Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

3696

Introduced By: HON. JOSEPH EMILIO A. ABAYA
HON. ANGELO B. PALMONES

CREATING THE PHILIPPINE NUCLEAR AND RADIATION
SAFETY COMMISSION, PROVIDING FOR THE REGULATION
AND CONTROL OF NUCLEAR AND OTHER RADIOACTIVE
MATERIALS, FACELITIES, AND RADIATION GENERATING
EQUIPMENT APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES

EXPLANATORY NOTE

The Science Act of 1958 (Republic Act No. 2067) created the Philippine
Atomic Energy Commission (PAEC). Among many other promoting-
functions of the PAEC, two duties are mentioned in the regulatory area:
- to issue rules and regulations for the protection of its personnel and
the general public and to undertake their enforcement, and
- to issue licenses for the use of radioactive material.

In an amendment of 1963 (Republic Act No. 3589) these regulatory duties
were singled out and placed under a separate article which also specifies that
“No person may manufacture, produce, transport, acquire, own, possess,
import or export any radioactive material except in pursuance of a license
issued in accordance with this Act”,

Jn anticipation of the worldwide utilization of nuclear power plants, a
specific Act was drawn up, the Atomic Energy Regulatory and Liability Act
of 1968 (Republic Act No. 5207). With this Act the previous Acts are
somewhat redundant in the area of nuclear installations, When conteacis



were drawn up for the delivery and construct
plant, a pressurized water reactor of US origin, certain sections of the
‘Atomic Energy Regulatory and Liability Act of 1968 ‘ on lirnited indemnity
had to be amended by Presidential Decree No. 1484 (11 June 1977).

of the first nuclear power

In 1987, the Philippine Nuclear Research Institute (PNRI), formerly the
PALC, was reorganized and placed under the Department of Science &
Technology (DOST) by Executive Order 128 of the new government
{Reorganizing the National Science and Technology Authority). The dual
role of promotion and contro! of the peaceful use of atomic energy was
maintained in the PNRI functions. The PNRI is currently the only RDI
(Research and Development Institute) under the DOST with quasi-judicial
functions. The Department of Justice then, opined as a result of subsequent
PNRI communications seeking specific clarification, that PNRI has the same
scope of work with corresponding responsibilities and authority as the
former PAEC. Moreover, the PNRI also operates nuclear facilities which are
exempted from licensing by the law which created it. Since the beginning,
PNRI laboratories and nuclear facilities have never been subjected to
regulatory control and licensing to ensure that international standards of

nuclear safely are complied with.

In a related development in 1977, the Radiation Health Office (RHO), later
renamed Radiation Health Service (RHS), now the Bureau of Health
Devices and Technology (BHDT) was created in the Department of Health
(DOH) through Presidential Decree 480 as amended by PD 1372 to control
and regulate x-rays and other electrically generated radiation devices, among
others. The effective implementation of a national radiation contro! program
for ionizing radiation entails much closer coordination, collaboration and
harmonization of standards of two regulatory bodies (PNRI & BHDT)
currently under two different line departments (DOST & DOH) who are
both operators of radiation devices and nuclear facilities. Technological
advances in medical imaging incorporates the use of radioactive materials
and clectrically generated radiation in one machine and can cause undue
burden to medical users in having to deal with two separate regulatory
authorities.

At present, several Acts, Decrees and Orders appear to be operative. Earlier
actions were not always repealed or revoked when new decisions were put in
force, This fragmentation has resulted in differences in interpretation of the



of the regulatory bodies between the

scope, responsi

resently performing both
regulatory and promoting functions. Although if was a common approach in
the carly 1960’s of nuclear energy application and nuclear power
development to have a regulatory body attached to some form of atomic
energy organization, present internationally recognized safety principles
require that the regulatory body be effectively independent of the
organization charged with the promotion or utilization of nuclear energy.
Even allowing for constitutional differences and approaches between
countries, it is imperative to provide the legislative basis for an independent
unified nuclear regulatory body in the Philippine: is new Iogislation
proposes, among others, to encompass the relocation of all regulatory
activities presently performed in the PNRI under DOSY and these in the
BHDT under DOH, which are specific to ionizing radiation regulation; to a
position within the governmental organizational structure, such as the Office
of the President, that guarantees that controling functions of a regulatory
body are separate from the promoting functions.

REP. JOSRPH EMILIO AGUNALDO ABAYA

cme:

REP. ANGELO B. PALMONES


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tie Philippines
EPRESERTATIVES
Quezon City

HOUSE

FIFTEENTH CONGRESS
First Regular Session

3696

introduced By: HON. JOSEPH EMILIO A. ABAYA
HON. ANGELO B. PALMONES

ANACT
CREATING THE PHILIPPINE NUCLEAR AND RADIATION SAFETY COMMISSION,
PROVIDING FOR THE REGULATION AND CONTROL OF NUCLEAR AND OTHER
RADIOACTIVE MATERIALS, FACILITIES, AND RADIATION GENERATING
EQUIPMENT APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Bc it enacted by the Senatc and House of Represcatatives of the Philippines in Congress assembled:

ARTICLE 1 GENERAL PROVISIONS

Section §, Short Titte— This Act shall be known as the “Comprchensive Nuclear and Radiation
Safety Regulation Act of 2009”,

Section 2. Declaration of Policy — itis hereby declared to be the policy of the Stale to:
(@) ames science and technology inchiding use of nuclear energy and ionizing radiation to
improve the health and prosperity of the inhabitants of the Philippines, contribute to the gencral
‘welfare, and accelerate scientific, technological, agricultural, commercial and industrial progress;
) regulate and control the development and ese for all peaceful purposes of nuclear and offer

radioactive materials, facilities and radiation generating equipment, hereinafter referred to as

ty, and the cnvironment from the

ionizing radiation sources, to protect public health and
harmful effects of ionizing radiation consistent with the Philippines’ regional and international

obligations; and


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bilaterally or regionally, with neighboring states and other interested states, and with relevant

I safely obfigations and to promote cooperation.

both tof

intergovernmental organtvalion

Section 3. Objectives ~ The objectives of this Act are:

to provide a legal framework that adequately protects public health and safety and the
environment from possible harmful effects of ionizing radiation; and ensures security of ionizing
nudiation sources;

to establish the Philippine Nuclear and Radiation Safety Commission, hereinafter referred to as
the Commission, for the purpose of exercising regulatory control over the peaceful uses of
nuclear and other radioactive materials, facilities, and radiation generating equipment, hereinafter
referred to as ionizing radiation sources, which are conducted in the territory or under the
Jurisdiction or control of the Republic of the Philippines anywhere, including, but not limited to:
usc, import, export, transport, transfer, handling and management or any

production, possess
other activities or practices ideatified by the Commission;

to establish and maintain a regulatory system for the formulation of end/or adoption of standards,
ies and practices falling within the

licensing, inspection and enforcement to govern all acti
scope of this Act; and

to enable the Phitippines to mee! its obligations under relevant international instruments entered
ino by the Philippines, in particular, the Yrealy on the Non-Proliferation of Nuclear Weapons
(NPT); the Treaty on Southeast Asia Nuclear Weapon-firee Zone; the Convention on the
Physical Protection of Nuclear Material; the Agreement between the Philippines and the
international Atomic Enerzy Agency (IAHA) for the Application of Safegwards in Connection
will the NPT (ie Safeguards Agreement); aud any protocols thereto.

Section 4. Scope
‘This Act shall apply to all activitics and practices involving ionizing radiation sources including
nuckear and other radivactive mat sand ra
‘This Act shall not apply to activities or practices involving exposures that have been excluded

als, faci fon generating equipment

from regulatory controt through regulations established by the Commission.
ng radiation sources and

This Act shall not apply to activities or practices involving non-ioni
related facilities which are retained within the responsibilities of the Department of Health.

