Energy Virtual One-Stop Shop Act

Case Overview and Summary

Summary of Republic Act No. 11234 (Energy Virtual One-Stop Shop Act)

Establishment of the Energy Virtual One-Stop Shop (EVOSS)
- An online system for coordinated submission and processing of requirements for new power generation, transmission, and distribution projects. (Section 5)
- Recognizes legal effect of electronic documents submitted through the system. (Section 6a)
- Utilizes online payment system for fees. (Section 6b)
- Provides paperless processing system for proponents to:
    - Obtain requirements, fees, and process for each project type (Section 6c1)
    - Submit, process, and receive actions on requirements (Section 6c2)
    - Monitor status of applications (Section 6c3)
    - Pay fees electronically (Section 6c4)
    - Submit complaints on inaction (Section 6c5)
- Provides system for government agencies to coordinate on:
    - Unified and streamlined permitting process (Section 6d1)
    - Uniform templates for requirements (Section 6d2)
    - Compliance with mandated processing time (Section 6d3)
    - Updating and monitoring of requirements (Section 6d4)
    - Determining status of ongoing applications (Section 6d5)

EVOSS Steering Committee
- Composed of various government agencies and private sector representatives. (Section 7)
- Exists for 2 years from the law's effectivity. (Section 7)
- Duties include:
    - Creating detailed process flow for each project phase (Section 11a)
    - Streamlining the process flow (Section 11b)
    - Reviewing and imposing time frames (Section 11c)
    - Ensuring online payment system linkage (Section 11d)
    - Developing terms of reference for EVOSS developer (Section 11e)
    - Determining processing fee for proponents (Section 11f)
    - Monitoring EVOSS performance after operationalization (Section 11h)

Time Frames for Action on Applications
- Specific time frames set for various government agencies. (Section 13)
    - Department of Energy and attached agencies: 60 calendar days (Section 13a)
    - Department of Agrarian Reform and attached agencies: 75 calendar days (Section 13b)
    - Department of Agriculture and attached agencies: 60 calendar days (Section 13c)
    - Department of Environment and Natural Resources and attached agencies: 120 calendar days (Section 13d)
    - Energy Regulatory Commission: 60 calendar days, 270 calendar days for quasi-judicial cases (Section 13e)
    - System operator: 150 calendar days (Section 13f)
    - National Water Resources Board: 60 calendar days (Section 13g)
    - Market operator: 15 calendar days (Section 13h)
    - Other agencies involved: 15-30 calendar days (Sections 13i-13m)
- Failure to act within prescribed time frame deems application approved, except for DENR and ERC actions on fossil fuel-based technologies. (Section 13)

Local Government Units (LGUs)
- Applications must be resolved within:
    - 15 calendar days for barangays (Section 14)
    - 15 calendar days for cities/municipalities (Section 14)
    - 15 calendar days for provinces (Section 14)
- Failure to act within prescribed time frame deems application approved. (Section 14)
- Denials must be on valid grounds and explained in writing, with appeal process. (Section 14)

Indigenous Cultural Communities (ICCs)/Indigenous Peoples (IPs)
- Actions on applications with National Commission on Indigenous Peoples (NCIP) must be released within:
    - 10 calendar days for Certificate of Non-Overlap (Section 15)
    - 105 calendar days for Free, Prior, and Informed Consent/Certification Pre-Condition (Section 15)
- Failure to act within prescribed time frame deems application approved, except for Resolution of Non-Consent. (Section 15)
- Resolution of Non-Consent must be based solely on violation of right to ownership. (Section 15)
- Appeal process for denials provided. (Section 15)

Delegated Powers
- Department of Energy can issue provisional approvals/permits/certifications for applications before certain agencies. (Section 16)
- Actions on such applications must be released within 15 calendar days. (Section 16)
- Provisional approvals valid unless revoked after post audit. (Section 16)

Prohibited Acts and Penalties
- Administrative offenses for government officials/employees include:
    - Willful refusal to participate in EVOSS (Section 17a)
    - Willful acts delaying EVOSS operationalization (Section 17b)
    - Failure to comply with mandated time frames (Section 17c)
    - Tampering with EVOSS (Section 17d)
- Penalties range from suspension to dismissal and perpetual disqualification from public service. (Sections 19-21)
- Confidentiality of proponent information must be maintained. (Section 18)

Other Provisions
- Investment Promotion Office of Department of Energy to serve as EVOSS Steering Committee Secretariat. (Section 10)
- Funding of P100 million for initial implementation from current DOE appropriations. (Section 23)
- Joint Congressional Power Commission to exercise oversight. (Section 24)
- Implementing rules and regulations to be issued within 60 days. (Section 27)