Energy Regulatory Commission

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Issuances on Filipino-foreign ownership in renewable energy determined by ERC

Requested from ERC by Jan Dominic Castro at 02:18 PM on Jun 25, 2019.
Purpose: Thesis on the jurisdiction of ERC in determining nationality of corporations
Date of Coverage: 01/01/2002 - 06/24/2019
Tracking no: #ERC-691391340346

Jan Dominic 02:18 PM, Jun 25, 2019

Good day! I would like to ask your good office if you can provide me for any relevant documents or issuances that pertain to the authority of ERC to determine nationality of a corporation or compliance with filipino-foreign ownership limitation by the constitution specifically in the renewable energy generation sector. This is for my thesis looking into the jurisdiction of three regulatory agencies dealing with the subject matter (i.e. SEC, DOE, and ERC) Thank you!

FOI Receiving 07:24 AM, Jun 26, 2019

June 26, 2019

Dear Jan Dominic,

Thank you for your request dated Jun 25, 2019 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Issuances on Filipino-foreign ownership in renewable energy determined by ERC.

We received your request on Jun 25, 2019 and will respond on or before Jul 16, 2019 02:18:57 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://bcwdcorrection20190212-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEEVSQy02OTEzOTEzNDAzNDYM, for request with ticket number #ERC-691391340346.

Thank you.

Respectfully,

FOI Receiving Officer
FOI Officer

FOI Decision 02:57 PM, Jul 01, 2019

Dear Mr. Castro:

This pertains to your inquiry regarding ERC’s issuances pertinent to Filipino-Foreign Ownership. 
Please be informed that the ERC abides by the RE Law, particularly 
Rule 6 Section 19 (b) thereof quoted as follows:

RULE 6
Regulatory Framework for the Renewable Energy Industry

SECTION 19. Renewable Energy Service/Operating Contract. —

B. Parties to a Service/Operating Contract

The State may directly undertake such activities, or it may enter into co-production, 
joint venture or co-production sharing agreements with Filipino citizens or corporations 
or associations at least sixty percent (60%) of whose capital is owned by Filipinos. 
Foreign RE Developers may also be allowed to undertake RE development through an 
RE Service/Operating Contract with the government, subject to Article XII, Section 2 of the Philippine Constitution. 

We hope that the said information will be of help in your research needs.

FOI Receiving Officer

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