Republic of the Philippines
HOUSE OF REPRESENTATIVES |
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO.__1032__

Introduced by Representative JOEY SARTE SALCEDA

AN ACT
PROVIDING FOR A COMPREHENSIVE NUCLEAR REGULATION,
CREATING FOR THE PURPOSE, THE PHILIPPINE NUCLEAR
REGULATORY COMMISSION, AND APPROPRIATING FUNDS THEREFOR.

EXPLANATORY NOTE

This bill seeks to create a single, independent nuclear regulatory body that is
focused in the control and peaceful uses and application of nuclear energy in the
country, to be known as the Philippine Nuclear Regulatory Commission (PNRC),
under the Department of Science and Technology for policy direction, coordination
and technical supervision.

The proposed establishment of the PNRC envisions to harmonize with the
regulatory structure in most countries, especially in the Asia-Pacific region, such as
China, Indonesia, South Korea, Japan, Malaysia, Thailand, Pakistan, India, Australia,
New Zealand, Singapore and Vietnam. Most importantly, it will ensure consistency
with the nation’s obligations under relevant international instruments.

The bill covers the eleven fundamental principles of nuclear law according to
current international standards. It addresses all the gaps and omissions identified in the
old RA 5207 which are present in the areas of physical protection, safeguards, nuclear
security, nuclear/radiological emergency preparedness and response, radioactive waste
management, transport to nuclear/radioactive materials, and licensing of nuclear
facilities, materials, and licensing of nuclear facilities, materials and radioactive
sources owned and operated by PNRI. The proposed legislation will modernized the
nuclear civil liability and compensation regime in line with internationally-accepted
levels. As proposed in the bill, the PNRC covers the areas of nuclear and radioactive
material applications and requires a well-structured legal framework necessary in
meeting the technical and management standards designed to protect public health,
safety, and security and the integrity of the environment.


The proposed legislation will grant the formation of an independent regulatory
framework that will decide on issues affecting public health and safety, protection of
the environment, and nuclear security and safeguards, beyond the reach of entities
with self-motivated interests. The resolution of these main issues within an
autonomous regulatory structure will generate in the public a higher level of trust and
confidence in the application of nuclear technologies. Such a mindset in the public is
imperative for the continued and improved utilization of nuclear energy and
radioactive materials in the country. The dichotomy of PNRI’s regulatory functions
from its promotion and research functions is needed to eliminate the conflict of
interests and underscores its independence the discharge of its regulatory functions.

It must be stressed that the country’s nuclear legislation should provide for all
the key elements needed for an effective nuclear regulatory system. Setting-up a
regulatory body alone, without ensuring that it possesses the ability to exercise the
necessary regulatory functions, including its faithful commitment to international
nuclear safety and security obligations, merely creates the illusion, not the reality, of
such a system, and will not solve the problem that the proposed bill tries to address.

At present, the number of nuclear scientists and engineers in the Philippines is
relatively small. This small mass of nuclear experts is currently under one roof such
that the expertise of one can be shared in undertaking several tasks. Any proposal to
dissipate this mass of nuclear expertise to several agencies will be counterproductive,
especially considering that it takes time to develop or build specialized capabilities
and expertise.

It is primordial that, for an organization to be given the responsibility of
regulating complex nuclear technologies and practices, and natural radiation sources,
it should be equipped with the necessary scientific, engineering, technical
management, financial and legal expertise. Such expertise cannot be acquired in a
short period of time. Under the proposed legislation, a new Philippine Nuclear and
Radiation Safety Commission that will build on the extensive experience,
competencies, and capabilities of the previous Philippine Atomic Energy Commission
(PAEC), and now PNRI, will be created. The PNRI, the sole government entity
mandated to promote and regulate the peaceful uses of nuclear energy, is manned by
highly-trained and competent regulatory staff whose expertise covers wide-ranging
technical areas in the peaceful applications of nuclear energy. The expertise it offers is
unique and has been honed by years of experience and capacity-building.

The PNRI’s handling of the 2011 Fukushima Nuclear Reactor accident is an
immediate case in point. Faced with mounting apprehension and anxiety from the
public, the PNRI was on top of the situation all the time, taking responsibility in all
areas of concern, such as safety in airborne and water contamination, food and
agriculture, and the export/import of commodities, among others. The Food and Drug
Administration (FDA) relied on PNRI for support in its regulatory actions, including
the latter’s existing regulation to control the level of radioactivity in imported food

2


products during nuclear emergencies. At the time of the nuclear accident, and even
beyond its occurrence, the country was able to rely on PNRI as the major source of
inputs and actions pertaining to appropriate response in the aftermath of the nuclear

emergency.

This was not the first time that PNRI has shown and demonstrated to the
nuclear emergency. This was not the first time that PNRI has shown and demonstrated
to the public and the environment form the harmful effects of uncontained radiation.

In view of the foregoing, the passage of this bill is e:


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL No. 2031

Introduced by Representative JOEY SARTE SALCEDA

AN ACT
PROVIDING FOR A COMPREHENSIVE NUCLEAR REGULATION,
CREATING FOR THE PURPOSE, THE PHILIPPINE NUCLEAR REGULATORY
COMMISSION, AND APPROPRIATING FUNDS THEREFOR.

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

ARTICLE I - GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Comprehensive Nuclear
Regulation Act of 2019”.

SEC. 2. Declaration of Policy. — It is hereby declared to be the policy of the State to:

(a) Harness the peaceful uses of nuclear energy that can provide important benefits in
many fields, including health and medicine, energy production, scientific research,
agriculture, industry, and education;

(b) Recognize the potentially harmful effects of ionizing radiation that could result
from improper use, accidents, and/or malicious acts;

(c) Protect individuals, society and the environment from the potentially harmful
effects of ionizing radiation, including those that could result from improper use,
accidents or malicious acts;

(d) Establish and maintain a legal and regulatory framework for the regulation and
control of peaceful uses involving radiation sources, nuclear material and any
other radioactive material;


(e) Manage radioactive waste in a manner that protects current and future generations
from undue impacts; and

(® Establish and maintain a legal and regulatory framework for implementing
effective measures to prevent, detect and respond to unauthorized acts involving
nuclear material, other radioactive sources or associated facilities that may cause
injury to persons, property or the environment or otherwise jeopardize national

security.

