Summary of the Request

Ernesto Márquez Torres, Samuel Celio Martínez and Efraín Pozos Adrián in representation of the “Comisariado Ejidal del Ejido Las Palmas del Municipio de Tamuín, San Luís Potosí, México sent a Request outlining possible adverse impacts resulting from the construction and operation of two thermoelectric companies “Termoeléctrica del Golfo” (TEG) and “Termoeléctrica Peñoles” (TEP). The Independent Investigation Mechanism (IIM), the ICIM´s predecessor, had already undertaken an investigation in the past based on a Request presented on behalf of this community and had found no evidence of miscompliance. The new Request was submitted alleging new evidence of harm particularly linked with health and environmental negative impacts due to the use of pet coke for street paving by the thermoelectric companies. The Requesters also alleged that the thermoelectric companies might be discarding hot water in rivers Shoy and Tampaón which could potentially cause adverse environmental results to the area.

MICI actions

Based on the background presented and in compliance with the ICIM Policy, the Project Ombudsperson concluded that the arguments presented did not constitute evidence that could effectively tie the alleged actual impacts or risk to actions or omissions on the part of the IDB-financed Operation and declared the Request ineligible for the Consultation Phase in accordance with article 37 section (e) of the ICIM Policy.

The Requesters then asked to have their complaint transferred to the Compliance Review Panel. The Panel determined that the impact on potential health effects due to the use of pet coke for the road construction could not be considered new evidence for purposes of a Compliance Review mainly because the information had been presented in the original Request sent earlier to the IIM, which was duly analyzed at that time, and also because there was no new information on legal and technical standards in force at the time of project design and implementation, nor on the Bank´s supervision of the adherence to those standards. Based on this the Request was declared ineligible for a Compliance Review and the process closed.