legal frames for nuclear power i ml - lecture 1 2

Legal Frames for Nuclear Power I ML.ANS700 Lecture no. 1

3 March 2015

Legal Frames for Nuclear Power I - Lecture 1 Page 2

Agenda

Introduction

Basic information about nuclear law

Nuclear law and the legislative process (Chapter 1 of Handbook)

Principles of Nuclear Law

Introduction


Introduction the lecture

Basic info:

The name: Legal Frames for Nuclear Power I

Number: ML.ANS700

Time: 15 hours

Scope

General presentation of the legal framework of nuclear power at international level (and EU

level)

General presentation of the legal framework of nuclear power at national level

Aims of the lecture:

General awareness of different areas of nuclear law

Ability to look for detailed regulations in documents


Introduction the lecture

Literature:

Handbook on Nuclear Law by IAEA (available at www.iaea.org)

Nuclear Law The Law Applying to Nuclear Installations and Radioactive Substances in its

Historic Context by Stephen Tromans

Handbook on Nuclear Law - Implementing Legislation by IAEA

International, EU, Polish and other acts of law (conventions, treaties, directives, laws,

regulations, guidelines, recommendations ....)

Requirement to pass:

One written test based on the lecture and/or the IAEA Handbook.

Several open questions, 50 % of marks to pass

1 hour long

On the last lecture

No cheating!


Introduction organisational issues

Recording - please share it with me!

The presentations:

It will be made available

These are supportive materials, not the full syllabus of the lecture.

YOU NEED TO ATTEND THE LECTURE OR READ THE IAEA HANDBOOK.

I do not plan to check your presence. If so, only for information or statistical

purposes.

PLEASE LISTEN, OR AT LEAST DO NOT DISTURB.


The draft agenda of the lecture

Lecture 1

Introduction



Nuclear law and the legislative process (Chapter 1 of Handbook)

Lecture 2

The regulatory body (Chapter 2 of the Handbook)

Licensing, inspection and enforcement (Chapter 3 of the Handbook)

Radiation protection (Chapter 4 of the Handbook)

Lecture 3

Sources of radiation and radioactive material (Chapter 5 of the Handbook)

Safety of nuclear facilities (Chapter 6 of the Handbook)

Emergency preparedness and response (Chapter 7 of the Handbook)


The draft agenda of the lecture (cont.)

Lecture 4

Mining and milling (Chapter 8 of the Handbook)

Transport of radioactive material (Chapter 9 of the Handbook)

Radioactive waste and spent fuel (Chapter 10 of the Handbook)

Lecture 5

Safeguards (Chapter 12 of the Handbook)

Export and import controls (Chapter 13 of the Handbook)

Physical protection (Chapter 14 of the Handbook)

Lecture 6

Nuclear liability and coverage (Chapter 11 of the Handbook)

Lecture 7

Promotion of nuclear energy and support systems


Introduction the schedule

7 lectures of 2 hours each plus last lecture for the test (1 hour)

March 3rd 1st lecture (4h)

March 10th 2nd lecture (4h)

March 17th 3rd lecture (4h)

March 24th No lecture

March 31th 5th lecture (2h)

April 7th No lecture

April 14th Test

Can we do 4h of lecture?

Changes possible any propositions?


Introduction the lecturer

dr in. Przemysaw ydak

Master of Science at Warsaw University of Technology,

Faculty of Power and Aeronautical Engineering (2002)

Ph.D. at Warsaw University of Technology, Faculty of

Power and Aeronautical Engineering (2006)

Institute of Heat Engineering (2006-2008)

Ernst&Young Business Advisory (since 2008)

email: [email protected]; [email protected]

Tel: +48 519 511 526

Feel free to contact do not abuse!

Any questions?


List of students

First Name Family name Number

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First Name Family name Number

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Why nuclear? Areas of interests in nuclear?


Legal frames of nuclear power nuclear law

Step back: Nuclear power law are part of the nuclear law.

Nuclear law covers a vast area of issues related to nuclear energy and

ionizing radiation:

Medicine,

Agriculture,

Industry,

Research,

Electricity production

Lets talk about nuclear law with emphasis to nuclear energy, but not only.

Why do we talk about nuclear law?

We want to use it for it benefits but we have to manage the risk


Nuclear law the definition and objective

The definition: The body of special legal norms created to regulate the

conduct of legal or natural persons engaged in activities related to fissionable

materials, ionizing radiation and exposure to natural sources of radiation.