SEC 3. Objectives. — The objectives of this Act are:

(a) To provide a legal framework that adequately protects public health and safety
and the environment against the harmful effects of ionizing radiation, and for the
safety and security of radiation sources;

(b) To establish the Philippine Nuclear Regulatory Commission (PNRC), hereinafter
referred to as the Commission, for the purpose of exercising regulatory control
‘over the peaceful uses of ionizing radiation in the territory or under the
jurisdiction or control of the Republic of the Philippines anywhere, including, but
not limited to the production, possession, use, import, transport, transfer, handling
and management of radioactive materials, or any other activities or practices
identified by the Commission;

(c) To establish and maintain a regulatory system for the formulation and/or
adaptation of regulations and guides that specify the principles, requirements and
associated criteria for safety and security upon which regulatory judgments,
decisions and actions are based; and

(d) To enable the Philippines to fulfil its obligations under relevant international
instruments entered into by the Philippines, in particular, the Treaty on the Non-
Proliferation of Nuclear Weapons (NPT); the Treaty on Southeast Asia Nuclear
Weapon-Free Zone; Comprehensive Test Ban Treaty; the Agreement between the
Philippines and the International Atomic Energy Agency (IAEA) for the
Application of Safeguards in Connection with the NPT (the Safeguards
Agreement); Additional Protocol to Safeguards Agreement; Vienna Convention
on Civil Liability for Nuclear Damage; Agreement on the Privileges and
Immunities of the IAEA; Convention on the Physical Protection of Nuclear
Material, UN Resolutions on Nuclear Security, and other relevant international
instruments entered into by the Republic of the Philippines.


SEC. 4. Scope. —

(a) This Act shall apply to all activities and practices involving ionizing radiation
sources, including nuclear and other radioactive materials, facilities and radiation
generating equipment.

(b) This Act shall not apply to activities or practices involving exposures that have
been exempted from regulatory control through regulations established by the

Commission.

SEC. 5. Definitions. — As used in this Act:

(a) Activity refers to the amount of radionuclide in a given energy state at a given
time;

(b) Activities refer to the production, manufacture, distribution, sale, acquisition,
ownership, possession, import, export, handling, use, transport, and transfer of
nuclear and radioactive materials; siting, construction, operation, and
decommissioning of facilities; management of radioactive waste; mining and
processing of radioactive ores; and such other activities as the Commission shall
from time to time determine;

(c) Authorization refers to a permission granted by the Commission to a person who
has submitted an application involving nuclear and radioactive materials and
facilities, and ionizing radiation generating equipment. The authorization can take
the form of a notification, a registration, or a license;

(d) Commission refers to the Philippine Nuclear Regulatory Commission (PNRC), as
the nuclear regulatory body for purposes of this Act;

(e) Decommissioning refers to the administrative and technical actions taken to allow
the removal of some or all of the regulatory controls from a facility to ensure the
long term protection of the public and the environment, and typically include
reducing the levels of residual radionuclides in the materials and on the site of the
facility so that the materials can be safely recycled, reused or disposed of as
exempt waste or as radioactive waste and the site can be released for unrestricted
use or otherwise reused;

(f) Emergency plan refers to a description of the objectives, policy and concept of
operations for the response to an emergency and of the structure, authorities and
responsibilities for a systematic, coordinated and effective response. The

3


emergency plan serves as the basis for the development of other plans, procedures
and checklists,

(g) Emergency preparedness refers to the capability to take actions that will
effectively mitigate the consequences of an emergency for human health and
safety, quality of life, property, and the environment;

(h) Emergency response refers to the performance of actions to mitigate the
consequences of an emergency for human health and safety, quality of life,
property, and the environment;

(i) Exclusion refer to the deliberate exclusion of a particular category of exposure
from the scope of an instrument of regulatory control on the grounds that it is not
considered amenable to control through the regulatory instrument in question.

G

Exemption refers to the determination by a Commission that a source or practice
need not be subject to some or all aspects of regulatory control on the basis that
the exposure (including potential exposure) due to the source or practice is too
small to warrant the application of those aspects or that this is the optimum option
for protection irrespective of the actual level of the doses or risks,
(k) Facilities refer to nuclear installations or radiation facilities in which people may
be exposed to ionizing radiation. These include:
1) uranium mining and raw material processing facilities such as uranium
mines;
2) enrichment and fuel manufacturing plants;
3) nuclear power plants;
4
5)
6
7]
8)
9)

other reactors such as research reactors and critical assemblies;

spent fuel reprocessing plants;

radioactive waste management facilities;

radiation generator installations and facilities;

irradiation installations;

nuclear and radiation facilities for medical, industrial, research and
education purposes; and
10) such other facilities as the Commission shall determine from time to time;

(\) Facility operators or operators refer to any organization or person applying for
authorization or authorized and/ or responsible for nuclear, radiation, radioactive
‘waste or transport safety when undertaking activities or in relation to any nuclear
facilities or sources of ionizing radiation. This includes, inter alia, private

4


individuals, governmental bodies, consignors or carriers, licensees, hospitals, self-
employed persons, ete.;

(m) Income refers to the fees and other payments given to the Commission in the
conduct of its regulatory functions;

(n) Individual operator refers to any individual who manipulates the controls of a
nuclear installation and radiation facility;

(0) Installation operator or Operator refers to any person, organization, or
government entity licensed or authorized to undertake the operation of a nuclear
or radiation facility;

(p) Institute refers to the Philippine Nuclear Research Institute;

(q) Jonizing radiation refers to electromagnetic or particulate radiation capable of
producing ion pairs directly or indirectly;

(r) Ionizing radiation sources refer to nuclear and other radioactive materials
facilities and radiation generating equipment;

(s) License refers to a legal document issued by the Commission granting
authorization to perform specified activities related to facilities or activities; or
any authorization granted by the Commission to the applicant to have the
responsibility for the siting, design, construction, commissioning, operation or
decommissioning of a nuclear installation;

@

Licensee refers to the authorized person who is a holder of a valid license granted

for a practice or source who has recognized rights and duties for the practice or

source, particularly in relation to protection and safety; or an organization having
overall responsibility for facilities or activities;

