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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 4 -
DESIGNATING A NEGOTIATING PANEL ON THE BATAAN NUCLEAR POWER PLANT,
AUTHORIZING IT TO NEGOTIATE THE TERMS OF CERTAIN AGREEMENTS WITH
WESTINGHOUSE ELECTRIC CORPORATION UNDER DIRECTION AND SUPERVISION OF
THE BATAAN NUCLEAR POWER PLANT, AND FOR OTHER PURPOSES
WHEREAS, the question of whether or not to
operate the Bataan Nuclear Power Plant (hereinafter "BNPP") as a
nuclear facility is a long standing national issue on which a final and
definite decision should be made as early as possible;
WHEREAS, the decision should be based on a national consensus arrived
at through national debate on major aspects of the issue;
WHEREAS, the Republic of the Philippines and National Power Corporation
are plaintiffs, and Westinghouse Electric Corporation, with its
affiliates (hereinafter "Westinghouse"), and Burns & Roe are
defendants in Civil Action No. 88-5150 (DRD) before the United States
District Court for New Jersey in the United States of America
(hereinafter "Lawsuit");
WHEREAS, the Republic of the Philippines, National Power Corporation,
Westinghouse and Burns & Roe are also parties to an arbitration
proceeding docketed as Case No. 6401/BGD before the International Court
of Arbitration of the International Chamber of Commerce (ICC) in
Switzerland (hereinafter "Arbitration");
WHEREAS, in connection with the Lawsuit and Arbitration, the Republic
of the Philippines, Westinghouse and Burns & Roe entered into a
Conditional Settlement Agreement on March 4, 1992, and later on
submitted it before the aforesaid U.S. District Court with a
manifestation of their intention to proceed to implement the same;
WHEREAS, the Republic of the Philippines, Westinghouse and Burns &
Roe further manifested their intention to negotiate in good faith a
Pre-Operation and Upgrade Contract, Operation and Maintenance Contract
and a final and definitive Settlement Agreement, within 180 days,
ending on September 4, 1992; and should the terms and conditions
thereof be satisfactory and acceptable, the Republic shall agree to
release and settle all claims against Westinghouse and Burns & Roe,
and join in moving to dismiss, with prejudice, the Lawsuit and
Arbitration;
WHEREAS, the parties have been negotiating in good faith since March 4,
1992 on the safety issues and commercial terms associated with the
Conditional Settlement Agreement;
WHEREAS, in order to continue these negotiations under the new
administration, the Government deems it advisable to formally establish
a Negotiating Panel;
NOW, THEREFORE, I FIDEL V. RAMOS, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
Section 1.
a)
b)
c)
d)
Sec. 2.
Vicente
T. Paterno
Ceferino L.
Folloso
Sedfrey A.
Ordoñez
Meneleo J. Carlos,
Jr.
Jaime L.
Guerrero
Sec. 3.
Upon completion of their negotiation, the Panel shall submit its
recommendation to the Office of the President, through the Chairman of
the Presidential Committee on the Bataan Nuclear Power Plant, whether,
in their judgment, the BNPP, when repaired and upgraded according to
the Agreements, would be adequately safe and reliable, and the economic
terms and conditions as negotiated pose sufficiently substantial net
benefits to the country to warrant their final approval and execution
by the Government in conformity with existing Philippine laws.
The proposed Agreements as negotiated by the Panel may be referred by
the Office of the President to Congress for consultation. Subject to
the direction and guidance of the President, through the Chairman of
the Presidential Committee on the Bataan Nuclear Power Plant, and
within the constraints, the Panel shall keep duly designated members of
Congress apprised of the nature and progress of its negotiations.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Sec. 9.
DONE in the City of Manila,
this 19th day of August, in the year of Our Lord, nineteen hundred and
ninety-two.
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