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.
A
Power Sector Development Program 2012-2016 (Reventazon Hydroelectric Project)
ENERGY
Loan Operation
USD 250,000,000
| Registration Registered | Eligibility Eligible | Assessment | Consultation Process | Monitoring | Recommendation for a CR and ToRs | Investigation | CR Report | Monitoring |
| Registration | Consultation Phase (CP) | Compliance Review Phase (CRP) | ||||||
Chronology and documents
| Steps and milestones | Date | Remarks | Documents |
|---|---|---|---|
| Registry | |||
| 24456 Request Receipt | 2016-09-16 | Requests of a confidential nature are not published. | |
| 24459 Notice of Registration | 2016-09-23 | 5 business days from the date of receipt of the Request or 15 business days when further information is required from the Requesters. | |
| Elegibility | |||
| 24461 Management Response | 2016-10-25 | 21 business days from the date of notice of registration. The response will be published as an annex to the Eligibility Memorandum. | |
| 24469 Eligibility due date | 2016-11-23 | 21 business days from the date of receipt of Management Response or 45 business days after the Suspension is granted. | |
| 24472 Eligibility Memorandum Public Disclosure | 2016-12-12 | 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. | |
| 24476 Transfer to Compliance Review Phase | 2016-12-13 | 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) | |||
| 24480 Preparation of Draft Recommendation and ToRs due date | 2017-01-12 | 21 business days from the start date of the Compliance Review Phase. | |
| 24484 Due date for receiving comments on Draft | 2017-02-06 | Management and Requesters have 15 business days to submit their comments to the Draft. | |
| 24488 Consideration by the Board of Executive Directors of the Recommendation and ToRs | 2017-03-06 | Start date of Board consideration by short procedure. | |
| 24491 Decision by the Board of Executive Directors regarding the Recommendation | 2017-06-19 | Not authorized. | |
| Closure of the Compliance Review Phase | |||
| 24494 Notification to Parties | 2017-07-19 | ||
| 24499 Closing date of MICI process | 2017-07-20 | ||