Quantcast
Latest Stories

Subic coal plant deal invalid–CA

By

SUBIC BAY FREEPORT—The Court of Appeals (CA) has invalidated the lease development agreement and the environmental compliance certificate (ECC) of a consortium of energy firms proposing to put up a coal-fired power plant inside this free port.

Terry Ridon, Kabataan party-list president and lawyer of stakeholders in the Subic Bay Freeport who filed a writ of kalikasan in the CA, said the appellate court, in a Jan. 30 decision, nullified the lease development contract and ECC of the 600-megawatt coal-fired power plant of the Redondo Peninsula Energy Inc. (RP Energy) that would be built here.

Ridon, in a telephone interview on Thursday, said RP Energy has “no legal leg to stand on to proceed with the construction.”

Asked on what grounds the project was stopped by the CA, he said: “Everything [was] nullified because of no [local government] approval, no NCIP (National Commission on Indigenous Peoples] certification and violation of ECC restrictions.”

Ridon, however, said the CA did not issue a temporary environmental protection order (Tepo) because the power plant has yet to operate.

“The [Tepo] was not issued because the CA said the project was not operational yet so there’s no environmental damage yet,” he said.

The Inquirer had yet to receive a copy of the CA’s 101-page decision on Thursday. Ridon, however, read the highlights of the decision during a telephone interview on Thursday.

Subic Bay Metropolitan Authority (SBMA) Chair Roberto Garcia said he has yet to receive a copy of the decision.

RP Energy signed a lease development agreement with the SBMA on June 28, 2010, for $3.8 per square meter for 38 hectares within 50 years.

In December 2008, former Environment Secretary Jose Atienza issued an ECC for 300-MW of the power plant project. On Nov. 15, 2012, Environment Secretary Ramon Paje released an amended ECC for 600 MW.

On July 31 last year, the Supreme Court issued a writ of kalikasan against the project. Through the writ, the high court ordered the SBMA, the Department of Environment and Natural Resources, and RP Energy to answer concerns raised by groups opposing the project.

The high court did not issue a Tepo and ordered the CA to hold hearings for a final decision.

Ridon, however, said RP Energy and all parties can appeal the decision.

“But they have to start all over again. They have to stop construction in the area, or they will be violating Philippine laws. They cannot proceed without an ECC,” he said.

“RP Energy would have a hard time convincing banks to finance the project because of the costly delays. They might just pass this on to consumers, so the promise of cheap electricity is gone,” he said.

Gregorio Magdaraog, head of the Subic Bay Freeport Chamber for Health and Environment Conservation (SBF-CHEC), has asked the SBMA to enforce the court’s decision.

“[The SBMA should] revoke all permits and stop site preparations. RP Energy can no longer be allowed to damage Redondo Peninsula any further,” Magdaraog said.

“Subic stakeholders applaud the CA decision,” he said.


Follow Us

Follow us on Facebook Follow on Twitter Follow on Twitter


Recent Stories:

Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Tags: CA , coal-fired power plant , Court of Appeals , ECC , environmental compliance certificate , Kabataan partly list , Subic Bay Freeport , Terry Ridon




Copyright © 2014, .
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94
Advertisement
  1. 12 senators on Napoles ‘pork’ list, says Lacson
  2. Save the queen? Aide takes fall for Enrile, Gigi Reyes
  3. Palace prepared to charge its allies
  4. Senator’s kickback from pork bigger than those of Enrile, Estrada, Revilla – Lacson
  5. Napoles turnaround alarms whistle-blowers
  6. What Went Before: Malacañang allies alleged involvement in pork scam
  7. Napoles spills beans on Enrile, Estrada, Revilla – De Lima
  8. Timeline: Napoles tell-all
  9. HK apology: Why Estrada and not Aquino?
  10. Cedric Lee’s cohort flies out of PH despite look-out order – De Lima
  1. Napoles spills beans on Enrile, Estrada, Revilla – De Lima
  2. Gigi Reyes pins blame on aide
  3. Estrada: Gigi Reyes won’t testify vs JPE
  4. Bernice Lee arrested by NBI team
  5. Enrile chief aide back in PH ‘to face charges’
  6. ‘No real progress in PH if dynasties not dismantled’
  7. Suspect in Vhong Navarro’s mauling wants to turn state witness – De Lima
  8. Reckless driver endangered lives of Aquino, entourage–report
  9. More legal woes for Cedric Lee
  10. Henares on Pacquiao bashing: I did not start this
  1. KL confirms Malaysian Airlines Flight MH370 ended in Indian Ocean
  2. MRT passengers pass the hat for 6-year-old Ashley
  3. Rookie, lady cops lauded for quick response to MOA heist
  4. Malaysia averts another air tragedy; pilot lands troubled plane safely
  5. Revilla says he was joking; Lacson stands by his story
  6. Revilla ‘consulted’ Lacson on how he evaded arrest
  7. Cudia, dismissed for lying, got 99% in conduct
  8. Kim Henares needs a reprimand, says Cayetano
  9. Hammer-wielding robbers cause chaos at Philippines’ Mall of Asia
  10. Napoles spills beans on Enrile, Estrada, Revilla – De Lima
Advertisement

News

  • Ex-COA chief and co-accused in Arroyo plunder case nabbed
  • Kris Aquino’s ex- close in security named new Air Force chief
  • The ‘link diagram’ that killed ex-Bataan police officer
  • Cebu has hair of John Paul II and piece of John XXIII’s skin
  • LTRFB denies Victory Liner appeal
  • Sports

  • NLEX holds off Jumbo Plastic for a playoff berth
  • Pacquiao can dodge tax issues
  • F1 boss Bernie Ecclestone rejects bribery charges
  • Big Chill freezes Cafe France to arrest skid
  • Pacquiao has to go through PBA Rookie draft
  • Lifestyle

  • Gongs and southern dances star in a workshop at San Francisco Bayanihan Center
  • This woman ate what?
  • Photos explore dynamics of youths’ sexual identity
  • 12th Philippine Food Expo set at the World Trade Center
  • No tourist draw, Malang the croc will remain wild
  • Entertainment

  • Smithsonian wants photos, videos for ‘Day in the Life of Asian Pacific Americans’
  • What Garcia Marquez left behind
  • Has Ai Ai fallen deeply with ‘sireno?’
  • Sony developing live-action Barbie comedy
  • California court won’t review Jackson doctor case
  • Business

  • Metro Pacific acquires stake in Victorias
  • How ‘one percent’ economic elite was uncovered
  • Facebook profits triple as mobile soars
  • Insular Honors Sales Performers at Testimonial Rites
  • Apple increases stock buyback, will split stock
  • Technology

  • Enrile in Masters of the Universe, Lord of the Rings?
  • Top Traits of Digital Marketers
  • No truth to viral no-visa ‘chronicles’
  • ‘Unlimited’ Internet promos not really limitless; lawmakers call for probe
  • Viber releases new design for iPhone, comes to Blackberry 10 for the first time
  • Opinion

  • Editorial cartoon, April 24, 2014
  • Talking to Janet
  • Respite
  • Bucket list
  • JPII in 1981: walking a tightrope
  • Global Nation

  • Filipinos second-shortest in Southeast Asia
  • Obama to visit Filipino soldiers in Fort Bonifacio
  • Fil-Am youth conferences unite under one theme
  • Embassy advisory: Filipinos still need visas to enter US
  • No travel restriction to Mideast, DFA clarifies
  • Marketplace
    Advertisement