Section 5. Definitions — For purposes of this Act:

Activities moans the production, use, possession, import and export, and handling and
og and

management of ionizing, radiation sources; the (eansport of radioactive material; 1


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Processing of radioactive ores; fhe decommissioning of facilities; management of radioactive’
‘waste and such other activity as the Commission shall from time to time determine;

Authorization meins 2 permission granted by the Commission to a legal person who has
submitted an application involving ionizing radiation sources. ‘The authorization can take the
form of a notification, a registration, or a ficense;

‘Commission mans the Philippine Nucicar and Radiation Safety Commissio
Decormissioning moans activitics aimed at releasing nuctcar installation or workplaces with an
ng radiation source, following Ue termination of ieir operation, for their ulilization for

iw
other purposes, or for the purpose of exempting them from the requirements of this Act;
Emergency plan means 2 sct of procedures to be implemented in the event of an accident which
describes the objectives, policy and concept of operations for the response to an emengency and
of the structure, authorities and responsibilities for a systematic, coordinated and effective
response;

Emergency preparedness means the capability (0 take actions that will effectively mitigate the
consequences of an emergency for human health and safety, quality of 1ife, property, and the
environment;

Emergency response means the performance of actions to mitigate the consequences of an
‘emergency for human health and safety, quality of life, property, and the environment. It might
also provide a basis for the resumption of normal social and economic activity;

Exemptions mean the requirements set by the Commission or any government agency which
need not be complied with by an installation operator, ticensee or 3 practice;

Facilities mean nucicar installations or radiation facilities in which people may be exposed to
ionizing radiation. These include:

erial processing facilities such as uranium mines;

1) uranium mining and raw 0
2) enrichment and fuct manufacturing plants;

3) nuclear power plants;

4) other reactors such as research reactors and critical assemblies;
5). spent fuel reprocessing plants;
6) radioactive waste management facilities;
7), radiation generator installations;

8) irradiation installations;
9) nuclear and radiation facifities for medical, industrial, research and education purposes; and

10) such other facilitics as the Commission shall determine from time to time;

Facame means the monctary benefits gained by the Commission in the canduct of its regulatory
Functions;
Jadividual operator means any individual who musipulates the conieols of a nuclear installation,

radiation facility and radiation gencrating equipment;


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Instaliesion operator or Upermar means any person, organization, or government entity licensed
or authorized to undertake the operation of « nuclear or radiation facility or @ radiation generating
‘equipment;

Instiwute means the Philippine Nuclear Research tnstitute;

Jonizing radiation means clectromagnetic or particulate radiation capable of producing ion pairs
dircetly or indirectly;

Jonizing radiation sources means nucicas and other radioactive materials, facilities and radiation
generating equipment;

License means a legal document issued by the regulatory body granting, authorization to perform
specified activities related to @ facility or activity; or any authorization granted by the regulatory
body to the applicant to have the responsibility for the siting, design, construction,
commissioning, operation or decommissioning of « nuclear instattation;

Licensee means the holder of a current license granted for a practice or source who has
recognized rights and duties for the practice or source, particularly in relation to protection and
safely; or an organization having overall responsibility for a facility or activity;

ties or activities from which a release of

Nuclear accident meas uny accident involving

radioactive material occurs or is Tikely to ocour and which has resulted or may result in an
infcrnational transboundary reicasc that could be of radiological safety significance for another
State;

Nuclear damage wreans ioss of life, any personal injury oF aay loss, or damages to, of toss of use
of property, which arises oot of or results from the radioactive, toxic, explosive or other
hazardous properties, or any combination thereof, of nuclear fuel or radioactive products or any
. originating in, of sent to, 2 nuctear installation or

waste in, or of nuclear materials coming
from the ionizing radiation emitted by any oiher sources of radiation inside 4 nuclear installation,
Personal injury includes any physical or mental injury (including death), sickness or disease
whether caused dircetly by a physical trauma or otherwise;

Nuclear incident means any occurrence o series of occurrences having the same origin which
causes nuclear damage or, but only with respect (0 preventive measures, creates a grave und

imminent threat of causing such damage;

Nuctear instattation means any of the fottowi
1) a nuclear reactor for research or production of nuclear materials for industrial or medical use
(including critical und sub-critical assemblies);

2) a plant for preparing or storing fuel for usc in a nuclear reactor as described in paragraph (1);


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3). a nuclear waste storage oF disposal facility with an act
level prescribed by regulations made for the purposes of this section; or
4) facility for production of radioisotopes with an activity thal is greater than the activity level

that is greater than the activity

prescribed by regulations made for the purposes of this section,

Nuclear material means:

1) source material represcated by uranium containing mixtures of isotopes occurring in nature,
uranium dopicied in the 235U isotope oF thorium and cach of these items in the form of
ineial, alloy, chemical compound or concentrate, as well as snatcrials containing one or more
of the foregoing in concentration or amount excceding values established by the
Commission;

2) special fissionable material; and

3) such other materials the Commission shall determine from time to time,

Nuctear/radiotogicat emergency is non-routine situation that necessitales prompt. action

, quality of

primarily t mitigate a hazard or adverse consequences for human health and safe
life, property of the environment;

Nuclear safely cans the achievement of proper operating conditions of nuclear installations,
proper handling and use of nuclear material, prevention of accidents or mitigation of accident
consequences resulting in protection of workers, the public, and the environment from the

harmful effects of ionizing, radiation;

Official Gazette means the official journal of the Philippine government where this Act and
the Commission's regulations may be published: the journal reports all laws, actions and
decisions issued by the government and other information on things such as hearing and
tribunals, proposed changes and any thing else the government feels should be told to the
public;

Person scans (1) Any individual, organization, corporation, partnershi
estate, public or private institution, group, political or administrative entity or other person
designated in accordance with national legistation, who or which fies responsibility and authority
for any action ken under this Act; and (2) any legal successor, representative, agent, or agency

firm, association, trust,

of the foregoing:
Physical protection means technical and organizational measures for protection of nuclear
material or authorized facilities designed to prevent unauthorized access with nuclear
installations, nuclear materials and other radioactive materials;

Practice means any human activity that introduces additional sources of exposure or exposure
pathways or extends exposure to additional peaple or modifies the network af exposure pathways

from existing sources, so as to increase the exposure or the likelihood of exposure of people or

the number of people exposed


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izes radioactive materiais: x-ray facility; particle

Radiation fociiiry means a facility
accelerator facility; and other such facility that the Commission shall determine from time to

time:
Radiation generating equipment aeans an equipment that generates ionizing radiation when
energized (e.g., x-ray generating equipment} or that would, if assembled or repaired, be capable
of producing ionizing radiation when energized or an equipment as the Commission shall from
lime to time determine;

Radiation protection means the protection of people and dhe enviroment from the harmful
effects of ionizing radiat

ize the likelihood of accidents involving

Radiation safety means measures intended to mi
radioactive sources and, should such an accident occur, to mitigate its consequences;

Radioactive material means any material designated in national law or by a regulatory body as

being subject to regulatory control because of its radioact
Radioactive waste means waste substances, objects or equipment for which no further use: is
foreseen by their owner, with a ridionuctide content or surface radionuclide contamination
exceeding values permitting their discharge into Ute environment, diese values shall be set out in
an implementing regulation;

Radioactive waste disposal means a permanent emplacement of radioactive waste into arcas,
facitities or installation without the intention of its retrieval;

Radioactive waste and spent fuel storage ieans the holding of radioactive sources, spent (uel or
of radioactive waste in a facility that provides for their/its containment, with the intention of
retrieval;

Radiological accident means an event resulting in an imadmissible release of radioactive
substances or ionizing radiation, or aut inadmissible exposure of people;

Safeguards means measures undertaken to ensure that the nuclear matcrial, non-nuclear
material, services, equipment, facilitics, information and certain items are not used for the
manufacture of nuclesr weapons or any other nuclear explosive devices or to further any military

purpose;
Security means the prevention and detection of and response to, theft, sabotage, unauthorized
access, illegal transfer or other malicious acts involving nuclear material, other radioactive
substances or their associated facitities;

