The Department of Energy (“DOE”) issued an Advisory on 30 August 2024 reminding all DOE-accredited Electric Vehicle Charging Station (“EVCS”) Providers to comply with the requirements under Department Circular (“DC”) No. DC-2023-05-0010 or the Guidelines on the Unbundling of Electric Vehicle Charging Station Charging Fee Pursuant to the Electric Vehicle Industry Development Act.
DC No. DC-2023-05-0010 was issued by the DOE on 12 May 2023 pursuant to its mandate, under Republic Act (“R.A.”) No. 11697 or the Electric Vehicle Industry Development Act (EVIDA), of promulgating uniform and streamlined rules, regulations, and standards on the use, operations, and maintenance of EVCS and related equipment. Under its Section 5, before an EVCS Provider-Operator may impose and collect fees from users of electric vehicles (“EV”) in exchange for the use of facilities of EVCS to charge EVs, it must first comply with the minimum unbundling method and requirements. Further, an EVCS Provider-Operator shall ensure that the unbundled structure of charging fee shall always be provided to EV users on their per usage of EVCS facilities.
To apply for an unbundled charging fee structure, an EVCS Provider-Operator shall submit to the DOE through the Energy Utilization Management Bureau’s (“EUMB”) EV Industry Portal (www.evindustry.ph), beginning 03 September 2024, an Unbundling Structure Report Form (Annex A). The application of unbundled charging fee shall show the coverage on a city or municipality basis. In cases where multiple cities or municipalities have common unbundling structures, a report covering the region will suffice. Section 8 provides that upon submission of the unbundled charging fee structure, the EUMB shall determine the completeness of the application documents within two (2) working days. Should the EUMB determine that the application is incomplete, the applicant’s requirements will be returned with a corresponding assessment from the EUMB.
While the charging fee imposition and collection can be done by various methods, Section 6 mandates that an EVCS Provider-Operator must ensure that all charging fees imposed on and to be collected from EV users shall, at the minimum: (1) provide the electricity consumption used for charging, (2) enumerate the breakdown of charges as may be identified (e.g. service fee, maintenance, utilization, administrative, parking fee), and (3) show the total amount of charging fee imposed to and to be collected from EV users.
Should there be any adjustments or updates to the charging fee, an EVCS Provider-Operator shall notify the DOE prior to its implementation and to any public announcement thereof by submitting (1) an Unbundled Structure Report Form (Annex A), (2) a notice of adjustments (Annex C), (3) an explanation of the charging fee (Annex D), and (4) other documents supporting the justification for charging fee adjustments. Under Section 9, the charging fee adjustments shall only be applied upon EUMB’s acceptance of the notice.
An EVCS Provider-Operator whose application for unbundled charging fee structure is granted is required to submit an Annual Report (Annex E) to the EUMB.
Finally, Section 12 provides that should a Distribution Utility engage in the business of EVCS, it shall comply with Section 26 of R.A. No. 9136 or the Electric Power Industry Reform Act of 2001 (“EPIRA”) as implemented by the Energy Regulatory Commission’s applicable rules and guidelines on business separation and unbundling.
For more information, please contact:
Kathleen Danielle D. Rebosa
[email protected]