Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 229
Offshore Wind Worldwide 2023
on the template prescribed under DOE
Department Circular No. DC2019-10-0013
or the Omnibus Guidelines Governing the
Award and Administration of Renewable
Energy Contracts and the Registration of
Renewable Energy Developers. Notably,
however, the template OSWESC includes
provisions specific to OSW energy such as
the definition of "Offshore Wind Energy
Operations" and "Offshore Wind Energy
Resources."28 Upon finalization and issuance
of the Draft Omnibus Guidelines (which we
assume will adopt the template OSWESC),
the template OSWESC shall be used instead
of the WESC for OSW service contracts.
Under the template OSWESC, an RE developer has the exclusive right to explore, develop, and utilize the wind energy resources
over the contract area. Moreover, the RE
developer shall have the following rights, 29
among others:
• to be granted fiscal and non-fiscal
incentives and privileges under the
RE Act, the RE Act IRR and all other
relevant existing laws.
• to receive assistance from the DOE
during the pre-development stage
(PDS) in securing access to lands and/
or offshore areas where OSW Resources shall be harnessed and in
endorsing the project to the other
relevant agencies of the government
and other entities, for the acquisition
28 Template OSWESC, Section II.
29 Template OSWESC, Section VII.
30 Template OSWESC, Section VII.
229
of permits, licenses and clearances and
availing of applicable fiscal and nonfiscal incentives;
• to have at all times the right of ingress
to and egress from the contract area to
and from facilities wherever located;
• to acquire rights-of-way and similar
rights on, over, under, across and
through the contract area or properties
adjacent to the same;
• to allow, in accordance with the existing laws, to engage the services of
expatriate experts who shall exercise
their technical professions solely for
the OSW energy operations provided
that Filipino employees shall be given
preference to positions for which they
have adequate training and experience.
Further, the template provides that the DOE
has the obligation to assist an RE developer
in securing rights-of-way and similar rights
on the contract area and, in this connection,
the DOE appoints the RE developer as its
attorney-in-fact and grants the latter full
authority to act for and on its behalf in the
negotiation and conclusion of agreements
and payments for such rights. 30
The RE developer may request assistance
from the DOE through the latter (or through
the RE developer acting as agent or attorney-in-fact of the DOE) applying for the
