Built on a natural monument, HPP Seta 4 has failed in power generation. Quite unlike the figures inflated in the concession contract, the 4 HPPs built on the Seta River have managed to produce only 0.05% of the promised energy. The company itself blames the low rainfall and severe clashes with residents, who have not allowed them to use all the water.
Author: Jona Kaso
The desire to turn the village of Çidhën into a tourist area faded after the construction of the Seta 4 hydropower plant on the river of the same name, Seta.
The narrow gorge of Seta with its canyon, together with the spring, as well as the cave and waterfall of Sopanika, which are part of the list of cultural monuments and are protected by UNESCO, have become an access road for HPPs.
“I would like to build a guesthouse in this area, to bring as many tourists as possible and to promote our village, but now, after the destruction of this miracle that God has given us, we can no longer invest,” – said for INA MEDIA Liman Kola, resident of Çidhën village.
Absurdly, this gem, cultural monument, along with 4 fantastic waterfall springs, is trapped by pipelines that take water directly from the spring and lead it to the HPP.
More specifically, HPP Seta 4 has interred a 1.8 km long pipe exactly in the Sopanika stream, taking water from the source.
Seta 4 does not produce power
Quite unlike the fat figures provided in the concession contract, even two years after putting the turbines into operation for the first time, the Seta 4 has produced almost no power at all.
More specifically, referring to the concession contract and the calculations made in the preliminary EIA, the concessionaire stated that only HPP Seta 4 would produce an amount of 27,740,047 KWH, using a volume of 122.7 million m 3 of water. (Preliminary EIA, pp. 39-40)
Facsimile of the concession contract for Seta 4
But reports from the Energy Regulatory Authority indicate that the Seta HPP has failed.
From the monitoring that Investigative Network Albania conducted on the official website of the ERA, it results that all 4 HPPs built by the company Hydro Seta Power have not produced even the energy that should have produced a single one of them.
According to the ERA, all 4 Hydro Seta Power HPPs, built amid clashes and strong opposition with residents, have produced only 47,785 KWH during 2019-2020, while the concession contract provided for all 4 HPPs had a production capacity of 86 million KWh / year. To put it more clearly, the four HPPs have produced only 0.05% of the amount of energy that was envisaged in the contract.
Statistics, the 8-month period of 2020 for the energy production of the HPP built in Seta
The National Agency for Natural Resources, which is tasked with monitoring contract implementation, says it is unable to identify how much of kW of energy Seta 4 has produced.
“Regarding the production of electricity from hydropower plants Seta 1-2, 3, 4 , both from the reports of the concession company, and from OSHEE sh.a., is for the entire contract (ie, for the four hydropower plants together) and not for each hydropower plant separately. Based on the above, we cannot identify production only for the Seta 4 hydropower plant,” the National Agency of Natural Resources told INA MEDIA in a written response.
While explaining that the contract with the three Hydro SETA Power HPPs went into production for the first time in April 2019 , the same did not happen with Seta 4 , which has several water intake works in progress. The National Environment Agency says that only in one intake the works were stopped, and this intake was exactly at the source of Sopanika.
“At the time of monitoring, the HPPs were completed in terms of construction, with the exception of one of the works of water intake of the HPP Seta 4, the source of Sopanika, the construction of which has been blocked by residents and the case is in court .” – explains AKBN .
Facsimile of AKBN’s response for monitoring the annual report of HPPs on the Seta River
The company itself admits that they did not produce energy, as provided in the contract, but, according to them, this is not their fault.
“As for the average, annual energy production, there were two reasons: first, the weather conditions that were very unfavorable, because all HPPs were minus; “Second, because the residents who made the complaint did not allow us to implement the project according to the decision of the Council of Ministers and we could not get all the water we had permission to use,” he said. Pëllumb Beta, representative of Hydro Seta Power .
On the other hand, according to the National Agency of Natural Resources, it turns out that the company Seta Hydro Power has been correct in reporting during the construction phase, but not during the production phase, which dates from April 2019.
Facsimile of AKBN’s response to the annual monitoring report
Referring to the 6-month report of HEC Seta 1 , the concessionaire predicts to invest about 16 million euros for the construction of these 4 works, but from the data of energy production it seems that it is far from collecting this investment. ( 1,993,076,966 ALL – page 3/6-month report / HPP Seta 1 )
This large gap between the forecasts in the EIA and what is actually produced by this HPP, according to the hydric expert, Abdulla Diku, is because of very old data, based on the experts who deal with the drafting of the EIA.
According to him, the data represent the climate of decades ago, while currently there is less snowfall and consequently fewer sustainable water sources.
“The reason why this HPP has not managed to produce the energy specified in the contract, is that it has abused with rainfall data. Often to the satisfaction of HPP developers, the figures are inflated artificially, not showing reality. This makes the project very far from reality”, – explains the expert Abdulla Diku.
According to him, on the other hand, extreme weather events have increased (eg, heavy rainfall), bringing the amount of water not used to the maximum. Especially HPPs without water reservoirs suffer from this phenomenon because they do not have water storage capacities.