(u) Natural sources refer to naturally occurring sources of radiation, such as the sun
and stars (sources of cosmic radiation) and rocks and soil (terrestrial sources of
radiation);

(v) Nuclear accident refers to any unintended event, including operating errors,
equipment failures and other mishaps, the consequences or potential consequences
of which are not negligible from the point of view of protection or safety;

(w)Nuclear damage refers to loss of life, any personal injury or any loss, or damage

to, or loss of use of property, which arises out of or results from the radioactive,

toxic, explosive or other hazardous properties, or any combination thereof, of
nuclear fuel or radioactive products or any waste in, or of nuclear materials
coming from, originating in, or sent to, a nuclear installation or from the ionizing

5


radiation emitted by any other sources of radiation inside a nuclear installation.
Personal injury includes any physical or mental injury, sickness or disease, death
whether caused directly by a physical trauma or otherwise;

(x) Nuclear incident refers to any occurrence or series of occurrences having the same
origin which causes nuclear damage or, but only with respect to preventive
measures, creates a grave and imminent threat of causing such damage;

(y) Nuclear installation refers to any of the following:

1) a nuclear reactor for research or production of nuclear materials for
industrial or medical use (including critical and sub-critical assemblies),

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

3) a nuclear waste storage or disposal facility with an activity that is greater

than the activity level prescribed by regulations made for the purposes of
this law;
4

a facility for production of radioisotopes with an activity that is greater than
the activity level prescribed by regulations made for the purposes of law this
section; and

5

any other facility that is prescribed for the development, production or use of
nuclear energy or the production, possession or use of a nuclear substance,
prescribed equipment or prescribed information;

(2) Nuclear material refers to:

1) nuclear fuel, other than natural uranium and depleted uranium, capable of
producing energy by a self-sustaining chain process of nuclear fission
outside a nuclear reactor, either alone or in combination with some other
materials; and

2

Plutonium except that with isotopic concentration exceeding 80% in

plutonium-238; uranium-233; uranium enriched in the isotope 235 or 233;

uranium containing the mixture of isotopes as occurring in nature other than

in the form of ore or ore residue; any material containing one or more of the

foregoing;

(aa) Nuclear or radiological emergency refers to a non-routine situation that
necessitates prompt action primarily to mitigate a hazard due to (a) The energy
resulting from a nuclear chain reaction or from the decay of the products of a


(bb)

)

(cc)

(dd)

)

(ee)

(gg)

(hh)

)

chain reaction; or (b) Radiation exposure or adverse consequences for human
health and safety, quality of life, property or the environment;

Nuclear safety refers to the achievement of proper operating conditions of
nuclear installations, proper handling and use of nuclear material, prevention of
accidents or mitigation of consequences of accidents resulting in protection of
workers, the public, and the environment from undue radiation hazards;

Official Gazette refers to 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
anything else the government feels should be told to the public;

Person refers to (1) Any individual, organization, corporation, partnership, firm,
association, trust, estate, public or private institution, group, political or
administrative entity or other person designated in accordance with national
legislation, who or which has responsibility and authority for any action taken
under this Act; and (2) any legal successor, representative, agent, or agency of
the foregoing:

Physical protection refers to 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,

Practices refer to activities that introduce additional sources of exposure or
exposure pathways or extends exposure to additional people or modifies the
network of exposure pathways from existing sources, so as to increase the
exposure or the likelihood of exposure of people or the number of people
exposed;

Radiation facility refers to a facility that utilizes radioactive materials; particle
accelerator facility; and other such facility that the Commission shall determine
from time to time;

Radiation generating equipment or radiation generator refers to an equipment
or device 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 time to time determine;


(ii) Radiation protection refers to the protection of people and the environment from
the harmful effects of ionizing radiation;

(jj) Radiation source refers to a radiation generator, or a radioactive source or other
radioactive material outside the nuclear fuel cycles of research and power
reactors;

(kk) Radioactive material refers to any material designated in national law or by a
regulatory body as being subject to regulatory control because of its
radioactivity which includes sealed and unsealed sources and radioactive waste;

(ll) Radioactive source refers to a radioactive material permanently sealed in a
capsule or closely bonded and in a solid form and which is not exempt from
regulatory control. This also includes any radioactive material released if the
radioactive source is leaking or broken, but does not include material
encapsulated for disposal, or nuclear material within the nuclear fuel cycles of
research and power reactors;

(mm) Radioactive waste refers to waste substances, objects or equipment for which
no further use is foreseen by their owner, with a radionuclide content or surface
radionuclide contamination exceeding values permitting their discharge into the
environment, these values shall be set out in an implementing regulation;

(nn) Radioactive waste disposal refers to a permanent emplacement of radioactive
waste into areas, facilities or installation without the intention of its retrieval;

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

(pp) Radionuclide refers to an unstable form of a chemical element that radioactively
decays, resulting in the emission of nuclear radiation;

(qq) Registrant refers to the holder of a current registration:

(tr) Registration refers to a form of authorization for practices of low or moderate
risks whereby the person responsible for the practice has prepared and submitted
a safety assessment of the facilities and equipment to the Commission and has
complied with the legal requirements. The requirements for safety assessment
and the conditions or limitations applied to the practice should be less severe
than those for licensing. Typical practices that are amenable to registration are
those for which:

1) safety can largely be ensured by the design of the facilities and equipment;


2) the operating procedures are simple to follow;
3) the safety training requirements are minimal; and
4) there is a history of few problems with safety in operations;

(ss) Regulatory Body refers to an organization designated by the government as
having legal authority for exercising regulatory control with respect to ionizing
radiation sources, including issuing authorizations, and thereby regulating one or
more aspects of the safety or security of radioactive sources.

