Uncertainty

and its Impacts on the Nuclear Regulatory Regime of Japan and the Philippines:
A Risk Perspective
Emiko Sakane and Patricia Miranda | LAWS11342

Major Nuclear Disasters Japan: Legal Framework on Nuclear Energy [20]

Philippines: Legal Framework on Nuclear Energy
Year Regulation Summary Year Regulation Summary
Three Mile Island (USA; 1979) – advanced 1955 Atomic Energy Basic Act basic law to secure energy resources and 1958 Science Act created the Philippine Atomic Energy
technology; reactor was severely damaged but promote industry Commission (PAEC)
radiation was contained[1] 1957 Reactor Regulation Act promotes public safety from nuclear source 1968 Atomic Energy established comprehensive nuclear
and fuel material, and reactors Regulatory Act regulatory functions of PAEC (note: now
Chernobyl (Ukraine; 1986) – general standards of 1957 Radiation Hazards promotes public safety from radiation hazards converted to a research institute)
security were not met; destruction of reactor by steam Prevention Act
explosion and fire[2] 1961
1987 Philippine provides legal and procedural framework
Nuclear Emergency Act covers additional requirements excluded by
Environmental Impact for conducting EIAs for projects “likely to
basic act on disaster control
Assessment (EIS) have” significant environmental impacts,
1961
Act on Compensation for provides a range of penalties and fees for
Fukushima (Japan; 2011) – several early warnings (e.g., Nuclear Damage nuclear damage
System Law including nuclear infrastructure projects
earthquake and tsunami) regarding possible risks were not International treaties and multilateral agreements; IAEA membership
2012 Nuclear Regulation created NRA as an independent nuclear
taken seriously by TEPCO and government regulators[3]
Authority (NRA) regulator responsible for safety an facility 2010 Comprehensive Nuclear Regulation Bill: not passed into law
Establishment Act regulations
Policy, Politics and Public Attitudes Post-Fukushima due to perceptions of increased risk from Fukushima disaster [25]
International treaties and multilateral agreements; IAEA membership 2016 Senate Resolution: “in aid of legislation” inquiry assessing
Increased fear of radiation exposure and contamination;[4] safety feasibility of recommissioning Bataan Nuclear Power Plant [26]
enhancements in existing plants and future projects; [5] nuclear Post-Fukushima Regulatory Reorganization [21]
power phase-outs, particularly in Europe; [6] intensified debate “…not a matter of choosing between safe and risky
among stakeholders; collaborative anti-nuclear campaigns from alternatives, but between different risky
civil society;[7] 2013 UNSCEAR report on radiation effects alternatives.” (Beck, 2008) [27]
critiqued by UN health rapporteur and human rights experts[8]
Malampaya gas field which provides 30% of PH
[9]
power requirements will run out by 2024 according
to Department of Energy estimates [28]

Current territorial dispute with China over West

Philippine Sea resulted in a moratorium on oil and
gas drilling in Recto Bank (Reed Bank) [29]