4 aspects:

The first: a body of special legal norms

The second: the element of regulation incorporates the riskbenefit approach

The third: the special legal norms relate to the conduct of legal persons as well as of

individuals

The fourth: focuses on radioactivity

The objective: To provide a legal framework for conducting activities related

to nuclear energy and ionizing radiation in a manner which adequately

protects individuals, property and the environment.


Areas of nuclear regulations

Safety

Radiation protection

Nuclear and radioactive safety

Sources of radiation and radioactive material

Safety of nuclear facilities

Emergency preparedness and response

Mining and milling, Transport of radioactive material, Radioactive waste and spent fuel

Non-proliferation, physical protection and nuclear liability Safeguards

Export and import controls

Physical protection

Nuclear liability and coverage

Promotion of nuclear energy and support systems


Level of regulation

Constitutional level

Establishes the basic institutional and legal structure governing

all relationships

Statutory level

Laws enacted by a parliament in order to establish other

necessary bodies and to adopt measures relating to the broad

range of activities affecting national interests

Regulations

Detailed and often highly technical rules to control or regulate

activities specified by statutory instruments

Non-mandatory guidance instruments

Recommendations designed to assist persons and

organizations in meeting the legal requirements

General rules

Very detailed

information


Law making process

Assessment of nuclear programmes and plans

Assess what for are you making/ updateing your nuclear law

Assessment of laws and the regulatory framework

Assess the current regulatory framework, not only nuclear, but in any other area relevant to

nuclear activity (from construction permits to taxes)

Stakeholder involvement

Initial legislative drafting

First review of the initial draft

Further legislative consideration

Legislative oversight


Nuclear law vs. non-nuclear laws

Relationship to non-nuclear laws

Local land use controls;

Environmental matters (e.g. air and water quality and wildlife protection);

The economic regulation of electric power utilities;

The occupational health and safety of workers;

General administrative procedures of governmental bodies;

Transport;

The export and import of nuclear material;

Intellectual property rights;

Liability for non-nuclear damage;

Emergency management;

Taxation.


Reflecting international conventions or treaties in national legislation

As a matter of international law, States that take the necessary steps under

their national laws to approve (or ratify) such an instrument are then bound by

the obligations arising out of that instrument in their relations with other States

Parties (assuming that the instrument has entered into force).

In addition, such States need to establish legal arrangements for implementing

those obligations internally. Two approaches:

It involves, first, the translation of the international instrument into the national language

and, second, the organization of key provisions in a manner consistent with the national

legal framework.

The second approach to implementation does not require the second step. The

constitutional arrangements in some States make international agreements concluded in a

manner consistent with national law a part of those States legal frameworks, without further legislative action. The international instruments is called self-executing.


Incorporating international guidance documents or foreign law provisions into national legislation

Issues:

How international or foreign requirements will fit into a States legal structure.

Prohibition for incorporation of external requirements

Potentials inconsistencies or contradictions

Translation problems

Availability of external requirements/documents

Changes is external requirements

Solutions:

Copy/Paste approach

Specific structure of the law: general rules in the law and specific regulations set by the

regulatory authority based on international guidance.


History of nuclear regulations

Reactiveness to accidents:

Kyshtym (URSS) September 1957, close to Chelyabinsk

Explosion due to uncontrolled heating up of tank with liquid radioactive wastes

Release of cloud of isotopes

Acknowledge by authorities in 1988

Windscale (UK) October 1958,

Fire in a pile intended to produce military grade plutonium due to increase of power

Release of cloud of isotopes

Three Mile Island (USA) March 1979

Chernobyl (URSS) April 1986

Fukushima (Japan) March 2011


Some international acts of law

Nuclear liability

Vienna Convention on Civil Liability for Nuclear Damage (1963)

Paris Convention on Third Party Liability in the Field of Nuclear Energy (1960) as amended

by the additional Protocol in 1964 and in 1982.

Joint Protocol Relating to the Application of the Vienna Convention and the Paris

Convention (1988)

Nuclear Accidents

Convention on Early Notification of Nuclear Accidents and on Assistance in the Case of a

Nuclear Accident or Radiological Emergency (1986)

Safety

Joint Convention on Safety of Spent Fuel Management and on the Safety of Radioactive

Waste Management (1997)

Convention on Nuclear Safety (1994)


Some international acts of law (cont.)

