Energy Regulatory Commission

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    Date: 2023-11-10 18:17:54.284397

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    Date: 2023-11-13 07:43:09.424368

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    Date: 2023-12-04 15:15:35.970693

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Whether Renewable Energy Sector is still part of the Foreign Investment Negative List?

Requested from ERC by S. Yap at 06:17 PM on Nov 10, 2023.
Purpose: Business and Employment
Date of Coverage: 11/10/2023 - 11/10/2023
Tracking no: #ERC-548112509425



Yap 06:17 PM, Nov 10, 2023

Hi,

Last year (Nov 2022), Department of Energy (DOE) aready opened up the Renewable Energy Sector for 100% foreign investment and sought to update the Foreign Investment Negative List.

However, the last (12th) Regular Foreign Investment Negative List (RFINL) was published in June 2022 in which Renewable Energy is in Negative List and allows max 40% Foreign Ownership only.

In the absence of any updated RFINL, what's the status of Renewable Energy Sector- is it open for 100% or 40% foreign investment & ownership?

Does any EO clarifies this, which also would be acceptable by SEC & DOLE?

Officer 07:43 AM, Nov 13, 2023

November 13, 2023

Dear Sandy,

Thank you for your request dated Nov 10, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Whether Renewable Energy Sector is still part of the Foreign Investment Negative List?.

We received your request on Nov 10, 2023 and will respond on or before Nov 22, 2023, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEEVSQy01NDgxMTI1MDk0MjUM, for request with ticket number #ERC-548112509425.

Thank you.

Respectfully,

FOI Receiving Officer
FOI Officer

Yap 08:20 AM, Nov 22, 2023

Dear Sir/Ma'am,

Greetings! 

I was promised to get a reply on or before November 22, 2023. Today is already Nov 22, however, I haven't got any reply whatsoever.

Kindly revert and clarify this matter at the earliest.

Thanks and regards,
Sandy Yap

Maker 04:33 PM, Nov 22, 2023

November 22, 2023

Dear Sandy Yap,

I refer to your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Whether Renewable Energy Sector is still part of the Foreign Investment Negative List?.

Our response to your request is due on November 22, 2023.

Please be informed, however, that it is necessary to extend the period for consideration of your request by seven (7) working days from November 22, 2023  for the reason that the data is still in process.

We apologize for this delay but we have applied for an extension so we could work further on your request. We hope to be able to send you a response on or before December 4, 2023.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEEVSQy01NDgxMTI1MDk0MjUM, for request with ticket number #ERC-548112509425.

Thank you.

Respectfully,

FOI Decision Maker
FOI Officer

Maker 03:15 PM, Dec 04, 2023

December 4, 2023

Dear Sandy Yap,

Greetings!

Thank you for your request dated Nov 10, 2023  under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request

You asked for Whether Renewable Energy Sector is still part of the Foreign Investment Negative List?.

Response to Request

In relation thereto, please see the attached response to your request.

Further, attached are the letters of endorsement to the SEC and DOLE  which will be transmitted also to the respective offices.


We hope this suffices your request.  

In order for us to serve you better, may we invite you for a quick survey and fill out your inputs in the link provided below:
https://docs.google.com/forms/d/e/1FAIpQLSe1RQ-7biN7Ue7jJSAEL5sAG-73VqVQsoyZV7DrFRU5WhdQOw/viewform?usp=pp_url

We appreciate your trust in us and look forward to serving you again.

Your right to request a review 

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Hon. Monalisa C. Dimalanta, Chairperson and CEO with email address at records@erc.ph. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request. 

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,

FOI Decision Maker
FOI Receiving Officer

Attachments:
 1 Letter Reply to Mr. Yap re FOI Request_30NOV2023_rev_som.pdf
 2 Letter to SEC_Mr. Yap re FOI Request_01DEC2023_rev_som.pdf
 3 Letter to DOLE_Mr. Yap re FOI Request_01DEC2023_rev_som.pdf

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