MICI-BID-CR-2016-0110


Reventazon Hydroelectric Power Project

Country: Costa Rica

Reception date: September 16, 2016

Current Status:  Closed

Requesters

Confidential

Summary of the Request

The Request alleges harms due to the possible noncompliance of the Bank's operational policies in the context of three topics:

i) An environmental harm by the work and operation of the Project, especially harming the fauna of the area;

ii) Harm due to the possible non-compliance with the management and disaster risk detection, given the possibility of collapse of nearby lagoons into the Rio Reventazon reservoir; and

iii) Harm linked to the process of land acquisition relating to the properties of the Requesters, which allegedly would not have met the expropriation criteria established by the Bank by not having considered the market value of the land or the value added by its biodiversity nor any of the reforestation work previously performed.

Recent actions

On June 19, 2017, the Board of Executive Directors determined, based on the outcome of the Policy and Evaluation Committee (PEC) session, not to accept MICI’s recommendation to carry out a Compliance Review for the Reventazón Hydroelectric Project. With this decision, the MICI process ends for this complaint and the case is closed.

Past actions

The Request was registered on September 23rd, 2016, and notifications were sent to the Requesters and Bank Management.

On November 23rd, MICI determined that the Request was eligible as it complied with the criteria set forth by the Mechanism Policy, excluding those issues and matters raised in the Request that are under arbitral or judicial review.

This determination of eligibility is not an assessment of the merits of the Request or of the issues presented in it. Nor does it represent an approval to conduct an investigation to determine compliance or non-compliance by the Bank with respect to its Relevant Operational Policies.

In accordance with the Requesters' wish to use the Compliance Review Phase, the Request was forwarded to that Phase on December 12th, starting the deadline for the Coordinator to prepare a draft of Recommendation and Terms of Reference for a Compliance Review.

On January 13th, 2017, the Requesters and the Administration received a draft of the Recommendation for a Compliance Review and its Terms of Reference (TOR) to make comments. As of this date, the Parties have 15 business days to submit comments to this document, being the due date February 6th, 2017.

On March 1st, 2017, MICI distributed the Recommendation for a Compliance Review and its final Terms of Reference to the Board of Executive Directors for consideration under Short Procedure.

On March 7th, 2017, the Executive Board of Directors interrupted the approval of the Recommendation by Short Procedure.


Project Number:

CR-L1049

Other related projects:

CR-L1056 , CR-T1074


Environmental Category:

A


Project Name:

Power Sector Development Program 2012-2016 (Reventazon Hydroelectric Project)


Sector:

ENERGY


Project Type:

Loan Operation


IDB Financing:

USD 250,000,000

Registration
Eligibility
Assessment
Consultation Process
Monitoring
Recommendation for a CR and ToRs

Closed
Investigation
CR Report
Monitoring

Registration

Consultation Phase (CP)

Compliance Review Phase (CRP)

Chronology and documents

Steps and milestones Date Remarks Documents
REGISTRY

Request Receipt

September 16,2016

Requests of a confidential nature are not published.

Notice of Registration

September 23,2016

5 business days from the date of receipt of the Request or 15 business days when further information is required from the Requesters.

ELEGIBILITY

Management Response

October 25,2016

21 business days from the date of notice of registration. The response will be published as an annex to the Eligibility Memorandum.

Eligibility due date

November 23,2016

21 business days from the date of receipt of Management Response or 45 business days after the Suspension is granted.

Eligibility MemorandumPublic Disclosure

December 12,2016

As per the Access to Information Policy (OP-102) the disclosure of this document is done simultaneous to its distribution to the Board of Executive Directors.

Transfer to Compliance Review Phase

December 13,2016

In cases where only the Compliance Review Phase has been requested, or in those where both Phases have been requested and no agreement has been reached in the Consultation Phase. Document available only in Spanish.

COMPLIANCE REVIEW PHASE
Recommendation for a Compliance Review and Terms of Reference (ToRs)

Preparation of Draft Recommendation and ToRs due date

January 12,2017

21 business days from the start date of the Compliance Review Phase.

Due date for receiving comments on Draft

February 6,2017

Management and Requesters have 15 business days to submit their comments to the Draft.

Consideration by the Board of Executive Directors of the Recommendation and ToRs

March 6,2017

Start date of Board consideration by short procedure.

Decision by the Board of Executive Directors regarding the Recommendation

June 19,2017

Not authorized.

Closure of the Compliance Review Phase

Notification to Parties

July 19,2017

Closing date of MICI process

July 20,2017

 

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