Physical Protection of Nuclear Material

The Convention on the Physical Protection of Nuclear Material (1980)

Non-proliferation

Treaty on the Non-Proliferation of Nuclear Weapons (1968)

Nuclear weapons

Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of

Mass Destruction on the Sea-Bed and the Ocean Floor and in the Subsoil Thereof (1972)

Limited Test Ban Treaty (Partial Test Ban Treaty ) (1963)

Comprehensive Nuclear-Test-Ban Treaty (1996)

And others ....


The law is not enough Safety and security culture is the key!

Even the best law and regulations does not guarantee the safety and security

of the nuclear sector.

Safety and security has many complex facets: technical, legal, administrative,

institutional, economic, social, political, informational, and even ethical and

psychological.

The definition of safety and security culture: That assembly of

characteristics and attitudes in organizations and individuals which establishes

that, as an overriding priority, nuclear plant safety issues receive the attention

warranted by their significance.

The nuclear law can help to create and support proper safety and security

culture in the nuclear sector.


Institutions

The International Commission on Radiological Protection (ICRP)

Created in 1928 as the International X-ray and Radium Protection Committee,

Renamed in 1950, Based in Ottawa, Ontario, www.icrp.org

Professional, nongovernmental organisation making recommendation not rules.

The UN Scientific Committee on the Effects of Atomic Radiation (UNSCEAR)

Setup by General Assembly in 1955, based in Vienna, Austria, www.unscear.org

The mandate under Resolution 913(X) of 3 December 1955 is to receive and assemble in

appropriate and useful form reports on observed levels of ionising radiation and

radioactivity in the environment and reports on scientific observations and experiments

relevant to the effects of such radiation on man and the environment and to recommend

uniform standards with respect to procedures for sample collection and instrumentation.

Based on their report (only about 16 major ones) the Partial Test Ban Treaty has been

signed in 1963


Institutions (cont.)

The International Atomic Energy Agency (IAEA)

Founded in 1957 as UN Agency to promote peaceful use of atomic energy, www.iaea.org

Functions: assisting research, encouraging the exchange of expertise, fostering the

exchange of information, encouraging the training of scientists and experts, establishing

and administrating safeguards to avoid the diversion of nuclear matter to non-peaceful

ends.

Key areas:

Safeguard and verification

Safety and security

Science and technology

Activities:

Providing standards divided into: Safety Fundamentals, Safety Requirements and Safety Guides.

Produce safety reports, conduct inspections.

High influence but low power


Institutions (cont.)

Nuclear Energy Agency (NEA)

Created in 1956 within the framework of OECD, www.nea.fr

General purpose of furthering the development of peaceful uses of nuclear energy

including applications of ionizing radiation

Global Nuclear Energy Partnership (GNEP)

Created in 2007 based on USA proposition to promote the use of nuclear energy and improve the nuclear fuel cycle so as to reduce the risk of proliferation and more effective

manage waste while guaranteeing access to fuel supplies.

Generation IV International Forum

Founded in 2001

In order to develop six new reactor technologies for use between 2020 and 2030.

The principles of nuclear law



Basic concepts which are considered to by the fundamental principles of

nuclear regulations:

1) Safety principle

2) Security principle

3) Responsibility principle

4) Permission principle

5) Continuous control principle

6) Compensation principle

7) Sustainable development principle

8) Compliance principle

9) Independence principle

10) Transparency principle

11) International co-operation principle


Safety principle - safety is the primary requisite for the use of nuclear energy and the applications of ionizing radiation

Fundamental requirement

The risks and the benefits of nuclear energy have to be taken into account

Regulation adapted to the hierarchy of risks, but not exaggerated

Subprinciples:

Prevention principle

Given the special character of the risks of using nuclear energy, the primary objective of nuclear

law is to promote the exercise of caution and foresight so as to prevent damage that might be

caused by the use of the technology and to minimize any adverse effects resulting from misuse

or from accidents.

Protection principle

The fundamental purpose of any regulatory regime is to balance social risks and benefits

Precautionary principle

In the event that a balance cannot be achieved, the rules of nuclear law should require action

favouring protection.


Security principle

Military origin of nuclear power and nuclear technology in general causes

risks:

Certain nuclear material and technologies pose health and safety risks if diverted to

nonpeaceful ends

They also pose risks to the security of persons and social institutions

Lost or abandoned radiation sources can cause physical injury to persons unaware of the

associated hazards

The acquisition of radiation sources by terrorist or criminal groups

Spread of nuclear explosives

Protect and account for the types and quantities of nuclear material that may

pose security risks.