(tt) Safeguards refer to. measures undertaken to ensure that the nuclear material,
non-nuclear material, services, equipment, facilities, information and certain
items are not used for the manufacture of nuclear weapons or any other nuclear
explosive devices or to further any military purpose;

(uu) Safety refers to measures intended to minimize the likelihood of accidents
involving radiation sources, nuclear material and their associated facilities,

(w)

Security refers to 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 facilities;

(ww)Source refers to anything that may cause radiation exposure — such as by
emitting ionizing radiation or by releasing radioactive substances or material —
and can be treated as a single entity for protection and safety purposes;

(xx) Special Drawing Right hereinafter referred to as SDR, refers to the unit of
account defined by the International Monetary Fund and used by it for its own
operations and transactions;

(yy) Special fissionable materials refer to Plutonium-239, Uranium-233, Uranium
enriched in the isotopes 235 or 233 and materials containing one or more of the
foregoing in concentration or amount exceeding values established by the
‘Commission;

(zz) Spent Nuclear Fuel refers to nuclear fuel that has been irradiated in and
permanently removed from a reactor core; and

(aaa) Technical and Scientific Support Organization refers to external organization or

experts who are not part of the Commission’s permanent staff from whom the

Commission may seek advice or recommendations in the conduct of its

regulatory responsibilities.


ARTICLE Il - THE PHILIPPINE NUCLEAR
REGULATORY COMMISSION

SEC. 6. Creation of the Philippine Nuclear Regulatory Commission. — There is
hereby created the Philippine Nuclear Regulatory Commission, hereinafter referred to as the
‘Commission that shall be an attached agency of the Department of Science and Technology
for policy direction, coordination, technical and administrative supervision.

SEC. 7. Mandate of the Commission. — The Commission shall exercise authority over
all aspects of safety, security and safeguards involving nuclear materials and other
radioactive materials, facilities and radiation generating equipment.

SEC. 8. Regulatory Policy of the PNRC. ~ In issuing authorizations and regulations
under this Act, the Commission shall:

(a) Impose the minimum requirements to protect the health and safety of the public
and the environment, and ensure the security of ionizing radiation sources;

(b) Prevent the spread of nuclear weapons and prevent nuclear or radiological
terrorism consistent with the obligations of the Philippines under relevant
international instruments;

(c) Establish and implement regulations consistent with relevant international
standards and best practices; and

(d) Ensure that operators are 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 financial protection to fulfill obligations on
liability for nuclear and radiation damage.

SEC. 9. Functions of the PNRC. — The Commission shall:

(a) Define and formulate policies, regulations, standards, and other issuances as a
basis for its regulatory actions on nuclear and radiation safety, security and
safeguards;

(b) Develop and issue regulations and standards, regulatory guides and other
documents necessary for the implementation of this Act and its implementing

rules and regulations;


(c) Issue, amend and revoke rules, regulations and orders pertaining to the financial
capability of operators to cover liability for nuclear damage;

(d) Establish and implement a system of authorization in the form of notification,
registration, and licensing, including modifications, amendments, suspension and
revocation of such authorizations;

(e) Review and assess submissions on safety assessments and security plans from the
facility operators prior to authorization and periodically thereafter, as required;

(£) Inspect, monitor and assess activities and practices to ensure compliance with
applicable regulations, and the terms and conditions of authorizations;

(g) Take enforcement measures as provided for under Section 21 of this Act in the
event of non-compliance with applicable regulations or the terms and conditions
of authorizations;

(h) Define exemptions and exclusions from regulatory control;

(i) Ensure the application of safety, safeguard and security requirements consistent
with national and international commitments;

(j) Hold hearings and conduct investigations, and for these purposes, administer oaths
and affirmations and issue subpoenas to any person to appear and testify, or to
appear and produce documents at any designated time and place;

(k) Cooperate with other governmental or non-governmental bodies having
competence in such areas as health and safety, environmental protection, security
and transportation of nuclear and related dangerous goods;

(1) Cooperate with and act as the national competent authority on nuclear safety,
security and regulatory matters for the International Atomic Energy Agency,
foreign governments, ministries, departments, and agencies, relevant regional and
international organizations, including law enforcement and intelligence agencies;

(m) Participate in relevant regional and international conferences related to safety,
security and safeguards of nuclear and other radioactive materials and safety of
radiation generating equipment,

(n) Obtain experts’ advice and opinions necessary to perform its functions, including
the hiring of consultants, contracting of specific projects, or establishing Technical
and Scientific Support Organizations (TSOs) or ad hoc advisory bodies;

(0) Cooperate with other relevant government agencies to establish and maintain a
national radiological emergency preparedness and response plan;

(p) Carry out or contract research activities on radiation safety and security;

sty


(q) Establish appropriate mechanisms and procedures for informing and consulting
the public and other stakeholders about the regulatory process and the safety,
health and environmental aspects of regulated activities and practices, including in
incidents, accidents and abnormal occurrences;

(r) Establish and maintain a national register of radiation sources;

(s) Establish and maintain a national register of persons authorized to carry out
activities or practices under this Law;

(t) Cooperate with the International Atomic Energy Agency in the application of
safeguards in accordance with the Safeguards Agreement, and any protocols
thereto, between the Republic of the Philippines and the International Atomic
Energy Agency, including conducting inspections and visits, carrying out
complementary access and providing any assistance or information required by
designated IAEA inspectors in the fulfilment of their responsibilities;

(u) Establish and maintain a State System of Accounting for and Control of nuclear
material and a national system for the registration of licenses for nuclear material,
and to establish the necessary reporting and record keeping and requirements
pursuant to the Safeguards Agreement, and any protocols thereto, between
member states and the International Atomic Energy Agency;

(v) Perform such other relevant functions necessary to implement the provisions of
this Act.

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

Defense and other law enforcement agencies to conduct inspections of atomic energy

facilities, materials or any activity jointly with the authorized representatives of the

Commission when the national security of the state is involved.

SEC. 10. Management System. — The Commission shall establish, implement, and

assess a management system that is aligned with its safety goals and contributes to its

achievement. The Commission shall ensure that regulatory control is stable and consistent.

SEC. 11. Organizational Structure of the Commission. — The Commission shall be

headed by a Commissioner who shall be appointed by the President for a term of five (5)

years with a rank equivalent to an Undersecretary. The Commissioner shall be assisted by

two Associate Commissioners who shall be appointed by the President with a term of four (4)

12


years and three (3) years respectively. Thereafter, the successors shall be appointed for five
(5) years.

The commissioner or at least one (1) of the two (2) associate commissioners shall
have the necessary scientific and technical qualifications, preferably an advanced degree in
natural sciences or engineering or a broad professional background in any of the said fields.

