Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 249
Offshore Wind Worldwide 2023
Lastly, typhoons, which generally occur in
the Philippines yearly should also be taken
in consideration. According to the Philippine
Atmospheric, Geophysical and Astronomical Services Administration, the Philippines
is routinely in the path of tropical cyclones, which generally produce heavy rains,
flooding and strong winds and which can
result in human casualties and destruction
to properties.153
7.1 General Procedure for
OSW Project Application
Since the OSW projects in the Philippines
are still in the infancy stage, delays from
pre-development applications and approval
process almost certainly will come up. The
template OSWESC provides a five-year provision for conducting wind energy resource
exploration and obtaining various permits
and licenses.
Under the Draft Omnibus Guidelines, the
requirements and procedures for OSWESC
application include filing through the Energy
Virtual One-Stop Shop Act (EVOSS) Platform which shall include the submission
of complete legal, technical and financial
requirements. The RE developer shall secure
a DOE endorsement of its application for
necessary clearances, licenses and permits
from other government agencies, instrumentalities, and/or local government units
through the EVOSS Platform.
The financial qualification of the RE developer shall be evaluated based on its financial
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capability to fund the cost of activities for
the first 3 years of the OSWESC application
based on a template Work Program.
Further, the RE developer shall complete
its pre-development activities consistent
with the DOE-approved Work Program
within a period of 5 years. Such term may
be extended for another 2 years subject to
DOE’s approval after validating that the RE
developer is compliant with its contractual
obligations and has completed the following
activities:
(a) wind data gathering – submission of
wind data collected for a period of at
least 2 years;
(b) acquisition of government permits
– submission of copies of permits or
proofs of application of permits; and
(c) planning activities, and other stakeholders’ engagements, environment and
social surveys (design envelope, geophysical surveys, Geotech surveys).154
The OSWESC shall be valid for 25 years,
renewable for another 25 years.
Prior to the expiration of the PDS, the RE
developer shall submit an application for
Declaration of Commerciality (DOC) and
will then submit the plan of development
and proof of financial closing at the end of
the PDS. Upon the confirmation of the DOC,
the DOE shall issue a Certificate of Confir-
153 About Tropical Cyclones available at https://www.pagasa.dost.gov.ph/information/about-tropical-cyclone#:~:text=The%20Philippines%20is%20
prone%20to,destructions%20to%20crops%20and%20properties (last accessed February 28, 2023).
154 Section 3, Draft Omnibus Guidelines.
