Monday, July 21, 2008 Zayco inks MOA on geothermal exploration
NEGROS Occidental Governor Isidro Zayco signed an agreement with the Energy Development Corporation (EDC) that would start the civil works for the 30-megawatt expanded geothermal exploration.
The Memorandum of Agreement (MOA) signed by Zayco and EDC allows the cutting of trees at the contentious buffer zone of the Mt. Kanlaon Natural Park (MKNP) for the geothermal exploration.
Zayco signed the MOA even without the presence of Paul Aquino, EDC's president and chief executive officer as per advice by lawyer Mary Ann Lamis of the Provincial Legal Office. A copy of the MOA was sent to Aquino in Manila via Philippine Airlines on Thursday afternoon.
"I have no choice but to sign (this) MOA because I am going to Iloilo City (Friday) to attend the Regional Development Council (RDC) meeting," the governor told Capitol reporters as he signed both the accord and an executive order (EO) to create an oversight committee that would be tasked to do the monitoring of EDC's activities at the buffer zone.
Witnessing the MOA signing were Vice Governor Emilio Yulo III, Board Members Nehemias de la Cruz Sr. (1st district), Mae Javellana (4th district) and Frederick Kho (3rd district) and Engineer Erwin Magallanes from EDC.
Lawyer Andrea Lizarez-Si, main petitioner of the class suit filed against EDC, the Department of Environment and Natural Resources (DENR) and the Protected Area Management Board (Pamb), meanwhile, expressed disgust to Zayco's decision of signing the MOA.
"It's disappointing," said Si, adding that the governor didn't heed their call for a review of MOA on the basis of their complaint filed before the Bacolod Regional Trial Court last week, seeking the issuance of a temporary restraining order (TRO) on EDC's entry to the buffer zone.
EDC, on the other hand, expressed its gratitude to Zayco for finally signing the MOA, which allows the company's expansion inside the buffer zone.
"We thank Governor Zayco and the Sangguniang Panlalawigan (Provincial Board) for standing up to what is right and what is legal," Aquino said in a press statement.
"We are grateful to the Negros business community and to all Negrenses for their overwhelming support for our project. You are the driving force behind our perseverance to expand and get more geothermal power," he added.
Zayco reiterated that his signing of the MOA has nothing to do with the class suit filed against EDC, DENR and Pamb regarding the project.
The MOA contains the nine conditions set by the Provincial Board (PB) for EDC to comply with while conducting tree cutting activities and other civil works within the allowable area of 12.9 hectares of the buffer zone for geothermal exploration, Zayco said.
These include the provisions that:
* EDC should sell power at a price lower than or equal to the alternative power projects at the time of the commencement of commercial operations of the Northern Negros Geothermal Production (NNGP) on steam from the buffer zone and for Negros Occidental shall be given utmost priority in the sale of electricity from geothermal power;
* EDC should submit to the province through the Oversight, Monitoring and Compliance Committee a detailed work program/plan and a stand and stock table covering activities in the 169-hectare buffer zone; should confine its geothermal development activities only within the metes and bounds duly delineated and established for this purpose by the DENR in coordination with the Park Board and the Oversight, Monitoring and Compliance Committee;
* Ensure that the cutting of trees with a diameter of 100 centimeters and beyond shall be limited to only 34 trees as provided for in the detailed program duly submitted to the PB, and if possible, exert all efforts to minimize the cutting of the said trees lower than 34; institute and implement a comprehensive environmental and reforestation program to mitigate the effects of the exploration inside the buffer zone, and shall involved 160,000 trees to be planted and grown over a span of five years to cover the area of about 400 hectares;
* Comply with the tagging and marking of the trees conducted by DENR in coordination with the Oversight Committee; cut trees at the buffer zone only in the presence of the members of Oversight Committee; give preference to people residing in the locality for its unskilled labor requirement in its exploration activities and; submit a quarterly report to the SP and the Oversight Committee, including an aerial photograph of the area of operation at the start of the project, after a year of operations and during the completion of the project, including a bi-annual basis reports.
EDC's entry to the buffer zone has been declared legal by the DENR as per Section 5 of Republic Act (RA) 9154, which defines the buffer zone as "an area for the exploration, development and utilization of geothermal resources as well as other exploration activities."
Signed last August 11, 2001, RA 9154 is an act establishing the Mt. Kanlaon straddling the cities of Bago, La Carlota, and San Carlos and the municipalities of La Castellana and Murcia, all in the province of Negros Occidental; and in the city of Canlaon and municipality of Vallehermoso, both of Oriental Negros, as a protected area and a peripheral area as buffer zone providing for its management and for other purposes.
"The law clearly allows our geothermal development in the buffer zone, which is different from the Mt. Kanlaon Natural Park as EDC emphasized. There should be no more doubts regarding this issue," said Aquino.
As for the class suit that Save the Mt. Kanlaon Coalition filed against EDC, DENR and Pamb, Aquino is positive that truth will prevail soon. "This is not only a case against us. This is a case against the welfare of their fellow Negrenses."
Zayco, on the other hand, said he trusts the people composing the Oversight Committee to do their jobs to strictly monitor EDC's works for the protection of the buffer zone.
Composing the Oversight Committee are Javellana as chairwoman and Board Member Edgardo Acuña as vice chairman. The members include Provincial Environment Management Officer (Pemo) Edwin Abanil, Murcia Mayor Sonny Coscolluela, Bago City Mayor Monet Torres, Provincial Legal officer Jose Ma. Valencia, EDC's representative Erwin Magallanes, Negros Forest and Ecological Foundation Inc. (NFEFI's) representative Paul Lizares and Negros Press Club (NPC's) representative Henceboy Cestina.
They will convene at the Capitol on Friday to discuss things they need to do as EDC will officially start working at the buffer zone on Saturday.
Si, however, said the fight is not yet over, and expressed confidence that Judge Rodney Bolunia would eventually grant the TRO when the class suit hearing starts on July 24.
EDC said the company is ready to counter the class suit. (EAS)
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