“There are many studies that assess small HPPs as ineffective in terms of financial gain. So, despite the investment, the benefit from them is always at a minimum level “, – says for Investigative Network Albania the expert, Abdulla Diku.
Other experts think that the lack of promised energy production should be considered for a long period of time. According to them, it must first be understood where it comes from, comes from miscalculations made in the design of the HPP or from the complete non-realization of investments.
“In both cases, the lack of production is something that one has to account for, as the state has sacrificed the environment, destroyed a biological ecosystem, to enable that energy, and when energy is lacking, one has to account for why it is happening”, – argues for Investigative Network Albania the economic expert, Pano Soko.
In 2013, the first construction permit was obtained for a HPP near the Seta River, part of the Arrëz Administrative Unit in the village of Çidhën. In 2015, a contract was resigned with the company Hydro Seta Power sh.pk, to continue the works for the construction of this HPP.
Facsimile of the concession contract
There are 179 hydropower plants in Albania, which are in energy production, while the number of planned projects is 410, currently 24 are under construction. ( Data taken from the study “Hydropower projects in the Balkan rivers” for 2020. )
Nonsensical rent, 7 thousand ALL for 2 hectares
The lease contract, which Hydro Seta Power has entered into with the municipality of Arrëz for the area taken for use, is quite ridiculous. Referring to this contract, which Investigative Network Albania has, in the first year the value of the rent will be 687,950 thousand ALL for 2 ha of land, a lot in which are calculated the damages caused to the flora and fauna, while for every other year this company will to pay a rent of only 91,450 ALL per year, a ridiculous amount for such an area.
In other words, t
his company pays a monthly rent of 7,620 new lek or 76 thousand old lek for 2 hectares of land, an area which was leased after the decision to enter into the contract.
Facsimile of the lease contract between Hydro Seta Power and Arrëz commune
Contacted by INA MEDIA for the contract for the use of two hectares of land with the municipality of Arrëz, the company itself said that it did not pay only this contract, as it had another contract with the municipality of Lura.
“We pay 12 million ALL rent for the land, as we have two contracts, one in the commune of Arrëz and one in the commune of Lura and both together go 12 million ALL. The contract with Arrëza may have been less, because we have not done any damage there “, – said for Investigative Network Albania – Pëllumb Beta, the representative of the company Hydro Seta Power .
Unlike the lease contract with the municipality of Arrëz, which the KTA had as a document, the contract with Lura is not in the concession file. According to the KTA, based on Law no. 10440, dated 07.07.2011 “On environmental impact assessment”, as amended, this document (ie, this lease contract) is not part of the documentation needed during the EIA phase, as it is a relationship between the company and the relevant local unit.
From the provided documents it results that the company Hydro Seta Power Sh.pk, has entered into a contract with the Administrative Unit, Lura in 2015. Referring to this contract, the concession company Hydro Seta Power Sh.pk, uses 4.4856 ha of land, with an annual rent of 2,555 .228 ALL for the first year, while for the following years the company pays an annual rent of 1,180,195 new ALL.
In total, this company pays an annual rent of 1.2 million ALL for an area of 6.5 hectares, rented in Lura and Seta.
Hearings without residents
The company held public hearings in one of the village premises for the second time. As for the first time, many residents have again opposed this project, claiming that its construction will destroy a protected natural monument, as well as directly affect their lives. The consultation with the residents seems to have been done only in the company letters, as according to the residents, they have never signed for the construction of this HPP, also they say that some of the residents’ signatures may have been forged.
“We oppose the construction of HPP Seta 4 , which is being built in the protected area, in the territory of two protected natural monuments, as well as two castles, one of them Illyrian, 3300 years old, the other of the Kastriots, both in the strategic Seta valley, only 5 km away from each other. In that valley there are dozens of inhabited geo-monuments and caves, as well as an archeological territory, very rare among the Albanian territories, probably the only one of the 3-7 century AD, when the Illyrian continuity breaks “, – says the resident Mustafa Tola.
Facsimile of the hearing document with the public
Seta, residents, 7 years of “battle” in court
Determined not to allow the construction of this HPP, the residents of the area have been wandering the courts since 2015, demanding the cancellation of this concession.
“Since 2015, when the company came to hold hearings with the public and presented the project, we have started efforts to oppose the construction of this HPP. We could not allow a natural wonder such as Seta to be destroyed. We raised petitions with 350 signatures of the inhabitants of the territory and sent them to the relevant institutions, the Prime Minister, the Ministry of Environment, the National Environment Agency, but we did not receive a response,” Tola told Investigative Network Albania.
Amid strong opposition from residents and lawsuits, the construction of the Seta 4 HPP went ahead and today, not only has it been built, but it has also been put into operation, producing energy.
“We have organized protests so that the government and other relevant institutions do not allow the approval of this project. It turned out to be not what we were looking for, even the police prosecuted 25 protesting residents, only because we were against the construction of this HPP”, – says Qazim Daci, another resident.
