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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 1065 |
The Minister of Finance
The Minister of Energy
The Solicitor General
The President, National Power Corporation
On November 13, 1979, the Commission created by Executive Order No. 539 to conduct an inquiry into the safety to the public of the proposed nuclear plant, submitted its report to the President and recommended that changes in design and additional, adequate and acceptable safety upgrades be incorporated in the Bataan nuclear power plant so that the plant shall not pose a potential hazard to the health and safety of the public.
In view thereof, the President, under LOI No. 957 dated November 13, 1979, directed the above-mentioned ministers to take immediate and appropriate steps to safeguard the interest of the Government. Accordingly, steps were taken to re-evaluate the plant's safety as well as to renegotiate the NPC-Westinghouse contract:
1.
The design and safety features of the plant were re-evaluated in the
light of additional safety requirements required as a consequence of
the Three-Mile Island nuclear plant incident as well as safety upgrades
and other requirements as contained in US Nuclear Regulatory Commission
(USNRC) regulatory guides. After its re-evaluation, the Philippine
Atomic Energy Commission (PAEC) in its reports to the President dated
15 August 1980 said:
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"The
Philippine Atomic Energy Commission (PAEC), in pursuance of its nuclear
regulatory function, has adopted U.S. NRC regulatory guides that are
pertinent and applicable for the first Philippine Nuclear Power Plant.
If the National Power Corporation (NPC) had applied for a construction
permit in the U.S. at the same time it filed the application in the
Philippines, a total of one hundred two (102) regulatory guides on
nuclear power plants would have been required by the U.S. NRC. All of
these 102 regulatory guides were required of NPC by PAEC before PAEC
issued a construction permit for PNPP-1. After the issuance of the
construction permit, PAEC required NPC an additional thirty-three (33)
regulatory guides, nine (9) TMI-related requirements, and two (2)
concerns raised by the International Atomic Energy Agency (IAEA)."
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"With the regulatory guides, the
TMI-2 learned lessons and IAEA requirements imposed, as indicated in
the Appendix, the PAEC considers that, under the present state of the
technology on nuclear power reactors, the PNPP-1 can be built and
operated without causing undue risk to public health and safety and
thereby respectfully recommends to the President that the suspension
order on the construction of the PNPP-1 be lifted."
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2. The National Power Corporation and Westinghouse have also re-evaluated their relationship and are willing to amend their contract to introduce some changes which would enable NPC to better monitor, audit and administer the contract as well as increase certain liabilities of Westinghouse for performance warranties.
In view thereof, the National Power Corporation is hereby directed to take the necessary steps, upon notice to its contractor, Westinghouse, to resume construction of the plant.
For immediate implementation.
Done in the City of Manila, this 15th day of September, in the year of Our Lord, nineteen hundred and eighty.
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