Philippine Atomic Energy Regulatory Authority (PhilATOM)
Class: Government (independent quasi-judicial body) Legal basis: RA 12305 (Philippine National Nuclear Energy Safety Act), signed September 18, 2025 Effective: ~October 3, 2025 Headquarters: Clark Special Economic Zone, Pampanga/Tarlac (BCDA area); additional offices in strategic areas as needed [RA 12305, §54, 2025]
PhilATOM is the Philippines’ independent nuclear and radiation safety regulatory authority, established by RA 12305 as the successor to the Philippine Nuclear Research Institute (PNRI) on regulatory matters and the FDA’s radiation device regulatory division (FDA-CDRRHR). It has sole and exclusive jurisdiction over regulatory control for all peaceful nuclear energy and radiation source activities in the Philippines. [RA 12305, §6, 2025]
Governance
PhilATOM Council
The highest decision-making body [RA 12305, §9, 2025]:
| Position | Tenure | Salary Grade |
|---|---|---|
| Director General (Chair) | 5 years, reappointable | SG-31 |
| Deputy Director General 1 | 5 years initially; 5 thereafter | SG-30 |
| Deputy Director General 2 | 4 years initially; 5 thereafter | SG-30 |
| Deputy Director General 3 | 3 years initially; 5 thereafter | SG-30 |
| Deputy Director General 4 | 2 years initially; 5 thereafter | SG-30 |
All appointed by the President of the Philippines. Quorum = majority including Chairperson. Decisions by majority vote of members present at quorum.
Qualifications (DG and DDGs)
Required [RA 12305, §8, 2025]:
- Filipino citizen and resident
- Good moral character, at least 35 years old
- Recognized probity, independence, and competence
- Distinguished professional record in nuclear science, physical sciences, law, engineering, or medical/allied medical sciences in the radiation field
- At least 7 years of actual and distinguished experience in their field
- At least one DDG must hold a degree in nuclear science or nuclear engineering
Conflict of interest rule: DG, DDGs, and their relatives within the 4th civil degree (legitimate or common law) may not hold any interest in regulated entities. All such interests must be divested upon assumption of office. DG and DDGs enjoy security of tenure. [RA 12305, §8, 2025]
Regulatory Jurisdiction
PhilATOM has sole and exclusive authority over [RA 12305, §14, 2025]:
| Category | Regulated Activity |
|---|---|
| Facilities | Siting, construction, operation, commissioning, and decommissioning of nuclear or radiation facilities |
| Materials | Acquisition, ownership, possession, production, manufacture, import, export, distribution, sale, transfer, handling, use, transport, storage, or disposal of nuclear or other radioactive materials |
| Devices | Use and testing of radiation generators |
| Waste | Radioactive waste management activities |
| Other | Any activity through which people/environment may be subject to radiation risks (not exempt) |
All nuclear and radiation regulatory functions of other government agencies are transferred to PhilATOM — including PNRI’s regulatory powers and the radiation device regulation of FDA-CDRRHR. [RA 12305, §6, §52, 2025]
Key Regulatory Restrictions
Reactor Type Restriction
PhilATOM may only license Light Water Reactors (LWR) and Heavy Water Reactors (HWR) until non-water-cooled or moderated reactors (e.g., most advanced SMR designs using gas or molten-salt cooling) have operated accident-free for at least 19,710 operating hours in the country of origin (~2.25 years continuous operation). Exception possible only by PhilATOM Council with concurrence of the President of the Philippines via executive issuance. [RA 12305, §17(e), 2025]
Siting Restrictions
Nuclear facilities may not be sited in areas classified as high-risk for earthquakes, volcanic eruptions, flooding, or other recurring natural hazards (PhilATOM determination in consultation with PHIVOLCS, DENR, and others). Sites in or adjacent to protected areas, Key Biodiversity Areas (KBAs), and ancestral domains are subject to enhanced review and public consultation. [RA 12305, §17(a), 2025]
