Sunday, July 16, 2017

SC is new battleground for coal fight in the Philippines

SC is new battleground for coal fight in the Philippines

The case docketed before the Supreme Court will simply be called Ortega vs
the DoE and DENR – a petition for mandamus filed by civil society groups
that aims to stop the construction of new coal-fired power facilities
throughout the country.

Ortega is Toribio Ortega Jr, a 79-year old retired engineer from Palawan who
was among the ranks of civil society and community groups that spearheaded
his hometown Aborlan's successful fight against a coal-fired power plant
project.

The legal action filed by the group of petitioners on June 30, 2017, was a
petition for mandamus, a legal instrument that sought to hold the two
government agencies accountable for their supposed failure to uphold the
provisions of the country's special laws that address climate change,
specifically the Clean Air Act and the Renewable Energy Act. (READ:
Environment groups file case vs DENR, DOE over coal plants proliferation)

As the government continues to rely on coal-generated electricity as a cheap
but environmentally harmful technology to address the country's power needs,
the fight against coal fossil energy in the Philippines has mostly been
staged in localized battlefronts including the island province of Palawan.
(READ: The future of coal-fired power plants)

In 2015, Engineer Ortega and his townmates successfully blocked the initial
plan of DMCI Powers Incorporated, a major industry player which runs the
Semirara coal mines in Antique, to put up a 15-megawatt facility, utilizing
sheer people power as a tactic. (READ: Court blocks Palawan DMCI coal plant)

Civil society groups are pinning their hopes on the High Court to, at the
very least, issue a protection order stopping the construction of new
coal-fired power plants nationwide, in their bid to push the government to
be more proactive in pursuing renewable energy alternatives.

"About 70% of power projects to go online in 2019 will be from coal. This
means by 2021, coal supply will be at least 50% of our energy needs," said
Gerry Arances, convenor of Manila-based Center for Energy, Ecology, and
Development.

The petitioners have accused the national government agencies of failing to
perform their assigned duties to promote renewable energy and to regulate
pollution emissions of coal facilities according to the standards set by the
Clean Air Act.

"They (DENR and DoE) are not implementing the laws they are mandated to do,"
said Ortega.

"We were glad that Secretary Lopez took a stand against coal but the
government, in general, did not adopt it and has now instead continued
relying on it," he added in Filipino.

Ortega pointed out that they decided to undertake the legal action after the
Cabinet appointment of former DENR Secretary Gina Lopez was blocked by the
Commission on Appointments. Lopez had then declared her department's
opposition to new coal projects and had categorically denied the issuance of
an environmental compliance certificate (ECC) to the Palawan coal project.

The petition has centered on the DENR and DOE's supposed failed
responsibility in upholding relevant environmental laws.

"The DOE has neglected its duty under the Renewable Energy Act to formulate
Renewable Portfolio Standards Rules and to establish the Green Energy
Options Program. The DENR, for its part, has neglected its duties to revise
emission standards, designate attainment and non-attainment areas, prescribe
effluent standards, and to administratively prosecute coal plants operating
without the Continuous Emission Monitoring Systems and Continuous Emission
Opacity Systems as required by the Clean Air Act," the petition stated.

Coal dependence, risks

Coal plants account for 34.6% of the country's 21, 423-MW total installed
generating capacity, and 38.6% of the 19,097-MW total dependable capacity as
of end-2016, data from the Department of Energy showed.

In fact, the Philippines landed on the top 30 countries worldwide that
depend so much on coal, according to the report Boom and Bust 2017: Tracking
The Global Coal Plant Pipeline, released last March by international
environmental organizations Greenpeace, the Sierra Club, and CoalSwarm.

The practice of burning fossil fuels, especially by coal-fired power
facilities, has become more pronounced as it slowly heats up the world,
triggering climate change that gives rise to erratic weather patterns, sea
level rise submerging low-lying islands, and nature's generation of stronger
typhoons and other climate-related hazards.

In a 2007 Greenpeace study, Palawan ranked second in the top 20 provinces
considered vulnerable to sea level rise. The study revealed that an area
covering 6,428 hectares of flatlands is vulnerable to a 1-meter rise in sea
level, threatening human settlements, tourist hubs, and vital ecosystems
such as mangroves and coral reefs.

Come heavy rain only brought by a low pressure and low-lying areas in
southern and central Palawan are inundated by flood waters. In fact, the
Provincial Climate Change Action Plan 2017-2023 has estimated that 73,201
people are exposed to high level of risk to flooding, with the towns of
Balabac, Bataraza, and Puerto Princesa City being the most vulnerable.

