DEPARTMENT CIRCULAR NO. DC2020-11-0024 ADOPTING THE GUIDELINES GOVERNING THE 3RD OPEN AND COMPETITIVE SELECTION PROCESS (OCSP3) IN THE AWARD OF RENEWABLE ENERGY SERVICE CONTRACT, AND FOR OTHER PURPOSES WHEREAS, Article XII, Section 2 of the 1987 Philippine Constitution provides that all forces of potential energy and other natural resources within the Philippine territory belong to the State, thus the exploration, development and utilization shall be under the full control and supervision of the State; WHEREAS, Republic Act (RA) No. 7638, as amended, otherwise known as "The Department of Energy Act of 1992", mandates the Department of Energy (DOE) to prepare, integrate, coordinate, supervise, and control all plans, programs, projects, and activities of the Government relative to energy exploration, development, utilization, distribution, and conservation; WHEREAS, RA No. 9513 or the "Renewable Energy Act of 2008" and its Implementing Rules and Regulations (IRR) encourages the DOE to promote the accelerated development of renewable energy (RE) resources; WHEREAS, Section 13 of Department Circular No. 2019-10-0013 entitled the "Omnibus Guidelines governing the award and administration of Renewable Energy Contracts and the registration of Renewable Energy Developers", provides for the procedures in applying for RE Contracts under an Open and Competitive Selection Process ("OCSP"); WHEREAS, the DOE has identified Pre-Determined Areas (PDA) for geothermal and hydropower resource development and utilization; WHEREAS, the exploration, development and utilization of these PDAs for RE resources would significantly contribute in the energy supply requirements of the Philippines. NOW THEREFORE, for and in consideration of the foregoing premises, the DOE hereby orders the following procedures to govern the OCSP for RE resources: Section 1. Scope of Coverage. This Circular shall govern the determination of the legal, financial and technical qualifications of RE Applicants, the evaluation of their Applications, and the award of RE Contracts under the 3rd Open and Competitive Selection Process. Section 2. Responsibilities of the Renewable Energy Management Bureau (REMB). The REMB shall be the lead unit of the DOE in carrying out the responsibilities under this Circular. Section 3. Enhanced Participation of LGUs or DUs in RE Contracts. The conduct of OCSP and award of RE Contracts under this Circular shall encourage Application with endorsements from their local government units or those to be undertaken by distribution utilities within their franchise areas. Section 4. 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 conduct comprehensive information, education and communication activities that are designed to increase the awareness and appreciation of the RE industry and the public in general, of this Circular. Section 5. 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. Section 6. 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. Section 7. Effectivity. This Circular shall take into effect fifteen (15) 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. [Signed] Secretary Issued at Energy Center, Bonifacio Global City, Taguig City. October 20, 2020