The Supreme Court has paved the way for the continuation of the 600-megawatt coal-fired power plant project of Redondo Peninsula Energy Inc. (RP Energy) in Subic.
In its en banc session Tuesday, the SC set aside the ruling issued by the Court of Appeals on January 30, 2013 and its resolution dated May 22, 2013 which granted the petition for the issuance of a writ of kalikasan sought by militant organizations led by Teddy Casiño, Raymond Palatino, Rafael Mariano, Emerenciana De Jesus.
In issuing the writ of kalikasan, the appellate court nullified the environment compliance certificate (ECC) issued by Environment Secretary Ramon Jesus Paje.
“The January 30, 2013 decision and May 22, 2013 resolution of the Court of Appeals are reversed and set aside. The petition for writ of kalikasan is denied for insufficiency of evidence,” the SC held.
“The high court also upheld the validity of the ECC issued by the Department of Environment and Natural Resources on December 22, 2008 in favor of Redondo Peninsula Energy, Inc.
The SC also affirmed the legality of the June 8, 2010 lease and development agreement between Subic Bay Metropolitan Authority and Redondo Peninsula Energy Inc.
The petitioners argued that the ECC was issued without complying with the condition of affected people and without prior approval of the local government units.
They also claimed that power plant’s capacity upgrade to 600 MW from 150 MW is prohibited because—according to the firm’s ECC cannot expand their energy capacity without an environmental impact assessment.