Residents have taken the case to the Administrative Court since 2015, but after unreasonable delays, with only one hearing in a year and a half, the case is currently in the Court of Second Instance, but so far nothing has been done.
“We have done 25 sessions. A court hearing has taken us 18 months. A year and a half, a single session! The Court of First Instance dismissed the lawsuit, on the pretext that we did not have the right to file a lawsuit, because our interests were not directly affected”, – says Mustafa Tola.
After a long ordeal of 25 court hearings, the residents have no intention of giving up, on the contrary.
“We took it to the second instance in 2019 and so far, there is no attempt to try the case, no judge undertakes to try it. Since we started it, we have been clear, we will go through all the steps, we will even take it to Strasbourg”, – says Qazim Daci.
“I have been present in 13 court hearings in the Administrative Court. Regardless of the decision, we will continue to do so. We will take the case to Strasbourg, we will not give up our right, which has been violated”, – insists Liman Kola, resident of Çidhën village
After a 7-year battle to oppose the construction of the HPP in Seta, residents still have an open, legal process with the concession company Hydro Seta Power.
The residents’ lawyer, Përparim Noka, says that the concession contract was concluded outside any legal observance, starting with the concession contract permit, the violation of a natural protected area, the change of the location of the river bed and the Seta stream.
“An environmental permit could not be issued for that place, which has been declared a Natural Monument by law . The law on the management of natural resources has been violated, as well as the law on environmental protection”, – explains lawyer Noka
The violation starts with the EIA, which for this HPP should have been an in-depth EIA, while it has received permission only with a preliminary EIA.
The National Environment Agency does not consider this cultural monument an important area and states that “the project does not need an in-depth EIA procedure, as this applies to projects with potentially significant impacts on the environment.”
Facsimile of EIA of HEC construction project Seta 4
Irreparable damage in nature
Residents of this area nestled between the mountains have begun to feel the effects of HPPs. The lands have remained barren due to lack of water, while even that little infrastructure has become obsolete, due to heavy trucks that worked for the construction of HPPs.
“They destroyed our lands, they destroyed our roads, they took our water. Temperatures go up to 37 degrees here, like in Tirana, this is due to the drying of the water”, – says the resident Qazim Daci.
According to experts , the construction of HPPs has brought destruction, not only of nature, but also of living things that live in this river. The most important thing for the inhabitants of the area is that, as a result of taking the water and putting it in the pipes, the trout, the only type of fish that grows in the Seta River, is in danger of disappearing.
“The expected impacts on the ecosystem have to do with a domino effect, negative that starts with the drastic change (up to drying) of the water regime in the river and that is related to the termination of the long-term ecological connection of river systems. This disruption in itself translates into disruption of the migration routes of fish, especially trout. Such an imbalance not only seriously threatens aquatic life, such as trout, but also damages the food chain itself, as many other species rely on fish, such as otters,” told Investigative Network Albania, environmental expert, Olsi Nika.
As a result of the drying up of the river, wild trout with red spots is already in danger of extinction. This has greatly affected the economy of the inhabitants, as the fishing activity cannot continue as before.
The concession company Hydro Seta Power itself does not admit that it has harmed the environment and explains that for this they have received the approval of all public instances.
“This is not true, as we have had a check by the National Environment Agency, all verifications have been made,” – Pëllumb Beta, the representative of the concession company, Hydro Seta Power , told Investigative Network Albania .
As for the lawsuits, he says he does not understand the reasons for the residents’ claims, as the company has not harmed the environment.
“What obligations we had for the environment have been met. We did not spoil anything in the environment, we even installed a pipe inside the river bed, so we did not cut down trees, we did not spoil the land, But we do not know how long we will still be in court.” – says Beta for INA MEDIA .
HPP Seta 4 has some works for water intake, but the residents have not allowed the pipes in one of these springs, which is exactly Sopanika.
For the residents, it is a natural monument and should not have been destroyed, which is why they have protested, taking it to court as a matter of course.
Although most of the works have been completed and put into production, residents still hope the area will host thousands of tourists, reviving all of the area’s small economies. Despite this situation, they are determined to face the concession company, Hydro Seta Power, so that the Seta River is not used by the construction of 4 HPPs.
“The only thing we want now is for the country to be returned to us as it was. The company has it on the cards, it has it with legal documents, we want to plant our trees, to return it, as it was, the place, as it has completely destroyed it and has not done anything “, – concludes Miftar Cerri, another resident of the area.
Ky shkrim është pjesë e projektit që mbështetet financiarisht nga Zyra e Mardhënieve me Publikun e Ambasadës së SH.B.A. në Tiranë. Opinionet, gjetjet, konkluzionet dhe rekomandimet e shprehura janë te autor-it/ve dhe nuk përfaqesojnë domosdoshmërisht ato të Departamentit të Shtetit. / This article is part of a project that is financially supported by the Public Relations Office of the US Embassy in Tirana. The opinions, findings, conclusions, and recommendations expressed are those of the author(s) and do not necessarily represent those of the Department of State.