February 25, 2019 | 10:25 pm
THE Department
of Energy (DoE) has set a Thursday deadline for comment on a draft circular
that will set the guidelines on how electric cooperatives will be compensated
in cases when their distribution or sub-transmission lines are to be relocated
to give way to government construction projects.
The draft circular is a
follow through of a joint circular issued by the DoE and the Department of
Public Works and Highways (DPWH) that took effect on July 27, 2017.
In that circular,
jointly issued by the DoE, the DPWH, and the National Electrification
Administration (NEA), electric cooperatives (EC) are given a year to remove or
relocate any improperly placed facility in the government’s right-of-way area,
subject to compensation.
“After the lapse of the
prescribed one-year period, the NEA shall demand from the concerned EC
(electric cooperative) to relocate an Obstructing Facility at its own expense.
Otherwise, the NEA, with the assistance of the DPWH, shall relocate the
Obstructing Facility at the expense of the EC, including the imposition of
legal sanction, if any,” the 2017 circular states.
The DoE said
“notwithstanding the positive effect caused by the issuance of JC1 (Joint
Circular, No. 01), there is a need to issue a new Circular to facilitate the
relocation of Obstructing Facilities that still exist after the lapse of the
aforesaid one (1) year period.”
The draft circular will
create an inter-agency task force for the final implementation of Section 13 of
the joint circular previously issued by the DoE and DPWH.
The task force is
empowered with functions to coordinate, integrate, supervise, monitor and
evaluate the carrying out the provisions of the circular. It will be chaired by
the DoE undersecretary for power, with DPWH and DoE assistant secretaries as
vice-chairpersons. A representative of NEA is a member of the task force.
Under the draft
circular, NEA is directed to submit within the prescribed period an inventory
of all obstructing facilities nationwide. Based on the inventory, the task
force will demand that the concerned EC immediately remove the obstructing
facilities from the government’s right-of-way.
The affected EC will
then submit to the appropriate DPWH office its relocation plan to determine the
proper compensation. Within 15 days, NEA will certify whether it agrees with
the EC on the cost estimate.
Only ECs that submitted
their relocation plan by April 30, 2019 are entitled to receive compensation,
provided that all relocation activities do not go beyond Dec. 31, 2019. — Victor
V. Saulon
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