The law promoting the safe utilization of nuclear energy by creating the Philippine Atomic Energy Regulatory Authority (PhilATOM) has already been signed.
President Ferdinand Marcos Jr. on September 18 signed Republic Act (RA) 12305 or the Philippine National Nuclear Energy Safety Act, providing for a comprehensive legal framework for the peaceful, safe, and secure use of nuclear energy in the Philippines.
Under RA 12305, the 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 regulatory functions of all other government agencies with jurisdiction, functions, and authorities with respect to nuclear energy and radiation sources shall be transferred to the PhilATOM,” the law read.
The PhilATOM will be headed by a Director General who will be appointed by the President.
According to the new law, the Director General of PhilATOM will serve a five-year term with a Salary Grade of 31 and may be reappointed for successive terms of the same duration.
“The DG shall be responsible for the overall management of the PhilATOM and shall exercise supervision of its administrative, technical, and financial operations,” RA 12305 said.
The PhilATOM is mandated to issue and periodically update regulations, standards, and guides to specify the principles, requirements, and associated criteria for its regulatory judgments, decisions, and actions.
It is directed to establish processes for developing and amending regulations, standards, and guides that include consultation with the public and other interested parties.
RA 12305 prohibits the unauthorized siting, construction, operation, commissioning, and decommissioning of a nuclear or radiation facility; 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.
The law allows the PhilATOM to establish an inspection program and enforcement policy to ensure compliance by authorized parties.
The PhilATOM is mandated to enforce the implementing rules and regulations of RA 12305; assist the national government in the development of national policies and strategies for safe nuclear energy use; and review and assess applications for authorizations for nuclear and radiation facilities and associated activities.
It also has the authority to adopt the schedule of fees and charges for authorization, as well as suspend, modify, or revoke authorizations due to failure to comply with the law.
“The PhilATOM shall establish, by regulation or conditions in an authorization, a requirement that arrangement for preparedness and response for on-site nuclear or radiological emergency be prepared and approved for any regulated facility or activity that could necessitate emergency response actions,” it said.
“The Authorized Party shall be responsible for preparing an on-site emergency plan, and for making arrangements for emergency preparedness and response, including a clear assignment of responsibility for immediate notification of an emergency coordinated with all relevant emergency intervention or response organizations,” RA 12305 added.
The PhilATOM will also serve as the point of contact for matters related to physical protection under the relevant international instruments to which the Philippines is a party, including cooperation and assistance arrangements with other states and international organizations.
PIXABAY PHOTO