AMENDING EXECUTIVE ORDER NO. 315, AS AMENDED, THEREBY TRANSFERRING AND RATIONALIZING THE POWERS AND FUNCTIONS OF THE PRESIDENTIAL COMMITTEE ON THE BATAAN NUCLEAR POWER PLANT TO …

WHEREAS, under Section 31, Book II of the Administrative Code of 1987, the
President has continuing authority to reorganize the administrative structure
of the Office of the President “in order to achieve simplicity, economy and efficiency;”

WHEREAS, the Presidential Committee on the Bataan Nuclear Power Plant (BNPP)
was created under Executive Order No. 315 dated 04 January 1988, as amended by
Executive Order No. 13 dated 19 August 1992, to oversee, supervise and
coordinate all legal claims and options, loans and financial obligations, and
maintenance and preservation, including the disposition or liquidation of all
assets relating to BNPP;

WHEREAS, the Committee has fully implemented and enforced all legal claims
and actions relating to BNPP other than the pendency of the appellate
proceeding in the U.S. Third Circuit Court of Appeals and the anticipated
ruling of the Arbitral Tribunal in the International Chamber of Commerce;

WHEREAS, Executive Order No. 55, s. of 1986, as amended by Executive Order
No. 98, s. of 1986, transferred the ownership of the BNPP, its equipment,
materials, facilities records and uranium fuel from the National Power
Corporation to the National Government or its duly designated agency, subject
to such obligations as may be legally enforceable against the National
Government;

WHEREAS, with the creation of the Department of Energy under Republic Act
No. 7638 and the existing government agencies, there is a need to rationalize
the various powers and functions of the Presidential Committee on the BNPP to
such agencies;

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. Section 1 of Executive Order No. 315 s. of 1988, as amended by
Executive Order No. 13, s. of 1992, is hereby amended to read as follows:

“SECTION 1. Name
and Function. – The Presidential Committee on the
Bataan Nuclear Power Plant (BNPP) shall be the coordinating and policy-making
body on the BNPP, including policies arising from negotiations for a fair
commercial settlement of all pending legal claims that will provide a
substantial net benefit to the country. The Committee shall submit its
recommendations on BNPP-related policies to the President for approval.”

SEC. 2. Section 2 of Executive Order No. 315, s. of 1988, as amended, is
hereby modified to read as follows:

“Sec. 2. Composition.
– The Committee shall be composed of the Secretary of Energy as Chairman, the
Secretary of Finance as Vice-Chairman both in an ex-officio capacity, and the
Secretary of Budget and Management, Secretary of Trade and Industry, Chairman
of Presidential Commission on Good Government, Governor of Bangko Sentral ng
Pilipinas, Solicitor General, President of National Power Corporation, and
President of the Philippine National Oil Company, as Members.”

SEC. 3. Sections 3, 4 and 5 of Executive Order No. 315, s. of 1988, as
amended, are hereby repealed.

SEC. 4. Transfer and Rationalization of Powers and Functions. – To ensure continuity, economy and
efficiency and to avoid unnecessary duplication of efforts, the following
powers and functions of the Committee are hereby devolved and transferred to
the following government agencies:

The Office of the Solicitor
General shall have primary supervisory responsibility for the enforcement of
all claims and or legal options relative to the BNPP. Funds from the Contingent
Fund of the Office of the President, National Power Corporation and any other
Fund which the President may authorize shall provide the necessary funding
requirements to support and discharge effectively this transfer, subject to the
availability of funds and the usual accounting and auditing rules and
regulations.

b. The National Power
Corporation, in coordination with the Department of Energy for policy
direction, shall continue as the caretaker of the BNPP, undertaking the
necessary and requisite preservation and maintenance therefor pursuant to
Executive Order No. 55, s. of 1986, as amended with the expenditures
necessarily connected thereto to be shouldered by the National Government for
which purpose there shall likewise be an annual appropriation of such sums out
of the General Fund in the National Treasury not otherwise appropriated. The
National Power Corporation is further directed to supervise and coordinate the
disposition and liquidation of any unserviceable property at the BNPP and to
use the funds generated therefrom to support its caretaker’s operations.

c. The Department of Energy
shall have primary responsibility to coordinate and implement the policy
directive proclaimed on May 27, 1993 to rationalize and integrate the country’s
energy program taking into consideration the conversion of BNPP into a
non-nuclear power plant.

The Department of Finance shall
have primary responsibility for the monitoring and coordination of the
restructuring, whenever legally enforceable, of all loans and financial
obligations relating to BNPP.

In coordination with the
Department of Energy, the Committee on Privatization shall supervise and monitor
the disposition and liquidation of the BNPP assets, structures, equipment,
spare parts, uranium fuel, and other related items, which will not be needed
and utilized for the conversion of the BNPP into a non-nuclear power plant.

SEC. 5. Secretariat. – The Secretary of Energy is hereby directed to constitute a
Secretariat which shall provide all the necessary staff support to the
Committee.

For purposes of continuity and
economy, saving generated from the operations of the Presidential Committee on
the BNPP from the period January to June 1995 shall be used to support the
personnel services and its maintenance and other operating expenditure
requirements of the Secretariat for the rest of 1995, subject to the usual
accounting and auditing rules and regulations.

SEC. 6. Funds. – The sum of FIVE MILLION (P5,000,000.00) PESOS is
hereby set aside from the funds allocated for the Contingent Funds of the
Office of the President for the use of the Committee. In case of a deficiency,
such sums as may be necessary to support the Committee’s operations shall be
provided by the participating agencies and by such other entities willing to
contribute upon request of the Committee.

SEC. 7. Separation Gratuity. – In the
interest of service; the twenty-five (25) remaining personnel of the
Presidential Committee on the BNPP whose contract of services expired as of
June 30, 1995 shall each receive a separation gratuity equivalent to one month
of basic salary for every year of service at the said office to be shouldered by
the Contingent Funds of the Office of the President.

SEC. 8. Effectivity. – This Executive Order
shall take effect immediately.

DONE in the City of Manila, this 4th day of October in the year of Our
Lord Nineteen Hundred and Ninety-Five.

(Sgd.) FIDEL
V. RAMOS
President of the Philippines

By the President:

(Sgd.) RUBEN D. TORRES
Executive Secretary

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