riggs affid on geothermal development within the mknp-1

8/7/2019 Riggs Affid on geothermal development within the MKNP-1

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REPUBLIC OF THE PHILIPPINES)

C I T Y O F B A C O L O D) SS.

x--------------------------------------x

AFFIDAVIT

ERICSON ALARCON of legal age, married, and a resident of Bacolod City, after being sworn

in accordance with law, deposes and states:

1. He and his two sons Christian Alarcon and Benedict Xander Alarcon are plaintiffs in the

instant case against Energy Development Corporation and DENR Secretary Jose Lito

Atienza, Jr.;

2. From March 2005 to August 2005 he underwent a 6 month training course on GeographicInformation System (GIS) in Hochscule Karlsruhe (University of Applied Sciences),

Germany. From said course he learned how to acquire geographic data, visualize maps for

presentation and analyze spatial information. Since the training, his work in the University

of St. La Salle involves participatory GIS in several communities.3. Because of his training, on May 16, 2008 he represented Green Alert during the ground

survey of the area to be affected by the development plan proposed by EDC.4. During the survey of the area, affiant confirmed that as shown by figure 6 (Annex A

hereof) of the biodiversity study (p. 19 of the Maunsell Study) proposed well pad 2 in the

buffer zone is adjacent (within a proximity of 17 to 25 meters) to the present boundary of

the strict protection zone of the MKNP as defined by R.A. 9154.5. The location of Well pad 2 is in accordance with EDCs plan to use directional drilling

from the buffer zone into the protected area of the MKNP. This intention is evident from

the following declarations/admissions in EDCs Proposed Development andEnvironmental Management Plan for the Geothermal Energy Development within MKNP

Buffer Zone:

a. Based on latest MT data, the center of the geothermal resource is postulated to be

located further southeast of Pataan into the Jardin Sang Balo sector, which is already

within the confines of MKNP (Figure 2, annex B hereof). However, since RA 9154 does

not allow any geothermal activity inside the park, all geothermal wells at NNGP were drilled

outside the MKNP. Such scenario limits the deep wells from reaching the hotter portions of the

geothermal resource. Hence, there is a need to drill inside the buffer zone to access said

portion. (page 5, emphasis supplied).

b. Well Pad Construction.

Only one cellar, 55 meters x 3.5 meters shall be constructed within Well pad 2, which willaccommodate 4 wells. Wells shall be drilled directionally towards east to southeast to

access the resource (Figure 2, Annex B). If the well drilled towards the eastern most of

the pad prove that the geothermal resource extends farther to the east or northeast of the

geophysical anomaly, drilling of additional production wells may be pursued to the

northeast of Pad M1, hence said pad will also be developed. (page 17, emphasis supplied)

c. On Drilling:

Basically, there are two types of well drilling, namely: vertical and directional drilling. Vertical

drilling involves drilling from surface to total depth in an almost vertical direction, with a

controlled deviation within 20 to 30 ffrom the vertical. The other is directional drilling, where

the geothermal well is curved or deviated from the vertical axis to as far as 1.5 kilometers(Figure 9, annex C hereof). . . . .This strategy, which eliminates the need for additional

surface clearing and development, shall be adopted in drilling the wells in the buffer zone.

(p. 19 emphasis supplied)

d. Figure 9 (annex C) in EDCs Proposed Development and Management Planillustrates directional drilling. The illustration shows that the curved well going under

an open field and a populated area. In EDCs case, the east and southeast directions of


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its proposed wells in well pad 2 will enter up to 1.5 kilometers into the strict protection

zone of the MKNP.

6. The energy resource is, by EDCs own admission and declaration, within the MKNP.

EDCs development, exploitation, and utilization of this energy resource found within the

MKNP is a direct violation of R.A. 9154 and R.A. 7586, provisions of which are asfollows:

a. RA 9154, in establishing the 169 hectares as a buffer zone, states in Sec. 5:

x x x x

x x x x

Any geothermal exploration for or development of energy or mineral resources

within the MKNP shall not be allowed except by an Act of Congress. (emphasis

supplied)

b. Republic Act. No. 7586 or the National Integrated Protected Areas System Act

of 1992 (NIPAS Act of 1992) states in Sec. 14:

Section 14 Survey of Energy Resources. . . .Any exploitation and utilization of

energy resources found within NIPAS areas shall be allowed only through a law

passed by Congress.

