II-1II. Situation regarding Nuclear Safety Regulations and Other Regulatory Frameworks in JapanBefore the AccidentThis Chapter provides an overview of the legislative and regulatory framework for nuclearsafety and nuclear emergency preparedness and responses.1. Legislative and regulatory framework for nuclear safety(1) Main laws and regulationsIn the legislative framework for nuclear safety in Japan, in respect of the standards of IAEA,under the Atomic Energy Basic Act (Act No. 186 of 1955), which is at the top of the framework and defines basic philosophy for utilization of nuclear energy, the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors (Act No. 166 of 1957; hereinafter
referred to as the “
Reactor Regulation Act
”)
which provides for safety regulation by theGovernment and obligations of the operators, the Law for Prevention of Radiation Hazardsdue to Radioisotopes, etc., the Electricity Business Act, and the Act on Special MeasuresConcerning Nuclear Emergency, among others, have been put in place (Figure II-1-1). Otherthan these, the Nuclear Safety Commission
(hereinafter referred to as “
the
NSC Japan”)
developed the guidelines to be used in the evaluationof the safety review and assessmentconducted by the regulatory authority. These guidelines are also used when the regulatoryauthority conducts safetyreview and assessment, for the efficiency and facilitation of safetyreviews and assessment by the Government (Table II-1-1).As for dose limits, etc. for occupational exposure, etc., pursuant to the Law for TechnicalStandards of Radiation Hazards Prevention (Act No. 162 of 1958), the Radiation ReviewCouncil established in the Ministry of Education, Culture, Sports, Science and Technology
(hereinafter referred to as “MEXT”
) is to discuss the introduction to Japan of the InternationalCommission on Radiological Protection (ICRP)
’s
recommendations and to state its views on thepolicy of relevant Ministries and Agencies on the adoption of the recommendations.Furthermore,if technical standards concerning the prevention of radiation hazards provided for in the lawsand regulations such as dose limits to radiation workers are to be established, the governmentagency having jurisdiction of the laws and regulations in question must consult the RadiationReview Council established in MEXT.1) The Atomic Energy Basic Act
II-2The Atomic Energy Basic Act prescribes the basic policy of the utilization of nuclear energyas follows:
“
the research, development and utilization of nuclear energy shall be limited topeaceful purposes, shall aim at ensuring safety, and shall be performed independently underdemocratic administration, and the results obtained shall be made public so as to activelycontribute to international cooperation.
”
2)The Reactor Regulation ActThe Reactor Regulation Act stipulates, for commercial power reactors, The procedures forsafety regulation and the licensing criteria for the permission of establishment of a reactor,approval of operational safety regulations, Operational Safety Inspection anddecommissioning of a reactor, among others, as regulations necessary for the establishmentand operation of a reactor. The act also provides for dispositions such as suspension of operation and license revocation and criminal punishment including imprisonment and fine.The Ministerial Ordinances and other regulations established under the Reactor Regulation
Act are the “
Rules for Commercial Nuclear Power Reactors concerning the Installation,
Operation, etc.” and the “
Notice on
Dose Limits”
.3)The Electricity Business ActThe Electricity Business Act, which is applied not only to nuclear power generation but alsoto thermal and hydraulic power generation, is an act that comprehensively regulates theelectricity business in Japan, and provides for the procedures for safety regulation includingapproval of design and construction method, pre-service inspection and facility periodicinspection for commercial power reactors.The Ministeral Ordinances and other regulations which are established under the ElectricityBusiness Act and are related with the safety regulation of nuclear installation are the Rulesfor the Electricity Business, the Ordinance of Establishing Technical Requirements forNuclear Power Generation
”
the Ordinance of Establishing Technical Requirements onNuclear Fuel Material for Power Generation and the Technical Requirements on DoseEquivalent, etc. due to Radiation Relating to Nuclear Power Generation Equipment.(2) Licensing system
II-31) Licensing systema. In establishing a commercial nuclear reactor, one must receive a license by the Minister of Economy, Trade and Industry in accordance with the provisions of the Reactor RegulationAct. When the Minister of Economy, Trade and Industry grants alicense, he/she must hearthe views of the NSC Japan onthe technical competence of establishingand correctlyimplementing the operationof a reactor, and on whether there is no problem in
reactor’s
emergency response.b. A person who has obtained the license for reactor establishment(hereinafter referred to as
the “
licensee of reactor operation
”)
must obtain an approval from the Minister of Economy,Trade and Industry on the construction plan prior to construction based on the provisions of the Electricity Business Act.c. Regarding the fuel assembly to be loaded into the reactor, its design must be approved bythe Minister of Economy, Trade and Industry based on the provisions of the ElectricityBusiness Act.2)Inspection systema. In construction of a nuclear facility, the licensee of reactor operation must undergo andpass the pre-service inspection, which is conducted for each construction process by theMinister of Economy, Trade and Industry, based on the provisions of the ElectricityBusiness Act.b. The fuel assembly to be loaded into the reactor must undergo and pass the fuel assemblyinspection conductedby the Minister of Economy, Trade and Industry, based on theprovisions of the Electricity Business Act.c. Aftercommissioning, the licensee of reactor operation must undergo the periodic inspectionconducted by the Minister of Economy, Trade and Industry on the pre-determinedcomponents that are important in terms of safety.d. As to the operational safety of the operating facilities, the licensee of reactor operationmust undergo the Operational Safety Inspection conducted by Nuclear Safety Inspector of
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