6-12 hour blackouts in Luzon and Mindanao due to

[22]
aging power plants (hydro and coal); fluctuations
from renewables; rapidly growing population [30]
Bataan Nuclear Power Plant
1979: PH dictator Marcos suspended plant construction due to TMI “One reason why energy insecurity vs. “hidden costs”[31] of nuclear energy (heath and
disaster; investigatory commission recommended additional safety regulation can go wrong, environment concerns, e.g., disasters, disposal, contamination)
requirements; construction continued in 1980 [10] therefore, is the inherent
1986: suspension of BNPP operating contract one month after uncertainty and CONCLUSION
Chernobyl disaster; plant placed in “preservation mode” [11] ambiguity of knowledge.”
2010: planned operation of BNPP (as per 1991 government
(Baldwin et al., 2012: 74) [23] Marked differences in risk mitigation and management across
reports);[12] budget appropriated for KEPCO feasibility study; [13] bill countries à added risks: underregulation; the “safety myth”
filed in Congress for comprehensive nuclear regulation derailed due [24]
1. Uncertainties inherent in nuclear technology impacts policy,
to Fukushima disaster [14] sea wall politics, and public attitudes in Japan and the Philippines à
[15] DEFENSE-IN-DEPTH APPROACH: rigorous and evidence-based
ISSUES: $1B rehabilitation cost;[16]
proximity to an active volcano;[17] 2. However, incomplete, inconclusive, conflicting data is a challenge
differing assessments of potential risks to evidence-based regulations à PRECAUTIONARY APPROACH
from experts;[18] “symbolic” cost[19] Location and status of nuclear facilities Cross section of the plant showing inundation level
REFERENCES: [1] World Nuclear Association, ‘Safety of Nuclear Power Reactors’ (2016) at http://www.world-nuclear.org/information-library/safety-and-security/safety-of-plants/safety-of-nuclear-power-reactors.aspx (accessed 5 November 2016) [2] Chris Park, Chernobyl: The Long Shadow (Routledge 1989) [3] Mitsuru Obe and Phred Dvorak, ‘Japan Panel Blames Disaster on Negligence’ Wall Street Journal (5 July 2012), at http://www.wsj.com/articles/SB10001424052702304141204577508054139099724> accessed 18 October 2016 [4] [4] The National Diet of Japan ‘The official report of The Fukushima Nuclear Accident Independent
Investigation Commission’ (2012) at http://warp.da.ndl.go.jp/info:ndljp/pid/3856371/naiic.go.jp/wp-content/uploads/2012/09/NAIIC_report_lo_res10.pdf (accessed 5 November 2016) [5] supra note 1 [6] [6] World Nuclear Association , ‘Nuclear Power in Germany’ (2016) at http://www.world-nuclear.org/information-library/country-profiles/countries-g-n/germany.aspx (accessed 5 November 2016) [7] Hanan AlKiswany, Lizette Damons, Mike Ives et al., 'The nuclear power plans that have survived Fukushima' The Guardian, 30 September 2011, at https://www.theguardian.com/environment/2011/sep/30/nuclear-power-fukushima (accessed 10
November 2016). [8] The Japan Times 'Human rights experts rap U.N. report on Fukushima radiation', at http://www.japantimes.co.jp/news/2013/10/25/national/human-rights-experts-rap-u-n-report-on-fukushima-radiation/#.WCUHTuGLQ3E (accessed 10 November 2016). [9] Academic fair use of photos: AFP; nuclear-net.com; The Guardian; Green Peace. [10] John McBeth, ‘Power: Seeing the Light’ (1993) 156 Far Eastern Economic Review 44 [11] ibid. [12] ibid. [13] AMF Lagmay, R Rodolfo, H Cabria et al., ‘Geological Hazards of SW Natib Volcano, Site of the Bataan Nuclear Power Plant, the Philippines’ (2012) 361 Geological Society 151 [14]
Ibid. [15] ] supra note 1 [15] Don Jaucian, ‘A look inside a sleeping giant: the Bataan Nuclear Power Plant’, CNN Philippines, 8 September 2016, at http://cnnphilippines.com/life/leisure/travel/2016/09/08/bataan-nuclear-power-plant-visit.html (accessed 10 November 2016). [16] Rigoberto Tiglao, ‘White Elephant Stirs: Manila’s Deal with Westinghouse May Not Stick’ (1992) 155 Far Eastern Economic Review 50 [17] supra note 13 [18] ibid. [19] ] supra note 10 [20] The Secretariat of Nuclear Regulation Authority, Outline of Nuclear Regulation of Japan- Reference documents for the IAEA IRRS Mission-(2015) [21] Nuclear Regulation Authority,
Japan,’ Nuclear Regulation for People and the Environment’ (2012) at https://www.nsr.go.jp/english/e_nra/nsr_leaflet_English.pdf (accessed 5 November 2016) [22] supra note 20 [23] Robert Baldwin, Martin Cave and Martin Lodge, Understanding Regulation: Theory, Strategy, and Practice (2nd edition, Oxford University Press 2012) [24] supra note 4 [25] ] supra note 7 [26] Anna Estanislao, ‘Nuclear Power: A Go or No?’ (CNN Philippines, 1 September 2016) <http://cnnphilippines.com/news/2016/09/01/nuclear-power-bataan-powerplant-alternative-source-energy-senate-power-crisis.html> accessed 18 October 2016 [27] Ulrich Beck, ‘All
aboard the nuclear power superjet. Just don’t ask about the landing strip’, The Guardian 17 July 2008, at https://www.theguardian.com/commentisfree/2008/jul/17/nuclearpower.climatechange (accessed 10 November 2016) [28] Kristine de Guzman, ‘Malampaya: When the Gas Runs out Will Luzon Have Power?’ (CNN Philippines, 27 June 2015) <http://cnnphilippines.com/news/2015/06/26/Malampaya-When-the-gas-runs-out-will-Luzon-have-power.html> accessed 18 October 2016 [29] ibid. [30] Iris Gonzales, 'Mindoro reeling from power outages' Philippine Star, 18 May 2015 http://www.philstar.com/nation/2015/05/18/1455759/mindoro-
reeling-power-outages (accessed 10 November 2016). [31] National Research Council, Board on Environmental Studies and Toxicology and Committee on Health, Environmental, and Other External Costs and Benefits of Energy Production and Consumption, Hidden Costs of Energy: Unpriced Consequences of Energy Production and Use (National Academies Press 2010) <http://www.nap.edu/catalog/12794> accessed 18 October 2016. Note: Academic fair use for photos.