7. The biodiversity study commissioned by EDC describes on pages 36 and 37 the negative

impact of the various activities EDC will undertake immediately beside the protected area,

in order to develop, utilize, and exploit the geothermal resource within the MKNP: During

well drilling, noise associated with drilling could drive away wildlife. Drilling fluids mightcome in contact with potable water table or make its way to rivers and small creeks. The

construction of additional thermal ponds, quarry, spoil disposal areas and sludge pits willlead to further reduction of forest. During well testing, the discharge of initial steam to theatmosphere can affect vegetation within the well pad vicinity leading to possi

defoliation of trees. When the power plant operates, gaseous emissions can affect

vegetation within the well pad vicinity. Noise associated with blow-off could drive awaywildlife. Liquid discharges could make their way to the river in between the two wellpads,

affecting riparian fauna. Accumulation of amorphous silica/scales formed in the reinjection

pipelines might make its way to rivers and creeks, affecting riparian fauna.

8. Where effect on wildlife is concerned, the Maunsell Biodiversity study commissioned by

EDC (p. 43) issues a clear warning:

Loss of habitat has been identified as the primary reason for the high number of threatened species

found in the Philippines, so high that the country ranks as having one of the highest number of

threatened species in the world (Ong et al., 2002). Negros Island, in particular, has experienced

massive deforestation over the last 100 years so that forest areas have been fragmented and reduced

to smaller areas that are confined solely on mountain ranges, as mentioned earlier. In turn, this losshas resulted to a high proportion of wildlife species under the IUCN threatened categories

(Critically Endangered, Endangered and Vulnerable). Furthermore, given the highly reduced size

of remaining forest, the presence of threatened species might be an indication of impending effects

of time-lag, which is described as the time between habitat loss and subsequent (and possiblysudden) extinctions of associated fauna due to loss and fragmentation of their habitat (Magsalay et

al., 1999).

On a micro scale, clearing of vegetation within the 169-hectare buffer zone could mimic the habitat

fragmentation that has already happened for the rest of the Philippines. Perhaps the project

component that would cause major impact within the 169-hectare buffer zone is the clearing of

vegetation associated with the access road and pad construction.

Considering all possible mitigating measures, there would still be the inevitable effect of the

vegetation clearing to wildlife. . . .


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9. R.A. 9154s Statement of Policy declares:

Sec. 2. Statement of Policy. Considering the diversity of Mt. Kanla-ons biological resources

and its aesthetic, socio-cultural, economic, and ecological to the Island of Negros, it is hereby

declared the policy of the State to ensure its protection and conservation including its

communities of people and their culture and way of life insofar as they are in harmony with

nature. The protection and conservation of MKNP shall be pursued through sustainable and

participatory development, advancing and protecting the interests of its legitimate inhabitants,

and honoring customary laws in accordance with Republic Act No. 7586 or the National

Integrated Protected Areas System (NIPAS) Act of 1992, Republic Act No. 8371 or the

Indigenous Peoples Rights Act (IPRA) of 1997, and international conventions to which thePhilippine is a signatory.

10. The well pad beside the protected area and the wells intruding 1.5 kilometers into the

protected area are hardly the extra layer of protection around the protected area, that the

buffer zone is supposed to be under the NIPAS law

Buffer zones are intended to provide an extra layer of protection around the protected area

while also providing livelihood opportunities based on sustainable resource utilization.

(Section 6 Establishment of Buffer Zones)

11. The well pads immediately beside the protected area are inconsistent with R.A. 9154,which gives primary consideration to the protection and conservation of the protected area

to ensure the efficient protection of habitats, fragile ecosystems, and unique areas.

Article II, Section 9, Zoning. - Zones shall be established within the MKNP giving primary

consideration to its protection and conservation. Zoning shall also take into account the tenurial

and livelihood concerns of communities to ensure the efficient protection of habitats, fragile

ecosystems, and unique areas.

12. The adverse effects, disastrous consequences, serious injury and irreparable damage of

deforestation to the present generation and to generations yet unborn are evident andincontrovertible.

13. When the imminence of legal violation rears its ugly head, the court must prevent the

violation without delay. The clear and present danger requiring the issuance of injunction

cannot be more manifest than in this instance when, by its own statements, EnergyDevelopment Corporation admits to an act or acts which, if committed or allowed to be

performed will surely constitute a violation of specific provisions of R.A. 9154, the NIPAS

Act, and Plaintiffs constitutional right to a healthful and balanced ecology.

14. This affidavit is executed to attest to the truth of the statements contained herein and tosupport plaintiffs prayer for a Temporary Restraining Order and a Preliminary Injunction.

IN WITNESS WHEREOF, affiant has hereunto affixed his signature this ____ day of July

2008 in the City of Bacolod.

ERICSON ALARCON

Affiant

SUBSCRIBED AND SWORN TO before me, this ____ day of July, 2008 in the City ofBacolod, by affiant with community tax certificate no. ___________ issued in Bacolod City on

__________________.

Doc.No._____; Page No._____;

Book No.____; Series of 2008

riggs affid on geothermal development within the mknp-1

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