Semirara takes DOE to court over mine data

Semirara Mining and Power Corp.

Semirara Mining and Power Corp.
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Semirara Mining and Power Corp. (SMPC) has asked a Makati court to stop the Department of Energy (DOE) from requiring the disclosure of proprietary mine data, saying the move could undermine its legal and financial interests ahead of the rebidding of the Semirara coal mine.
In its petition, the listed integrated energy company said the DOE had repeatedly directed it to submit detailed information on its mining assets, including geological and technical data and a comprehensive inventory of equipment, to be shared with prospective bidders.
SMPC argued that the assets remain company property under its coal operating contract and the Coal Development Act, and therefore should not be included in the bidding process.
It said government ownership of the assets would arise only if the company fails to remove them from the production and exploration area within one year after the expiration of Coal Operating Contract No. 5 in July 2027.
“Government ownership of these assets is merely future and conditional. The bidding is supposed to choose a winner that has a viable mine plan and knows how to run one to make sure coal production is seamless, to protect the country’s baseload electricity generation. It is not about SMPC and how it runs the mine,” the company said.
The DOE's request includes geological and technical information as well as details of specialized equipment, including pumps used to manage the intensified river water flow into the Acacia mine.
SMPC said the equipment is critical to maintaining operations.
“So far, continuous pumping has kept water seepage at the Acacia mine under control. But the pumps are the mine’s lifeline: if pumping stops, Acacia could become completely flooded and may no longer be operable. If that happens, roughly half of the island’s recoverable coal reserves will be lost,” the company said.
The DOE has argued that equipment acquired by SMPC becomes government-owned once the company has recovered its costs. SMPC disputed this interpretation, maintaining that assets outside the production and exploration areas, and equipment removed within one year after the contract ends, remain company property.
The company also said bidders should be evaluated based on their own technical studies and mine plans rather than information developed through SMPC's decades of investment and operational experience.
SMPC said the petition is intended to obtain legal clarity rather than delay the bidding process. It added that it remains committed to participating in the bidding, cooperating with the DOE, and complying with regulatory requirements.
The court filing will not affect its mining operations, which will continue until the contract expires in July 2027.