Declaration of Policy
- Ensure continuous, adequate, and economic energy supply.
- Achieve energy self-reliance through indigenous resource development.
- Promote conservation, renewable energy, and efficient utilization.
- Encourage private sector participation.
- Rationalize and coordinate government energy programs balancing productivity and ecological concerns.
Definitions
- "Energy projects": Activities involving exploration, production, import/export, processing, transport, distribution, conservation, and storage of all energy forms.
- "Board": Refers to the Energy Regulatory Board.
Creation of the Department of Energy
- A government agency responsible for planning, supervising, and controlling energy-related government programs and activities.
Powers and Functions of the Department
- Formulate policies for an efficient, economic energy supply aligned with national economic plans and environmental conservation.
- Develop and update a comprehensive Philippine energy program with emphasis on indigenous, environment-friendly, and low-cost energy sources.
- Establish and administer programs for all forms of energy resources and activities.
- Supervise government energy-related activities to meet policy goals.
- Regulate private sector energy activities while promoting private investment.
- Implement deregulation of appropriate energy projects within four years.
- Direct and disseminate energy research and development.
- Create incentive and penalty systems for energy efficiency.
- Promote accelerated nonconventional energy development.
- Ensure benefits to communities and regions hosting energy resources while meeting national energy needs.
- Encourage broad public ownership of energy enterprises.
- Formulate necessary implementing rules and regulations.
Department Organization
- Composed of the Office of the Secretary, Offices of Undersecretaries and Assistant Secretaries, and various bureaus and services.
Office of the Secretary
- Secretary appointed by the President with Commission on Appointments confirmation.
- Prohibition against appointing recent officers of private energy firms.
- Duties include policy establishment, department supervision, creation of regional offices/grids, and international oil and gas industry promotion.
- Secretary is an ex officio member of NEDA, INFRACOM, ICC, and related infrastructure investment bodies.
Undersecretaries and Assistant Secretaries
- Three Undersecretaries appointed by the President on Secretary's recommendation.
- Three Assistant Secretaries assigned to operations, policy and programs, and administrative services.
- All must meet citizenship, residency, moral character, and competence qualifications.
Bureaus and Services with Functions
- Energy Resource Development Bureau: Develop local energy resources, conduct research, provide training, and oversee service contractors.
- Energy Utilization Management Bureau: Promote efficient energy transformation, monitor consumption, develop nonconventional energy applications, address rural energy needs, and implement conservation programs.
- Energy Industry Administration Bureau: Formulate regulatory policies, contingency plans, and manage financial/fiscal policies for energy distributors and producers.
- Energy Planning and Monitoring Bureau: Develop integrated energy plans, manage data and information, evaluate energy demand and supply, ensure environmental goals, and advise on international energy issues.
- Administrative Support Services: Legal Counsel provides legal advice and case handling; Financial and Management Services handle budget, personnel, records, and administrative support.
Attached Agencies and Their Supervision
- Philippine National Oil Company (PNOC), National Power Corporation (NPC), National Electrification Administration (NEA) placed under Department supervision.
- Secretary serves as ex officio chairman of these agencies' boards but is not chief executive officer.
- Secretary may recommend board reorganizations.
Council of Advisers on Energy Affairs
- Composed of five members from industry, labor, and consumer sectors.
- Advises the President on overall energy programs and private sector participation.
Transitory Provisions
- Abolition of Office of Energy Affairs and Energy Coordinating Council.
- Transfer of their powers, functions, funds, properties, and personnel to the Department.
- Department to continue management of Technology Transfer for Energy Management projects.
- Department subrogated to rights and liabilities of predecessor agencies.
- Transfer of non-price regulatory powers of Energy Regulatory Board to the Department.
- NPC and electric cooperatives' rate-setting powers transferred to Energy Regulatory Board.
- Organizational structure and staffing to be established within 60 days, with preference to existing personnel.
- Retiring employees to receive applicable benefits.
Appropriations
- Initial funding up to Php 300 million sourced from previous agencies and Presidential allocation.
- Subsequent funding included in the General Appropriations Act.
- Collected fees, surcharges, fines, and 20% of special funds used to finance Department operations.
Disclosure and Divestment
- Secretary and top officials must disclose financial and employment interests before assuming office.
- Required divestment from interests in entities under Department's supervision within 30 days of appointment or confirmation.
- Applies also to immediate family members within the second degree of relationship.
Relationship with Other Government Agencies
- Department and energy projects receive preferential treatment from Department of Environment and Natural Resources.
- Other government agencies must act on Department projects within 10 days.
- Secretary may establish interagency secretariat to expedite project approval.
Visitorial Powers
- Secretary or representative authorized to examine non-government entities with government energy contracts.
- Can inspect records to ascertain government revenue share and fund collections.
- Refusal or concealment may lead to contract cancellation.
Contingency Powers
- In critically low energy supply circumstances, President may declare emergency on recommendation of Secretary.
- Secretary empowered to implement fuel/energy allocation, rationing, load curtailment, and usage restrictions.
Repealing, Separability, and Effectivity Clauses
- Repeals inconsistent laws except Republic Act No. 6969.
- Invalidity of any provision does not affect the rest of the Act.
- Effectivity upon publication in two national newspapers.