Title
Support for Hanjin Investment Power Needs
Law
Executive Order No. 701
Decision Date
Feb 19, 2008
Executive Order No. 701 aims to attract foreign investment and promote economic growth by providing government support for Hanjin Heavy Industries and Construction's power infrastructure requirements and investment in the Subic Bay Freeport Zone and Mindanao, including discounted rates and acquisition of connection assets by the National Transmission Corporation.

Law Summary

Acquisition of Connection Assets

  • TRANSCO (National Transmission Corporation) is to acquire and possess the connection assets built by Hanjin in Subic.
  • The connection assets include a 15-kilometer 230 kV transmission line and a 230kV/22.9kV substation.

Funding, Repayment, and Memorandum of Agreement

  • TRANSCO shall advance funds to acquire the connection assets immediately.
  • Government agencies involved, such as TRANSCO, Department of Budget and Management (DBM), and Department of Finance (DOF), will define specific roles and repayment schemes.
  • These details will be formalized in a Memorandum of Agreement.

TRANSCO Connection Charges

  • TRANSCO may impose connection charges approved by the Energy Regulation Commission (ERC) on users of the connection assets where applicable.

Discounted Generation, Transmission, and Distribution Rates

  • NPC (National Power Corporation) and TRANSCO will offer discounted generation and transmission rates for Hanjin's shipyard locations:
    • US$0.0491 per kWh for years 0 to 6.
    • US$0.0600 per kWh for years 7 to 10.
  • If prevailing industrial retail rates fall below these discounted rates, rates granted to Hanjin shall decrease correspondingly.
  • These discounted rates must be reported to the ERC.
  • Distribution rates charged by any government entity (e.g., Philippine Economic Zone Authority) will be waived during the grant period.

Government Support Directive

  • All heads of departments, bureaus, offices, agencies, and government instrumentalities are directed to fully support power infrastructure and investment needs of Hanjin in Subic and Mindanao.

Repealing Clause

  • Any executive orders, rules, regulations or issuances conflicting with this order are revoked, amended, or modified accordingly.

Separability Clause

  • If any provision is declared unconstitutional, it will not invalidate the remaining provisions, provided the rest can still be enforced.

Effectivity

  • The order takes effect 15 days after publication in a national newspaper of general circulation.

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