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

The head of the Commission shall draw up its organizational structure to be submitted
to the Department Secretary for approval

SEC. 12. Use of Income. — The budget of the Commission, based on an annual
appropriation from Congress, shall ensure that the Commission has the financial and human
resources necessary to fulfill its assigned responsibilities under this Act.

The Commission shall also be authorized to:

(a) 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 appropriate; and

(b) Use 100% of its income, donations, bequests, grants, and all sums which may be
appropriated for upgrading its physical and human resources, for the conduct of its
activities, and for augmentation of its budget in case of shortfalls.

SEC. 13. Technical and Scientific Support Organizations. - The Commission is
authorized to seek expert opinion and recommendations from independent technical and
scientific support organizations 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 Act, other relevant laws and applicable
regulations.

SEC. 14. Establishment of an Advisory Board. — Upon the recommendation of the
Commission, the Department of Science and Technology shall establish an advisory board to
assist and advise the Commission on the safety and security matters arising from the use of
nuclear and radioactive materials and from the operation of nuclear installations and radiation
facilities, and on regulations applicable to such authorizations. The advisory board shall be

3


composed of experts from other government agencies or from the academia and/or non-
Government entities or both, not exceeding eleven (11) in number: Provided, however, that
the Commission shall have the final decision and responsibility with respect to such matters.

ARTICLE Ill - REGULATION AND AUTHORIZATION OF NUCLEAR
INSTALLATIONS AND RADIATION FACILITIES

SEC. 15. Requirement for Authorization.

(a) Any person who intends to engage in an activity or practice shall submit a
notification to the Commission of its intention to carry out such activity or
practice in the form and within the time limits required by the Commission.

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

SEC. 16. Activities Subject to Authorization. — It shall be unlawful for any person to
transfer, construct, receive, own, possess, operate, import or export any nuclear installations
and radiation facilities except under an authorization issued by the Commission under this
‘Act. A person or organization shall be required specific authorization issued by the
Commission under this Act to conduct any of the following activities:

(a) Transfer, receive, acquire, own, possess, or use nuclear or radioactive material for
medical, industrial, agricultural and research applications;

(b) Manufacture and distribute of radioactive materials or products containing
radioactive materials to other licensees or persons exempt from the requirements.
for a license;

(c) Produce of radioactive materials from particle accelerators;

(d) Operate nuclear installations and ionizing radiation facilities for research,
commercial power, and other purposes;

(e) Site, construct, commission, operate, dismantle, decommission, close radioactive
waste management facilities;


() Transport of nuclear or radioactive materials to, within, and from the Philippines;
and

(g) Engage in or providing nuclear technical services.

SEC. 17. Licensing Process and Conditions for Issuance of Authorization, — The
Commission shall provide for the licensing process and the conditions for issuance of
authorization specified in the Implementing Rules and Regulations issued under this Act.

SEC. 18. Responsibilities of the Authorized Person. —

(a) Any person authorized to conduct activities or practices shall have the primary
responsibility for the safe and secure conduct of those activities or practices and
for ensuring compliance with this Act and all applicable regulatory requirements
and conditions of the authorization related to those activities or practices.

(b) Any person authorized to conduct activities or practices shall provide the
Commission with any requested assistance in the performance of its regulatory
functions

(c) Any person ceasing authorized activities or practices shall inform the Commission
prior to the cessation of those activities or practices.

SEC. 19. Provisional Authorization. — In all cases of application for authorization to
construct a 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,
safety and security of the public and the environment, the Commission shall initially issue a
provisional license to the applicant. Such a provisional authorization may be granted even if
the information on health, safety, and security then available is less than would be needed for
an authorization to operate provided that the Commission is satisfied that there is reasonable
assurance that questions of health, safety, and security will be so resolved as to warrant the
issuance of an authorization to operate the facility. However, the provisional authorization
provided herein shall not exceed one (1) year.

SEC. 20. Additional Requirements in Case of Nuclear Installation for Commercial
Power: Exemptions. ~ Nothing in this Act shall be construed to exempt the operator of a

nuclear facility designed primarily for the generation of electricity for commercial purposes,

15


from complying with other requirements 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 appropriate agency having jurisdiction: Provided, however, that
upon certification by the Commission, importations of nuclear fuel for use in these facilities
shall be free from all taxes and duties in accordance with incentives under the pertinent
provisions of the Board of Investments (BOI) Act.

SEC. 21. Inspections and Enforcement, ~

(a) The Commission shall implement a system of inspection of nuclear and radiation
facilities and transport, through regulations issued under this Act, to verify
compliance with the applicable requirements and conditions of any authorization
issued under Section 16.

(b) The Commission shall implement a system of verification of the safety and
security of nuclear and other radioactive material through safety and security
assessments; monitoring and verification of compliance with any authorization
issued under Section 16; inspections; and the maintenance of appropriate records
by licensees. The verification system shall be provided for in the regulations
issued under this Act.

(c) Where the Commission has established that any person has committed a violation
of relevant nuclear safety, security and safeguards regulations issued under this
Act, the conditions of an authorization issued under Section 16, or other
requirements that do not constitute a criminal offense under Sections [57 and 58]
of this Act, the Commission may impose by order any of the following penalties
in conformity with the proceedings provided for in Section 22: suspension,
modification, and revocation of authorization, or imposition of a civil monetary
penalty.

SEC. 22. Suspension, Modification, and Revocation of Authorizations. — Any
authorization issued pursuant to this Act may be suspended, modified or revoked by the
Commission in the event of a willful violation of its conditions, when circumstances in which
the public interest, health, safety, or security so requires, when the conditions under which it
was issued are no longer complied with, or in any circumstance that continued activity under
the authorization shall pose an unacceptable risk to people or the environment. Provided,
That the licensee shall have been accorded an opportunity to demonstrate or achieve

16


compliance with the requirements. In all instances, the Commission shall provide information
to the public on the procedures and requirements for suspension, modification, renewal,
revocation or relinquishment of authorizations

No authorization shall be transferred, assigned, encumbered, or in any manner
disposed of, either voluntarily, or involuntarily, directly or indirectly, unless the Commission
shall, after securing full information, find that such transfer, assignment, encumbrance, or
other disposition is in accordance with the purposes and provisions of this Act and shall give
its consent in writing.

