EO 116 (s. 2020): Study for National Position on Nuclear Energy Program; NEP-IAC Creation
Full title: Directing a Study for the Adoption of a National Position on a Nuclear Energy Program, Constituting a Nuclear Energy Program Inter-Agency Committee, and for Other Purposes
Signed: July 24, 2020 | President: Rodrigo Roa Duterte
Built on by: EO 164 (s. 2022) — EO 164 adopts the National Position that this study produced and gives the same NEP-IAC additional functions; it does not supersede or repeal EO 116 (its §4 refers to “the NEP-IAC established under EO No. 116,” and its §8 repeals only inconsistent issuances) [EO 164, s. 2022, §4 and §8, 2022-02-28]. EO 116 is therefore treated here as operative rather than superseded.
This EO initiates the Philippines’ formal whole-of-government process for determining a national position on nuclear energy, constituting the NEP-IAC as the mechanism to conduct the study.
Background
By 2020, the DOE had already established NEPIO (2016) and engaged the IAEA under the Milestone Approach. The Philippine Energy Plan 2017-2040 supported a technology-neutral approach including nuclear power [EO 116, s. 2020, WHEREAS, 2020-07-24].
A Public Perception Survey on Nuclear Energy conducted in 2019 found that approximately 79% of Filipinos expressed approval or acceptability of the possible use or rehabilitation of an existing nuclear power plant, about 65% approved building new nuclear power plants, and more than 78% were willing to learn more about nuclear energy. (Note: this figure is recited in the whereas clauses of the successor EO 164, s. 2022, not in EO 116’s own text; cited here from the document where it actually appears.) [EO 164, s. 2022, WHEREAS ¶7, 2022-02-28]
Key Provisions
§1 — Study mandate: The government shall conduct a study for a National Position on a Nuclear Energy Program (NEP), consistent with IAEA guidelines and applicable laws [EO 116, s. 2020, §1, 2020-07-24].
§2 — NEP-IAC constitution: The Nuclear Energy Program Inter-Agency Committee (NEP-IAC) constituted:
- Chair: DOE
- Vice-Chair: DOST
- Members: DENR, DILG, DOF, DFA, NEDA, NPC, TransCo, PNRI, PHIVOLCS
- Minimum rank: Assistant Secretary [EO 116, s. 2020, §2, 2020-07-24]
§4 — NEP-IAC functions: (a) Conduct prefeasibility study; (b) formulate national strategy, roadmap, and timeline; (c) review existing legal framework including viability of BNPP and other nuclear facilities; (d) create subcommittees; (e) promulgate guidelines; (f) perform such other functions as the President directs [EO 116, s. 2020, §4, 2020-07-24].
§6 — Reporting: NEP-IAC to submit initial report within 6 months; subsequent reports every 6 months [EO 116, s. 2020, §6, 2020-07-24].
Policy Notes
- PHIVOLCS membership reflects seismic risk consideration in NPP siting — notably absent from EO 164’s expanded NEP-IAC
- BNPP (Bataan Nuclear Power Plant, 620 MW, Morong, Bataan) explicitly referenced for viability review
- EO 116 is the “study” phase; EO 164 is the “position adopted” phase
- See Nuclear Energy Program Inter-Agency Committee (NEP-IAC) and NEPIO for the full committee record; Nuclear Energy Program (Philippines) for the policy evolution through RA 12305
Full text: Cleaned copy