THE Department of Public Works and Highways and the Department of Energy have signed an agreement for an organized arrangement to address right-of-way conflicts affected by government infrastructure projects to avoid delays or suspension of projects.
A joint circular signed by Public Works Secretary Mark Villar and Energy Secretary Alfonso Cusi provides uniform guidelines for the payment and relocation of Electric Cooperative facilities affected by government projects.
Villar said the circular would address issues that cause delays and prevent road works from proceeding such as the presence of electrical utilities and right-of-way problems.
“The joint circular with DoE is just a systematized way of addressing RoW conflicts between two entities that promote development. We aim for timely implementation of government projects, at the same time aid electric cooperatives that play critical role in household electrification,” Villar said.
“Under the guidelines, programming or planning of upcoming DPWH projects like roads, bridges, flood-control structures, and government buildings will have to be coordinated with the National Electrification Administration and electric cooperatives to address RoW concerns,” according to DPWH Undersecretary Karen Jimeno.
The DPWH, prior to the preparation of its budget for a proposed government project, will have to inform in writing the concerned electric cooperatives that their facilities will be affected, with copy furnished to DoE and NEA, and to be followed by a joint survey and assessment of both parties.
Within 30 days after the joint survey, electric cooperatives shall submit to the DPWH the proposed program of work for the affected facility with cost estimate duly certified by NEA, and bill of materials.
The DPWH will determine within 10 calendar days the proper compensation or relocation cost which amounts to present value of relocation of facility based on the NEA equipment and materials price index, less depreciative cost, plus dismantling or removal and disposal cost.
The goal will strictly observe and maintain easements and to relocate or compensate improperly located electric cooperative facilities within government’s right of way.
The electric cooperative shall receive 50 percent of the cost of compensation prior to the removal of an affected facility and in case of disagreement or failure to execute Relocation Agreement within 15 days, DPWH shall deposit the 50 percent cost of compensation to NEA.
Failure of electric cooperative to remove the affected facility will permit DPWH to immediately relocate the affected facility and, in case the electric cooperative causes the delay in removal, DPWH can deduct 10 percent per day of the relocation cost until the removal of the affected facility.