nuclear law

7/25/2019 Nuclear Law

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Chapter 1: Nuclear law and the legislative process

Benefit >> risk

Nuclear law – legal regulations that cover activities related to nuclear materials, ionizing radiation

and exposure to sources of radiation. It protects people, property and environment.

Level of regulations:

Constitutional – establishes institutional and legal structure, sets relationships

Statutory – establishes necessary bodies and range of their jurisdiction

Regulations – highly technical rules to control and regulate all subjected activities

Non-mandatory guidance instruments – recommendations that help meeting the legal

requirements

Law making process, main actors:

Government

Regulatory body

Stakeholders

Law making process, stages:

Program assessment

Legal framework analysis

Stakeholders involvement

Initial drafting Reviews and consultations

Legislative process

Non-nuclear laws that affects nuclear activities:

Taxation

Liability for non-nuclear damage

Intellectual property rights

Transport

Local land use Construction

Environmental

Health and safety work standards

Energy market regulations

Administrative procedures

Emergency management

International acts of law:

Vienna Convention on Civil Liability for Nuclear Damage - 1963

Paris Convention on Third Party Liability in the Field of Nuclear Energy - 1960



Join Protocol Relating to the Application of the Vienna Convention and The Paris Convention

– 1988

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

Nuclear Accident or Radiological Emergency – 1986

Convention on Nuclear Safety – 1994

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

Waste Management – 1997

Convention on the Physical Protection of Nuclear Materials – 1980

Treaty on the Non-Proliferation of Nuclear Weapons – 1968

Limited Test Ban Treaty – 1963

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

Safety culture – whole set of characteristic behaviors, rules and attitudes of organizations as well as

individuals that establishes priority of safety issues

UNSCEAR – UN Scientific Committee on the Effects of Atomic Radiation

ICRP – International Commission on Radiological Protection

IAEA – International Atomic Energy Agency (high influence, but limited legal power), provides:

Assistance

Assessments

Prevents proliferation of nuclear materials

Provides international experience exchange Safety reports

International standards

Principles of nuclear regulations:

Safety – use of nuclear energy of ionizing radiation should by conducted only when safety is

guaranteed

Security – any nuclear material has to be protected and accounted

Responsibility – the liable body for each nuclear related activity should always be easy to

identify Permission – any nuclear related activity has to be approved and authorized first

Continuous Control – for any nuclear activity, possibility for monitor and instant access

should be provided

Compensation – in case of event adequate compensation for damage to individuals, property

and environment should be provided

Sustainable development – our today’s choice should have minimized negative effects on

future generations

Compliance – international liability should be set

Independence – the decision making process cannot involve stakeholders

Transparency – public should be given full information about nuclear activities



International co-operation – all stakeholders should participate in international activities in

the nuclear field

Chapter 2: The regulatory body

The regulator – President of Polish Atomic Agency (nominated by prime minister on the request ofMinister of Environment, candidates are chosen by the council of ministers, supervised by Ministry of

Environment), independent person of public trust

Key independence factors:

Technical capacity and competence

Financial resources

Appeal process

Legal power

Regulatory body functions:

Establishing safety requirements and regulations – power to make necessary regulations, not

the law itself

Preliminary assessments – pointing out areas that need to be regulated, ability to consult

with stakeholders

Authorization – giving, amending, suspending and revoking licenses for specified activities

Inspection and assessment – access to facilities and documentation in order to check

compliance with given license

Enforcement – legal power to give orders to perform specific actions and give penalties for

disobedience

Public information – communication with public and governmental authorities, publishing

annual reports

Co-ordination with other bodies – international organizations, government and local

administration, non-government bodies

TSO – Technical Support Organization, does not take responsibility

Chapter 3: Licensing, inspection and enforcement

Activities subjected to licensing process:

Production of radiation sources

Use of radiation and radioactive substances in science, medicine, research, industry,

agriculture (food irradiation) and teaching

Design, construction, operation and decommissioning of research and test reactors

Sitting, design, construction, operation and decommissioning of power reactors and the

entire fuel cycle from mining, through enriching and fabrication of fuel to management of

waste

Use of radioactive material of equipment that generates radiation at research laboratories,

universities and manufacturing facilities Mining of naturally radioactive material