Upon the suspension, revocation, or expiration of an authorization which is not
renewed, and pursuant to Commission order, the licensee shall be required to take such
measures as may be necessary to protect the health and safety of the public, and the
environment from the harmful effects of radiation, and ensure security of radioactive material

and facilities.

Whenever practicable, the Commission may take temporary custody of any nuclear
and other radioactive material and facilities held by the licensee pending their appropriate and
lawful disposition by or for the licensee.

ARTICLE IV — RADIATION PROTECTION

SEC. 23. Regulatory Control to Ensure Radiation Safety. —
(a) The Commission shall take the appropriate steps to ensure that:

(1) No activity or practice shall be authorized unless it produces sufficient
benefit to the exposed person or to the society in a manner that offsets the
radiation harm that it may cause;

(2) The magnitude of individual doses, the number of persons exposed and the
likelihood of incurring exposures shall all be kept as low as reasonably
achievable, economic and social factors being taken into account; and

(3) No individual shall be exposed to ionizing radiation doses which exceed
prescribed national dose limits;

(b) The Commission shall establish dose limits for persons that may not be exceeded
in conducting activities under regulatory control.
(©) The Commission shall identify sources or practices to be exempted from

regulatory control.


(d) The Commission shall establish clearance levels below which radioactive material
within authorized activities and practices can be released from regulatory control.

(©) The Commission shall maintain a national system for registration of licensees,
registrants, imported and exported selected items, and ionizing radiation sources.

(f) The Commission shall ensure that authorized facilities maintain a record of
exposure of the public, patients, and of workers occupationally exposed to
ionizing radiation at their work.

(g) The Commission shall promulgate appropriate regulations and related guidelines
to address all issues and concerns related to exposure to ionizing radiation from

natural sources.

SEC. 24. Responsibilities of Authorized Persons in Radiation Protection. —

(a) The authorized person shall bear the prime responsibility for ensuring the safety
and security of the facility and of all activities and practices associated with it.

(b) Authorized persons shall ensure compliance with the 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.

(c) Persons authorized to conduct activities utilizing ionizing radiation for medical
purposes shall ensure the overall patient protection and safety in the prescription
of, and during the delivery of, medical exposures.

ARTICLE V - EMERGENCY PREPAREDNESS AND RESPONSE

SEC. 25. Emergency Plan. — No authorization or license to conduct an activity or
practice, operate a facility or possess or use a source may be granted unless and until an
appropriate emergency preparedness and response plan has been developed by the applicant
and approved by the Commission.

SEC. 26. Emergency Preparedness and Response. ~ The Commission shall:

(a) Develop and maintain a national emergency plan for responding to potential
nuclear or radiological emergencies.

(b) Coordinate the task of the radiological emergency response organization of the
Commission within the framework of the National Disaster Risk Reduction and

18


Management Council (NDRRMC) of the Department of National Defense in the
event ofa nuclear and radiological emergency; and

(c) 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 a Nuclear
Accident and the Convention on Mutual Assistance in the Case of a Nuclear
‘Accident or Radiological Emergency.

ARTICLE VI-— TRANSPORT OF NUCLEAR AND OTHER
RADIOACTIVE MATERIAL

SEC. 27. Regulation in the Transport of Nuclear and Other Radioactive Material. —
The Commission shall establish and implement safety and security requirements for the
transport of nuclear and other radioactive material to, from and within the jurisdiction of the
Philippines in coordination with relevant national government agencies and consistent with
the International Atomic Energy Agency (IAEA) regulations for the safe and secure transport
of radioactive material.

SEC. 28. Requirements for Authorization. ~ No person shall engage in the transport of
radioactive material without an authorization issued by the Commission.

ARTICLE VII— IMPORT AND EXPORT OF NUCLEAR
AND OTHER RADIOACTIVE MATERIALS

SEC. 29. Export or Import Control. ~ The Commission shall.

(a) Establish regulatory requirements and relevant guides for the exportation and
importation of nuclear and other radioactive materials 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 security;

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


3) To ensure before export that the importing country has the appropriate
technical and administrative capability, resources and regulatory
infrastructure needed for the safe and secure management of the requested
nuclear and other radioactive material, particularly disused sources; and

(b) Coordinate with relevant agencies of government and establish appropriate formal
mechanisms for coordination to effectively implement these import/export control
measures for nuclear and other radioactive material including devices that produce

ionizing radiation.

ARTICLE VilI— MANAGEMENT OF SPENT NUCLEAR FUEL
AND OTHER RADIOACTIVE WASTE

SEC. 30. Regulation of Radioactive Waste and Spent Nuclear Fuel Management.—To
ensure the safe and secure management of radioactive waste and spent fuel, the Commission
shall establish:

(a) Applicable safety and security requirements and regulations for the protection of
people and the environment from adverse impacts of radioactive waste and spent
fuel management activities;

(b) A system of authorization of radioactive waste and spent fuel management
activities;

(c) A system of regulatory inspection, documentation and reporting for radioactive
waste and spent fuel management activities, and in the case of disposal, a system
of institutional control; and

(d) A system of enforcement to ensure compliance with applicable regulations and the
terms and conditions of authorizations for radioactive waste and spent fuel

management activities.

ARTICLE IX —- SAFEGUARDS, PHYSICAL PROTECTION
AND SECURITY

SEC. 31. Safeguards. — The Commission shall:
(a) Maintain a system of accounting for and control of nuclear materials and establish
requirements for accounting for and methods for control of nuclear material;

20


(b) Fulfill the Philippines’ obligation to the Non-Proliferation Treaty, the Safeguards
Agreement, and related international treaties, conventions, agreements and
protocols thereto;

(c) Ensure unimpeded access by designated IAEA inspectors and duly authorized
representatives of the Philippine government agencies to any location or facility
provided for under the Safeguards Agreement and any protocols thereto, with a
view to conducting the verification activities authorized by these instruments; and

(d) Ensure full cooperation and support to the IAEA by all national government
agencies and authorized persons in the application of safeguards measures.

SEC.32. Physical Protection and security of nuclear and other radioactive material. —

(a) The Commission shall have the authority to issue regulations under this Act to
implement effective measures to prevent, detect and respond to unauthorized acts
involving nuclear and other radioactive material that may cause injury to persons,
property or the environment in the Republic of the Philippines or otherwise
jeopardize national security.

