Semirara Mining and Power Corp. has gone to court to block what it described as repeated attempts by the Department of Energy to compel the disclosure of proprietary mining information that could be shared with prospective bidders for the Semirara coal mine.
In a petition filed before a Makati court, SMPC asked for judicial protection against the DOE’s directives requiring the company to submit detailed information, including a comprehensive inventory of its mining assets, geological and technical data, and specialized equipment used in its operations.
At the heart of the dispute is who owns the assets and when.
SMPC argued that under its Coal Operating Contract and Presidential Decree No. 972, or the Coal Development Act, the assets remain company property and will not automatically become available to the next mine operator. Ownership transfers to the government only if the company fails to remove the assets from the contract area within one year after its coal operating contract expires in July 2027, it said.
“Government ownership of these assets is merely future and conditional,” SMPC said, arguing that the bidding should focus on each contender’s technical capability and mine development plan rather than access to decades of proprietary operational data.
The company also objected to the DOE’s request for detailed information on equipment, including customized pumping systems that keep water from inundating the Acacia mine. SMPC warned that continuous pumping is critical to the mine’s survival and that failure of the system could permanently flood the site, potentially rendering nearly half of Semirara Island’s recoverable coal reserves inaccessible.
The DOE, for its part, maintains that equipment acquired after SMPC has recovered its costs already belongs to the government.
SMPC countered that bidders should develop their own technical studies instead of relying on data generated through the company’s decades of investment and operational experience.
The company stressed that its petition seeks legal clarity rather than to delay the rebidding process. It said it remains committed to participating in the bidding and complying with regulatory requirements, adding that mining operations will continue uninterrupted until the contract expires in July 2027.
