Reopening of pipeline in West Tower leak seen after SC ruling

News NationbyJoel R. San Juan-June 18, 2015

044THE White Oil Pipeline (WOPL) being operated by the Lopez-owned First Philippine Industrial Corp. (FPIC), which leaked in 2010, may soon get Supreme Court (SC) approval for its reopening.

That is, if tests would show the pipeline is already safe for commercial purpose.

In a resolution issued on June 16, the Court en banc adopted the 2012 report and recommendations issued by the Court of Appeals (CA). It was at the CA where the petition for the writ of kalikasan was filed by West Tower Condominium operators, unit owners and nearby residents in Barangay Bangkal, Makati City, who were forced to vacate their residences due to health and safety concerns purportedly after the WOPL leaked.

The Court enumerated several tests to be undertaken by the FPIC with the supervision of the Department of Energy (DOE) before it can be reopened.

After the FPIC has undertaken the activities prescribed, the DOE shall determine if the activities and the results of the test run warrant the reopening of the WOPL, the SC ruled. In the event that the DOE is satisfied that the WOPL is safe for continued commercial operations, it shall issue an order allowing FPIC to resume the operations of the pipeline.

The Court also directed the FPIC to undertake and continue remediation, rehabilitation and restoration of the affected Barangay Bangkal environment until it is restored to its condition prior to the leakage.

The Court also ordered the FPIC to conduct the following:

Perform cleaning pig run and witness the launching and receiving of the intelligent and cleaning pigs.

Demonstrate and observe the various pressure and leakage tests, including blocked-in pressure test or the pressure test conducted while all the WOPLs openings are blocked off or closed off; and in-operation test of the hourly monitoring of pressure rating after the pipeline is filled with dyed water and pressurized at a specified rate.

Continue, inspect and oversee the current gas monitoring system, or the monitoring of gas flow from the boreholes and monitoring wells of the WOPL.

Check the mass or volume balance computation during the test run.

The High Tribunal also ordered the DOE to ensure that FPIC complies with measures once the WOPL is re-opened to prevent similar incident in the future.

These include the continued implementation of the companys Pipeline Integrity Management System (Pims) as reviewed by the DOE. These steps include:

The conduct of daily patrols on the entire stretch of the WOPL every two hours;

Continued close monitoring of all the boreholes and monitoring wells of the WOPL, pipeline;

Regular periodic testing and maintenance based on its PIMS; and

The auditing of the pipelines mass input versus mass output.

The SC also ordered the FPIC to submit to the DOE a report on its compliance with its directives and any other conditions to be imposed by the DOE. The FPIC must submit the report within 10 days of each succeeding month.

It was the DOE that asked the CA in 2013 to allow the reopening of the 117-kilometer Batangas to Manila WOPL after its leak test conducted in December indicated no more leaks in the pipeline.

The DOE recommended to allow the FPIC to start its operation anew pending the resolution of the petition for a writ of kalikasan with a motion for the issuance of a Permanent Environment Protection Order filed by West Tower residents.

The government agency said the 43-year-old pipeline is still the safest and most efficient mode of transporting petroleum products despite the leakage. The DOE said the pipeline poses lower risks to life and limb.

It added that the pipeline has a higher level of reliability than transporting the fuel products through lorry trucks as it is not affected by weather, traffic and truck ban in Metro Manila and provides for complete and timely.

Meanwhile, the Court begged off from ruling on the finding of the CA that the individual directors and officers of FPIC and First Gen Corp. are not liable in their individual capacities for the leakage.

The SC noted it is clear in the Rules of Procedure for Environmental cases that in a petition for a writ of kalikasan, the Court cannot grant the award of damages to individual petitioners.

As duly noted by the CA, the civil case and criminal complaint filed by petitioners against respondents are the proper proceedings to ventilate and determine the individual, liability of respondents, if any, on their exercise of corporate powers and the management of FPIC relative to the dire environmental impact of the dumping of petroleum products stemming from the leak in the WOPL, the SC said.

In a statement, the FPIC welcomed the Courts ruling and said it is ready to abide by its conditions for the reopening of the WOPL, including the continued conduct of remediation measures in Barangay Bangkal.

FPIC has been working closely with government agencies and has always complied with government regulations concerning our efforts to restore the environmental health of the areas affected by the pipeline leak, to ensure the pipelines integrity and the return to regular operations of an infrastructure that is vital to the Philippine economy and the lives of thousands of Metro Manilans, the statement read.

The remediation of the affected areas in Bangkal has been continuous to this day. We are doing everything necessary and sparing no expense to protect the health and safety of the public, it added.