(b) The Commission shall establish requirements under the regulations issued under
this Act for the physical protection of nuclear material, and shall fulfill the
Republic of the Philippines’ obligations as a party to the Convention on the
Physical Protection of Nuclear Material, the Amendment thereto, and other
international treaties and conventions.

(c) The Commission shall also have the authority under this Act to issue regulations
for the protection of individuals, society and the environment from the deleterious
effects of radioactive sources.

(d) The Commission shall also have the authority under this Act to coordinate with
the relevant agencies of government and seek international cooperation to
effectively implement these security measures.

ARTICLE X - ADMINISTRATIVE PROCEDURE
AND JUDICIAL REVIEW

SEC. 33. Notice and Conduct of Hearing. ~
(a) In any proceeding under this Act for the grant, suspension, revocation or
amendment of any authorization, or upon the issuance of an order, the

an


Commission shall 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, except
where warranted by considerations of security, national defense or proprietary
matters,

(c) 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 Section 22
shall become effective until after the licensee has had notice for a hearing and
‘opportunity to be heard.

(d) Where an order suspending, revoking or modifying an authorization, or an order
issued under Section 22 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.

SEC. 34. Orders and Decisions. — All orders and decisions of the Commission 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 to the public.

SEC. 35. Judicial Review. ~ The Court of Appeals is hereby given the power of
judicial review over any final order or decision of the Commission rendered under Section 34
and shall modify or set aside such order or decision when it clearly appears that there was no
evidence before the Commission to support reasonably such order or decision, or that the
same is contrary to 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 with the Rules of Court, within
such period as the Commission may rule or prescribe but not exceeding thirty days from
notice of such order or decision. An appeal shall not suspend the grant of authorization, but
shall maintain the suspension or revocation of authorization until after the final disposition of
the appeal by the Court of Appeals, unless said Court determines otherwise. Only questions
of law on such order or decision may be reviewed by the Supreme Court.

SEC. 36. 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

22


interest requires, the regulation may be made effective immediately upon publication in the
Official Gazette or upon furnishing copies of the regulation to the persons affected.

SEC. 37. Incident Reports. ~ No report by any licensee of any incident arising out of
or in connection with authorized activities 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 report.

ARTICLE XI - CIVIL LIABILITY FOR NUCLEAR
AND RADIATION DAMAGE

SEC. 38. The Operator Liability. ~The operator shall be liable for nuclear damage
upon proof that such damage has been caused by a nuclear incident:
(a) In his nuclear installation; or
(b) Involving nuclear material coming from or originating in his nuclear installation,
and occurring:

1) Before liability with regard to 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; or

(c) Involving nuclear material sent to his nuclear installation, and occurring:

1) Afier liability with regard to nuclear incidents involving the nuclear material
has been assumed by him, pursuant to the express terms of a contract in
writing, from another installation operator, or

2

In the absence of such express terms, after he has taken charge of the nuclear
material: Provided, that if nuclear damage is caused by a nuclear incident
occurring in a nuclear installation and involving nuclear material stored
therein incidentally to the carriage of such material, the provisions of
paragraph (a) of this Section shall not apply where another installation
operator or person is solely liable pursuant to the provisions of paragraph (b)
or (c) of this Section.

23


only:

(d) Any provision in this Section to the contrary notwithstanding, the installation
operator shall be liable for nuclear damage upon proof that such damage has been
caused by a nuclear accident involving nuclear material in the course of carriage:

1) To a nuclear installation located in the territory of a state not party to an
international convention on civil liability for nuclear damage to which the
Philippines is a party; or

2) To international transport between the Philippines and an operator in another
Contracting Party to the Vienna Convention.

(e) Whenever both nuclear damage and damage other than nuclear damage have been
caused by a nuclear incident or jointly by a nuclear incident and one or more other
occurrences, such other damage shall, to the extent that it is not reasonably
separable from the nuclear damage be deemed, for purposes of this Act, to be
nuclear damage caused by that nuclear incident. Where, however, damage is
caused jointly by nuclear incident covered by this Section and by an emission of
ionizing radiation not covered by it, nothing in this Section shall 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.

SEC. 39. Absolute and Exclusive Liability. —

(a) The liability of the installation operator for nuclear damage shall be absolute.

(b) The installation operator shall not be liable for nuclear damage caused by a
nuclear incident directly due to a grave natural disaster of an exceptional
character.

(c) Except as otherwise provided in this Act, no person other than the installation
operator shall be liable for nuclear damage.

SEC. 40. Recourse Actions. — The installation operator shall have a right of recourse
(a) If there is such a right pursuant to the express provision of a written contract with
the other installation operator; or

(b) If the nuclear incident results from an act or omission done with intent to cause

damage, against the individual who has acted or omitted to act with such intent.

24


SEC. 41. Gross Negligence or Intentional Act of Claimant. — If the nuclear damage
resulted wholly or partly either from the gross negligence of the person suffering the damage
or from an act or omission of such person done with intent to cause damage, the Court may
relieve the installation operator from his obligation to pay compensation in respect of the
damage suffered by such person.

SEC. 42. Exceptions to 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.

SEC. 43. Limit of Liability. — The liability of the installation operator for nuclear
damage under this Act shall be limited to an amount in Philippine pesos which is equivalent
to 300 million Special Drawing Rights (SDRs) (roughly equivalent to 400 million US
dollars), 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

SEC. 44. Exemption from Liability. — The installation operator shall not be liable
under this Act for nuclear damage:
(a) To the nuclear installation itself or to any property on the site of that installation
which is used or to be used in connection with that installation; or
(b) To the means of transport upon which the nuclear material involved was located at
the time of the nuclear incident.

SEC. 45. 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 XIII. 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.

SEC. 46. Certificate to Carrier. — In accordance with such regulations as the
Commission may issue, the appropriate installation operator shall provide the carrier, which

25


furnishes carriage of nuclear material, with a certificate issued by or on behalf of the insurer
or other financial guarantor furnishing the financial security.

