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Legal Frames for Nuclear Power I

ML.ANS700
Lecture no. 1
3 March 2015

Agenda

Introduction
Basic information about nuclear law

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

Principles of Nuclear Law

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Legal Frames for Nuclear Power I - Lecture 1

Introduction

Introduction – the lecture

Basic info:

Scope

The name: Legal Frames for Nuclear Power I
Number: ML.ANS700
Time: 15 hours
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:

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General awareness of different areas of nuclear law
Ability to look for detailed regulations in documents

Legal Frames for Nuclear Power I - Lecture 1

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:




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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!
Legal Frames for Nuclear Power I - Lecture 1

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.

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Legal Frames for Nuclear Power I - Lecture 1

The draft agenda of the lecture

Lecture 1


Lecture 2


Introduction
Basic information about nuclear law
Principles of Nuclear Law
Nuclear law and the legislative process (Chapter 1 of Handbook)

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


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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)
Legal Frames for Nuclear Power I - Lecture 1

The draft agenda of the lecture (cont.)

Lecture 4

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

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)

Nuclear liability and coverage (Chapter 11 of the Handbook)

Lecture 7

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Promotion of nuclear energy and support systems
Legal Frames for Nuclear Power I - Lecture 1

Introduction – the schedule

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






March 3rd
March 10th
March 17th
March 24th
March 31th
April 7th
April 14th

1st lecture (4h)
2nd lecture (4h)
3rd lecture (4h)
No lecture
5th lecture (2h)
No lecture
Test

Can we do 4h of lecture?
Changes possible – any propositions?

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Legal Frames for Nuclear Power I - Lecture 1

Introduction – the lecturer







dr inż. Przemysław Żydak
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: przemyslaw.zydak@pl.ey.com; pzydak@gmail.com
Tel: +48 519 511 526
Feel free to contact … do not abuse!
Any questions?

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Legal Frames for Nuclear Power I - Lecture 1

List of students
First Name

Family name

Number

First Name

1

12

2

13

3

14

4

15

5

16

6

17

7

18

8

19

9

20

10

21

Family name

11

Why nuclear?

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Areas of interests in nuclear?

Legal Frames for Nuclear Power I - Lecture 1

Number

Basic information about nuclear law

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…

Let’s talk about nuclear law with emphasis to nuclear energy, but not only.
Why do we talk about nuclear law?

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

Legal Frames for Nuclear Power I - Lecture 1

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 risk–benefit 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.

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Legal Frames for Nuclear Power I - Lecture 1

Areas of nuclear regulations

Safety

Radiation protection
Nuclear and radioactive safety



Non-proliferation, physical protection and nuclear liability



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
Safeguards
Export and import controls
Physical protection
Nuclear liability and coverage

Promotion of nuclear energy and support systems

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Legal Frames for Nuclear Power I - Lecture 1

Level of regulation

Constitutional 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

Establishes the basic institutional and legal structure governing
all relationships

Statutory level

General rules

Detailed and often highly technical rules to control or regulate
activities specified by statutory instruments

Non-mandatory guidance instruments

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Recommendations designed to assist persons and
organizations in meeting the legal requirements
Legal Frames for Nuclear Power I - Lecture 1

Very detailed
information

Law making process

Assessment of nuclear programmes and plans

Assessment of laws and the regulatory framework





Assess what for are you making/ updateing your nuclear law

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

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Legal Frames for Nuclear Power I - Lecture 1

Nuclear law vs. non-nuclear laws

Relationship to non-nuclear laws








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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.

Legal Frames for Nuclear Power I - Lecture 1

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:

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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’.
Legal Frames for Nuclear Power I - Lecture 1

Incorporating international guidance documents or foreign
law provisions into national legislation

Issues:

How international or foreign requirements will fit into a State’s legal structure.



Prohibition for incorporation of external requirements
Potentials inconsistencies or contradictions
Translation problems

Availability of external requirements/documents
Changes is external requirements

Solutions:

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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.

Legal Frames for Nuclear Power I - Lecture 1

History of nuclear regulations

Reactiveness to accidents:

Kyshtym (URSS) – September 1957, close to Chelyabinsk


Windscale (UK) – October 1958,



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Explosion due to uncontrolled heating up of tank with liquid radioactive wastes
Release of cloud of isotopes
Acknowledge by authorities in 1988 
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

Legal Frames for Nuclear Power I - Lecture 1

Some international acts of law

Nuclear liability


Nuclear Accidents

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)

Convention on Early Notification of Nuclear Accidents and on Assistance in the Case of a
Nuclear Accident or Radiological Emergency (1986)

Safety

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Joint Convention on Safety of Spent Fuel Management and on the Safety of Radioactive
Waste Management (1997)
Convention on Nuclear Safety (1994)

Legal Frames for Nuclear Power I - Lecture 1

Some international acts of law (cont.)

Physical Protection of Nuclear Material

Non-proliferation

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

Nuclear weapons


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

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 ....

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Legal Frames for Nuclear Power I - Lecture 1

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.

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Legal Frames for Nuclear Power I - Lecture 1

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)

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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
Legal Frames for Nuclear Power I - Lecture 1

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:


Activities:


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Safeguard and verification
Safety and security
Science and technology
Providing standards divided into: Safety Fundamentals, Safety Requirements and Safety Guides.
Produce safety reports, conduct inspections.

High influence but low power
Legal Frames for Nuclear Power I - Lecture 1

Institutions (cont.)

Nuclear Energy Agency (NEA)

Global Nuclear Energy Partnership (GNEP)

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
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

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Founded in 2001
In order to develop six new reactor technologies for use between 2020 and 2030.

Legal Frames for Nuclear Power I - Lecture 1

The principles of nuclear law

Principles of Nuclear Law

Basic concepts which are considered to by the fundamental principles of
nuclear regulations:
1)

2)
3)
4)
5)
6)
7)
8)

9)
10)
11)
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Safety principle
Security principle
Responsibility principle
Permission principle
Continuous control principle
Compensation principle
Sustainable development principle
Compliance principle
Independence principle
Transparency principle
International co-operation principle
Legal Frames for Nuclear Power I - Lecture 1

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

Protection principle

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

Precautionary principle

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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.

In the event that a balance cannot be achieved, the rules of nuclear law should require action
favouring protection.
Legal Frames for Nuclear Power I - Lecture 1

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.

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These measures must protect against both accidental and intentional diversion from the
legitimate uses of these materials and technologies.
Legal Frames for Nuclear Power I - Lecture 1

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.

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Legal Frames for Nuclear Power I - Lecture 1

Permission principle

In most national legal systems,

Nuclear law normally requires that prior permission be obtained for activities
involving fissionable material and radioisotopes.


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

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!

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Legal Frames for Nuclear Power I - Lecture 1

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).

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Legal Frames for Nuclear Power I - Lecture 1

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.

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Legal Frames for Nuclear Power I - Lecture 1

Sustainable development principle


Economic and social development can be ‘sustainable’ only if the world’s
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.

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Legal Frames for Nuclear Power I - Lecture 1

Compliance principle

Due to that:

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.

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

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.

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Legal Frames for Nuclear Power I - Lecture 1

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.

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Legal Frames for Nuclear Power I - Lecture 1

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.

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Legal Frames for Nuclear Power I - Lecture 1

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.

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Legal Frames for Nuclear Power I - Lecture 1