Republic of the Philippines ENERGY REGULATORY COMMISSION San Miguel Avenue, Pasig City RESOLUTION NO, "4 _ Series of 2012 A RESOLUTION IMPLEMENTING THE ONLINE CERTIFICATE OF COMPLIANCE FILING SYSTEM WHEREAS, Section 6 of Republic Act No. 9136 (R.A. 9136) or the Electric Power Industry Reform Act of 2001 (EPIRA) states that new Generation Companies shall, before they operate, secure Certificates of Compliance (COC) from the Energy Regulatory Commission (ERC) pursuant to the standards set forth thereunder; WHEREAS, under Section 1, Rule 5 of the Implementing Rules and Regulations (IRR) of the EPIRA, no person may engage in the generation of electricity unless such person has received a COC from the ERC to operate facilities used in the generation of electricity; WHEREAS, on June 26, 2002, the ERC promulgated the Guidelines for the Issuance of Certificates of Compliance (COC) for Generation Companies/Facilities (COC Guidetines), which took effect on July 20, 2002; WHEREAS, on March 10, 2010, the ERC amended the said COC Guidelines under Resolution No. 9, Series of 2010 entitled “Adopting the Revised Rules for the Issuance of Certificates of Compliance (COCs) for Generation Companies/Facilities (Revised Guidelines); WHEREAS, the current process for the application and issuance of COC to Generation Companies, Entities leasing generation facilities and Personis ‘owning generation facilities is done manually: WHEREAS, the ERC has found the need to upgrade its database and to effectively implement and monitor the issuance and renewal of the COC pursuant to its mandate under the EPIRA to promote a policy of full disclosure of all transactions involving public interest and provide an environment conducive to competition thereby prometing efficiency in the operation of the generation sector; WHEREAS, the Online COC Filing System (Online COC) was designed and developed to provide easy access to applicants of COC and help facilitate the issuance and renewal of the COC and at the same time, achieve a reliable database for the ERC; WHEREAS, the Online COC is intended to facilitate the filing of COC by Generation Companies, Entities leasing generation facilities and Person/s owning generation facilities and is consistent with the COC Guidelines asNOW, THEREFORE, the ERC RESOLVED, as it hereby RESOLVES to IMPLEMENT as planned the ONLINE CERTIFICATE OF COMPLIANCE FILING SYSTEM including the necessary training and installation of equipment, This Resolution shail take effect immediately following its publication in a newspaper of general circulation in the Philippines. Let copies of this Resolution be furnished the University of the Philippines Law Center-Office of the National Administrative Register (UPLC-ONAR) and all parties concerned. SO ORDERED. Pasig City, October 1, 2012. MARIA ‘Commissioner \ ALFREDO J. NON avi ie TARUG Commissioner CommisSioner