Friday, July 25, 2008 Hedcor's ECC application put on hold By Grace L. Plata
THE Environmental Management Bureau (EMB) issued an order to temporarily hold the processing of Hedcor's environmental compliance certificate (ECC) application for the proposed mini-hydropower plants using portions of Tamugan and Panigan Rivers.
In EMB's letter to Hedcor president and Chief Operating Officer (CEO) Rene Ronquillo, it cited the rightful jurisdiction of the National Water Resources Board (NWRB) on the matter of water rights -- the main reason of the Davao City Water District (DCWD) for opposing Hedcor's ECC application.
DCWD has prior right over the use of Tamugan River by virtue of water permit 15729 issued on May 27,1997.
The water utility also said the project will have adverse effects to its proposed use and development of the surface water of Tamugan River, thus bringing the protest to the NWRB.
In response, Hedcor said the issue is currently addressed by NWRB.
Hedcor believes the issuance of the ECC should not rely as to when the water rights issue be resolved since this does not involve serious environmental impacts.
DCWD, however, disagreed saying "by capturing and diverting the headwater's base flow on both the Kidali and Panigan Rivers may render all connecting channels downstream with partially dry to dry conditions."
EMB said that after it's review of the records, it supported the issues raised by DCWD.
"It pertains to the use of surface waters of Tamugan and Panigan Rivers. Said surface water is also the lifeline of the proposed hydropower project of Hedcor.
Clearly, under the principle of "primacy of jurisdiction," NWRB is the proper agency to rule on the issue of water rights," EMB-Southern Mindanao director Metodio Trubella said in the letter.
Turbella said EMB has to yield to the process being conducted by NWRB, thus it rules to temporarily suspend the ECC application process of Hedcor.
Earlier, Councilor Danilo Dayanghirang said a "win-win" solution to the Hedcor-DCWD tiff is possible as they are going to utilize different levels of the river for respective operations.
Dayanghirang also said that DCWD cannot continue using the "argument on water rights" as it has failed to develop it and included DCWD's inability to provide potable water to nearby residents.
Councilor Leonardo Avila III said this recent development gives a new perspective how the council will act on Hedcor's proposal.
"This means we have to be cautious in our decisions. Study all options. Development without sacrificing environment," Avila said.
However, in a statement issued and published April 2008, Hedcor said its proposed seven-megawatt Suawan plant had already secured an ECC from the DENR last March 19 after having complied with Presidential Decree No. 1586, requiring the establishment of an environmental impact statement system and environmental management measures for the construction of the power plant.
According to Hedcor, one of the requirements of the ECC is a Free and Prior Informed Consent from the indigenous people community, which they said they completed in October 2007.
"It took us about two years, but with the support of the community leaders and concerned government agencies, we were able secure the required permits. We can now proceed with the construction of the Suawan plant, which will take another two years," Hedcor vice president for Mindanao Operations Gregorio Jabonillo said in the same statement.
The Suawan run-of-river hydropower plant is part of Hedcor's P6-billion, 34.5-megawatt Tamugan Hydropower Project. The project consists of the construction of two other hydropower plants -- the 20-megawatt Tamugan AB and 7.5- megawatt Panigan -- all within the Baguio and Marilog Districts of Davao City. (With Sunnex)
