IAEAInternational Atomic Energy Agency

RER2006RTC Establishing a Nuclear Safety Infrastructure

for a National Nuclear Power ProgrammeWrap up, Where are we headed

IAEA Requirements for Governmental, Legaland Regulatory

Framework for Safety, GSR Part 123 – 27 July 2012

Stephen KoenickSenior Safety Officer

Regulatory Activities SectionNuclear Safety and Security Department

IAEA

Contents

1. Background

2. Ensuring an appropriate system of regulatory control

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1. Background

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IAEA statute Article III, A.1 “To encourage and assist research on, and development and practical application of, atomic energy for peaceful uses throughout the world; …”

IAEA provides the core engineering, technological and management support to interested Member States in the field of nuclear power

IAEA statute Article III, A.6, “To establish or adopt, in consultation …, standards of safety for protection of health and minimization of danger to life and property …and to provide for the application of these standards ”

IAEA guidance for NPP construction

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Need for a Legal and Governmental Infrastructure

• The decision to launch or expand a nuclear power programme implies a commitment at national and international levels.

• This requires in particular the establishment of an appropriate and comprehensive legal and governmental infrastructure

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• To ensure control over nuclear material, facilities and any other radioactive material

• To ensure that nuclear energy and its applications are exclusively used for peaceful uses

• To ensure that nuclear facilities, nuclear materials and any other radioactive material are handled and operated safely and securely through a system of regulatory control

Why the need for a legal and governmental infrastructure?

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• To ensure that compensation mechanisms are in place in case of nuclear damage

• To define responsibilities, obligations and rights of parties

• To ensure confidence building in the use of nuclear power at national and international levels

Why the need for a legal and governmental infrastructure?

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Phase 1 Phase 2 Phase 3

~ 2 years ~ 4 years ~ 9 years

M2

Ready to make a knowledgeable

decision

Ready to commissio

n

Ready to invite bids

Ready to make a knowledgeable commitment

to a nuclear programme

M1

Ready to commission and operate the first

NPP

M3

How to achieve these goals?

Establishing a Legal and Governmental Infrastructure

• Adoption of a comprehensive nuclear law: Safety, security, safeguards and liability for nuclear damage• Establishment of an independent regulatory body• Implementation of international obligations of the State

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IAEA Assistance with Nuclear Law

• Use of Regional TC Projects to provide all support related to Nuclear Law

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Ensuring an appropriate system of regulatory control

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IAEA Safety Standards

http://www-ns.iaea.org/standards/

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IAEA Safety Standards

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Extract from DG’s 2008 General Conference speech:

“Every country has the right to introduce nuclear power, as well as the responsibility to do it right.”

Fundamental Safety PrinciplesFundamental Safety Principles

Responsibility for

Safety

Role of Government

Leadership and Management

for Safety

Justification of Facilities and

Activities

Optimization of Protection

Limitation of Risks to

Individuals

Protection of Present and

Future Generations

Protective Actions to

Reduce ExistingOr UnregulatedRadiation Risks

Preventionof Accidents

Emergency Preparednessand Response

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Principle 1: Responsibility for Safety

• The prime responsibility for safety must rest with the person or organization responsible for facilities and activities that give rise to radiation risks.

• The licensee retains the prime responsibility for safety throughout the lifetime of facilities and activities, and this responsibility cannot be delegated. Other groups, such as designers, manufacturers and constructors, employers, contractors, and consignors and carriers, also have legal, professional or functional responsibilities with regard to safety.

• Since radioactive waste management can span many human generations … Provision must also be made for the continuity of responsibilities and the fulfilment of funding requirements in the long term.

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Principle 2: Role of government

• An effective legal and governmental framework for safety, including an independent regulatory body, must be established and maintained.

“The government is responsible for the adoption within its national legal system of such legislation, regulations, and other standards and measures as may be necessary to fulfil all its national responsibilities and international obligations effectively, and for the establishment of an independent regulatory body.”

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Structure of GSR Part 1

• RESPONSIBILITIES AND FUNCTIONS OF THE GOVERNMENT

• THE GLOBAL SAFETY REGIME

• RESPONSIBILITIES AND FUNCTIONS OF THE REGULATORY BODY

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RESPONSIBILITIES AND FUNCTIONS OF THE GOVERNMENT

• Establish a national policy and strategy for safety• Establish and maintain appropriate governmental, legal,

and regulatory framework for safety – that clearly allocates responsibilities

• Establish effectively independent regulatory body• Assign prime responsibility of safety to the organization

responsible for the activity – this responsibility cannot be delegated

• Ensure effective coordination between governmental organizations

• Make provisions for emergency preparedness

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RESPONSIBILITIES AND FUNCTIONS OF THE GOVERNMENT

• Establish system for protective actions to reduce undo radiation risks from unregulated sources

• Make provisions for safe decommissioning of facilities; management and disposal of radioactive waste; and management of spent fuel

• Make provisions for building and maintaining competence of all parties having responsibilities for safety

• Ensure arrangements established for interfaces of safety with nuclear security and with State system of accounting for and control of nuclear material

• Make provisions for technical services related to safety such as personal dosimetry and environmental monitoring

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RESPONSIBILITIES AND FUNCTIONS OF THE GOVERNMENT - example

• Establish a national policy and strategy for safety

1. The UAE is committed to complete operational transparency.2. The UAE is committed to pursuing the highest standards of non-proliferation.3. The UAE is committed to the highest standards of safety and security.4. The UAE will work directly with the IAEA and conform to its standards in

evaluating and potentially establishing a peaceful nuclear energy program.5. The UAE hopes to develop any peaceful domestic nuclear power capability in

partnership with the Governments and firms of responsible nations, as well with the assistance of appropriate expert organizations.

