Section 17Sec./Art. 17

Additional Requirement for Authorizations of Nuclear Facilities.

(a) Within sixty (60) days for the issuance of the IRR, the PhilATOM, in consultation with the Philippine Institute of Volcanology and Seismology (PHIVOLCS). Department of Environment and Natural Resources (DENR) Mines and Geosciences Bureau (MGB), DENR-Environmental Management Bureau (EMB), and other government agencies that the PhilATOM deems relevant, shall establish the requirements for the site selection and evaluation of a particular site and pre-construction review and assessment of a proposal for such a facility.

For the purposes of this section, the relevant government agencies shall submit their proposals for the requirement s in the site selection process and evaluation of candidate sites for the nuclear facilities within a reasonable period, subject to Republic Act No. 11032 or the "Ease of Doing Business and Efficient Government Service Delivery Act of 2018", as amended.

No nuclear facility shall be sited in areas classified by the PhilATOM, in consultation with PHIVOLCS, DENR, or other relevant government agencies, as high-risk for earthquakes, volcanic eruptions, flooding or other recurring natural hazards Sites located within or adjacent to protected areas, key biodiversity areas (KBAs), and ancestral domains shall be subject to enhanced review and public consultation in accordance with applicable environmental and cultural protection laws.

In all instances, the Authorized Party shall ensure that the nuclear power plant design can withstand the predicted seismic peak ground acceleration of the location as set forth by the PhilATOM.

(b) As a condition for an authorization to operate a nuclear power plant, an amount to be determined by the PhilATOM, in consultation with the Energy Regulatory Commission (ERG), from electricity generated from the use of nuclear energy shall be set aside by the operator to establish a Radioactive Waste and Spent Fuel Management Fund, which shall be used for the long-term management and final disposition of high-level radioactive waste, which may be by geologic isolation using deep boreholes. The amount may be adjusted considering the current economic conditions at the time, the income generated by the Authorized Party, and the amount of high-level radioactive waste produced: Provided, That the said amount shall not be passed on to the consumers.

(c) An Authorized Party that operates a nuclear power plant shall set aside an amount to be determined by the PhilATOM, in consultation with the ERG, from electricity generated from the use of nuclear energy on a monthly basis to establish a Decommissioning Trust Fund. The amount may be adjusted by the PhilATOM considering the current economic conditions at the time, the income generated by the Authorized Party, and the amount of high-level radioactive waste produced: Provided, That the said amount shall not be passed on to the consumers.

(d) All amounts collected on behalf of the Radioactive Waste and Spent Fuel Management Fund and Decommissioning Trust Fund shall be held in trust by the DBP: Provided, That these special funds shall not be utilized for any purpose other than radioactive waste and spent fuel management and decommissioning, respectively, of the relevant power plant operator: Provided, farther. That disbursements from these funds shall be in an open and transparent manner, and only for the purposes specified in this Act.

(e) The PhilATOM shall not grant a license to nuclear plants other than Light Water Reactors (LWR) and Heavy Water Reactors (HWR) until such time that non-water cooled or moderated reactors shall have operated accident-free in the country of origin for at least nineteen thousand seven hundred ten (19,710) operating hours, unless the specific reactor type is exempted by the PhilATOM Council with the concurrence of the President of the Philippines through an executive issuance.

(f) In developing regulations, standards, and guidelines with respect to authorizations for nuclear power plants, the PhilATOM shall;

(1) Facilitate harmonization with IAEA Safety Standards and consider compatibility with the relevant regulatory regime of the country of origin of a standard design or reference plant; and

(2) Require an applicant to identify a standard design or reference plant in its application and require that such application; (i) contain a safety analysis report that makes maximum utilization of the safety case for the standard design or the reference plant; (ii) identify any design changes from the standard design or the reference plant; and (iii) provide the regulatory basis for approval in the country of origin of the standard design or the reference plant.

(g) The PhilATOM shall conduct an independent review and assessment of an application with respect to an authorization for a nuclear power plant and in undertaking such review and assessment;

(1) For those parts of the design that are the same as the identified standard design or the reference plant design, the PhilATOM shall make maximum utilization of the safety assessment of an experienced foreign nuclear regulatory body of the identified standard design or reference plant design and apply a graded approach when reviewing deviations from the standard design or reference plant design and site-specific and applicant-specific matters; and

(2) For those parts of the design that are the same as the identified standard design or the reference plant design, the PhilATOM shall consider accepting the safety assessment of an experienced foreign nuclear regulatory body.

(h) The PhilATOM shall set the minimum elevation for Emergency Diesel Generators (EDGs) of nuclear power plants which shall not he less than eighteen (18) meters above sea level. In no case shall EDGs and other emergency backup safety devices be located in the basement of nuclear power plants.

(i) Operators of nuclear power plants shall he assessed fees and charges as a condition for authorization: Provided, That the totality of fees shall not exceed two centavos (P0.02) per kilowatt hour (kWh) of electricity sold by the nuclear power plant indexed to 2023 Peso value.