SEC. 47. Liability of Several Installation Operators. - Where nuclear damage
‘engages the liability of more than one installation operator, the following rules shall apply:
(a) In so far as damages attributable to each installation operator are not reasonably
separable, the installation operators involved shall be jointly and severally liable;
(b) In case the nuclear incident occurs in the course of carriage of nuclear material,
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 one installation operator, the
total liability shall not exceed the highest amount applicable with respect to any
one of them pursuant to Section 43 of this Act; and
(c) In neither of the cases referred to in paragraphs (a) and (b) of this Section shall the
liability of any one installation operator exceed the amount established in Section
43 hereof.

SEC. 48. Operator of Several Installations. ~ Subject to the provisions of Section 47,
where several nuclear installations of one and the same installation operator 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 43.

SEC. 49. Carrier or Handler of Nuclear Material as 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 concerned, as installation operator in the
place of that installation operator in respect of such nuclear material or radioactive waste
respectively. Upon such designation, such carrier or such person shall be considered as an
installation operator for the purpose of this Section.

SEC. 50. Court Having Jurisdiction. - The Regional Trial Court having jurisdiction

over the place where the nuclear incident occurs shall have jurisdiction to determine claims
for compensation for such nuclear damage under this Act.

26


SEC. 51. Intervention of Commission in Court Proceedings. — When, after the
occurrence of a nuclear incident, it appears that the Government will have to pay indemnity,
the Court having jurisdiction over the claims for compensation arising from the nuclear
incident, shall allow the Commission, upon its petition, to intervene in the proceedings with
respect to technical issues, at any time before final judgment.

SEC. 52. Compulsory Processes. — After the occurrence of a nuclear incident for
which it appears compensation may be payable under this Act, the Commission may adopt
such measures as may 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 a summons to such persons to submit themselves to examination before such
authority or body as shall be designated by the Commission 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 obligation.

SEC. 53. Investigation of Nuclear Incidents. ~ The Commission shall make an
investigation of the cause and extent of any nuclear incident for which it appears
compensation may be payable under this Act and its finding shall be made available to the
public, to the parties involved and to the Courts.

ARTICLE XI - TRANSITORY PROVISIONS

SEC. 54. The Philippine Nuclear Research Institute. —

(a) The regulatory function of the of the Philippine Nuclear Research Institute
hereinafter referred to as the Institute, is hereby transferred to the Commission;

(b) The development, promotion and use of nuclear energy for peaceful applications
shall remain the responsibility of the Institute, whereupon the Director of the
Institute shall draw up its new organizational structure to be submitted to the
President through the Department of Science & Technology Secretary for
approval;

(c) 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 Technology, and continue its mandate to foster nuclear

a


research and development including nuclear safety research pursuant to the
objectives of Executive Order No. 128, series of 1987.

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

(e) The regulatory functions of the Institute which were inherited from the former
Philippine Atomic Energy Commission by virtue of R.A. No. 2067, as amended
and R.A. No. 5207, as amended, E.O. 128 and E.O. 366 are deemed transferred to
the Commission.

(f) Previous regulatory issuances — all regulations, rules, orders previously
established by the Philippine Nuclear Research Institute shall remain in force until
superseded by the Commission.

SEC. 55. The Center for Device Regulation, Radiation, Health and Research. —

(a) The regulatory functions of the Center for Device Regulation, Radiation, Health
and Research hereinafter referred to as the CDRRHR of the Department of Health
over devices generating ionizing radiation by virtue of R.A. 9711 are deemed
transferred to the Commission.

(b) This Act shall in no way prevent the Department of Health or its line agencies
from imposing additional requirements for the regulation of medical and health-
related devices in the interest of public health and safety as provided for by law.

(c) The Center for Device Regulation, Radiation, Health and Research shall remain
with the Department of Health.

(d) 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.

SEC. 56. Human Resources. — All plantilla positions of the Nuclear Regulatory
Division of the PNRI, Department of Science and Technology (DOST) are hereby transferred
to the Commission. Thereafter, all powers, functions and duties, records, files, and assets
pertaining to regulation of nuclear and radioactive materials and facilities of the PNRI shall
be transferred to the Commission. All plantilla 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, all powers, functions

28


and duties, records, files, and assets of these organizational units shall be transferred to the
Commission.

There shall be no diminution of rank, salaries, allowances and benefits of all
personnel transferred to the Commission. In case of a difference in the above benefits
between the transferred 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.

‘The head of the Commission shall draw up its organizational structure to be submitted
to the Department Secretary for approval.

ARTICLE XIIIl— PENAL PROVISIONS

SEC. 57. Violation of Specific Provisions of the Act. ~ Any person who willfully
violates, attempts to violate, or conspires to violate, any provision of Section 16 of this Act
shall upon conviction thereof, suffer the penalty of imprisonment of not more than five (5)
years or a fine of not more than one million pesos (PHP 1,000,000.00) or both

SEC. 58. Violation of Other Provisions of this Act. ~ Any person who shall willfully
violate, attempt to violate, or conspire to violate any provisions of this Act for which no
penalty is specifically provided or of any regulation, order or authorization issued under this
Act shall, upon conviction thereof, suffer the penalty of imprisonment of not more than two
(2) years or a fine of not more than five hundred thousand pesos (PHP 500,000.00) or both

ARTICLE XIV - FINAL PROVISIONS

SEC. 59. Appropriations. ~ The amount needed for the initial implementation of this
Act shall be taken from the current year’s appropriations of the Nuclear Regulatory Division
of the PNRI. Thereafter, such sums as may be necessary for its continued implementation
shall be included in the annual General Appropriations Act.

SEC. 60. Implementing Rules and Regulations, — The Commission, in consultation

with the Department of Science and Technology shall issue the rules and regulations
necessary to implement the provisions of this Act.

29


SEC. 61. Repealing Clause. — The pertinent provisions of Republic Act No. 2067 as
amended, otherwise known as the Science Act of 1958, Republic Act No. 5207 as amended,
otherwise known as the Atomic Energy Regulatory and Liability Act of 1968, Republic Act
No. 9711 otherwise known as the Food and Drug Administration Act of 2009, Executive
Order No. 128 Series of 1987 on Reorganizing the National Science and Technology
Authority, rules and regulations and other issuances or parts thereof which are inconsistent
with this Act are hereby repealed, amended or modified accordingly.

SEC. 62. Separability Clause. — If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full

force and effect.

SEC. 63. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,