DOE finalizing penalties on violations vs “energy efficiency” law

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The Department of Energy (DOE) is streamlining the procedure for filing complaints as well as the list of fines that will be imposed on organizations and individuals that will violate the requirements of Republic Act 11245 or the Energy Efficiency and Conservation (EE&C) Act. 

Before this, DOE had been requesting feedback from the key players of the industry regarding the issuance of the Circular that would establish the produces for filing complaints against offenders. 

In a report by the Manila Bulletin, DOE said that its Energy Utilization Management Bureau (DOE-EUMB) will be assessing the penalties and fines. 

The draft of the DOE Circular also indicated that it can independently initiate an action or inquiry against any individual or organization upon receiving a verified complaint from a concerned party, upon endorsement by the EUMB, or upon referral from the responsible agency.

Additionally, it was stated that the department would revise the penalties and fines annually, and the EUMB would publish a schedule of penalties that would go into effect after a public consultation and 15 days after publication in a newspaper. 

Furthermore, the energy department has the authority to issue a show cause order (SCO) if a violation has been identified. This can be done by the director of the DOE-EUMB, field offices, the department’s morning team, or the director of legal services. 

Under the SCO, the violation would be documented, and the respondent would be required to file an answer within 15 calendar days of receiving each order and the written violation notice.

Hearings on the violation would also be dependent on the DOE and would be done by the DOE Legal Services or an authorized representative of the Secretary and can be conducted via virtual or in-person hearings.