The local government of Bakun in Benguet of the National Commission on Indigenous Peoples (NCIP) and the Bakun Indigenous Tribes Organization (BITO) on Wednesday proceeded to implement an order shutting down three hydropower plants in defiance of an instruction of the Department of Energy (DOE) for the facilities to continue generation.
In a statement, Aboitiz Power Corp. said the parties through their lawyer Jerry Marave had invoked only a court order can supersede the cease and desist order (CDO) from the NCIP.
Aboitiz said the lawyer also noted the letter from the DOE was not an instruction but “a simple reminder.”
The CDO was issued by the NCIP on June 22 for alleged irregularities of the projects in the free prior informed consent-memorandum of agreement from indigenous tribes, particularly with BITO. Aboitiz Power subsidiary Hedcor operates the 2.4 megawatts (MW) Lower Labay, the 6.15 MW FLS and the 3.6 MW Lon-oy hydro power plants.
In a letter dated June 25, the DOE ordered Hedcor to continue generating power citing the current supply scenario in the Luzon Grid as well as the agency’s mandate under the Electric Power Industry Reform Act of 2001 to ensure the quality, reliability, security and affordability of power supply especially during this period of a pandemic.