Jrunium-233, Uranium enriched in the

Special fisionable materiats mez ¥
isotopes 235 or 233 and materials containing one or more of the foregoing in concentration or

amount exceeding values established by the Commission; and


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experts from outside the

foo} Technica? Suppers Organization means the ouside organization
Commission’s permanent staff from whom the Commission may seck advice or

recommendations in the conduct of its regulatory responsibilities.
ARTICLE H- THE PHILIPPINE NUCLEAR AND RABIATION SAFETY COMMISSION

Section 6, Creation of the Philippine Nuciear and Radiation Safety Commission — The
Philippine Nuclear and Radiation Safety Commission, hercinafier referred to as the Commission, is
hereby created and shall be the agency of the State to regulate and control the utilization of ionizing
radiation sources. The Commission shall have authority over all aspects of safety and sccurity involving
the peaceful uses of nuclear energy. ‘The Commission shall be attached to the Office of the President,

Section 7. Use of Income ~ ‘The Commission shall be allowed to use 100% of its income for
upgrading of its physical and human resources, for the conduct of its activities, and for augmentation of
its budget in case of shortfatts.

Section 8 Organizationa! Structure of the Commission — The head of the Commission shall
draw up its organizational structure to be submitted to the President for approval. ‘the Commission shall
be headed by a Commissioner who shalt be appointed by the President for @ term of five (5) years with a
rank equivalent 10 an Undersecretary. The Commissioner shall be assisied by two Associate
Commissioners who shall be appointed by the President with a term of four (4) years and three (3) years

respectively. ‘Thereafier, the successors shall be appointed for five (5) years.

‘The Commissioner shall not be removed from service for political considerations, but only for
just cause which includes misconduct, demonstrated lack of competence, unlawful bchavior, inability to
perform assigned duties, and the like,

Section 9. General Authority of the Commission - in the performance of its functions under

this Act, the Commission is suthorized

safety and security principles, standards and associated criteria as a basis for its

(a) define polici

regulatory actions;
(b) establish, issue, amend, revoke, promote or adopt regulations, orders and guides;
(©) establish system of authorization in the form of notification, registration, and licensing;

(@) review and assess submissions on safety and security from the operators both prior to
authorization and periodically during and after operation as required;
(©) issuc, amend, modify, suspend or revoke authorizations, subject to any necessary conditions as

determined by the Commission;


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carry out regulatory inspections to cnsure compliance with regulations and undertake the

necessary enforcement action in the event of non-compliances;

define exemptions and exclusions from reguiatory control:

ensure the applications of safeguards and security requirements consistent with international
obligations;

charge and collect reasonable fees in the performance of its regulatory functions, provided that
such fees shall be imposed by regulation on the basis of such published criteria as the

Commission deems appropri
hold hearings, conduct investigations and for these purposes , administer oaths and affirmations

and issue subpocnas (o any person to appear and testify, or to appear and produce documents at
any designated time and place;
call upon other government agencies and instrumentalites for assistance and cooperation in

carrying out the provisions of this Act;
ion with other relevant authorities, a system of control over

establish and implement, in coopera
the export and import of nuclear and other radiouctive materials, sources, equipment, information
and lechnology determined to be necessary to protect the safely and securily of the Philippines
‘and to implement relevant international commitments of the Philippines;

cooperate with other relevant agencies of the Philippines in establishing and maintaining a plan
for preparedness and response to emergencies involving nuclear or other radioactive materials in
accordance with the national emergency response plan;

carry out oF contract the conduct of rescarch on radiation safety and security. necessary to
implement its functions;

‘establish appropriate mechanisms and procedures for informing the public, press, media and
other stake-holders about the regulatory process and the safety and security aspects of regulated
activities and practices, including incidents, accidents and abnormal occurrences;

establish accreditation criteria as may be required, including but not limited to, for certification
of training institutes, training programs, and organizations on nuclear and radiation salety, and

for qualifications of operating and other personnel in nuclear installations and eadiution facilities;
conduct such other relevant functions as may be necessary to attain the objectives of this Act,
and

Nothing in this Act shall preclude the authorized agents of the Department of National Definse

to make inspections of atomic cnergy facilities, materials or any activity jointly with the

authorized representatives of the Commission after prior consultation with the latter when the

security of the state is involved.

Sectiva 10. Regulatory Policy ~ In issuing licenses and regulations under this Act, the

‘Commission shall:


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.nts consistent with the Commission's obligations under this Act

(3) impose the minimum require
to protect the health and safety of the public and the environment, and ensure the security of
ionizing radiation sources; and

(b) prevent the spread of nuclear weapous and prevent nuclear or radiological terrorism consistent
with the obligations of the Philippines under relevant intemational instruments.

advisory bodies or

Section 11, Advisory Bodies - The Commission may choose to establi
seek expert opinion and recommendations fom Technical Support Onganizations whose technical advice
will not have conflict of interest or improper influence on its regulatory decision making. Any advice
offered shall not relieve the Commission of its responsibilities under this taw, other relevant laws and

Applicable regulations of the State

Section 12. Advisory Board on Safety of Nuctear tastallations and Radiation Facilities and
Materials. ~ Upon the recommendation of the Commission, the Secretary of the Department of Science
and Technology (OR TO WHICHEVER DEPARTMENT THE COMMISSION IS REPORTING TO)
Shall establish an Advisory Board on safety of nuctear installations and radiation facilities and materials
not exceeding cleven in number and appoint the members, to assist and advise the Commission on the
health and safety matters arising in connection with nuclear installations and radiation facitities and
‘material Yicenses, and reguiations applicable to such authorizations, composed of experts outside the
‘Commission from other government agencies or the private sector or both: Provided, however, that the
‘bility with respect to such matiers. The opinions

Commission shall have the final decision and respon
and reports of the Board on authorization applications shali be made in writing and shall be made

avaitable to the public.

ARTICLE IH — REGULATION AND AUTHORIZATION OF NUCLEAR INSTALLATIONS
AND RADIATION FACILITIES

Section 13. Activities Subject (o Asthorization. — 11 shall be unlawful for any person to
transfer, construct, receive, own, possess, operate, import or expart any nuclear installations and radiation
facilities except under an authorization issued by the Commission under this Act.

Section 14, Form und Content of pplication, — Each application for an authorization for
nuclear installations and radiation facilities shal! be in writing and shall contain such information as the

Commi es under this
Act. Such information shall inckide, but shall nol be fimited to, information bearing on the technical and
financial qualifications of the applicant, the character of che applicant, and de citizenship of the

applicant. In addition, the applicant shall state such technical information as to the proposed nuclear

n may by regulations or order deem to be necessary to carry out its responsibil


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installations and radiation facilities. the amount, kind. and source of reactor fuel requirements, the
proposed location and site of the nuclear installations and radiation facilities, the operational procedure
for the nuclear installations and radiation facilities and such other information as the Commission may by
regulation deem necessary in order to enable it to decide whether operation of the nuclear installations
and radiation facilities will not pase undue risk to the health and safety of the public and the

environment.

Section 15, Citizenship Requirement. — No authorization to acquire, own, or operate any
nuclear installations and radiation facilities shall be issued to an alien, or any corporation or other entity

which is owned or controtted by an alien, « foreign corporation, or a forcign government

For purposes of this Act, 2 corporation or entity is not owned or controfied by an alien, a forcign
corporation of a foreign government if at least sixty percent (60%) of its capital stock is owned by
Filipino citizens.

