DOLE Streamlines Process for Issuance of Permit to Operate and Certificate of Electrical Inspection for New Power Generation, Transmission, and Distribution Projects

On 03 March 2021, the Department of Labor and Employment (“DOLE”) issued Department Order No. 223, series of 2021 (“D.O. No. 223”) which aims to guide all concerned in the streamlined processes to be observed in the application of clearing of technical plans, the conduct of inspection for the issuance of a Permit to Operate (“PTO”) of mechanical equipment and a Certificate of Electrical Inspection (“CEI”) for electrical wiring installations under the DOLE Technical Safety Inspection (“TSI”).

The procedures for the application of clearing of technical plans, the conduct of inspection, and the application for a PTO and a CEI is outlined as follows:

1. Evaluation and Clearing of Mechanical and Electrical Plans –

   The proponent must submit its duly accomplished application form, together with the documentary requirements through the Energy Virtual One-Stop Shop (“EVOSS”) System. Applications with incomplete requirements shall not be processed and the proponent shall be informed via an EVOSS system-generated email.

   Applications with complete requirements shall be evaluated based on correctness and accuracy of information provided or incorporated in the plans or drawings submitted. If found to be correct and accurate, the proponent will be instructed through the EVOSS system to submit three (3) sets of hard copies to the nearest DOLE Regional Office where there is an authorized Professional Mechanical Engineer (“PME”) or Professional Electrical Engineer (“PEE”) to clear the plans.

   If the submitted hard copies are in order, the application form and plans will be stamped “CLEARED” and the authorized PME/PEE will affix his signature thereon. The assigned control numbers per application shall be recorded in the database. Consequently, transmittal letters will be sent to the Regional Director who has jurisdiction over the place where the equipment/installation will be installed and to the owner or management representative who owns the establishment or company where the equipment/installation is to be installed.

   Should there be errors or inconsistencies in the application, a letter of disapproval shall be issued by the Regional/Bureau Director. The letter of disapproval shall be uploaded in the EVOSS System and the proponent shall be notified thereof through email. A new and complete application can be re-filed anytime for evaluation.

2. Technical Safety Inspection for Mechanical Equipment and/or Electrical Wiring Installation –

   Upon completion of the installation and testing of equipment as required by D.O. No. 223, the proponent shall file a letter request, together with the required documents, requesting for the conduct of TSI using the EVOSS System. If the letter-request is complete, the Regional Office shall notify the proponent of the date of inspection. The Regional Office shall assign and issue an Authority to Inspect to a Technical Labor Inspector.

   During inspection, the cleared plans will be compared to what was actually installed in the plant. If found to be the same and there are no deviations with the essential specifications of the equipment applied for, it shall be stated in the Notice of Results and a recommendation on the issuance of an Order of Payment shall also be included. The corresponding inspection report shall likewise be prepared by the Technical Labor Inspector and shall be attached to the prepared Order of Payment. The proponent shall be notified of the signed Order of Payment once it is uploaded to the EVOSS System.

   If there are major deviations from the cleared plans, the Technical Labor Inspector shall indicate and recommend that the proponent apply for another clearing of plans. The new plans must be based on the actual installation and shall be considered as “As-Built” plans.

   If there are no noted deviations but there are deficiencies, the proponent has fifteen (15) working days to correct the same. If corrected within the period, the inspection shall be conducted. Should the proponent fail to correct the deficiencies within the fifteen (15) day period, the proponent will be notified through a system generated email to re-apply for clearing due to non-compliance.

3. Issuance of PTO or CEI –

   The proponent shall print the Order of Payment uploaded in the EVOSS System and shall proceed to the Local Government Unit or Zone Authority One Stop Shop to pay. After payment, the proponent shall upload a copy of the Official Receipt in the EVOSS System and a notification on such payment shall be sent to the Regional Office.

   The Regional Office shall prepare the PTO or CEI and notify the proponent of the date of its release.

   For the renewal of the PTO or CEI, the proponent shall file a letter request for renewal within thirty (30) calendar days prior to the expiration of the issued PTO or CEI.

In line with the provisions of Republic Act No. 11234, otherwise known as the Energy Virtual One-Stop Shop Act (“EVOSS Act”), the following streamlined time frame shall be observed in the processing of the following:

The counting of the prescribed time frame shall only commence from the day the application is duly filed with complete requirements. The counting of the prescribed time frame shall be temporarily suspended if the documents or action needed for the continuous processing of application are dependent upon the will/submission of the proponent and/or beyond the control of the DOLE. Failure of the DOLE to release its action on an application duly filed within the prescribed time frame shall cause the automatic approval of the same.

Lastly, pursuant to the EVOSS Act, the Department of Energy shall have the authority to issue a provisional approval, permit, and/or certification relating to applications for permits and/or certifications necessary for, or related to, applications for power generation, transmission, or distribution projects. The actions on such applications shall be released within fifteen (15) calendar days from submission of complete documentary requirements. The said provisional approvals, permits, and/or certifications shall be considered valid and binding unless otherwise revoked by the DOLE.

The full text of DOLE D.O. No. 223 can be accessed here.