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Application Documents For Proposed 17 MW Upper Tabuk Hydropower Project To Be Situated at Dupag, Tabuk, Kalinga

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Republic of the Philippines

Office of the President


NATIONAL COMMISSION ON INDIGENOUS PEOPLES
Cordillera Administrative Region
Lyman Ogilby Centrum, EDNCP Compound
358 Magsaysay Avenue, Baguio City
Email Add: ncipcar@yahoo.com/Telefax (074) 422-4173

FOR : THE REGIONAL DIRECTOR

FROM : FPIC FOCAL

SUBJECT : 1ST REVIEW AND EVALUATION OF THE


APPLICATION DOCUMENTS FOR PROPOSED 17 MW
UPPER TABUK HYDROPOWER PROJECT TO BE
SITUATED AT DUPAG, TABUK, KALINGA

DATE : FEBRUARY 18, 2018

PREFERATORY STATEMENT:

This is CP application of herein DPJ Engineers and Consultants


is for their proposed 17 MW Upper Tabuk Hydropower Project.
Their said application was first submitted on June 8, 2018 along
with the attached Department of Energy Endorsement. Acting
thereto, said application went to review and evaluation and
herein applicant was made aware of the lacking documents to
cause the Field Base Investigation. Months after, on February 8,
2019 herein applicant submitted their supposed completed
application documents.

Said documents along with the previous letters were then


complied which served as the basis of this review.

CHECKLIST OF REQUIRED APPLICATION DOCUMENTS

[✓ Application Letter;
]
[✓ Endorsement from appropriate Regulating Agency/ies
] (DOE, NWRB, and NPC-if under the jurisdiction of
NPC)
*DOE Endorsement
[✓ Profile of the Applicant/Proponent;
]
[✓ Nature and Purpose of the Project;
]
[✓ Final/Complete Feasibility Study of the Project and
] Feasibility of the Transmission Lines including
System Design, Solar Layout Plan (Not Tentative/Not
Initial);
[✓ Location of the proposed project with an Indicative
] Map Showing the Names of Sitios and Barangays that
will be Affected;
[✓ Indicative Map Including the Route of Transmission
] Lines from Sub Station to Grid, Tapping Points,
Required Right of Way, Substation Layout, and
Capacity Load;
[✓ General Development Plan, Preliminary Hydroelectric
] Facility Designs;
[✓ Abstract of Proposed Project Describing the Size,
] Pace, Reversibility and Scope;
[✓ Specific Duration of the Proposed Project;
]
[✓ Preliminary Assessment of the Likely Economic,
] Social, Cultural and Environmental Effects,
Including Potential Risks and how these will be
Addressed;
[✓ Indicative Budget of the Proposed Project;
]
[✓ Profile of Persons to be Involved in the
] Implementation of the Project;
[✓ Operational Plan and Activities;
]
[✓ Securities and Exchange Commission (SEC)
] Registration or other Government Issued Certificate
of Registration;
[✓ Articles of Incorporation and By-Laws;
]
[✓ Latest Audited Financial Statement (Prepared by an
] Independent Auditor);
[✓ Additional Proofs of Financial Capacity (i.e. Cash
] and Disbursement Receipts, Bank Statement, Current
Assets and Liabilities, Financial Study)
[✓ Latest General Information Sheet;
]
[✓ Affidavit of Undertaking that Applicant/Proponent
] shall abide by the FPIC Guidelines and other
Requirements and shall Shoulder the Costs of the
FPIC process;
[✓ Special Power of Attorney (SPA) for Representatives
] or Notarized Secretary’s Certificate/Notarized Board
Resolution;
[✓ Environmental Impact Assessment (EIA) of the
] Proposed Project and the Transmission Lines;
[✓ Environmental Compliance Certificate (ECC);
]
[✓ Copy of Hydropower Service Contract; and
] *HSC N. 2017-09-743
[✓ Undertaking by the Proponent/Applicant, written in a
] language spoken and understood by the community
concerned, that it shall commit itself to full
disclosure of records and information relevant to
the plan, program, project or activity, that would
allow the community to full access to records,
documents, material information and facilities
pertinent to the same.

FINDINGS and REMARKS:

Noticeably the applicant still lacks essential documents that


would merit the Office to cause the Field-Based Investigation
(FBI). Discussion of the lacking essential documents will be
provided below;
1. On the specific duration of the project

What was submitted was the phasing stages of the proposed


project and not the specific duration of the project.
What is needed may not be the specific duration but the
closest determinable timeline of the project. (Emphasis
Supplied)

2. On the SEC Registration, Articles of Incorporation and


By-laws and Latest General Information Sheet

What was submitted by herein applicant was a DTI


Registration. It should be noted that DTI registration is
just a legal instrument for the purposed of trade and
business. SEC registration on the other hand, as far as
the interest of NCIP is concerned, is a legal instrument
in establishing juridical personality of the proponent
needed in applying for CP. (Emphasis Supplied)

3. On the Environmental Impact Assessment of the proposed


project and the Transmission Lines

What was submitted was an Environmental Impact Statement


coming from the herein applicant. What is needed on the
other hand is an Environmental Impact Assessment coming
from the Department of Environment and Natural Resources
(DENR). The same should be conducted by them.

4. On the Environmental Compliance Certificate

In cases where EIA, EIS and/or ECC are not available at


the time of the FPIC Process, the proponent/applicant
shall execute an undertaking that should the same become
available, the proponent/applicant shall furnish NCIP a
copy of the same, and undergo the FPIC process in areas
included in said EIA, EIS and/or ECC as affected areas
which were not included in the previously determined
affected area/s. (Emphasis Supplied)

RECOMMEDATIONS

1. Based in the forgoing, the Undersigned respectfully


recommends that the application documents to be remanded
back to the proponent for their compliance for the above
stated checklist while taking cognizance to the findings
regarding their application documents. Copies of the
proponent’s application documents will be docketed by the
Undersigned as reference and record purposes.

2. Also, the Undersigned recommends that a copy of this


evaluation and assessment be furnished to the proponent for
their reference and for comments and clarifications, if
there are any.

Respectfully submitted by,


ROCKY JAKE NGALOB

Cc File
FPIC Focal

Republic of the Philippines


Office of the President
NATIONAL COMMISSION ON INDIGENOUS PEOPLES
Cordillera Administrative Region
Lyman Ogilby Centrum, EDNCP Compound
358 Magsaysay Avenue, Baguio City
Email Add: ncipcar@yahoo.com/Telefax (074) 422-4173

February 22, 2019

DANIEL C. PECKLEY JR. PhD, CE


General Manager and Principal Engineer
DPJ ENGINEERS & CONSULTANTS
Bulanao HEPP Compound, National Highway
Bulanao, Tabuk City, Kalinga

SIR:

GREETINGS IN SOLIDARITY!

This pertains to your PROPOSED 17 MW UPPER TABUK HYDROPOWER


PROJECT TO BE SITUATED AT DUPAG, TABUK, KALINGA.

After thorough review and due considerations, the Office remands


back your Application for Certificate of Precondition. Please
refer to the attached review and evaluation for your information
and guidance. Please take due cognizance to the observations and
remarks made therein and make the appropriate actions or
compliance thereto.

A copy of the Application Documents will be docketed by the


Undersigned. Your submission to the lacking documents will be
then compiled with the rest should you chose to comply with the
findings.

Please have your documents completed, compiled, tabulated and


printed to three sets for greater convenience should the FBI
process commences

For your information and compliance

ATTY. ROLAND P. CALDE


Regional Director

CC File
FPIC FOCAL

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