EO 164 (s. 2022): Adopting National Position for a Nuclear Energy Program

Full title: Adopting a National Position for a Nuclear Energy Program, and for Other Purposes

Signed: February 28, 2022 | President: Rodrigo Roa Duterte

Builds on: EO 116 (s. 2020) — EO 164 does not supersede EO 116. §4 directs “the NEP-IAC established under EO No. 116” to perform additional functions, and the only repeal clause (§8) is a generic inconsistency-repeal, not a specific supersession [EO 164, s. 2022, §4 and §8, 2022-02-28].

This EO adopts the formal National Position on Nuclear Energy, marking the Philippines’ pivot from study to national commitment. The NEP-IAC’s prefeasibility study — completed pursuant to EO 116 — recommended adoption, following public consultations and a 2019 Public Perception Survey showing approximately 79% of Filipinos approved possible nuclear plant use or rehabilitation [EO 164, s. 2022, WHEREAS ¶7–8, 2022-02-28].

Background

The PEP 2018-2040 supported a technology-neutral approach including nuclear; the Philippine Development Plan 2017-2022 recognized the balance between energy tariffs, reliability, and environmental soundness [EO 164, s. 2022, WHEREAS ¶3–4, 2022-02-28].

National Position (§1)

Four-pillar framework [EO 164, s. 2022, §1, 2022-02-28]:

PillarContent
EconomicNuclear as viable alternative baseload; addresses projected coal phase-down; 68 GW additional capacity needed by 2040
PoliticalNuclear as viable bridge between rising demand and supply; committed to highest safety, security, and safeguards standards (IAEA)
SocialLong-term human capital development and job creation; contribution to AmBisyon Natin 2040
EnvironmentalNuclear’s lifecycle GHG emissions comparable to best RE chains; strong decarbonization potential

Guiding Principles (§2)

  1. National Policy Development
  2. Energy Analysis and Planning — demand growth of 4.4%/year; 68 GW additional capacity needed by 2040
  3. Prefeasibility Study — completed; updates to continue
  4. Stakeholder Engagement

[EO 164, s. 2022, §2, 2022-02-28]

Expanded NEP-IAC Functions (§4)

  • Ensure comprehensive legal and regulatory framework for nuclear energy
  • Evaluate and expedite the National Strategy Roadmap and Timeline
  • Assess nuclear power infrastructure using IAEA Milestone Approach (19 issues, 4 cornerstones)
  • Implement Strategic Communications Plan
  • Liaise with IAEA on Integrated Work Plan

[EO 164, s. 2022, §4, 2022-02-28]

Bataan Nuclear Power Plant (§5)

NEP-IAC directed to collate existing audits and recommendations, conduct further studies, and make recommendations on use and viability of the BNPP and establishment of other nuclear facilities. No rehabilitation commitment — study phase continues [EO 164, s. 2022, §5, 2022-02-28].

DOE Integration (§6)

DOE to develop and implement the Nuclear Energy Program as part of the Philippine Energy Plan [EO 164, s. 2022, §6, 2022-02-28].

Policy Notes

  • This EO is the formal pivot from “study” to “national commitment” — it adopts the National Position that EO 116 directed the NEP-IAC to develop
  • The 68 GW additional capacity figure by 2040 and 4.4%/year demand growth rate are key energy planning numbers cited in the national position
  • BNPP remains unresolved — the EO directs further study rather than deciding rehabilitation or abandonment

Subsequent Developments

  • RA 12305 (Philippine Nuclear Energy Safety Act, September 2025) — created PhilATOM as independent nuclear regulator, restructured oversight; NEPIO remains under DOE
  • See Nuclear Energy Program (Philippines) for the full policy narrative from EO 116 through RA 12305 and nuclear deployment scenarios in PEP 2023-2050

Full text: Cleaned copy