Constitutional and international policy anchors
- The order invokes Section 1, Article XII of the 1987 Constitution to support national economic goals tied to increased goods and services, expanded productivity, and improved quality of life.
- The order recognizes that sustained economic development and energy security require a reliable, secure, sustainable, quality and reasonably-priced electricity supply, including sufficient reserves to prevent power disruptions.
- The order references the Philippine Development Plan 2017-2022 as requiring a balance among energy tariffs, service reliability, and environmental soundness of technologies in the electricity grid.
- The order cites the Philippine Energy Plan 2017-2040 as adopting a technology-neutral approach for an optimal energy mix to ensure energy security and reliability/adequacy/efficiency up to demand projections by 2040.
- The order states that experience in other countries shows nuclear power can be reliable, cost-competitive, and environment-friendly.
- The order recognizes the International Atomic Energy Agency (IAEA) guidelines for building a National Position for a Nuclear Energy Program, including national policy development, energy analysis and planning, pre-feasibility study, and public/stakeholder engagement.
- The order affirms adherence to international standards on safety, security, and safeguards for peaceful nuclear energy development and commits to multi-stakeholder involvement.
- The order declares an imperative to revisit national policy on nuclear energy and determine feasibility as a long-term power generation option.
National study and adoption objective
- Section 1 mandates that the government shall conduct a study for adopting a National Position on a Nuclear Energy Program (HEP).
- The study must follow pertinent IAEA guidelines and relevant laws, rules and regulations.
Nuclear Energy Program inter-agency committee
- Section 2 constitutes the Nuclear Energy Program Inter-Agency Committee (NEP-IAC).
- The Chairperson is the Department of Energy (DOE).
- The Vice-Chairperson is the Department of Science and Technology.
- The Members are:
- 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 designates a representative who must hold a rank not lower than an Assistant Secretary or its equivalent.
Secretariat and technical-administrative support
- Section 3 directs that the NEP-IAC be assisted by a Secretariat.
- The Secretariat is to be complemented by existing personnel and offices from the member agencies.
- The Secretariat provides technical and administrative support to the NEP-IAC.
- The Secretariat must provide updates and coordinate with concerned agencies on the status of the NEP-IAC’s plans and programs.
NEP-IAC powers, functions, and implementation role
- Section 4 requires the NEP-IAC to conduct a pre-feasibility study evaluating and assessing the need for and viability of introducing nuclear power into the State’s energy mix.
- The pre-feasibility study must consider:
- economic implications
- security implications
- environmental implications
- engagement of the public and relevant stakeholders
- Section 4 requires the NEP-IAC to evaluate and formulate a national strategy that includes a roadmap and timeline for preparing a NEP.
- The national strategy must include measures to address infrastructure gaps and issues, and the NEP-IAC must make appropriate recommendations.
- Section 4 requires review of the existing legal framework and assessment of the viability of nuclear energy, followed by recommendations on necessary steps for the utilization of nuclear energy.
- Section 4 directs that existing facilities, including the Bataan Nuclear Power Plant, be reviewed as part of the legal/framework and viability considerations.
- Section 4 authorizes the creation of subcommittees to facilitate decision-making on issues arising during the study.
- Section 4 empowers the NEP-IAC to promulgate guidelines and rules for the effective implementation of the order.
- Section 4 further authorizes the NEP-IAC to perform other functions the President may direct.
Assistance, international engagement, and consultants
- Section 5 allows the NEP-IAC to call upon any department, agency, or instrumentality of the government for assistance during implementation.
- Section 5 allows the NEP-IAC to request assistance from the IAEA and other international bodies, consistent with existing laws and national policies.
- Section 5 allows engagement of technical consultants with proven and internationally recognized expertise in nuclear technology, subject to all applicable laws, rules and regulations.
Reports to the President
- Section 6 requires the NEP-IAC to submit an initial report to the Office of the President, through the Executive Secretary, within six (8) months from the effectivity of the order.
- Section 6 requires succeeding reports to be submitted every six (8) months thereafter.
- The reportorial cadence is expressly tied to effectivity and recurrence every six (8) months.
Funding and charging of implementation costs
- Section 7 provides that implementation funding shall be charged against available appropriations of the DOE.
- If necessary, funding may come from other appropriate funding sources that the Department of Budget and Management may identify.
- Funding sources identified by the Department of Budget and Management must be subject to relevant laws, rules and regulations.
Repeal, separability, and continuation
- Section 8 repeals, amends, or modifies inconsistent orders, rules and regulations, and issuances or parts thereof.
- Section 9 provides a separability rule: if any provision or part is declared invalid, illegal, or unconstitutional, the remaining provisions not affected remain in force and effect.