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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
In 2019, the Energy Virtual One-Stop Shop Act or Republic Act (RA) No. 11234 was signed into law. One of the notable points of the Act is the State’s policy to deliver efficient and effective power generation, transmission, and distribution projects, mainly through the creation of a “one-stop shop” to process proposals or applications of such power projects. This one-stop shop, which is supervised by the Department of Energy (DOE), is called the “Energy Virtual One-Stop Shop” or “EVOSS.”
On March 8, 2019, the Energy Virtual One-Stop Shop Act or Republic Act (RA) No. 11234 was signed into law. According to the principal author of the Act, then Senator Sherwin Gatchalian, this Act will “eradicate the red tape in the process which impedes the increase of the country’s energy supply” (BusinessWorld, 2017).
One of the notable points of the Act is the State’s policy to deliver efficient and effective power generation, transmission, and distribution projects, mainly through the creation of a “one-stop shop” to process proposals or applications of such power projects.
This one-stop shop, which is supervised by the Department of Energy (DOE), is called the “Energy Virtual One-Stop Shop” or “EVOSS.” Under the Act, EVOSS is defined as:
[The] online system that allows the coordinated submission and synchronous processing of all required data and information, and provides a single decision-making portal for actions on applications for permits and/or certifications necessary for, or related to, an application of a proponent for new power generation, transmission, or distribution projects. (Sec. 4(e), RA 11234)
In sum, it is an online or web-based filing and monitoring system for energy related applications. Additionally, the EVOSS was built as a secure and accessible monitoring and action system for all government bureaus, offices, agencies, GOCCs, LGUs, and other entities involved in the permitting process of power projects. EVOSS also contains a directory of information; e.g., on the process of applying for project permits, requirement checklists, downloadable forms, fees, and issued permits.
Another notable point of the Act is the Time Frame it provides for all actions of the relevant government agencies on power project applications. These time frames are counted from the applicant’s submission of complete documentary requirements, and are as follows:
(a) The DOE and all its attached bureaus, offices, and agencies, at both the national and local levels, and GOCCs: sixty (60) calendar days;
(b) The DAR and all its attached bureaus, offices, and agencies, at both the national and local levels, and GOCCs: seventy-five (75) calendar days;
(c) The DA and all its attached bureaus, offices, and agencies, at both the national and local levels, and GOCCs: sixty (60) calendar days;
(d) The DENR and all its attached bureaus, offices, and agencies, *at both the national and local levels, and GOCCs: one hundred twenty (120) calendar days: Provided, That this time frame excludes the NWRB;
(e) The ERC: sixty (60) calendar days to issue an action on all applications from the submission of all documentary requirements: Provided, That for all quasi-judicial cases, the ERC shall have two hundred seventy (270) calendar days to issue an action from the submission of a valid application;
(f) The system operator: one hundred fifty (150) calendar days;
(g) The NWRB: sixty (60) calendar days;
(h) The market operator: fifteen (15) calendar days;
(i) The Department of Transportation and all its attached bureaus, offices, and agencies, at both the national and local levels, and GOCCs: thirty (30) calendar days;
(j) The Philippine National Police: fifteen (15) calendar days;
(k) The Department of Public Works and Highways and all its attached bureaus, offices, and agencies, at both the national and local levels, and GOCCs: thirty (30) calendar days;
(l) The Philippine Nuclear Research Institute: fifteen (15) calendar days; and
(m) All other mother agencies and all their respective attached bureaus, offices, and agencies, at both the national and local levels, and GOCCs not expressly stated in this Act but are part of the permitting process of power generation, transmission, or distribution projects: fifteen (15) calendar days. (Sec. 13, RA 11234)
Failure of the above to release their actions on applications duly filed with the complete supporting documents within the prescribed time frame, will result in the applications being deemed as approved. However, this rule shall not apply to actions by the DENR and ERC on applications by fossil fuel-based technologies such as coal, natural gas, and oil (Sec. 13, RA 11234).
Ultimately, the implementation of the EVOSS and the rules under the Act are expected to
“drive down electricity costs and provide significant savings to electricity consumers” (BusinessWorld, 2017).
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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