Section 6Sec./Art. 6

Powers and Functions of the DOE. In addition to its mandate under Republic Act No. 7638, otherwise known as the Department of Energy Act of 1992, and Republic Act No. 8479, otherwise known as the Downstream Oil Industry Deregulation Act of 1998, the DOE shall have the following powers and functions:

(a) Prepare the LPG Industry Development Plan, in consultation with public and private stakeholders, which shall be integrated into the Philippine Energy Plan;

(b) Implement and ensure compliance with the quality and safety standards prescribed in the PNS and other accepted codes and standards as adopted by the DTI as PNS for:

(1) Refining plants, refilling plants, depots, storage area, transportation facilities, retail outlets, auto-LPG dispensing stations, and other related facilities or premises of LPG industry participants;

(2) LPG, LPG pressure vessels including filled or unfilled cylinders in circulation which are for distribution and sale to dealers, retail outlets, and end-consumers, and other ancillary equipment, and

(3) Centralized LPG piping systems;

(c) Issue and enforce compliance with the following:

(1) Licenses to operate for qualified LPG industry participants. The DOE shall have the power to suspend or revoke these, after due notice and hearing, for any LPG industry participant found to have committed any of the prohibited acts under Chapter XI of this Act,

(2) Closure or cease and desist orders, after due notice and hearing, to any concerned LPG industry participant found to have committed any of the prohibited acts under Chapter XI of this Act,

(3) Guidelines for:

(i) Disposal of LPG, LPG contaminated water, and LPG pressure vessels together with the Department of Environment and Natural Resources (DENR); and

(ii) Authorized motor vehicles used in the transportation pf LPG in bulk. LPG from one LPG industry participant to another, and filled and unfilled LPG pressure vessels to other LPG industry participants and end-consumers, and the registration thereof, together with the Land Transportation Office (LTO) and the Bureau of Fire Protection (BFP), pursuant to Section 37 of this Act;

(d) Direct LPG trademark owners to periodically submit LPG pressure vessels for requalification pursuant to Section 7 of this Act;

(e) Convene technical working groups and technical committees, comprised of public and private stakeholders, that shall undertake the promulgation and review of policies, rules, regulations, and guidelines, and the development of standards, respectively;

(f) Approve and authorize LPG seals of trademark owners and marketers;

(g) Investigate motu propio or upon report of any person, impose and collect fines and penalties, initiate and resolve the necessary administrative action, or initiate the necessary criminal care against the responsible persons for any violation of this Act by any LPG industry participant, pursuant to Chapter XI of this Act;

(h) Confiscate, recall, seize, impound, and prohibit the following:

(1) LPG seals that are noncompliant with standards, rules and regulations including those in illegal possession or use of such LPG seals, and

(2) LPG that does not meet the PNS, defective, unsafe, injurious, dangerous, generic, underfilled, illegally refilled, defective, or substandard LPG pressure vessels in circulation, and ancillary equipment, or those that are found in violation of the provisions of this Act: Provided, That duly requalified generic LPG cylinders already in the market at the time of the effectivity of this Act which were not illegally imported shall only be confiscated, recalled, seized, impounded, and prohibited after the lapse of the transition period of the LPG Cylinder Improvement Program determined by the DOE pursuant to Section 32 of this Act;

(i) Exercise visitorial powers to ensure the effective implementation of this Act, which shall include the power to scrutinize the records of LPG industry participants, except, trade secrets and proprietary information, and to inspect their premises, LPG seals, ancillary equipment, and filled and unfilled LPG pressure vessels, including those in transit, which are for distribution and sale to dealers, retail outlets, and end-consumers: Provided, That trade secrets and proprietary information shall be defined in this Acts implementing rules and regulations;

(j) Require LPG industry participants to submit written or electronic forms or reports as it may deem necessary and reasonable pursuant to Section 33 of this Act;

(k) Create, maintain, and regularly update a central database of LPG industry participants and an inventory of existing and projected LPG supply levels pursuant to Section 34 of this Act;

(l) Regularly publish in a newspaper of general circulation or the DOE website the list of LPG industry participants whose licenses to operate have been revoked;

(m) Formulate and publish, together with the DTI, the guidelines, rules and regulations for the LPG Cylinder Exchange and Swapping Program, and the LPG Cylinder Improvement Program pursuant to Sections 31 and 32 of this Act;

(n) Undertake with the DTI, the Department of the Interior and Local Government (DILG), and the BFP information, education and communication activities on health, safety, security, environmental, and quality standards for LPG, LPG pressure vessels, auto-LPG vehicles, ancillary equipment, and authorized motor vehicle transporting LPG and LPG pressure vessels to enhance awareness among end-consumers, local government units (LGUs), and the Philippine National Police (PNP);

(o) Conduct, in collaboration with the Department of Science and Technology, research and development towards new LPG technologies and LPG pressure vessel improvement and more efficient methods of providing, safe, clean, and hazard-free LPG to end-consumers; and

(p) Exercise such other powers and functions as may be necessary or incidental to attaining the objectives of this Act.