Transport of nuclear materials and radioactive sources

Usage means:

Notification (no or very small health and safety risk)

Authorization (significant safety and health risk)

Licensing process:

Guidance from the Regulatory Authority

Application prepared by licensee

Assessment by the Regulatory Authority

Issue of the license

End of or revoke of the license

Stages of licensing according to Polish Atomic Act:

Administrative process:

Specification of the location (wskazanie

lokalizacji)

Establishment of the location (ustalenie

lokalizacji)

Fundamental decision

Building permission

Occupancy permission

Regulatory process:

Preliminary assessment of the site

Localization assessment report

Preliminary safety report

Construction license

Nuclear facility commissioning program

Commissioning license

Operate license

2 Approaches for licensing process:

Traditional:

Site authorization

Construction authorization

Commissioning authorization

Operation authorization

Note: High regulatory risk

New approach:

Site and design assessment

Construction and operation license (COL)

Commissioning permission

Operation permission

Note: low regulatory risk

License for:

Construction (24 months for decision)

Commissioning (9 months)

Operation (6 months)

Decommissioning (9 months)

License can be suspended, modified or revoked. It can be review. Every nuclear facility can be

subjected to inspection.

Investor needs to prove:

Coverage of future disaster costs



Coverage of construction costs

Fulfillment of all the administrative and regulatory prerequisites

Possession of qualified staff

Chapter 4: Radiation protection

Radiation protection – all the measures taken to ensure that any organism exposed to radiation will

not suffer negative consequences. Any activity involving living organisms are subjected to licensing.

Interventions – reducing exposures due emergency situations

Practices – exposures due to nuclear related activities: radiation sources contact, energy generation,

mining. (expected, normal, typical)

Each exposure has to be: justified and minimalized.

Dose limits:

1 mSv – class B workers in normal conditions

6 mSv – class A workers in normal conditions

100 mSv – volunteers approved by Regulatory Authority in property saving cases

500 mSv - volunteers approved by Regulatory Authority in life saving cases

Radiation which magnitude or likelihood to exposure cannot be controlled are excluded from

radiation protection (such as natural radiation).

Chapter 5: Sources of radiation and radioactive materials

Sources of radiation (radiation source – material that can cause exposure to radiation or release of

radioactive material):

Radioactive materials – they emit radiation through spontaneous decay in continuous

process. We can distinguish materials naturally radioactive and made radioactive (on

purpose or contaminated).

Equipment – specially design devices that generate radiation on demand and can be easily

switched off

Regulation concept:

Inventory of radiation sources

Control

Unlawful usage prevention

Identification of orphan source

Plan for accidents mitigation

Radiation sources regulations do not cover (listed below have their own regulations):

Naturally radioactive materials

Nuclear reactors

Transport of radiation sources



Radioactive ore

Fuel and waste

Regulatory supervision:

Licensing/authorization of activity Authorization of staff

Inventory

Chapter 6: Safety of nuclear facilities

Nuclear facilities – all facilities present in fuel cycle.

Nuclear safety – actions taken to prevent nuclear and radiation accidents or to limit their

consequences. This covers NPP, nuclear facilities, transportation and use and storage of nuclear

materials whatever the application is.

Objectives of the legislation:

General nuclear safety

Radiation protection

Technical safety – all measures are taken to prevent accidents and mitigate their

consequences

It does not cover:

Waste management

Mining and milling

Industry and medical applications

Power reactors

Regulatory body:

Provides framework and performs

supervision

His role is:

Reactive approach – ensure that

operator meets his obligations

Step by step licensing – control each

stage of the project from sitting to

decommissioning

Continuous control – prolongs and

renews the license, can conduct

inspection at any moment

Modification, suspension or revocation

of a license – has legal power

Operator:

Ensure safety and proves it to RB

The prime responsible for safety – both

technical and behavioral

His role is:

Management of safety – continuous

improvement of procedures and staff

qualifications, safety policy,

responsibility of managers, rigorous

approach to safety issues

Verification of safety – reviews, up to

date access to international experience

Management of radioactive wastes

Accident prevention

decommissioning

Chapter 7: Emergency preparedness and response



On-site actions:

detecting incidents likely to create an emergency situation,

keep them under control,

end them with as little damage as possible

Off-site actions:

Minimize radiation exposure of public and environment

National and transboundary emergency plans

Early Notification Convention and Assistance Convention

Chapter 8: Mining and milling

Mining – extraction of materials from underground deposits

Mining methods:

Open pit

Underground

in-situ leaching

Potential risks:

Radon inhalation

Dust inhalation

Radiation Ingestion of radioactive material

Mining supervision

Mining perspective – Wyższy Urząd Górniczy

Radiation protection perspective – Państwowa Agencja Atomistyki

Regulation protect workers, environment and public against radiological hazards during whole life of

mine (prospecting, exploration, operation, decommissioning and rehabilitation of landscapes)

License should cover exploration, sitting, construction, operation, transport of material anddecommissioning

Specific issues:

Radiation protection and dosimetry

Ventilation

Water contamination

Air contamination

Waste

Landscape change



Chapter 9: transport of radioactive material

Transport of radioactive material – all operations involved in the movement of radioactive material:

design, manufacture, maintenance and repair of package, preparation, sending, loading, storage,

transfer, unloading

Class 7: Radioactive material

All (air, sea, land) means of transport are subjected to international agreements.

Chapter 10: Radioactive waste and spent fuel

Radioactive waste – radioactive material for which no further use is foreseen

Classifications:

Gaseous/ liquid/ solid (state)

Low/medium/high radioactive and sources (activity)

Medical, power industry, industry, agriculture (origin)

Any owner and any person handling radioactive waste is subjected to license. As well as sitting,

designing, constructing and operation of waste management facilities.

Storage implies an intention to retrieve some components of waste. Disposal does not.

ZUOP – Zakład Utylizacji Odpadów Promieniotwórczych – body responsible for radioactive waste

management in Poland.

Chapter 11: Nuclear liability and coverage

Vienna Convention

Paris Convention

Joint Protocol

SDR – special drawing rights (3 SDR = 4 $ = 3 Euro)

Liability limit 300 mln SDR/per unit per accident (Vienna) or 700 mln Euro (Paris) for operator. All

above is paid by State

Do not cover medical applications and scientific or commercial use

Polish atomic act (Ustawa prawo atomowe)

Polish investment act (Ustawa o przygotowaniu i realizacji inwestycji w zakresie obiektów energetyki

jądrowej oraz inwestycji towarzyszących)

Chapter 12: Safeguards



Safeguards – measures preventing usage of nuclear material or technology to develop nuclear

weapons or other nuclear explosives devices (proliferation). It comprises of: Inventory, continuous

control and protection, inspection.

Treaty on the non-proliferation of nuclear weapons

Chapter 13: Export and import controls

Non-proliferation treaty and Convention on the physical protection of nuclear material

Ways of nuclear transfer:

State technology transfer (equipment, instruments, nuclear material), often technology,

information and assistance

Commercial transfer of technology

Intergovernmental arrangements (technical training programs)

Objectives:

Ensure basic safety of public and environment

Prevent unauthorized use

Prevent nuclear weapon development

Fulfill international agreements

Permission for transfer usually contains:

Destination place

Duration

Limitations

End user

Manufacturer

Subject of use

Issues:

Inspection and monitoring

Enforcement

Illicit trafficking

Chapter 14: Physical protection

Physical protection – protection against sabotage, steal, terrorist purpose usage and mitigate the

consequences (unauthorized removal/acquisition of nuclear material in use or storage and

transport). Also measures to recover stolen or lost nuclear material. It is internal matter of State.

Convention on the physical protection of nuclear material (transport, high security level, co-

operation, prosecution

Fundamental principles:



Responsibility of the State

Responsibility during international transport

Legislative and regulatory framework

Competent authority

Responsibility of license holders

Security culture

Threat

Generic approach

Defense in depth

Quality assurance

Contingency plans

Confidentiality

Key elements:

Assessment of the threat

Governmental organization for physical protection

Authorization through licensing or permits

Inspection and quality assurance

Enforcement

nuclear law

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