Section 16, Provisional Authorization. ~ In all cases of application for authorization to
construct @ nucicar installation and radiation facility, if the Commission finds that, on the basis of the
technical information and data so far made available to it, there is reasonable assurance that the proposed
facility can be constructed and operated at the proposed location without undue risk to the health and

nment, aud security of the ionizing radiation sources, it shall ini

safety of the public and the envi
issue @ provisional license te the applicant. Such  provisi
health, safety, and security information then available is less than would be necded for an authorization to

operate provided that the Commission is satisfied that there is ressonuble assurance that questions of
health, satety, and security will be so resolved as to warrant the issuance of an authorization to operate

the

\stallation.

Section 17. Authorization to Operate. — Upon the filing of any additional information and
data needed to enable the Commission io make a determination of the safely aspects of the complete

nuclear installations and radiation facilities, and upon finding that the facility authorized has been

constructed and wit! operatc in conformity with the application as amended and in conformity with the

provisions of this Act and of the regulations of the Commission, and in the absence of any good cause

jortation would nol be in accordance with

own to the Commission why the granting of an
the provisions of this Act, the Commission shall thereupon issue an authorization to the applicant 10

operate the facility

Sectiva 18. Continued Operation of Nuclear insisliniions and Radiation Facilities in Case
of Revoked Authorization. Whenever the Commission finds that the public convenience and necessity


Cr ance

of the country require cominued operation of a nucicar instaliation and radiation facility the authorization
for which has been revoked. the Commission may. afier consultation with the appropriate agency having
jurisdiction and after determining that there couid be no significant risk to the health and safety of the
public and the environment, and security of the ionizing radiation sources, order that possession be taken
of such nuclear insiallation and radiation facility and materials and that it be operated for such period of |
time as in the judgment of the Commission, the public convenicace and necessity for the nuclear energy
development program of the Commission require, or until an authorization for the opcration of the
shall beoome effective, Just compensation shall be paid for

nuclear instathations und radiation fac

the use of the facility.

Section 19, Additional Requirements in Case of Nuclear Installation for Commercial
facility

Power: Exemptions. — Nothing in this Act sill be construed to exempt the operator of a auc
designed primarily for the generation of electricity for commercial purposes, from complying with other
equirements provided by existing laws, such as securing a franchise, a certificate of public convenience
and necessity, obtaining approval for rates and services and others, from the sppropriaie agency having
ission, importations of nuclear fuel

Jurisdiction: Provided, however, thal upon certification by the Com
for use in these facilitics shall be free from all taxes and duties in accordance with incentives under the
pertinent provisions of the Board of Investment (BOI) Act.

Section 20. iudividual Operators. ~ he Comunission shall:
{a) Prescribe the classes of nuciear installations and radiation facilities for which it determines that
individual operators’ authorization should be required in order to protect the health and safety of

the public and the environment;

(©) Determine the qualifications of such individuals;

(ce) Issue authorization to such individuals in such form as the Commission may prescribe; and

(Suspend or revoke such authorization for violations of any provisions of this Act or regulation or
order issued by the Commission.

ARTICLE IV - REGULATION AND AUTHORIZATION OF NUCLEAR AND OTHER
RADIOACTIVE MATERIAL AND RADIATION GENERATING EQUIPMENT

Section 21, Activities Subject to Authorization. — It shall be unlawfid) for any person to

SS, own, usc, transfer, import or export any nuclear and other

manufacture, produce, reccive,
radioactive material and radiation generating equipment except under an authorization issued by the

of except as olherwise authorized by the Commission under this Act: Provided, however,

Commnissi


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that the mining and processing of radioactive ores or materials shali he governed by the applicable

mining laws prior to the removal from its place of deposit in nature.

Section 22. Exemption Irom the Authorization Requirements, ‘The Commission may, by
regulation, exempt nuclear and other radioactive material and radiation generating equipment from the
authorization requirements of this Act if the Commission finds that the cxemption will not constitute an
nment and to the security of the ionizing

undue risk to the health and safety of the public and the envi

radiation sources.

Section 23. Form and Content of Application. ~ Pach application for an authorization for
nuclear and other radioactive material and radiation generating equipment shall be in writing and shall
contain such information as the Commission may, by regulation or order, deem to be necessutry to carry
its responsibilities under this Act, All applications and statements shall be signed by the applicant or

ficensee.

Sectiva 24. Prior and Preferential Rights of the Government over Specia! Fissionubie
Material. ~ The Government of the Philippines, acting through the Commission, shall have the right to
acquire any special fissionable material owned by a person in the Philippines. Such right may be
‘exercised only when in the view of the Commission the development of nuclear energy in the Philippines
‘or the national interest so requires. ‘The acquisition of special fissionable material pursuant to this section

shall be made for e fair and rensonable price.

ARTICLE V - COMMON PROVISIONS FOR REGULATION OF IONIZING RADIATION
SOURCES.

Section 25. Form and Content of Authorization.
(a) Bach authorization shall be in such form and shall contain such terms as the Commission may
prescribe to effectuate the provisions of this Act
{b)_Bvery authorization issued under this Act shall be subject to the rights of possession or control
vested in the Commission under the provisions of this Act and to all of the other provisions of
this Act, now or hereafler in effect and to all valid regulations and orders of the Commission,

Section 26. To Whom Authorization Issued. — ‘The Commission shall issue an authorization

(a) That the proposed activities are consistent with the policies declared in Section Two of this Act;


(b) ‘That the applicant is technically and financially qualified to engage in the proposed activities in
accordance with the requirements of this Act and the Commission's regulations, and has met all
relevant requirements:

(©) That the proposed activities wit! not pose undue risk to the health and safety of the public and

he ionizing radiation sources; and

the environment, and security 6
(d) ‘That the applicant, if required by this Act or the Commission's regulations, has financial
security to fulfill the obligations for Hability for nuclear damaye,

Ce u ana n

Section 27. Period of Authorization. — Each authorization shall be issued for a specified
10 period, as determined by the Commission depending on the type of activity to be authorized and may be
11 renewed upon the expiration of such period

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B Section 28. Transfer of Authorization. - No authorization issued by the Commission, and no

14 right granted by any such authorization, shall be transferred, assigned, encumbered, or in any manner
15 disposed of, cither voluntarily, or involuntarily, directly or indirectly, unless the Commission shall, after
Ghat such transfer, assignment, encumbrance, or other disposition is in the

16 securing full information fi
17 accordance with the purposes and provisions of

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19 Section 29. Authorization Subject to Amendment. — ‘The terms and conditions of all

‘Act and shall give its consent in writing,

20 — authorization shall be subject to amendment or modification, by reason of amendments of this Act or by
21 reason of amendments of regulations or orders issued in accordance with the terms of this Act.

22

23 Section 30. Regulatory Enforcement Powers. - For the purpose of determining whether the
24 application should be granted or denied or whether an authorization should be modified, suspended, or
25 revoked, and of otherwise implementing its licensing and regulatory responsibilities undler this Act, the
26 Commission may at any time after the filing of the original application and before the expiration of the
27 authorization (a) require additional written statements which shall, if the Commission so decides, be
28 made under oath or affirmation, and additional tech ng act ies under
29 the application; (b) enter, through authorized representatives, at all reasonable times, the premises where

information and data concer

in facitities and materials are located or where ionizing radiation

30 the nuctear installations and radi
31 sources are stored, and perform such inspection as may be necessary; and (c) order the applicant or

32 licensee, where situations or conditions endangering life, health or property are found to
33 such measures as would eliminate or protect against such situations or conditions.

34

35 Section 31. Modification, Suspension or Revocation of Authorization - Any authorization
36 maybe modified, suspended or revoked, in whole or in part, for any material false statement contained in
37 the application, or contained in any statcment, record or report required under this Act or for reasons or


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conditions revealed by sich application or stafement of fact or any report, record, or inspection oF other
means which would warrant the Commission to refuse to grant an authorization on an original
application, or for failure to construct or operate nuclear installations and radiation facilities in
accordance with the terms of the authorization, or for violation of, or failure to observe, any of the terms
and provisions of the Act or any ruic, regulation or order af the Commission.

