interesting dam developments
#16458
04/04/03 12:19 PM
04/04/03 12:19 PM
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Joined: Oct 1999
Posts: 83,488 oregon, spr
Marty
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OP
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Dear friends of the Macal River Valley,
I know that war has distracted attention from many efforts to protect the environment. I'm writing, however to update you on the movement to save the Macal River Valley (see below). Please feel free to contact me, or any of the other members of the international effort for more info. or details.
On Monday, the Belize Appeals court ruled in the case against the environmental approval of the dam. While the court did not overturn the approval for the project, it did open the door to an appeal to the Privy Council in England. BACONGO will file this appeal shortly. In addition to this and other legal actions, Fortis is being questioned at home in Newfoundland about dubious accounting practices.
We need to maintain a concerted effort in the next couple of months--Fortis faces the rainy season in June, and has said in court that if it doesn't build this year, the project will likely never be built.
--Ari
Ari Hershowitz Director, BioGems Project, Latin America Natural Resources Defense Council (202) 289-2388 1. Belize groups to take case to Privy Council in England: Belize Appeals Court Fails to Overturn Dam Approval 2. Fortis/BECOL operating without a licence: application to utilities commission challenged as illegal 3. Consumers question $15 million taken by Fortis in Newfoundland 4. Fortis plans to hire Three Gorges Dam builder for Chalillo
1. Belize groups to take case to Privy Council in England: Belize Appeals Court Fails to Overturn Dam Approval
On Monday, March 31, Belize's Appeals court upheld the Supreme Court's decision not to overturn the government's environmental approval of plans to dam the Macal river in the country's rainforest. The Appeals court judges said that they disagreed with many of the findings of the Supreme Court, but decided not to overturn the decision. BACONGO, the organization of conservation groups which brought the lawsuit, will appeal the case, and file for an injunction to stop dam construction. If built, the dam would flood the Upper Macal River Valley and destroy key habitat for rare and endangered wildlife, including the jaguar, the tapir (Belize's national animal), and a subspecies of scarlet macaw numbering fewer than 200 in Belize.
In his December decision, Chief Justice Abduleh Conteh had ordered the government to hold a public hearing, but did not invalidate the government's decision to grant environmental approval for the project. In its ruling Monday, the Appeals court said that it disagreed with many of the findings of the Chief Justice, but would also not overturn the government's environmental approval. However, the court also found that this case clearly involves an issue of major public interest, and indicated that it would give permission for the case to be heard before the Privy Council. Following five days of arguments, involving thousands of pages of evidence, the Appeals court justices returned their judgement after a recess of just 12 minutes. Lois Young, a senior attorney representing the Belize Alliance of Conservation NGOs (BACONGO), pointed out the gross inadequacies of the environmental review of the dam, including inaccurate information about the geology of the dam site, major gaps in information about the ancient Maya sites that would be flooded, and a lack of wildlife studies. Ms. Young showed that the environmental assessment itself, and the government technical committee underscored all of the deficiencies in the assessment, and yet voted to approve the project. Co-counsel Dean Barrow argued that it was unreasonable for the government to hold a public hearing after it had already approved the project, and asked the court to overturn the decision and order a fair public hearing. The Department of Environment was represented by Solicitor General E. Kaseke, and BECOL, a subsidiary of Fortis, Inc. of Canada, was represented by Michael Young (no relation to Lois Young). The court has not given its reasons for the decision, and will present these when it returns to Belize in June.
The company's legal troubles are far from over, however. In addition to the environmental case now on its way to the Privy Council, groups in Belize point out that the company is operating an existing hydroelectricity dam without a licence, despite the legal requirement for all electricity generators to have one. They maintain that it would be illegal to build the dam without going through the licensing process. The Belizean groups will likely seek an injunction to bar BECOL, the subsidiary of the billion-dollar Canadian power company Fortis, and proponent of the dam project, from moving ahead with the project.
The struggle over this project landed in Belize's courts more than a year ago. Fortis had announced that it would start construction on the dam at the start of Belize's dry season in January 2002, but was blocked from doing so when Belizean groups sued over the government's failure to hold a hearing and gather important information on the dam's impacts. This year, again, Fortis planned to start building in January, but held off when Belize's Supreme Court ordered the government to hold public hearings on the project.
