Declaration of a State of Emergency

PRESIDENTIAL DECLARATION NO. 11-15

Declaration of a State of Emergency
November 7, 2011
Whereas, on Saturday, November 5, at approximately 5 o'clock p.m., electrical power to
all of Babeldaob and much of Koror was suddenly interrupted without notice due to a
catastrophic fire at the Aimeliik power plant, which completely destroyed at least one generator
and all of the controls for the facility. The Aimeliik power plant is currently unable to produce
any electrical power, thus leaving the Malakal power plant as the sole source of electrical
generation for Babeldaob and Koror. However, the Malakal power plant presently does not have
enough generating capacity even to supply electricity to all of Koror at the same time. On a
rotating rationed basis power has been partially restored to Koror, Airai and Aimeliik, but the
electricity remains off in most of Babeldaob and will continue to be off for the foreseeable
future; and


Whereas, the lack of reliable and sufficient electricity threatens the operations of Palau's
water systems. The lack of reliable electrical power does not allow the water pumps to be run
long enough to fill the water tanks in Airai and Koror, thus endangering the water supply to the
two most populous communities in Palau. Similarly, the supply of water to all of communities in
Babeldaob is now in jeopardy; and
Whereas, the lack of reliable and sufficient electricity threatens the operations of the
sewer system in Koror. The lack of reliable electrical power means that the sewer pumps in
Koror cannot be continuously run, thus causing tens of thousands of gallons of raw sewage to
spill directly everyday into the surrounding waters, resulting in incalculable damage to Palau's
essential food supply and environment and undermining the policy of the National Government
to provide a beautiful, healthful and resourceful natural environment to the people of Palau; and
Whereas, the lack of reliable and sufficient electricity threatens the operations of the
Palau National Hospital and its delivery of the essential medical services necessary to promote
the health and social welfare of the people of Palau; and
Whereas, the lack of reliable and sufficient electricity also threatens the ability of Palau's
public and private schools to remain open and provide the compulsory education for Palauans
citizens required by Palau's Constitution; and
Whereas, the lack of reliable and sufficient electricity threatens the operations of the
Palau International Airport in Airai, possibly crippling the ability of aircraft to safely land and
take off, which in turn could paralyze the tourism industry, the growing and most important
component of Palau's national economy; and
Whereas, the lack of reliable and sufficient electricity threatens the ability of the
Ministry of Justice and the Department of Public Safety to provide for the safety and security of
the persons and property of the people of Palau; and
Whereas, the lack of reliable and sufficient electricity threatens the operations of the
Palau National Communications Corporations and its ability to provide essential
telecommunications services to the people of Palau; and
Whereas, the Palau Public Utility Corporation (hereafter the "PPUC"), due to apparent
mismanagement and poor maintenance has permitted the foregoing situation to exist, and is
unable, due to statutory restrictions, to adequately and promptly respond to and remedy the
situation;
Now, therefore, in that the catastrophic destruction of the ability of the Aimeliik power
plant to produce electrical power threatens the welfare and well-being and lives and property all
of the people of Babeldaob and Koror, pursuant to the President's constitutional authority under
Section 14 of Article IX of the Palau Constitution, the President hereby declares that a State of
Emergency exists and determines that the President must immediately and temporarily assume
the following legislative powers, which the President deems necessary to afford immediate and
specific relief to the lives and property so threatened.
1. The President shall assume and exercise, at his sole discretion, all of the statutory
authority and powers presently conferred upon the Board of Directors and management
of the PPUC. The President may, at his sole discretion, consult with the Board of
Directors or management ofthe PPUC before exercising such authority and powers.
2. The President shall have the authority, at his sole discretion, to exercise all the
foregoing authority and powers, specifically including without limitation the authority to
enter into contracts, without regard to any other existing procurement laws or regulations,
and furthermore, may promulgate and issue new policies, regulations, rules, or tariffs
without regard to the requirements of Chapter 1 of Title 6 of the Palau National Code, the
so-called "Administrative Procedures Act", or any other existing laws, regulations or
procedures. Any contract, and it conditions and terms, entered into by the President, and
any new policies, regulations, rules, or tariffs issued by the President, shall survive the
termination of the emergency powers the President has assumed in this Declaration of a
State of Emergency.
3. The President shall have the authority, at his sole discretion, to remove existing
members of the Board of Directors and employees of the PPUC, with or without good
cause, subject only to the provisions of any existing contracts regarding severance pay
that the PPUC may have with such employees.
Provided further, pursuant to the President's constitutional authority under Section 14 of
Article IX of the Palau Constitution, the President hereby calls the Senate and House of
Delegates of the Eight Olbiil Era Kelulau to convene at 10:00 o'clock a.m., Wednesday,
November 9,2011, to confirm or disapprove the foregoing Declaration of a State of Emergency.
SO DECLARED at 5:00 o'clock p.m., this ih day of November, 2011.
Johnson Toribiong
President
Republic of Palau
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