Except in cases of willful violation or those in which the public interest, health, safety, or
vensee

sceurity requires otherwise, no authorization shall be modified, suspended or revoked until the
shall have been accorded an opportunity 10 demonstrate or achieve compliance with all lawful

requirements.

Section 52. Protective Measures in Cases of Suspension, Revocation or Expiration of
Authorization . — Upon the suspension, revocation, o expiration of an authorization which is not
renewed, and pursuant to Commission order, the Commission shall take, or shall require the licensee to
take, such measures as may be necessary to proicct the health and safety of the public and the
environment from the harmnfil effects of radiation, and ensure security of the ionizing radiation sources.
‘The Commission may, if necessary te protect the hicalth and safety of the public and the environment,
and ensure security of sources, take temporary custody of any nucicar and other radioactive mater
facilities held by the licensee pending their appropriate and tawfal disposition by or for the ficensee

Section 33. Combining Appiications: Oath or Affirmation, — The Commission may consider
in a single application one or more of the activities for which an authorization is required by this Act and
may combine in a single license authorization for one or more of such activities. The Commission may

require that any application or statement be made under oath or affirmation.
ARTICLE Vi - RADIATION PROTECTION
Section 34, Radiation Protection. — ‘The Commission shall:

(8) take the appropriate steps to ensure that:
shall be authorized unless it produces sufficient benefit 10 the

(1) no activity or practi
exposed persons or to society in x manner that offsets the radiation harm that it may
cause, taking into account social, economic and other relevant factors;

@) in relation to ionizing radiation exposure to workers and the public caused by # nuclear
installation or radiation facility, the magnitude of individual doses, the number of
persons exposed and ihe likelihood of incurring exposures shall all be kept as low as
reasonably achicvabic, economic and social factors being taken into account; and


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(3) _no individual: Shall-be exposed 10: ionizing mdietion: doses which exceed ‘prescribed

national dose Limits;

(b) maintain a national system for registration of licensees, registrants, imported and exported
selected items, and ionizing radiation sources; snd

(© maintain a record of exposure of the public, patients, and of workers occupationally exposed to

ionizing radiation at their work.

Section 35. Regulatory Control of lonizing Radiation Sources.
(2) The Commission shall adopt requirements for the protection of persons from injury due to
‘exposure to ionizing radiation.
(b) ‘The Commission shall establish dose limits to persons that may not be exceeded, in conducting
recommendations.

activities under regulatory control, taking into account the L
(©) The Commission shall identify sources or practices to be exempted from regulatory control based
‘on established criteria.
(d) ‘The Commission shall establish clearance levels below which radioactive SOURCES within
authorized activities and practices can be relewsed from regulatory control.

Section 36. Responsibititics for Radiation Protection.
(a) ‘The primary responsibility for ensuring the protection and safety of workers and the public from
radiological accident rests with the person(s) authorized to engage in activities utilizing ioni

radiation,
(b) Authorized persons shall ensure compliance with requirements and dose limits established by the
‘Commission and shall ensure that radiation doses to workers and the public, including doses
from releases to the environment, are as low as reasonably achievable, taking into account social

and economic factors.

Section 37. Protection of Patients. — The person licensed to conduct medical practices shall

istered a diagnostic or therapculic exposure unless the exposure is

censure thal no patient will be adn
prescribed by a medical practitioner who is assigned the primary task and obligations for ensuring overall
patient proicetion and safety in the prescription of, and during the delivery of, modicat exposures.

Section 38. Exposure to Natural Sources — The Commission shall promulgate appropriate
regulations and related guidelines to address all issues and concems related to exposure to ionizing
radiation from natural sources, Mining, milling of radioactive minerals, and management of radioactive
wastes from these mining and milling industries as well as those generated from similar industries

shatl be subject to regulatory control of the Commission.


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b)

Section 39. Emergency Preparedness and Respense- The Commission shall:
coordinate the activity of the radiological emergency response organization of the Commission
Jin the framework of the National Disaster Coordinating Council of the Department of

wi
National Defense in case of a nuclear and radiological accident; and

provide for the activities of an emergency response center and for an international exchange of
information on the radiation situation, consistent with the Philippines’ obligations under the
Convention on Early Notification of 2 Radiation Accident and the Convention on Mutual
Assistance in Case of a Radiation Accident.

ARTICLE Vi ~ TRANSPORT OF NUCLEAR AND OTHER RADIOACTIVE MATERIAL

The

Section 40, Regulation for Transport of Nuctear and Other Radioactive Material

Commission shall establish and implement safety and security requirements for the transport of nuclear

and radioactive material to, from and within the jurisdiction of the Philippines in coordination with

relevant national government agencies and consistent with the IAEA transport regulations.

(b)

by

Section 41. Requirements for Authorization to Transport Nuclear and Other Radioactive
Material,

No person shall engage in the transport of nuclear and other radioactive material without

complying with the requirements set forth by the Commission in the transport regulations.

‘The person authorized to engage in the transport of nuclear and other radioactive material shall

is safety und security during transport.

have the primary responsibility for ens

ARTICLE Vill ~ MANAGEMENT OF SPENT NUCLEAR FUEL AND OTHER
RADIOACTIVE WASTE.

Section 42. General Policy
Under the terms of this Act, the State guarantees safe MANAGE!
all radioactive waste IN A MANNER THAT PROTECTS HUMAN HEALTH AND THE
ENVIRONMENT, BOTH NOW AND IN THE FUTURE;

THE STATE WILL IDENTIFY OR ESTABLISH AS NECESSARY THE ORGANIZATIONS
WHICH WILL HAVE RESPONSIBILITY FOR THE MANAGEMENT AND DISPOSAL OF
RADIOACTIVE WASTE AND SPENT FUEL;

‘The generators of spent nuctear fuel and other radioactive waste AS WELL AS THE operaiors

ENT of spent nuclear fuel and

of spent nuclear fuel management and radioactive waste facilities shall have the primary



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responsiniiny for the safe management of the spent nuclear ive! and ratinactive waste and related
facilities. ‘The generation of radioactive waste shall be kept to the minimum practicable.

Any person who manages spent nuclear fuel and radioactive waste shall take into consideration
all its physical, chemical and biological properties that might have a bearing on its safe
‘management and ensure the security of the facility;

Any person owning and/or generating nuclear and other radioactive waste shall bear all costs
associated with its management, from its time of origin to its disposal, including monitoring of
the radioactive waste disposal facilities afler their closure, and including the necessary research
and development activities. A contractual transfer of rights to manage radioactive waste or of its
‘ownership must be stipulated in writing;

Unless a generator or the Commission declares spent or irradiated fuel to be radioactive waste, its
‘management, apart (rom the requirements arising out of other provisions of this Act, is subject to
the same requirements as applicable to radioactive waste. An owner of spent or irradiated fuel
and other radioactive waste shatl manage it in such a way as not to encumber the potential for
subsequent processing or disposal and impose undue burdens on future generations;

‘The Commission shall establish regulations on the management of nuclear and other radioactive
‘waste in accordance with national regulations and international safety standards;

‘The Commission shall establish regulations for ensuring that operators of nuclear facilities make
adequate financial arrangements for waste management; and

‘The Commission shall take decisions ensuring management of nuclear or radioactive waste if
‘Act and fits to remedy conditions that

their owner or gencratar proceeds in contravention to thi
have arisen. Decisions shall take into account the interests and concerns of all interested and

affected people.
ARTICLE IX — IMPORT AND EXPORT.

