QuestionsQuestions (EXECUTIVE ORDER NO. 116)
Executive Order No. 116 directs the government to conduct a study for the adoption of a National Position on a Nuclear Energy Program (NEP), and creates an inter-agency committee (NEP-IAC) to conduct a prefeasibility study, evaluate a national strategy/roadmap, and recommend actions consistent with IAEA guidelines and Philippine laws.
Section 1, Article XII of the 1987 Constitution is cited. It is relevant because it emphasizes the State’s goal for a sustained increase in goods and services, equitable distribution of opportunities/income/wealth, and expanded productivity—objectives tied to the need for reliable and reasonably priced electricity supply.
It requires the government to conduct a study for adopting a National Position on a Nuclear Energy Program in accordance with pertinent IAEA guidelines and relevant Philippine laws, rules, and regulations.
The NEP-IAC is a committee constituted by EO 116 to undertake the study and related functions. The Department of Energy (DOE) chairs it.
Vice-Chairperson: Department of Science and Technology. Member agencies include: Department of Environment and Natural Resources; Department of the Interior and Local Government; Department of Finance; Department of Foreign Affairs; National Economic and Development Authority; National Power Corporation; National Transmission Corporation; Philippine Nuclear Research Institute; Philippine Institute of Volcanology and Seismology.
Each member-agency must designate a representative with a rank not lower than an Assistant Secretary or its equivalent.
The Secretariat provides technical and administrative support and coordinates/updates the NEP-IAC with concerned agencies. It is complemented by existing personnel and offices from the member agencies.
Key functions include: (a) conducting a prefeasibility study on need/viability of nuclear power considering economic, security, environmental implications, and public stakeholder engagement; (b) evaluating/formulating a national strategy with roadmap/timeline and addressing infrastructure gaps; (c) reviewing the existing legal framework and recommending necessary steps, including assessment of Bataan Nuclear Power Plant-related facilities; (d) creating subcommittees; (e) promulgating guidelines/rules for effective implementation; and (f) performing other functions as the President directs.
It is intended to evaluate the need and viability of introducing nuclear power into the national energy mix, considering economic, security, and environmental implications, and engagement of the public and relevant stakeholders.
EO 116 explicitly requires the prefeasibility study to consider engagement of the public and relevant stakeholders, and it directs the NEP-IAC to include such engagement as part of its evaluation and assessment.
EO 116 is limited to directing a study and the preparation of a national position through the NEP-IAC’s prefeasibility study, strategy/roadmap, legal framework review, and recommendations. It does not itself authorize construction or operation of nuclear power plants; it establishes a process for evaluating feasibility and determining necessary steps.
The Bataan Nuclear Power Plant is specifically mentioned as an existing facility to be considered in reviewing the legal framework and studying the viability of nuclear energy.
It allows the NEP-IAC to call upon any department, agency, or instrumentality for assistance, and to request assistance of the IAEA and other international bodies consistent with existing laws and national policies. It also allows engagement of technical consultants with proven internationally recognized expertise, subject to applicable laws, rules, and regulations.
The NEP-IAC must submit an initial report to the Office of the President through the Executive Secretary within six (8) months from effectivity of EO 116. Subsequent reports must be submitted every six (8) months thereafter.
Funding is charged against available appropriations of the DOE. If necessary, other appropriate funding sources may be identified by the Department of Budget and Management, subject to relevant laws, rules, and regulations.
Section 8 contains a repeating clause repealing/amending inconsistent issuances or parts thereof. Section 9 is a separability clause: if any provision is declared invalid/illegal/unconstitutional, the remaining provisions not affected remain in force.
EO 116 takes effect immediately (Section 10). Therefore, the six (8) month period for the initial report runs from the date of effectivity.