Manila: President Ferdinand R. Marcos Jr. has signed a law promoting the safe utilization of nuclear energy by creating the Philippine Atomic Energy Regulatory Authority (PhilATOM).
According to Philippines News Agency, Marcos signed Republic Act (RA) 12305, known as the Philippine National Nuclear Energy Safety Act, on September 18. This legislation provides a comprehensive legal framework for the peaceful, safe, and secure use of nuclear energy in the Philippines. Under RA 12305, PhilATOM is established as an independent and quasi-judicial body with sole and exclusive jurisdiction to exercise regulatory control for the safe uses of nuclear energy radiation sources in the country.
The law mandates the transfer of regulatory functions from all other government agencies with jurisdiction over nuclear energy and radiation sources to PhilATOM. The authority will be headed by a Director General appointed by the President, serving a five-year term with a Salary Grade of 31 and eligible for reappointment for successive terms of the same duration. The Director General will oversee the overall management of PhilATOM, including its administrative, technical, and financial operations.
PhilATOM is tasked with issuing and periodically updating regulations, standards, and guides to specify principles, requirements, and associated criteria for its regulatory judgments, decisions, and actions. It will also establish processes for developing and amending regulations, standards, and guides, incorporating consultation with the public and other stakeholders.
RA 12305 prohibits unauthorized activities such as the siting, construction, operation, commissioning, and decommissioning of nuclear or radiation facilities; acquisition, production, manufacture, import, export, distribution, sale, transfer, use, storage, or disposal of nuclear or other radioactive materials; use of testing of radiation generators; and radioactive waste management activities. To ensure compliance, PhilATOM is authorized to establish an inspection program and enforcement policy.
The authority is responsible for enforcing the implementing rules and regulations of RA 12305, assisting the national government in developing policies and strategies for safe nuclear energy use, and reviewing and assessing applications for authorizations related to nuclear and radiation facilities and associated activities. It also has the power to adopt a schedule of fees and charges for authorization and to suspend, modify, or revoke authorizations due to non-compliance.
Additionally, PhilATOM is required to establish regulations or conditions in authorizations for preparedness and response to on-site nuclear or radiological emergencies. The authorized party is responsible for preparing an on-site emergency plan and coordinating emergency preparedness and response with relevant organizations.
PhilATOM will also serve as the point of contact for matters related to physical protection under international agreements to which the Philippines is a party, including cooperation and assistance arrangements with other states and international organizations.
