Position Paper of AGHAM – Advocates of Science and Technology for the People on House Bill No. 7049, or An Act Establishing the Philippine Atomic Energy Regulatory Authority and Providing for a Comprehensive Legal Framework for the Utilization of Nuclear Energy in the Philippines (Philippine National Nuclear Energy Act)
May 2023
AGHAM – Advocates of Science and Technology for the People welcomes the exploration and application of various technological and scientific developments, including nuclear technology, on the premise that it can benefit the Filipino people and contribute to the progress of our country. Nuclear technology, as used in power generation, medical treatments, and industrial processes, can be advantageous when used correctly and safely.
At the same time, we recognize that nuclear technology, particularly in its use for energy production and warfare, has brought more harm than benefit to people and communities, including death, disasters, and pollution. We have seen the destructive power of nuclear technology when the United States dropped atomic bombs on Japan, causing massive havoc, death, and lasting injury to hundreds of thousands of people.
We have witnessed nuclear disasters such as the Three Mile Island meltdown in the US, the Chernobyl disaster in Ukraine, and the Fukushima disaster in Japan. These nuclear disasters tell us that the use of nuclear energy is precarious and dangerous when not handled correctly and transparently even in countries which are highly technologically-advanced and have stringent nuclear policies or programs and well-established institutions.
Therefore, the establishment of national nuclear institutions and bodies in the country could help us pursue a comprehensive study on different nuclear technologies and how they can be developed to provide public service and promote economic development. This includes determining whether or not the development and use of nuclear power is applicable and beneficial to the Philippine context.
In relation to the current national policy framework of privatizing our public utilities and relying primarily on foreign capital to develop our industries, particularly the power and energy industries, the establishment of nuclear bodies or institutions should work outside, if not reverse, this globalization framework and operate based on the principles of Philippine sovereignty, self-reliant economy, vibrant and independent power industry, environmental safety, and advancement of people’s welfare.
However, we believe that the Philippine Atomic Energy Regulatory Authority (PhilATOM), as defined in the pending HB 7049, is not the appropriate body to respond to this purpose. In its present form, AGHAM expresses its opposition to House Bill No. 7049, also known as the Philippine National Nuclear Energy Act, which seeks to establish a nuclear regulatory body that reinforces the current economic and political framework in the country that favors the privatization and commercialization of vital social services and facilities. This bill would only benefit private entities, perpetuate our dependency on foreign capital, and not serve the interests of the Filipino people.
We believe that HB 7049 will not ensure that nuclear technology and nuclear power will be used for the country’s development, especially considering the background in which the technology will be adapted. We should keep in mind that if pursued, nuclear power will not be exempt from the current laws surrounding the power sector, such as Republic Act No. 1936 or the Electric Power Industry Reform Act of 2001 and Republic Act No. 11659 or the Public Service Act, which hand over the essential service of power to private corporations and foreign entities. In its present form, HB 7049 will worsen privatization and commercialization, and will not lead us to the promised lower electricity rates nor energy independence. This is also the same policy mechanism that allows China, who violates our territorial integrity and sovereignty in the West Philippine Sea, through its government-controlled corporation State Grid Corporation of China to own 40% of the National Grid Corporation of the Philippines (NGCP). We are wary of the possibility that HB 7049, once passed, can legally allow foreigners to own nuclear facilities in the Philippines.
On comprehensive study for the viability of nuclear energy in the Philippines
The proposed HB 7049 does not prioritize the comprehensive research and study of the feasibility of nuclear technologies and power in the Philippines. The immediate context and stated premise of the bill assume that nuclear technology, particularly nuclear power, is applicable and safe in an archipelagic, biodiversity-rich, and ecologically-critical country like the Philippines, despite the lack of expert-led assessments that conclude the same. This push towards nuclear power is being made in the face of the declining trend of nuclear power, particularly in Western countries such as Germany and Spain which are in the process of decommissioning their existing plants.
The proposed bill also lacks clarity and transparency on regulatory functions and ownership and management, which raises concerns about conflicts of interest and transparency. Ensuring that any proposed agency’s regulatory functions are comprehensive, transparent, and stringent is essential, given the risks and potential dangers associated with nuclear energy. An independent commission must conduct a comprehensive study to recommend whether the nuclear policy, program, and project should proceed or not, and this study should not be entrusted to private or proponent entities. Said study should also include identification of projects, not limited to nuclear, that are of national importance that will serve the country’s goals in terms of economic growth, meeting local demand, and energy independence.
Moreover, research and studies should determine whether a safer, cleaner, and cheaper power technology alternative is available or if nuclear technology is the better option given the country’s context. In terms of power generation, the Philippines has a huge untapped resource for geothermal, hydropower, wave, and solar technologies, which are renewable energies that can be maximized to improve the country’s energy mix, lower the costs of electricity, and reduce carbon emissions if given adequate study, planning, funding, and regulation to ensure their necessity.
A comprehensive study on nuclear technology will entail the need for technical and human resources that the country presently lacks. There is a need to develop nuclear technology as a field of expertise, to support research on nuclear technology and its different applications.
Adequate environmental and social safeguards for assessing nuclear initiatives
Thorough precaution is not a recommendation but a necessary feature of any law that explores the use of nuclear technology. In its current form, the bill lacks adequate environmental and social safeguards, a fatal flaw that worsens the risk of nuclear accidents and disasters happening.
In relation to the absence of a comprehensive study as pointed out above, nuclear power is an industry that has many associated risks such as waste, meltdowns, disasters, and others. Aside from the comprehensive study that looks at the nuclear industry as a whole, thorough investigative assessments on the environmental and socioeconomic impacts of individual nuclear initiatives should also be mandated by the law. Furthermore, it should be specified that such a study cannot be commissioned by an entity with a stake in the industry, such as foreign-owned nuclear plants or suppliers. The regulatory body must have no exclusions, particularly for projects with national importance, and obtain free and prior informed consent from indigenous peoples while holding consultations before designing a nuclear project.
Establishment of no-nuke zones is necessary, taking into account qualifications like earthquake faults and small islands, while respecting local government units’ legislation that prohibits nuclear projects in their area.
The present lack of nuclear engineering expertise in the Philippines is nevertheless concerning, as it may require dependence on foreign experts, training, and guidance. Additionally, the bill is silent on disaster management, raising concerns about the government’s preparedness in case of potential nuclear accidents.
An example of the bill’s inadequate safeguards is shown in Section 14, which states that the regulatory body and any nuclear energy applicant shall agree on an authorization timeline that should not exceed 18 months. This limit on the timeline of approving nuclear projects shows that the bill’s priority is to establish as many power plants in the shortest amount of time, despite the possibility of disregarding the safety and appropriateness of the proposed projects.
Conclusion
We are not against the study and development of nuclear energy, nor do we oppose the establishment of a body to oversee the comprehensive study that will analyze the suitability, safety, and viability of nuclear energy in the country. What we are opposing is the establishment of a regulatory agency that will directly lead to the haphazard approval of nuclear initiatives in the Philippines despite the grave lack of environmental, technological, social, economic, and political assessments that affirm the current government’s ability to handle nuclear energy. An agency regulating the use of such a sensitive technology should be independent and not be influenced by powerful individuals or corporations. The pursuit of nuclear technology, as with every other technology, should be done for the common good, and not for private gain.#
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