Sectiva 43. ExporVimport Control - The Commission shall:
establish regulatory requirements and relevant guidelines for the exportation and importation of

nuclear and radioactive materials and ionizing radiation devices which require licensees, inter

alia:

1) to secure an authorization from the Commission prior to export or import with the assurance
of applying safeguards and physical protection measures to protect public health, safety and
secutity;

2) to ensure before import that the exporter has an authorization from the Competent Authority
of the exporting country to export such sources to the Philippines in accordance with laws

and regutations of that country; and


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(b)

()

a)

b)

©)

3) 1© ensure before export that me importimg conmTy has the appropriate technical and
administrative capability, resources and regulatory infrastructure needed for the safe and
secure management of the requested sources, particularly disused or spent sources;

coordinate with relevant agencies of government and establish appropriate formal mechanisms

for coordination to effectively implement these imporvexport control measures for nuclear and
radioactive materials including devices that produce ionizing radiation; and

transport radioactive sources through the territory of a transit or transshipment State in a manner

ig relevant intemalional standards relating to the transport of radioactive

consistent with exi

materials,

ARTICLE X ~ SAFEGUARDS, PHYSICAL PROTECTION AND SECURITY

Section 44, Safeguards — The Commission shall:

maintain a Stale system of accounting for and control of nuclear materials and establish
tlwods for control of nuclear material;

requirements for accounting for und
fulfill the State's obligation to the Non-Proliferation Treaty and related international treaties,

conventions and agreements; and
ensure unimpeded access to locations and facilities by IAEA inspectors and full cooperation by

authorized persons and licensees.

Section 45. Physical Protection - ‘The Commission shall establish requirements for the

Physical protection of ionizing radiation sources and shall fulfill the State's obligation ws a party to the
Convention on Physical Protection of Nuclear Material.

fa)

(b)

()

Section 46. Security ~ ‘The Commission shall:
cstablish and maintain appropriate regulations and regulatory guides for the security of ionizing
radiation sources including during transport of nuclear and radioactive materials;

implement effective measures to prevent, detect and respond to unauthorized acts involving
ionizing radiation sources that may cause injury 10 persons, property or the environment in the
Philippines or otherwise jeopardize national security; and

‘evant agencies of government and seek international cooperation to

coordinate with the

effectively implement these security measures for ionizing radiation sources.

ARTICLE Xt ~ ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW



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Section 47. Notice and Conduct of Hearing
8} In any proceeding under this Act for the granting, suspending, revoking or amending of any
authorization, inciuding an appiication to transfer controi of an authorization , or upon the
issuance of an order under Sections eighteen (18), twenty four (24), thirty (30), or thirty two (32),
ike Commission shail hold a hearing upon the request of any person whose interest may be
affected and shall admit such person as a party to the proceeding.
b) Commission hearings may be open to the public and relevant stakeholders, excep! where

ns of security, naliomal defense or proprietary miter.

‘warranted by considera
©) Except in cases where immediate action is required in order to protect the health and safety of the
public or the national interest, no order issued under Sections cightecn (18), twenty four (24),

thirty (30), or thirty (wo (32) shall become effective until aller the licensee has had notice for a
hearing and opportunity to be heard,
4) Where an order suspending, revoking or modifying an authorization, or an order issued under
ions eighteen (18), twenty four (24), thirty (30), or thirty two (32) is made effective without

prior notice for a hearing and opportunity to be heard , the order shall only be temporary pending

the hearing and issuance of the Commission's final decision in the proceeding.

Section 48. Notice of Regulation No regulation adopted by the Commission shall be
effective less than fifteen days after publication of the regulation in the Official Gazette, except, that if
the Commission finds that the health, safety, and security or the national interest requires, the regulation
may be made effective immediately upon publication in the Official Gazente or upon furnishing copies of

the regulation to the persons affected.

Section 49. Incident Reports — No report by any licensee of any incident arising out of or in
connection with an authorized activity made pursuant to any requirement of the Commission shall be
admitted as evidence in any suit or action for damages growing out of any matter mentioned in such

Feport.

Section 50. Hearing Procedure — All hearings and investigations before the Commission shall
the conduct thereof, the Commis

bbe governed by rues adopted by the Commission: Provided, that ion

ni shall as a matter of

Shall not be bound by the technical rules of evidence, except that the Commi

policy provide for the exclusion of irrelevant, immaterial er duly repetitious evidence.

Section 5t. Grders and Decisions ~ All orders and decisions of the Commission taken in any
proceeding after hearing shall be in writing, stating clearly and distinctly the facts and issues involved
and the reasons on which the Commission's order or decision is based, and shall be made available (o the
public.


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Section 52, Judicial Review ~ The Court of Appeals is hereby given the power of judicial
te Commission rendered under Section fifty one (51) and

review over any final onder or decision
shall modify or set aside such order or decision when it clearly appears that there was no evidence before
the Con {v support reasonably such order or decision, oF that the same is contrary lo law. Any
such final decision or order may be reviewed by the Court of Appeals on the application of any party or
other person affected thereby, by certiorari in appropriate cases, or by petition for review, in accordance
Jn such period as the Commission may rule or preseriby but not exceeding

with the Rules of Court,
thirty days from notice of such order or decision. An appeal shall not suspend the grant of authorization,
‘but shal! maintain the suspension or revocation of authorization untit after the final disposition of the
appeal by the Court of Appeals, unless said Court determines otherwise. On questions of law only such

order or decision may be reviewed by the Supreme Court.

ARTICLE XH — CIVIL LIABILITY FOR NUCLEAR DAMAGE

Section 53. The Operator Liability — The installation operator shall be Tiable for nuctear
damage upon proof that such damage has been caused by a nuclear accident:

(2) imhis nuclear installation: or
(©) _ involving nuclear material coming from or originating in his nuclear installation, and occurring:
3). before Fiability with regard 10 nuclear incidents involving the nuclear material has been

assumed, pursuant to the express terms of a contract in writing, by another installation
operator; or

2) in the absence of such express terms, before another installation operator has taken charge of
the nuclear material;

(© involving nuclear material sent to his nuclear installation, and occurring:

1) after Viability with regané to nuclear incidents involving the nuclear material has been
assumed by him, pursuant (0 the express terms of a contract in writing, from another
installation operator, or

2) im the absence of such express terms, afier he has taken charge of the nuclear materiat:
Provided, That if nuctear damag
installation and involving nuclear material stored therein incidentally to the carriage of such

is caused by # nuclear incident occurring in a nuclear

material, the provisions of par (a) of this Section shall not apply where another installation

‘operator o person ble pursuant to the provisions of par. (b) oF (c) of this Section,
(Any provision in this Section to the contrary notwithstanding, the installation operator shall be

accident

liable for nuclear Jamage upon proof that such damage hus been caused by a nucl

involving nuclear material in the course of carriage:


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fippines, oF
2) from his nuciear instalistion 10 a nucicar insaliation iocated ouside tie Repuowe o1 tie

Section 54. Absolute and Exctusive Liabi

(@) The fiability of the installation opensior for nuclear damage 2

(b) The installation operator shall not be liable for nuclear damawe caused directly or indirectly by @
‘grave natural disaster of an exceptional character.

{e) Except as otherwise provided in Anicle twelve of this Act, no person other than the installation

‘operator shall be liable for nuclear damage.

Section 55. Recourse Actions ~ The installation operator shat! have a right of recourse only:
(a) if there is such a right pursuant to the express provision of a written contract with the other

installation operator; o¢
(b) ff the muctear incident results from an act or omission done with intent to cause damage, against

the individual who has acted or omitted to act with su

Section 56. Gross Negligence or intentional Act of Claimant. if the nuclear damage
resulted wholly or partly either from the
fact oF omission of such person done with intent to cause damage, the Court may relieve the installation

operator from his obfigation to pay compensation in respect of the damage suffered by such person,

Section 57. Exceptions te Liability. ~ No installation operator shall be liable for any nuclear
damage caused by a nuclear accident directly due to an act of armed conflict, hostilities, civil war or

insurrection.

