Re-evaluation of Plant Safety and Contractual Terms
- Steps were taken to re-evaluate the plant's safety features and to renegotiate the contract between the National Power Corporation (NPC) and Westinghouse.
- This re-evaluation was influenced by lessons from the Three-Mile Island nuclear incident and compliance with U.S. Nuclear Regulatory Commission (USNRC) regulatory guides.
Adoption and Application of U.S. NRC Regulatory Guides by PAEC
- The Philippine Atomic Energy Commission (PAEC) adopted pertinent U.S. NRC regulatory guides for nuclear power plants in the Philippines.
- Initially, PAEC required compliance with 102 regulatory guides before issuing a construction permit for PNPP-1.
- Subsequent to permit issuance, PAEC demanded an additional 33 regulatory guides, 9 requirements related to the Three-Mile Island incident, and 2 concerns from the International Atomic Energy Agency (IAEA).
PAEC's Safety Assessment and Recommendation
- PAEC concluded that with the latest technology, safety upgrades, and regulatory compliance, PNPP-1 could be constructed and operated without undue risk to public health and safety.
- Consequently, PAEC recommended lifting the suspension order on the plant's construction.
Supporting Views from the Commission and Contractual Amendments
- The Commission from Executive Order No. 539 concurred with the safety assessment, opining that the updated plant would be reasonably safe according to current technology.
- NPC and Westinghouse re-evaluated their contractual relationship, agreeing to amend the contract to enhance NPC's monitoring, auditing, and administrative capacity.
- They also agreed to increase Westinghouse’s liabilities regarding performance warranties.
Directive to Resume Construction
- NPC was directed to notify Westinghouse and to take necessary steps to resume construction of the nuclear power plant immediately.
Key Legal and Administrative Aspects
- The directive was issued under the authority of the President of the Philippines to ensure public safety and government interests.
- It reflects the integration of international safety standards and regulatory frameworks into Philippine nuclear energy projects.
- It demonstrates the government's proactive response to nuclear safety in light of international nuclear incidents and regulatory best practices.