Legal basis and cited precedents
- Presidential Decree No. 1206 created the Department (then Ministry) of Energy and transferred the Philippine Atomic Energy Commission (PAEC) from the Office of the President to the Ministry of Energy.
- The Executive Order identifies a regulatory arrangement where PAEC and the National Power Corporation (operator of the Bataan nuclear power plant) are both under the Ministry of Energy, which must be corrected to ensure regulatory objectivity and effectiveness.
- Presidential Decree No. 1416 empowers the President to undertake appropriate organizational improvements in light of changing circumstances and developments.
Policy and regulatory purpose
- The Executive Order requires placing PAEC under the Office of the President to ensure objectivity and effectiveness in nuclear power regulation and licensing operations.
- The Executive Order emphasizes the strategic and critical importance of PAEC’s regulatory functions to safeguard public health and safety.
- The Executive Order establishes closer and more effective supervision and control over PAEC’s regulatory functions by placing PAEC directly under the Office of the President.
Transfer of PAEC to the Office of the President
- Section 1 transfers PAEC from the Ministry of Energy to the Office of the President.
- Section 1 places PAEC under the supervision and control of the Office of the President.
- Section 1 provides that the transfer includes applicable funds and appropriations, records, equipment, property, facilities and personnel.
Functions and regulatory powers transferred
- Section 2 provides that PAEC is responsible for the promulgation and implementation of standards and guidelines to safeguard public health and safety in the operation and use of atomic energy facilities, materials and processes.
- Section 2 requires that any regulatory functions exercised by the Ministry of Energy in that area are transferred to PAEC.
Repeal and modification of inconsistent issuances
- Section 3 repeals or modifies all laws, decrees, other issuances, and rules and regulations that are inconsistent with the Executive Order.