Section 58. Limit of Liability - Ihe liability of the installation operator for nuclear damage
tunder this Act shall be limited {0 an amount in Philippine pesos which is equivalent to three hundred

million dollars ($300,000,000.08), United States currency, for any one nuclear incident, exclusive of an

interest or costs which may be awarded by the Court in actions for compensation of such nuclear damage,

‘The amount maybe subject to change, as determined by the Commission, in accordance with

international conventions ratified by the Philippines,

Section 59. Feuperiy fur Which insiallation Operaior Nui Liuble - The installation operator
shal] not be liable under this Act for nuciear damage:


(omy propery OF Ine SHE pL NAL NSTallaHOR which 1S used oF

He me nUCIEAY yseaLOR se

wo be useu in conuecnon win tat instalation; OF
1p the means of transport upon which Ihe nuciear materral involved was located at Ie ume Of

b)
the nuciear inciaent,
a) the liability of any individual for nucl ef

Sections fifty seven (57) and fifly nine (59) of this Act is not liable under this Act and which that
individual caused by an act or omission done with intent to cause damage

0) the liability outside this Act of the installation operator for nuclear damage for which, by virtue
of sub-paragraph (b) of Section fifty nine (59) of this Act, he is not liable under the provisions of
this Act.

Section 61. Exclusions ~ The Commission may, if it determines that the small extent of the risk
involved so warrants, exclude by regulation any small quantities of nuclear material from the application
of the provisions in this Article X11. Provided, That (a} maximum limits for the exclusion of such
quantities have been established by the Board of Governors of the International Atomic Energy Agency;

and (b) any exclusion must be within the limits so established

cial Security — No authorization to operate a nuclear

jon 62. Requirement of
sued unless the instaliation operator secures and maintains insurance or other

installation shall be i
financial security covering his tiability for nuclear damage under this Act, ine Commission shall by
regulation, prescribe, the type and terms of financial security herein required, which may include private

insurance, private contraciual indemnity, self-insurance or other proof of financial ability to pay damages
under this Act or a combination of any thereof: Provided, that, in fixing the type and terms of such
financial protection, the Commission shall be guided by the objectives of assuring to potential victims of
posing anreasonable burden on te

@ nuclear incident adequate and effective compensation

installation operator.

Section 63. Certificate to Carrier ~ In accordance with such regulations as the Commission

may issue, the appropriate installation operator sitall provide the carricr. which furnishes carriage of
nuclear material, with a certificate issued by or on behalf of the insurer or other financial guarantor
furnishing the financiat sceurity under Section sixty two (62). The certificate shall be in such form and

contain such information as may be prescribed by the Commission's regulations, including the name and

address of the appropriate installation operator, the amount, lype and duration of the security and a

statement that such information may not be disputed by the person for whom or on whose behalf the


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contincate was issned, The certificate shall indicate the mi

applies and shall include also @ verification by the Commission that the person designated is an
ns of this Article.

jcar matcrial in respect to which the security

appropriate installation operator within the meaning of the prov

Section 64. When Non-nncicar Damage Deemed Nuclear Damage — Whenever both nuclear
damage and damage other than nuclear damage have been caused by a nuclear incident or jointly by @
nuclear incident and one or more other occurrences, such other damage shall, to the extent that it is not
reasonably separable from the nuciear damage be deemed, for purposes of this Part, to be nuclear damage
‘caused by that nuclear incident. Where, however, damage is caused jointly by nuclear incident covered
of ionizing radiation not covered by it, nothing in this Article shall

by this Articte and by an emissi
limit or otherwise affect the liability, either as regards any persons suffering nuclear damage or by way of
recourse or contribution, of any person who may be held liable in connection with that emission of

ionizing radiation.

Section 65. Several Installation Operators Liable - Where nuclear damage enguyes the

ily of more than one installation operator, the fotlowing rules shal! apply:
are not reasonably separable, the

2) In so far as damages attributable to cach installation opers
installation operators involved shall be jointly and severally liable;

b) incase the nuclear incident occurs in the course of carriage of nuctear materia, either in one and
the same means of transport, or in the case of storage incidental to the carriage, in one and the
same nuclear installation and causes nuclear damage which engages the liability of more than

lity shall not exceed the highest amount applicable with

one installation operator, the total li
respect to aity one of them pursuant to Section fifty cight (58) of this Act; and

c) _Inneither of the cases referred to in subparagraphs (a) and (b) of this Section shall the liability of
any one installation operator exceed the amount established in Section fifly eight (58) hereof.

Section 66. Operator of Several Installations ~ Subject to the provisions of Section siaty five
(65), where several nuclear installations of one and the san installation openaior are involved in one
nuclear incident, such installation operator shall be liable in respect of each nuclear installation involved
up to the amount applicable with respect to him pursuant to Section fifty eight (58).

Section 67. Carrier or Handier of Nuciear Material us Installation Operator — the

Commission. subject to such terms and conditions as it may by regulation or order prescribe. designate a
carrier of nuclear material or a person handling radioactive waste, at his request and with the consent of

the installation operator concemed, as installation operator in the place of that installation operator in

respect of such nuclear material oF nidioaclive waste sespectively. Upon such designation, s
such person shall be considered as an installation operator for the purpose of this Article.


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oectun vo. Guverement muemmny — ine Governmem, through the Commission, snaij

astaliation operator ilabie and shai provide me necessary finds 106 ane payatici bs castes

indemnify
for compensation for nuciear damages which have been estabii
the yietd of insurance or other Financial security is inadequate to satisfy such claims: Provided, That the
obligation of the Government under this Section, together with the yield of insurance or other financial
security, shall not in the aggregate exceed the maximum amount established in Section fifty eight (58) for

id agaist ie vperaios to te extent that

any nuclear incident.

‘The Republic of the Philippines acting through such officer as may be designated by the President
shall enter into agreements of indemnification with contractors or suppliers of goods or services for an
nuclear installations and radiation facilities owned or operaied by the Government, its agencies,
instrumentalities or corporations owned or controlled by the government pursuant to which the
government agrees to indemnify and hold such contractors or suppliers harmless from any toss or
liability arising out of or in relation to 2 nuclear incident occurring in the Philippines in excess of the
yield of the insurance or oiler security herein set forth, Provided, however, Thal such indemnity shall in
no case exceed the amount of Philippine pesos which is equivalent to three hundred twenly million
(8300,000,000.00) U.S. dollars.

Section 69. When Claims Exceed Maximum Limit
8) Upon petition of the installation aperator liable or of the Commission, and upon a showing that
the nuclear damages from @ nuclear incident will probably exceed the limit of liability
established in Section fifty eight (58) hereof, the Court taving jurisdiction shall issue such orders
as may be necessary to assure the equitable distribution of compensation, including orders
apportioning the payments to be made to claimants, orders permitting partial payments to be
made before final determination of the total claims, and orders setting aside part of the funds

available for possible latent injuries not discovered until a later time; an
b) In any case witere it appears that the nuclear damage caused by « nuciear incident execeds or will
probably exceed the lim! lity established in Section fifty cight ($8) hereof, the

in shall furnish a report thereon to the Congress with its recommendations, including

of i

Commiss
any recommendations for the appropriation of additional funds to provide compensation to those

suffering nuclear damaye.

nal Trial Court having jurisdiction over the

ion — The Regi

Section 78 Court Raving Jarisdi
place where the nuclear incident occurs shall determine claims fe

under this Act.


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intervention of Commission in Court Proceedings — When, after the occurrence

vl @ uucieal incident, appears uxt we Uovernment wil nave 10 pay Inaemmny pursuant to the

provisions of Section sixty cight (68) hereof, the Court faving jurisdiction over tne claims for

i shall aliow ihe Commission, upuu its peiiiion, io

compensation arising fiom the auciear
intervene in the proceedings, at any time before final judgment.

