Amendment to the Guidelines for the Issuance of COC

SECTION 1. The following provisions of the Guidelines for the Issuance of Certificate of Compliance for Generation Company/Facilities are hereby amended as follows:

1. Section 4 (a) (viii) of Article I of said Guidelines is amended to read as follows:

(viii) Self-Generation Facilities;

2. Section 4 (c) (iv) of Article I of said Guidelines is amended to read as follows:

(iv) Self-Generation Facility;

3. Additional requirement is inserted as the new Section 2 (b) (5) (ee) of Article III of said Guidelines to read as follows:

(ee) Department of Energy (DOE) Endorsement indicating that the power plant project is consistent with the Power Development Program of the Government; and

The old Section 2 (b) (5) (ee) shall be renumbered as Section 2 (b) (5) (ff).

4. Section 6 of Article IV of the said Guidelines is amended to read as follows:

Subject to the provisions of Section 7, Rule 18 of the Implementing Rules and Regulations of R.A. 9136, a Self-Generation Facility shall remit directly to TRANSCO the corresponding Universal Charge set by ERC. In relation hereto, TRANSCO shall be provided access to the customer side of the meter in order to determine the utilization of such Generation Facility for the purpose of assessing the corresponding Universal Charge.

The term “register” provided in the aforementioned rule shall be equivalent to the issuances of a COC to the concerned facility.

5. Article VI shall be renumbered as Article V while Article V shall be renumbered as Article VI.

The new Article VI of said Guidelines is amended to include as its first paragraph the following:

Upon compliance with the requirements under Article III, the Commission shall issue a Certificate of Compliance to the Generation Company/Facilities, subject to compliance with such terms and conditions as the ERC may require.

SECTION 2. Separability Clause. If for any reason, any section of this amendment to the Guidelines is declared unconstitutional or invalid, the other parts or section hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 3. These amendments to the Guidelines for the Issuance of Certificate of Compliance for Generation Company/Facilities shall take effect immediately upon its publication in a newspaper of general circulation.

March 7, 2003