Meta Data
Draft: 
No
Revision of previous policy?: 
No
Draft Year: 
1992
Effective Start Year: 
1992
Scope: 
National
Document Type: 
Rule/Regulation
Economic Sector: 
Power
Energy Types: 
Power, Renewable, Hydropower
Issued by: 
Department of Energy
Overall Summary: 
This document provides for Rules and Regulations governing the filing processing of applications for authority to construct and operate mini-hydroelectric power plants and providing for the terms and conditions of the operating contracts concluded pursuant thereto.
Efficiency
EE action plans: 
The developer shall operate and maintain the mini-hydro power plant or system at maximum efficiency as possible and promote highest possible production of power and energy.
Renewable Energy
RE prioritization, portfolio standards: 
The NAPOCOR shall purchase the maximum electricity generated by the mini-hydro power plant in case the mini-hydro power plant cannot be connected with any other electric utilities or end-users. [...]
RE capital subsidy, grant, or rebate: 
The developer shall be subject to Philippine income tax after seven (7) years of commercial operation.
Mandatory connection: 
The developer shall negotiate on the provision for interconnection with either NAPOCOR, the local electric cooperative grid or electric utilities and shall furnish the OEA with a copy of its sales contract with the buyer. It shall first offer to sell electric power to either NAPOCOR, franchised private electric utilities or electric cooperatives. It shall install adequate protective devices at the power plant which are required to ensure safe and unperturbed operation of the local electricity network to which the plant is interconnected. ---Use of Transmission Lines – The NAPOCOR and other electric utilities shall allow the mini-hydro power developer to deliver its generated electricity to the developer’s customers through their existing lines so as to serve such third parties under terms which are to be mutually agreed upon, or if no agreement can be reached, under terms set by the OEA.
Environment
Pollution control action plans: 
At all times, the developer shall observe and maintain proper hygiene and sanitation at the projects site. Garbage, waste, chemicals and the like shall be disposed off or dumped properly on garbage pits. Chemicals such as acids, oils and grease shall be stored properly and shall not be allowed to contaminate the environment.
Land use change for energy production purposes: 
The OEA, in processing an application, shall be guided, but not limited, the following: [...] e. Generally, the construction and operations thereof will promote and achieve the purposes of R.A. 7156. ---The OEA, in processing an application, shall be guided, but not limited, the following: [...] c. The construction and operation thereof will not result in the closure or stoppage of existing water outlets, passageways, conduits, or the like from the water source. [...] e. Generally, the construction and operations thereof will promote and achieve the purposes of R.A. 7156. ---The developer shall develop and operate the field in accordance with accepted good mini-hydro power field practices [...]pursuant to an safeguard the watershed area of its minihydro power plant system against illegal logging and other forms of forest destruction and/or assist the DENR in the enforcement of forestry rules and regulations or rehabilitation of the watershed area.
Energy-water nexus: 
The OEA, in processing an application, shall be guided, but not limited, the following: [...] c. The construction and operation thereof will not result in the closure or stoppage of existing water outlets, passageways, conduits, or the like from the water source. [...] e. Generally, the construction and operations thereof will promote and achieve the purposes of R.A. 7156. ---The developer shall develop and operate the field in accordance with accepted good mini-hydro power field practices using modern and scientific methods to enable maximum economic production of mini-hydro power and to avoid hazards to life, health and waters pursuant to an safeguard the watershed area of its minihydro power plant system against illegal logging and other forms of forest destruction and/or assist the DENR in the enforcement of forestry rules and regulations or rehabilitation of the watershed area.
Pricing
Energy taxation: 
The developer shall be subject to Philippine income tax after seven (7) years of commercial operation.
Energy pricing: 
Rates for the Purchase of Electricity – The rates for the purchase of electricity that the developer may charge to NAPOCOR and other electric utilities shall be at a price agreed upon by the parties. Such price shall be based on NAPOCOR’s or the utility’s avoided cost which shall refer to the costs of the affected grids had NAPOCOR generated the electric power itself before disposing the power to third parties.
Investment
Local content requirement: 
The developer shall give priority in employment to Philippine nationals. It shall agree to employ qualified Filipino personnel in the operations and, after commercial production commences, shall undertake, upon prior approval of the OEA, the schooling and training of Filipino personnel for labor and staff position, including administrative, technical and executive management positions. [...].