# DC2023-05-0010 — Guidelines on the Unbundling of EVCS Charging Fees ## Department Circular No. DC2023-05-0010 **Guidelines on the Unbundling of Electric Vehicle Charging Station Charging Fee Pursuant to Electric Vehicle Industry Development Act** Signed: 12 May 2023 by DOE Secretary Raphael P. M. Lotilla Effectivity: 15 days after complete publication in at least two national newspapers of general circulation --- ## WHEREAS RECITALS 1. RA 7638 (DOE Act of 1992) declares State policy to ensure a continuous, adequate, and economic supply of energy through integrated and intensive exploration, production, management, and development of indigenous energy resources. 2. RA 7638 Sections 5(e) and (h) authorize DOE to regulate private sector activities providing an environment conducive to free and active private sector participation and investment in all energy activities, and to formulate and implement programs for accelerated development of non-conventional energy systems and promotion and commercialization of their applications. 3. RA 11285 (Energy Efficiency and Conservation or EEC Act) declares it is Government policy to promote judicious conservation and efficient utilization of energy resources including its use in the transport sector. 4. EEC Act Section 3 provides for the establishment of a framework for introducing and institutionalizing fundamental policies on EEC, including promotion of efficient and judicious utilization of energy, increase in utilization of energy efficiency and renewable energy technologies, and delineation of responsibilities among various government agencies and private entities. 5. RA 11697 (Electric Vehicle Industry Development Act or EVIDA) declares it is Government policy to provide an enabling environment for the development of electric vehicles (EVs) including options for micromobility as an attractive and feasible mode of transportation to reduce dependence on fossil fuels. 6. EVIDA-IRR Rule II, Section 8 provides that EV Charging Station (EVCS) Providers refer to natural or juridical persons duly accredited by the DOE who sell, construct, install, maintain, own, or operate EVCS or any of its components for a fee — specifically Commercial Use Charging Stations (CUCS) and Battery Swapping Stations (BSS) — permitted to impose and collect fees, which shall be unbundled subject to applicable DOE rules and standards. 7. EVIDA-IRR Rule IV, Section 11(a), (j), and (n) mandates DOE to promulgate uniform and streamlined rules, regulations, and standards on the use, operations, and maintenance of EVCS and related equipment, in coordination with other concerned agencies, including accreditation of EVCS Providers and requirements imposed by Distribution Utilities on charging stations and EVCS Providers for ensuring compliance with unbundling of charging fees. 8. EVIDA-IRR Rule IX, Sections 37 and 38 enumerate prohibited acts and penalties for violations of the EVIDA. 9. Consistent with EVIDA-IRR Rule III, Section 9, these guidelines were issued after public consultation with stakeholders conducted on **20–22 March 2023** and **20 April 2023** in the National Capital Region, Luzon, Visayas, and Mindanao. --- ## SECTION 1. TITLE "EVCS Unbundling of Charging Fees Guidelines." --- ## SECTION 2. SCOPE AND APPLICATION This DC establishes guidelines for unbundling EVCS charging fees imposed and collected from EV users in exchange for the use of EVCS facilities to charge EVs of Accredited EVCS Provider-Operators. --- ## SECTION 3. DEFINITION OF TERMS - **Applicant** — DOE Accredited EVCS Provider-Operator as defined in the EVCS Provider Accreditation and EVCS Registration Guidelines. - **Battery Swapping Station (BSS)** — facility allowing EV users to exchange a near-empty discharged battery with a fully charged battery; BSS which imposes charging fees may be classified as Commercial Use Charging Stations for unbundling purposes under this DC. - **Charging Fee** — amount imposed on EV users in exchange for the use of CUCS; individual components shall be unbundled per this DC. - **Commercial Use Charging Stations (CUCS)** — charging stations whose utilization is open to the general public or a defined group of individuals; permitted to impose and collect fees. - **Distribution Utility (DU)** — any electric cooperative, private corporation, government-owned utility, or existing local government unit with a franchise or authority to operate a distribution system including those whose franchise or authority covers economic zones. - **EUMB** — Energy Utilization Management Bureau of the DOE. - **EVCS** — facility with equipment for delivery of electrical energy to EVs or its battery, installed in an enclosure with special control functions and communications; for purposes of this DC, BSS is also an EVCS. - **EVCS Provider-Operator** — accredited entity engaged in operating EVCS and collecting fees from EV users in exchange for use of EVCS facilities. - **Own-Use Charging Stations** — charging stations for exclusive use by an individual; shall not impose and collect fees. --- ## SECTION 4. ELECTRIC VEHICLE CHARGING STATION CLASSIFICATION 4.1. **Commercial Use Charging Stations (CUCS)** — EVCS open to the general public or a defined group, which impose and collect charging fees on EV users; or OUCS exclusively used by groups consisting of at least two (2) different cooperatives, corporations, and/or other entities, which shall be considered as CUCS. 4.2. **Own-Use Charging Stations (OUCS)** — EVCS for exclusive