The operator of the country’s electricity grid is pushing for the resolution of longstanding disputes over so-called “rights of way” which prevent it from clearing the land around its transmission facilities of informal settlers.
According to National Grid Corporation of the Philippines, some informal settlers make it a point to occupy the empty lots around its steel towers—meant to be kept clear of structures as a safety buffer—and even prevent the company’s maintenance personnel from approaching the facilities unless “access fees” are paid to these illegal occupants.
“Communities may experience power outages as a result of various obstructions close to our transmission towers and lines,” NGCP said in a statement. “Not only do these interrupt the delivery of power, they may also endanger the lives of people.”
As the country’s sole operator of the power grid, NGCP has the mandate and legal right to build transmission facilities on property taken for public use.
The firm recommends the appropriate right-of-way clearances depending on the voltage levels passing through specific towers. A tower facilitating the distribution of 500 kilovolts of electricity, for example, must have a vertical clearance of 17 feet and a horizontal clearance of 65 meters, while a tower facilitating 230 kV of electricity must have horizontal clearance of 40 meters.
“The recent incident involving a felled tower in Alabang is a clear illustration of our right-of-way challenges,” NGCP said. “The tower fell as a result of a fire that started with the informal settlers at the base of the tower. While we have constructed a permanent structure, we are also working to ensure that any similar incident in the future could be prevented.”
The company said that right-of-way challenges spanned an entire spectrum of concerns, from negotiating properties to individuals or communities disregarding tower clearance requirements. The latter comes in multiple forms, including informal settlers residing at the bases of towers, children playing dangerously close to the transmission lines, trees growing on the path of transmission lines, and even animals being tied to the bases of towers. There have also been cases of pilferage of parts of the transmission towers and lines.
At present, there are several laws that help reinforce the right-of-way status accorded to NGCP. Republic Act No. 7832 or the Anti-Electricity and Electric Transmission Lines/Materials Act of 1994 prohibits anyone from taking any piece of an electric power transmission line or tower or pole, or even possess or transport this portion other than where it should be. These include steel transmission line towers, porcelain or glass shell insulators, and other pieces of hardware.
Meanwhile, House Bill No. 1224 proposes regulating the planting of high-growing species of plants and prohibiting the construction of any structure below or within the right-of-way limit of all power transmission lines. The proposed bill also gives entities like NGCP the authority to cut, prune, or remove any high growing plant or obstruction within the right of way clearance without prior permission from the owner. On July 25, the Anti-Power Line Disturbance Act was approved by the House committee on energy and is now for deliberation by the Senate committee on energy.
Moreover, Republic Act No. 10752 or An Act Facilitating the Acquisition of Right of Way Site or Location for National Government Infrastructure Project was signed on March 2016. The law provides for owners of private property taken for public use to be given just compensation. Business groups have lauded the passage of such law, noting that this would facilitate more infrastructure projects in the country.