Cited Laws
Accordingly, an Addendum to the said MOU was executed by SBMA and RP Energy. [13] RP Energy then contracted GHD Pty, Ltd. (GHD) to prepare an Environmental Impact Statement (EIS) for the proposed coal-fired power plant and to assist RP Energy in applying for the issuance of an ECC from the Department of Environment and Natural Resources (DENR). [14] On August 27, 2008, the Sangguniang Panglungsod of Olongapo City issued Resolution No. 131, Series of 2008, expressing the city governments objection to the coal-fired power plant as an energy source and urging the proponent to consider safer alternative sources of energy for Subic Bay. [15] On December 22, 2008, the DENR, through former Secretary Jose L. Atienza, Jr., issued an ECC for the proposed 2x150-MW coal-fired power plant. [16] Sometime thereafter, RP Energy decided to include additional components in its proposed coal-fired power plant. Due to the changes in the project design, which involved the inclusion of a barge wharf, seawater intake breakwater, subsea discharge pipeline, raw water collection system, drainage channel improvement, and a 230kV double-circuit transmission line, [17] RP Energy requested the DENR Environmental Management Bureau (DENR-EMB) to amend its ECC. [18] In support of its request, RP Energy submitted to the DENR-EMB an Environmental Performance Report and Management Plan (EPRMP), which was prepared by GHD. [19] On June 8, 2010, RP Energy and SBMA entered into a Lease and Development Agreement (LDA) over a 380,004.456-square meter parcel of land to be used for building and operating the coal-fired power plant. [20] On July 8, 2010, the DENR-EMB issued an amended ECC (first amendment) allowing the inclusion of additional components, among others. [21] Several months later, RP Energy again requested the DENR-EMB to amend the ECC. [22] Instead of constructing a 2x150-MW coal-fired power plant, as originally planned, it now sought to construct a 1x300-MW coal-fired power plant. [23] In support of its request, RP Energy submitted a Project Description Report (PDR) to the DENR-EMB. [24] On May 26, 2011, the DENR-EMB granted the request and further amended the ECC (second amendment). [25] On August 1, 2011, the Sangguniang Panglalawigan of Zambales issued Resolution No. 2011-149, opposing the establishment of a coal-fired thermal power plant at Sitio Naglatore, Brgy. Cawag, Subic, Zambales. [26] On August 11, 2011, the Liga ng mga Barangay of Olongapo City issued Resolution No. 12, Series of 2011, expressing its strong objection to the coal-fired power plant as an energy source. [27] On July 20, 2012, Hon. Teodoro A. Casiño, Hon. Raymond V. Palatino, Hon. Rafael V. Mariano, Hon. Emerenciana A. De Jesus, Clemente G. Bautista, Jr., Hon. Rolen C. Paulino, Hon. Eduardo Piano, Hon. James de los Reyes, Hon. Aquilino Y. Cortez, Jr., Hon. Sarah Lugerna Lipumano-Garcia, Noraida Velarmino, Bianca Christine Gamboa Espinos, Charo Simons, Gregorio Llorca Magdaraog, Rubelh Peralta, Alex