Emergency Diesel Generator Elevation
EDGs must be sited at minimum 18 meters above sea level. EDGs and other emergency backup safety devices shall not be located in basements of nuclear power plants. [RA 12305, §17(h), 2025]
Construction Authorization Timeline
The timeline for construction authorization shall not exceed 18 months. [RA 12305, §16, 2025]
Financing
| Source | Mechanism |
|---|---|
| Universal charge reallocation | P0.005/kWh of existing UC, for ≤10 years from effectivity; PSALM administers via DBP special trust fund; released monthly by the 20th; no new charge created |
| Regulatory fees | Fees and charges from regulated entities; authority to set and collect; for nuclear power operators, capped at P0.02/kWh of electricity sold (indexed to 2023 Peso value) |
| Donations/grants | Accepts contributions and grants; exempt from donor’s tax; income tax-deductible for donor; foreign government donations require presidential approval |
| GAA appropriation | Ongoing budget from General Appropriations Act |
[RA 12305, §10(g), §17(i), 2025]
Special Trust Funds (Operator-Funded)
Two separate trust funds, both held by DBP [RA 12305, §17(b)(c)(d), 2025]:
| Fund | Purpose | Cost Pass-Through |
|---|---|---|
| Radioactive Waste and Spent Fuel Management Fund | Long-term management and final disposition of high-level radioactive waste (including by deep borehole geologic isolation) | Not passed to consumers |
| Decommissioning Trust Fund | Decommissioning of nuclear power plant | Not passed to consumers |
Amounts are set by PhilATOM in consultation with ERC; adjusted based on economic conditions, income generated, and waste produced.
Transition
Transition period: 1 year from effectivity after PhilATOM Council has been duly constituted [RA 12305, §52, §58, 2025]
Transfers to PhilATOM:
- All regulatory functions, powers, duties, records, files, equipment, assets, and funds of PNRI [RA 12305, §52, 2025]
- All radiation device regulatory functions of the FDA-CDRRHR (radiation regulation division) [RA 12305, §52, 2025]
Personnel protection: No demotion in ranks/positions; no diminution in salaries, benefits, allowances, and emoluments for transferred PNRI and FDA-CDRRHR staff. Qualified staff covered by the Magna Carta for Scientists (RA 8439). [RA 12305, §52, 2025]
Transition Committee: Director of PNRI + Director of FDA-CDRRHR + Director General of FDA. Facilitates complete and full PhilATOM operation within 1 year. [RA 12305, §52, 2025]
Staffing pattern: PhilATOM creates staffing pattern within 120 days of effectivity (after Council constituted), in consultation with Transition Committee and DBM. [RA 12305, §52, 2025]
Existing authorizations: Licenses and authorizations issued by PNRI and FDA-CDRRHR remain in force until superseded by PhilATOM regulations, standards, and orders. [RA 12305, §51, 2025]
Relationship to Other Bodies
| Body | Relationship |
|---|---|
| PNRI (Philippine Nuclear Research Institute) | PNRI’s regulatory functions transfer to PhilATOM; PNRI retains research functions and waste management (PNRI manages the Low and Intermediate Level Radioactive Waste Management Office/Center) |
| NEP-IAC / NEPIO | NEP-IAC remains as the whole-of-government planning and coordination body for the nuclear energy program; PhilATOM is the independent regulatory body |
| ERC | PhilATOM consults ERC when setting the Radioactive Waste Fund and Decommissioning Trust Fund contribution amounts; ERC remains regulator of electricity rates for nuclear-generated power |
| PSALM | Administers PhilATOM’s UC reallocation funds via DBP trust fund |
| IAEA | PhilATOM is the national authority for all IAEA matters; facilitates safeguards, inspections, and implementation of international nuclear instruments |
| NDRRMC | National emergency plan for nuclear/radiological incidents integrated with NDRRMC operational framework and NDRRMP |
| JCOC | Joint Congressional Oversight Committee (§55) — specific to RA 12305; separate from the JCEC that oversees other energy laws |
[RA 12305, §6, §10, §17, §25, §55, 2025]