October 5, 2022
Dear Mr. Espiritu,
Greetings!
Thank you for your request dated Sep 20, 2022 01:28:07 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
You asked for Application for assignment of Clark SPP’s SESC No. 2014-07-086 and DOE approval thereof.
The DOE regrets to inform you that the request cannot be granted pursuant to the following provisions of the issued Solar Energy Service Contract:
Section XI 11.1, “All documents, information, data and reports produced or generated during the Solar Energy Operations under this RE Contract shall be kept strictly confidential over the term of this RE Contract or any extension thereof: Provided, That proprietary information shall be kept strictly confidential at all times subject to lawful acquisitions of such information under existing laws and regulations.”
Section XI 11.2, “Without the written consent of the other Party, no Party shall use or disclose the confidential information to any third party and/or to any Affiliate not directly connected with the implementation of this RE Contract except the third parties and Affiliates in Section 11.5, and no Party shall otherwise transfer, present, sell or publish it in any way within the confidentiality periods.”
Moreover, as per DOE’s record, Mr. Espiritu is no longer connected to Citicore Energy REIT Corp. (CERC, formerly Enfinity Philippines Renewable Resources Inc.). Mr. Espiritu as per latest record is the RE Developer of Clark Phase 2 Solar Power Project which was awarded through the partial assignment of SESC No. 2014-07-086 from EPRRI to EPRRI5.
In view of the above, the DOE recommends Mr. Espiritu to directly coordinate with CERC and Citicore Renewable Energy Corporation for the said request through email at
[email protected] or
[email protected].
Your right to request a review
If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Secretary Raphael Perpetuo Lotilla at
[email protected]. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
Thank you.
Respectfully,
Renewable Energy Management Bureau
FOI Receiving Officer
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