the REMB Supervising Undersecretary, within ten (10) working days from receipt of notice of disqualification. The REMB Supervising Undersecretary shall resolve the request for reconsideration within five (5) working days from receipt of the same. 85. Validity of the Registration. The COR shall have an initial validity period of five (5) years, renewable for the same period until the end-of-project life is reached or a maximum of twenty-five (25) years. 86. Terms and Conditions of the Registration. Any RE Developer and its Project shall be issued a COR (Annex “P”) which shall contain the terms and conditions thereof. CHAPTER XIil —- INCENTIVES 87. Incentive Regime. In lieu of the incentives allowed under the RE Act, an RE Developer may elect to avail itself of the incentives under the National Internal Revenue Code of 1997, as amended by RA 11534, otherwise known as the “Corporate Recovery and Tax Incentives for Enterprises Act” (CREATE). Unless the RE Developer signifies its intention to avail itself of the incentives under CREATE at the time of issuance of COR, it shall be considered as having availed itself of the incentives under the RE Act. Once the RE Developer elects to avail itself of the incentives under CREATE, such election shall be considered irrevocable and no incentives under the RE Act shall be allowed thereafter. CHAPTER XIill - TRANSITORY PROVISIONS 88. Evaluation of Pending Applications. RE Applications filed prior to the effectivity of this Circular shall be governed by the existing guidelines at the time of the filing of the applications. The ITMS shall report to the REMB all areas covered by pending RE Applications and RE Contracts within fifteen (15) calendar days from the date of this Circular. REMB shall use this information to commence the process of identifying PDAs for preparation of the OCSP. RE Applicants that have passed the legal, technical and financial requirements under the existing guidelines prior to the effectivity of this Circular shall be given an option to choose which RE Contract template to adopt: Provided, however, That should there be any new application requirements for RE Contract covering development of a particular type of RE resource, the applicant must satisfy first such requirement/s. 89. Re-filing of the Application for RE Contract and Certificate of Registration. Pending applications for RE Contract or issuance of CORs may be re-applied, at the option of the RE Applicant, within (30) calendar days from effectivity of this Circular without need of new or re-payment of the application fees. Failure of the applicants to re-file its application within the said period shall be construed as its decision to: (a) submit to the ongoing evaluation of its RE Application under the prior rules or === dc2024-06-0018-pages-147.ppm === DC on the Revised Omnibus Guidelines Governing the Award and Administration of Renewable Energy Contracts and the Registration of Renewable Energy Developers Page 145 of 148 guidelines, and (b) comply with the results of such evaluation of its pending RE Application. 90. Temporary Suspension of Acceptance of LOIs and RE Applications. The seamless transition from DC No. DC2019-10-0013 to the Revised Omnibus RE Guidelines entails the conduct of the following activities by the DOE: 90.1. Coordinate with concerned government agencies and instrumentalities (e.g., BOI, DENR, LGUs) for alignment with their respective processes; 90.2. Update the list of requirements and process flow diagrams posted in the EVOSS System; 90.3. Introduce necessary modifications to the EVOSS System; 90.4. Update the list of de-listed RE Contracts; and 90.5. Establish a procedure for real-time updating of available areas for RE Service/Operating Contract applications. To enable concerned DOE personnel to fully participate and timely accomplish the aforementioned activities, the DOE shall suspend the processing of LOls and RE Applications beginning on the date the Revised Guidelines takes effect, and for a period of five (5) months thereafter. For this purpose, the uploading of LOls and RE Applications in the EVOSS System shall be temporarily disabled for the same period above-mentioned. Processing of LOls and RE Applications as well as uploading of LOls and RE Applications in the EVOSS System shall be resumed through a DOE Advisory. CHAPTER XIV — MISCELLANEOUS PROVISIONS 91. Temporary Suspension of Posting of Performance Bond. The DOE hereby temporarily suspends the requirement for RE Developers to post a performance bond. The suspension shall remain in effect until the DOE issues an Advisory to lift the suspension. Upon lifting, RE Developers shall be required to post a performance bond. 92.Mandatory Review. The DOE shall conduct a comprehensive review and evaluation of the implementation of the requirements for RE Applications under Annex “M’ within six (6) months or as necessary from the effectivity of this Circular. The review shall assess whether the requirements for RE Contract Applications align with the objectives of the RE Act and its IRR. Based on the findings of the review and evaluation, the DOE may revise the requirements for RE Applications under Annex “M” through an Advisory. CHAPTER XV - FINAL PROVISIONS 93. Extension of Timelines. Subject to the provisions of RA 11234, the respective timelines provided under this Circular may be extended for the same period prior to the lapse of the subject period: Provided, That the DOE shall notify the affected party === dc2024-06-0018-pages-148.ppm === DC on the Revised Omnibus Guidelines Governing the Award and Administration of Renewable Energy Contracts and the Registration of Renewable Energy Developers Page 146 of 148 in writing of the reason for the extension and shall provide the final date of release of the matter requested. Only one extension is allowed and shall, in no case, exceed sixty (60) calendar days. For this purpose, the Citizen’s Charter of the REMB shall be amended to reflect the timelines herein provided. 94. Information, Education and Communication Activities. Pursuant to Section 31, Rule 10 of the IRR of the RE Act, the DOE, together with National Renewable Energy Board, shall develop and implement a comprehensive information, education and communication activities that are designed to increase public awareness and appreciation of this Circular and the RE industry in general. 95. Separability Clause. If for any reason, any provision of this Circular is declared unconstitutional or invalid by a court of competent jurisdiction, the other parts or provisions not affected thereby shall remain in full force and effect. 96. Repealing Clause. The provisions of other circulars, orders, issuances, rules and regulations, which are inconsistent with the provisions of this Circular are hereby repealed, amended, superseded or modified accordingly. 97. Effectivity. This Circular shall take into effect fifteen (15) calendar days following its publication in at least two (2) newspapers of general circulation. Copies of this Circular shall be filed with the University of the Philippines Law Center — Office of the National Administrative Register. Issued this JUN 0 4 2024 at the Department of Energy, Energy Center, Rizal Drive cor. 34th Street, Bonifacio Global City, Taguig City, Manila. RAPHAFL P.M. LOTILLA === dc2024-06-0018-pages-149.ppm === DC on the Revised Omnibus Guidelines Governing the Award and Administration of Renewable Energy Contracts and the Registration of Renewable Energy Developers Page 147 of 148 APPENDIX: Annexes of the Revised Omnibus RE Guidelines === dc2024-06-0018-pages-150.ppm === DC on the Revised Omnibus Guidelines Governing the Award and Administration of Renewable Energy Contracts and the Registration of Renewable Energy Developers Page 148 of 148 Template Affidavit of Acquisition of Possessory Rights over Private Lands for RE Operating Contract Application L.2 Template Affidavit of Filing of Application to Acquire Possessory Rights over Public Lands for RE Operating Contract Application | L.3 Template Affidavit of Acquisition of Possessory Rights over Private Lands for RE Service Contract Application L.4 Template Affidavit of Acquisition of Possessory Rights over _Public Lands for RE Service Contract Application _ ANNEX “mM” | Checklist of Requirements for RE Application NE i” | Mapping Reg uirements _ _ _ _ ANNEX “O” _| Checklist of Requirements for RE Contract Transition ANNEX “P” _| Template Certificate of Registration for Own-Use === dc2024-06-0018-pages-151.ppm === "Annexes to the Revised Omnibus Guidelines Governing the Award and Administration of Renewable Energy Contracts and the Registration of Renewable Energy Developers and the Registration of RE Developers."