The Paris Agreement, a global effort signed by the Philippines to address
climate change, has set a goal of limiting global average temperature
increase to well below 2°C and pursues efforts to limit it to 1.5°C. For its
part, the Philippine government has vowed a 70% reduction in carbon
emissions by 2030 and a 15.3GW renewable energy target. (READ: Duterte signs
Paris climate deal)

"The health of the people around (the coal power plants) deteriorates. The
fishery and agricultural resources are adversely affected, and the coal
plant doesn't pay for these negative externalities. That's why it's cheap
energy – it's the people that subsidize the costs for the coal," former
environment secretary Gina Lopez said in an interview prior to addressing
the 22nd Conference of Parties in Morocco in 2016. (READ: Coal power plants
in Bataan commit human rights violations)

Palawan coal fight continues

Ortega and other Palawan civil society groups believe that Lopez' recent
replacement as DENR secretary has emboldened DMCI to revive its coal project
in Palawan despite having already faced two rejections by communities in
Aborlan and in Narra town. (READ: DENR approval next hurdle for DMCI coal
plant in Palawan)

The company claims its project is the only solution to the long-term
electricity supply problem of Palawan. DMCI's contract with Paleco inked in
2012 allows the power provider to sell to the cooperative 25-MW of baseload
electricity using its Semirara coal in Antique as fuel. (READ: DMCI wins bid
for 25-mw diesel power plant in Palawan)

"To date, we have not been allowed to construct the coal plant which would
have addressed the power reliability issue in Palawan. For the last 5 years,
we have been urging the concerned government units and agencies to approve
the construction of our 15-megawatt coal plant to prevent a massive power
shortage in the province," DMCI said in a statement in May.

Lopez had rejected the DMCI power plant in Palawan, but the company has
recently pursued an action before the DENR now headed by a newly designated
secretary, former army general Roy Cimatu, to secure an ECC for its project.


Cimatu has recently reversed an earlier department order issued by Lopez
restricting the department's regional offices from issuing ECCs, a move that
the previous administration had hoped will ensure proper vetting of
environmentally critical projects before they are given the green light.

The Palawan Electric Cooperative (Paleco) which had contracted DMCI to
supply them cheap and reliable power supply, said it is anticipating a
decision from the DENR on the fate of the Palawan coal project.

Paleco Board chair Jeffrey Tan Endriga sees Cimatu's recent move to reverse
Lopez' strict handling of ECC issuance "a favorable development."

"We are waiting for the DENR's reply (to a letter Paleco sent two weeks ago)
asking whether they (DMCI Power) will be given an ECC or not. Just in case
that they will not get a permit, that's another issue to be discussed,"
Endriga said.

Renewable energy options

Environmentalists have long been drumming up the government to allow
renewables to take over the country's energy mix and resist its dependence
on fossil fuels.

In Palawan alone, technical studies conducted by the provincial government
itself showed that renewable energy to be the cheapest source of power,
based on the Palawan Island Power Development Plan (PIPDP) 2015-2035.

"Palawan is in a unique position to lead the clean energy revolution in the
country, it can lead the way for other provinces to follow," said Cynthia
Sumagaysay-del Rosario, a lead campaigner of Palawan Alliance for Clean
Energy (PACE).

"We are so rich with renewable energy (RE) sources such as hydro, a fact
that has been backed up by proper studies and now embodied in PIPDP," she
added.

The provincial plan has identified potential hydroelectric projects in
Palawan with an estimated capacity of 182.47 megawatts, which can provide
energy supply of up to 959 gigawatt hours.

"As recommended by PIPDP, the wisest decision that our leaders can make for
Palaweños is to integrate renewables in our energy mix," Sumagaysay-del
Rosario said.

"Energy from hydro will make the energy cheap for us; it is good for the
green reputation of Palawan, and it will save the country a lot of money
because we will no longer need a subsidy from the national government," she
added, emphasizing the move as "a win-win for everyone."

Two months before the May 2016 polls, Palawan Governor Jose Alvarez appealed
to the DOE to fast-track the approval of the applications for renewable
energy (RE) projects in the province.

"To tell you very honestly, we are really discouraged on why the process of
application and approval takes a very long time," Alvarez, also the Palawan
Council for Sustainable Development chairman, told DOE Energy Resource
Development Bureau Assistant Director Ismael Ocampo during the 223rd Regular
PCSD Meeting on March 31.

Renewables currently make up for 31.4% of the country's installed capacity
in 2016, DOE's data showed.

Environmentalists believe that winning the battle versus coal at the Supreme
Court, and letting renewables flourish not only in Palawan but all over the
Philippines is a big stride towards the realization of the country's
commitment under the Paris climate deal.

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Link to Original Article:
http://www.rappler.com/nation/175637-sc-new-battleground-coal-fight-philippi
nes

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John Diecker
APT Consulting Group Co., Ltd.

www.aptthailand.com

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