BACONGO's appeal to the Privy Council will be filed in the next couple of weeks. It is not unusual for the Privy Council to overrule a decision of the Appeals court on a matter of public interest. "What is at stake in this case is no less than the public's right to a fair hearing, and we are confident that we will be vindicated," according to Matola.
2. Fortis/BECOL operating without a licence: application to utilities commission challenged as illegal
BACONGO has written to the Public Utility Commission of Belize to challenge the illegal status of Fortis' Belizian subsidiary, BECOL, which has been operating the existing Mollejan dam on the Macal y without a licence. All electric generators in Belize above 75 kilowatt capacity (BECOL's dam is about 3000 times bigger). BACONGO also pointed out that the PUC cannot even consider the current application of Fortis/BECOL for permission to build Chalillo dam until it first grants a license to BECOL. Under Belizean law, the PUC must fully consider economic, environmental, and social factors and should provide an opportunity for a public hearing.
3. Newfoundland Public Utility Board hearings to address Chalillo dam
Greg Malone, a satirist and Newfoundland advocate who has worked with groups to oppose the Chalillo dam, will testify before Newfoundland's Public Utilities Board about the inequities of Fortis' dealings in Belize, and the risks associated with its proposed dam project. Credit rating agencies have warned that risks taken by Fortis could lower its credit ratings in the next few months. This would also affect Fortis' subsidiaries in Canada and end up raising their electricity bills.
Newfoundland's consumer advocate has questioned Fortis' practices at home in a month-long inquiry before the Public Utilities Board. Fortis is applying for a rate increase, which is being vigorously opposed by the consumer advocate, and by many customers in Newfoundland. During the hearings, it came to light that Newfoundland Power, a Fortis company, had requested (and received) millions of dollars for "expenses" than the company was entitled to. Even though the later expenses turned out to be $15 million lower than Newfoundland Power had projected, the company ended up keeping the difference.
4. Fortis plans to hire Three Gorges Dam builder for Chalillo
We have recently learned-from a statement by BECOL CEO to Belizean television-that Fortis is contracting with C.W.H.E.C, a Chinese company, to build the dam. C.W.H.E.C. is the national hydropower construction company in China, responsible for construction of the controversial dam in China. The company has also been involved in charges of gaining contracts through corruption in Bangladesh, on a project that ended up costing millions more because the engineering was not done right for the geological conditions of the dam site.
Fortis had resisted for months making public the identity of the potential contractor for this project.
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Re: interesting dam developments
#16459
04/04/03 02:29 PM
04/04/03 02:29 PM
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Joined: Dec 2000
Posts: 256 Belize City, Belize
mayatravel
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Hey Ari,
You neglect to mention that a third dam at Rubber Camp will have to be constructed to make Chalillo operational. Chalillo has to be built to make Mollejon operational.
The three dams are interdependant upon one another and one won't work without the other two. Those costs have to be factored into the total viability of the project. Along with the engineering obstacles regarding the foundation at Chalillo and possibly at Rubber Camp.
Then ask, will this work and is the cost and destruction of habitat worth the benefits we'll derive from it.
Maya Travel Services
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Re: interesting dam developments
#16461
04/17/03 12:05 PM
04/17/03 12:05 PM
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Anonymous
Unregistered
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Anonymous
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Sorry but most people i talked with in the cayo area are for the dam,the main reason is to help with floods.The company you all talk about will not make a dime on this dam,it is a good will thing not a money thing!Will it be good or bad?Only time will tell.
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Re: interesting dam developments
#16465
04/18/03 12:23 AM
04/18/03 12:23 AM
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Joined: Jun 2002
Posts: 278 Willard, Mo.,USA
Mel S
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With the easterly winds coming off the caribbean sea every caye could have several wind mills producing energy for the inhabitants. The interior has strong bright sunrays hitting against the solar panels. With some technology coming through a international developing agency, could solve some of the energy problems. Maybe it's just a pipe-dream, or can it happen ? Mel
Mel Sinderman
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