use by an individual or group (cooperative, corporation, or other entity); shall not impose and collect charging fees. --- ## SECTION 5. UNBUNDLING GENERAL REQUIREMENTS EVCS Provider-Operators are permitted to impose and collect fees from EV users, provided they comply with the minimum unbundling method and requirements specified in this DC. --- ## SECTION 6. UNBUNDLING METHOD Charging fee imposition and collection may be in various methods including but not limited to: 6.1. Fixed fees (monthly or annual fee for use of EVCS facilities) 6.2. Variable/Consumption fees (per kWh fee of electricity used for charging) 6.3. Time-Based Fees (cost per minute or hour charged) 6.4. Service-based Fees (cost per use of EVCS facilities) 6.5. Cashless payment 6.6. A mix of these and other methods All charging fees imposed on EV users shall have the minimum structure and applicable details per Annex A of this DC. EVCS Provider-Operators shall ensure the unbundled structure of charging fees is always provided to EV users per usage. --- ## SECTION 7. UNBUNDLING STRUCTURE APPLICATION REQUIREMENTS EVCS Provider-Operators shall submit to DOE through EUMB the Annex B form for notice of the unbundled charging fee. Application shall show coverage on a per city/municipality basis; for common unbundling structures across multiple cities/municipalities, a regional report is accepted. --- ## SECTION 8. INITIAL PROCESSING OF UNBUNDLED CHARGING FEE APPLICATION 8.1. EUMB shall determine completeness of application documents within **two (2) working days**. Incomplete requirements shall be returned with a corresponding assessment. Submissions after 5:00 PM shall be processed the following working day. 8.2. EUMB shall assess and review documents submitted. 8.3. All applicants shall submit through EUMB's official email address. EUMB will develop an online platform to facilitate ease of applications, to be announced in place of email submissions. --- ## SECTION 9. CHARGING FEE ADJUSTMENTS AND/OR UPDATING EVCS Provider-Operators shall notify DOE before the implementation day and prior to any public announcement for any adjustments. The following documentary requirements shall be attached: (1) Unbundled Structure Report Form (Annex B); (2) Notice of Adjustments (Annex C); (3) Explanation of the charging fee (Annex D); and (4) Other supporting documents. Charging fee adjustments shall only be applied upon acceptance of the notice by EUMB. --- ## SECTION 10. IMPLEMENTATION DAY To facilitate monitoring, the implementation day begins from acceptance of notice by the EUMB and is applicable for **thirty (30) calendar days**. --- ## SECTION 11. OBLIGATIONS OF EVCS PROVIDERS-OPERATORS All EVCS Providers-Operators are required to: 11.1. Non-imposition and/or collection of fees without an approved unbundled charging fee. 11.2. Allow authorized EUMB representatives full access to facilities and pertinent records for verification. 11.3. Annually submit Annex E on or before February 28. DOE through EUMB shall issue implementing guidelines for effective administration, including detailed monitoring, verification, and enforcement procedures after public consultation. --- ## SECTION 12. OBLIGATIONS OF DUS OPERATING AS EVCS DUs engaging in EVCS business shall comply with EPIRA Section 26 as implemented by applicable ERC rules and guidelines on business separation and unbundling. --- ## SECTION 13. EVCS PROVIDER REGISTRY Per EVIDA-IRR Section 11(f), EUMB shall maintain a registry of all registered EVCS with their charging fees on its official website and provide an annual report. --- ## SECTION 14. INFORMATION, EDUCATION AND COMMUNICATION ACTIVITIES Per EVIDA-IRR Section 11(e), DOE, together with DOTr and DTI, shall develop and undertake a national awareness and advocacy program on EV and EVCS adoption, programs, and initiatives, and pursue partnerships with relevant stakeholders. --- ## SECTION 15. PROHIBITED ACTS Per EVIDA Section 28, any natural or juridical person (EVCS Provider-Operator and its responsible officers and personnel) shall be subject to penalties including suspension or revocation of EVCS Provider Accreditation for violation of: (a) Failure to provide accurate information or provision of false or misleading information as required (Sections 5 and 6); (b) Non-submission of reportorial requirements (Sections 7 and 11.3); (c) Imposition and collection of fees without a submitted unbundled charging fee (Section 11.1); (d) Refusal to submit to on-site inspections and monitoring (Section 11.2); and (e) Non-compliance with implementing guidelines issued pursuant to this DC. --- ## SECTION 16. PENALTIES A fine ranging from a minimum of **PHP 50,000** to a maximum of **PHP 500,000** (per Annex F), and may include suspension or revocation of permits/certificates and/or blacklisting. Fines are without prejudice to penalties under existing laws and regulations prescribed by other concerned agencies. --- ## SECTION 17. TRANSITORY CLAUSE All existing EVCS Providers are given **one hundred eighty (180) days** from the effectivity of this DC to comply. --- ## SECTION 18. REVIEW CLAUSE DOE shall periodically review and update rules relative to EVCS operation every **two (2) years** from date of issuance, or earlier as needed. --- ## SECTION 19. SEPARABILITY CLAUSE --- ## SECTION 20. REPEALING CLAUSE --- ## SECTION 21. EFFECTIVITY Effective 15 days after complete publication in at least two (2) national newspapers of general circulation; copy filed with UP Law Center-ONAR.