6. The UAE will approach any peaceful domestic nuclear power program in a manner that best ensures long-term sustainability.

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RESPONSIBILITIES AND FUNCTIONS OF THE GOVERNMENT - example

• Establish and maintain appropriate governmental, legal, and regulatory framework for safety – that clearly allocates responsibilities

• Establish effectively independent regulatory body

UAE – A Federal Law by Decree No. 6 of 2009, Concerning the Peaceful Uses of Nuclear EnergyArticle (4) 1. A public organization under the name of “Federal

Authority for Nuclear Regulation” shall be established with independent balance sheet and it shall have an independent legal personality, full legal competence and financial and administrative independence in all its matters.

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RESPONSIBILITIES AND FUNCTIONS OF THE GOVERNMENT - example

Make provisions for emergency preparedness

•An important part of FANR’s mission is to work with licensees and appropriate government entities to ensure that in event of a nuclear or radiation emergency effective actions would be taken to protect people from harm.

•FANR requires that all licensees prepare plans to respond to an emergency.

•Emergency plans will be exercised to ensure they remain effective.

•FANR will liaise with the National Crisis and Emergency Management Authority (NCEMA), and other relevant bodies to protect people during emergency.

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Global Safety Framework

• The government shall:• fulfil the relevant international

obligations,

• participate in relevant international arrangements, including international peer reviews, and

• promote appropriate international cooperation to enhance safety globally

• The regulatory body shall make arrangements:• for analysis of operating experience

and regulatory experience, including experience in other States, and

• for the dissemination of the lessons learned.

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RESPONSIBILITIES AND FUNCTIONS OF THE REGULATORY BODY

• Organization, effective independence, and competence to discharge its responsibilities,

• Establish and implement management system,• Obtain technical advise as necessary,• Establish communications with authorized parties,• Ensure stable and consistent regulatory control,• Make provisions for establishing, maintaining, and

retrieving adequate records for safety of facilities and activities.

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ACTIVITIES OF THE REGULATORY BODY (1)

• Development of regulations and guides• Domestic legal system• Nature and extent of regulated activities• Regulatory approach selected

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ACTIVITIES OF THE REGULATORY BODY (1)

Development of regulations and guides

•Management Systems for Nuclear Facilities FANR-REG-01 ( Arabic, English)

This regulation defines generic management system requirements applicable throughout all phases (i.e. siting, design, construction, commissioning, operation and decommissioning) of the lifetime of a nuclear facility including any subsequent period of institutional control.

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ACTIVITIES OF THE REGULATORY BODY (2)

• Authorization (also called licensing)• Safety has to be demonstrated• Graded approach (registration - multi-stage

authorization process)• Guidance on format and content of the

documents

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ACTIVITIES OF THE REGULATORY BODY (3)

• Review and assessment

• Principles and criteria being used should be available to the operators

• Information - complete, accurate, verifiable

• Programme of review and assessment

• Periodic safety re-assessment

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ACTIVITIES OF THE REGULATORY BODY (4)

• Inspection and enforcement• Cover all areas of regulatory responsibility

• Facilities, equipment• Documents• Persons

• Timely identification and correction of deficiencies/deviations

• Distribution of lessons learned – feedback process

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ACTIVITIES OF THE REGULATORY BODY (5)

• Inspection• Systematic programme• Planned, reactive• Inspection report

• Enforcement• graded approach: warning letter, withdrawal of license

• All enforcement decisions are in written form

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ORGANIZATION OF THE REGULATORY BODY

• Influenced by many factors - no single model• Structure should correspond to the extent and

scope of the regulated activities• Effectiveness and efficiency• Resources, authority, independence,

communication lines• If the regulatory body consists of more authorities

(definition of responsibilities, co-ordination)• Outside technical support (technical support

organization, university, private consultant, expertise, independence)

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Publications under development

• LICENSING A COUNTRY’S FIRST NUCLEAR POWER PLANT, INSAG-26, DRAFT• Start early and minimize project schedule pressures;• Leverage reference plant, build competence by time of

commissioning;• Early reliance on experienced regulators and other

external support;• Development of regulatory body doesn’t end with

licensing of first NPP

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Publications under development

• Draft Safety Report Managing Regulatory Competences• Appendix dedicated to establishing safety infrastructure• Will supersede TecDOC 1254

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International Atomic Energy Agency

S.M. Modro, July 2008

s.koenick@iaea.org

Thank you for your attention