These measures must protect against both accidental and intentional diversion from the

legitimate uses of these materials and technologies.


Responsibility principle Who is primarily responsible for ensuring safety? The fundamental principle that the operator or licensee should bear the

burden of ensuring that its activities meet the applicable safety, security and

environmental protection requirements.

A part or all the financial liability for the damage that could result from nuclear related

activities may be assigned (or channelled) to different parties.

The entity that has been consistently identified as primarily responsible is the

operator or licensee who has been granted the authority to conduct specific

activities related to nuclear energy or ionizing radiation.


Permission principle

In most national legal systems,

activities not specifically prohibited by law are considered to be free

if an activity poses an identifiable risk of injury to persons or to the environment is it

appropriate for the law to require that prior permission be obtained

Nuclear law normally requires that prior permission be obtained for activities

involving fissionable material and radioisotopes.

Different names: authorization, licence, permit, certificate or approval

Identify clearly those activities or facilities that require an authorization, and those that do

not.

If the risks associated with an activity are so low as to be below regulatory concern, a

specific authorization may not be required.

The permission is always linked with obligations!


Continuous control principle

Even in circumstances in which an authorization has been granted to conduct

certain activities, the regulator must retain a continuing ability to monitor those

activities

To be sure that they are being conducted safely and securely and in accordance with the

terms of the authorization.

This principle means that national nuclear legislation must provide for free access by

regulatory inspectors to all premises where nuclear material is being used and stored.

The nuclear regulator can at any time conduct controls by accessing to all the

documentation and all the sites, and it can take any decision jugged justified

by public safety regarding the nuclear activity (i.e. stop it).


Compensation principle

The use of nuclear energy poses the risk of major damage to persons,

property and the environment, which cannot be completely exclude.

Nuclear law requires that States adopt measures to provide adequate

compensation in the event of a nuclear accident.

Specific regulation in case of international damage to persons, property and

the environment are also implemented to provide compensation in the event of

nuclear accident.


Sustainable development principle

Economic and social development can be sustainable only if the worlds environment is protected from degradation.

Concerns about fissile material and sources of ionizing radiation can pose

health, safety and environmental risks for very long periods of time

But the very long lived character of these materials has made it difficult to

determine which current measures are necessary in order to protect

generations adequately in the very remote and unpredictable future.

One of the approach: does whatever is possible for long term safety, but

without foreclosing options for future generations and without relying unduly on

long term forecasts.


Compliance principle

Due to that:

nuclear energy is deemed to involve particular risks of radiological contamination

transcending national boundaries

regionally and globally, bilateral and multilateral instruments are building an international

law of nuclear energy

To the extent that a State has adhered to the international legal regimes in

question, national nuclear law must reflect the obligations that they contain.

Control measures

In States in which national law automatically adopts treaties to which those

States have adhered as self-executing, no separate legislation may be

needed. In many other States, however, compliance with international

obligations requires additional legislative action.


Independence principle

Nuclear law places particular emphasis on the establishment of a regulatory

authority (regulator)

The decisions on safety issues of the regulatory authority cannot subject to

interference from entities involved in the development or promotion of nuclear

energy.


Transparency principle

Public understanding of and confidence in the technology have required that

the public, the media, legislatures and other interested bodies be provided with

the fullest possible information concerning the risks and benefits of using

various nuclear related techniques for economic and social development.

The transparency principle requires that bodies involved in the development,

use and regulation of nuclear energy make available all relevant information

concerning how nuclear energy is being used, particularly concerning

incidents and abnormal occurrences that could have an impact on public

health, safety and the environment.


International co-operation principle

The international dimension of nuclear energy

the potential for transboundary impacts

use of nuclear material involves security risks that do not respect national borders

a large number of international legal instruments have been promulgated to codify the

obligations of States in the nuclear field

the increasingly multinational character of the nuclear industry, with frequent movements of

nuclear material and equipment across national borders, makes effective control

dependent on parallel and joint approaches by both public and private entities

For all these reasons, national nuclear energy legislation should make

adequate provision for encouraging public bodies and private users of nuclear

energy to participate in relevant international activities in the nuclear field.

legal frames for nuclear power i ml - lecture 1 2

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