RESOURCES

What Can Be Done About Bataan Nuclear Power Plant?

Philippine law already allows the Bataan Nuclear Power Plant to be revived through outright privatization, a long-term lease, or a public-private partnership. Direct government operation, however, would require new legislation creating or restoring a state generation mandate.

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What's Inside?

An explanation of why BNPP is currently held by PSALM and why neither PSALM nor NAPOCOR presently has a mandate to rehabilitate and operate the plant as a generation business.

Analysis of outright privatization and long-term lease or concession structures that could shift rehabilitation costs and operating risk to a private operator.

A review of the PPP Code and how rehabilitate-operate-transfer, joint venture, and other PPP structures could be used for BNPP.

The legislative and regulatory conditions for revival, including PhilATOM licensing, ERC compliance, and the need to modernize the nuclear civil liability regime.

Advisory on Nuclear Energy Projects and Infrastructure Structuring

Geronimo Law advises project developers, investors, government entities, and infrastructure sponsors on nuclear energy regulation, privatization, PPP structures, project licensing, and strategic energy transactions in the Philippines.

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Frequently Asked Questions

This section addresses common concerns raised by businesses, legal teams, and finance professionals looking for clarity on complex issues and get a better understanding of key concepts.

Can the Bataan Nuclear Power Plant be privatized under existing Philippine law?

Yes. PSALM may dispose of BNPP through public bidding, and existing law permits private ownership of power generation businesses. A foreign operator may also own the generation company, although foreign ownership of the underlying land remains restricted.

Can BNPP be revived through a public-private partnership?

Yes. The PPP Code covers power projects of government entities and allows structures such as rehabilitate-operate-and-transfer, rehabilitate-own-and-operate, and joint ventures subject to the applicable approval process.

Can the Philippine government operate BNPP directly?

Not under the current framework described in the report. Congress would need to create a state nuclear operator or restore a generation mandate to NAPOCOR before government could directly rehabilitate and operate BNPP.

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