Section 72. Compulsory Examination — After the occurrence of 3 nuctcar incident for which it
tay adupt such measures as may’

appears compensation may be payable wider this Act, dhe Ce
be appropriate to determine the persons who were or might have been exposed to ionizing radiation
resulting from such nuclear incident, which measures may include & summons fo such persons to submit
themselves to examination before such authority or body as shall be designated by the Authority within
three months from the date of summons. in determining the amount of damages or the right to recover
damages, the Court may. in its discretion. take into account the inexcusable failure of the claimant to

fulfill or comply with the foregoing obligat

Section 73. Investigation of Nucicar incidents ~ The Commission shall make an investigation
weident for which it appears compensation may be payable under

of the cause and extent of any nuclear
this Act and its finding shall be made available to the public, to the parties involved and to the Cours.

Section 74, Several Installations on Same Site ~The Commission may determine that several
nuctear installations of ane installation operator which are located at the same site shall be considered as

a single nuclear installation for purposes of this Article twelve (XH).

Section 75. Cancellation or Suspension of Financial Protection - {t shall be unlawful for any
insurer oF other financial guarantor to suspend or cancel the insurance or other financial security provided
ing such prior notice in writing as may be required by

pursuant to the provisions of this Act without
the Commission's regulations.

Section 76, Against Whom Action for Compensation Brought — Persons entitled 10
compensation for nuclear damage under this Act may. at their option, bring the action for recovery of
such compensation against the installation operaior liable or against the insurer or other persons

furnishing financial security as required by this Act

Section 77. Prescription of Rights and Actions ~ Rights of compensation under this Act shall
prescribe after ten years from the date of the nuctear incident. Furthermore, actions for compensation
under this Act shall be barred unless brought within time years from the date on which the person
suffering nuclear damage had knowicdge or should have had knowledge of the damage and of the


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Soggallation onerator iahle for the damage: Provided, however, ‘That any person who claims to have
suiTered nuciear damage and wivo has brougin an action for compensation within the period applicable
ection unty amend iis claim to take into account any aggravation of tie damage, even

pursuant (©
afier the expiry of that period: Provided, further, that final judgment has not beeu entered in the case,

Section 78. Prescription with Respect to Nuclear Materials Lost, Stoten, etc. ~ Where
nuclear damage is caused by a nuctear incident involving nuclear material which at the time of the
nuclear incident was stolen, lost, jetisoned or abandoned, the period established pursuant to Section
seventy seven (77) of this Act shall be computed from the date of that nuclear incident, but the period
shall in no case exceed a period of twenty years from the date of the theft, toss, jettison or abandonment,

ARTICLE XIV — TRANSITORY PROVISIONS

Section 79. ‘The Philippine Nuclear Research lastitute
ur Research Institute hereinafter referred to

2) The regulalory function of tite of the Philippine N
as the Institute, is hereby transferred to the Commission.

b) The development, promotion and use of nuclear energy for pcaccful applications shall remain
te responsibility of tie institute, whereupon the Director of the institule shall draw up ils new

1 through the Department of Science &

iued Wo the Presid

izaitional structure to be suby

og
Technology Secretary for approval

©) ‘The Institute shall be the scientific nuclear organization in the country and continue to function
as one of the Research and Development Institutes of the Department of Science and

mandate to foster nucicar rescarch and development including

Technology, and continue
nuclear safcty research pursuant to the objectives of Executive Order No. 128, setics of 1987.

@) Under this Act, the Institute shall be allowed to use 100% of its income to augment and hire
additional fuman resources and upgrade its facilities

©) The regulatory fimetions of the institute which were inherited from Gre former Philippine Atomic
Energy Commission by virtue of R.A. No. 2067. 1s amended and R.A. No, 5207, as amended,
and E, O. 128 are deemed transferred to the Commission.

9 Previous regulatory issuances — ali regulations, rules, orders previously established by the

Philippine Nuclear Research Institute shall remain in force until superseded by the Commission.

Section 80, ‘The Center for Device Regulation, Radiation Health and Research
wn. Radiation Health and Research

8} ‘The rewulatory functions of the Center far Device Resulat
hereinafter referred io as the CDRRHR of the Department of Heaith over devices generating
ionizing radiation by virtue of R. A. 9711 are deemed transferred to the Commission,


wawnun

oe

mm imposing,

b) This Act shall in no way prevent the Depanmcnt of Health or iis Tine agencies
additional requirements for the regulation of medical and healtherelated devices in the interest of

public health and safety as prov
©) The Center for Device Regulation, Radiation Health and Research shall remain with the
Department of Health.
4) Previous regulatory issuances ~ all regulations, rules, orders pertaining to ionizing radiation
previously established by the Center for Device Regulation, Radiation Health and Research shall

remain in force until superseded by the Commission

Section 81. Manpower — All plantilla positions of the Nuclear Regulations, Licensing and
inpine Nuclear Research lastitute (PNR, Department of Science and

Sateguards Division of the
‘Technology (BOST) are hereby transferred to the Commission. Ail plantills positions of the Radiation
Regulation Division of the Center for Device Regulation, Radiation Health and Research (CDRRHR) of
the Department of Health (DOH) which have responsibilities solely in ionizing radiation regulation are
also hereby transferred to the Commission. ‘Thereafter, alf powers, fumetions and duties, records, files,

und assels pertaining to regulation of fonizing radiation, of these onganizational units shull be transferred

to the Commission.

‘There shalt he no diminution of rank, salaries, allowances and benefits of all personnel
in the above benefits between the transferred

transferred to the Commission. In case of # difference
employees of the two agencies, the higher amount shall be adopted New employees of the Commission
shall be entitled to the same allowances and benefits as the transferred employees.

ARTICLE XV - PENAL PROVISIONS

‘The Commission shall promulgato and implement afier due notice is given, a compliance
and

monitoring and enforcement program, developed in accordance with international guidance

consistent with other national laws for violations of this Act.

Section 82. Violation of Specific Provisions of the Act — Auy person who wilifully violates,

5} or twenty onc (21) of

attempts to violate, or conspires to violate, any provision of Sections thiricen (i
this Act shall upon conviction thereof, suffer the penslty of imprisonment of not more than five years or a
1,090.008.00) or both

fine of not more than onc million pesos (1

Section 83. Violation of Giher Provisions of dikis Act — Avy person who shall willfully
violate, attempt to violate, or conspire to violate any provisions of this Act for which no penalty is



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specifically provided or of any reguiation, onicr or license issued uncicr the aimhority of this Act, shall,
upon conviction thereof, suffer the penalty of imprisonment of not more than two ycars or a fine of not

more than five hundred thousand pesos {PHP 51,000.00) or oth,

ARTICLE XVI — FINAL PROVISIONS

Section 84. Appropriations ~The amount necessary ( conduct the initial year of operation of
the Commission shall be sourced from the existing budgetary appropriations of the Nuclear Regulations,
Licensing and Safeguards Division of the Institute and the licensing and regulatory group of the
CDRRHR, This amount shall be augmented to include the budgetary requirement for the hiring of
administrative support personnel, and additional physical resources. Thereafter the funds shall be
Provided for in the General Appropriations Act.

Section $5. Annua! Report - The Commission shall be obliged to provide the public with
adequate information concerning the resulls of its activities, unless they are subject to States, professional
or commercial secrecy, and once @ year to publish a report on its activities and submit it to the
Government of the Republic of the Philippines and to the public,

ion of this Act or the

Section 86. Separability Clause ~ If any provision or part of a pro.
application of such provision to any person or circumstance is held invalid, the remainder of the
Provisions of this Act or the application of such provision to other persons or circumstances shall not be
affected thereby.

Section 87, Repeating Clause. — Relevant provisions of R.A, 2067 as amended, R. A. 5207 as
amended, E. O. 128, R. A. 9711 and administrative rule or regulation contrary to, ot inconsistent with the
provisions of this Act is hereby repealed. modified or amended accordingly.

Section 88. Effectivity Clause - ‘This Act shall take effect fifteen (15) days following its
publication in the Official Gazette.

Approved: