Legal Frames For Nuclear Power I ML - Lecture 1 2

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
Page 2
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:
Page 4
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:
Page 5
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.
Page 6
The draft agenda of the lecture
Lecture 1
Lecture 2
Introduction
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
Page 7
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
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
Page 8
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
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?
Page 9
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: przemyslaw.zydak@pl.ey.com; pzydak@gmail.com

Tel: +48 519 511 526
Feel free to contact do not abuse!
Any questions?
Page 10
List of students
First Name
Family name
Number
First Name
12
13
14
15
16
17
18
19
20
10
21
Family name
11
Why nuclear?
Page 11
Areas of interests in nuclear?
Number
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?
Page 13
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.
Page 14
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
Page 15
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
Page 16
Recommendations designed to assist persons and

organizations in meeting the legal requirements
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
Page 17
Nuclear law vs. non-nuclear laws
Relationship to non-nuclear laws
Page 18
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:
Page 19
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:
Page 20
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
Windscale (UK) October 1958,
Page 21
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
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
Page 22
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
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 ....
Page 23
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.
Page 24
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)
Page 25
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:
Activities:
Page 26
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

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
Page 27
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)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
Page 29
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
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
Page 30
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.
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.
Page 31
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.
Page 32
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!
Page 33
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).
Page 34
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.
Page 35
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.
Page 36
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.
Page 37
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.
Page 38
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.
Page 39
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.
Page 40

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Legal Frames for Nuclear Power I

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

Principles of Nuclear Law

Legal Frames for Nuclear Power I - Lecture 1

Introduction the lecture

The name: Legal Frames for Nuclear Power I

Aims of the lecture:

General awareness of different areas of nuclear law

Legal Frames for Nuclear Power I - Lecture 1

Introduction the lecture

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

Introduction organisational issues

Recording - please share it with me!

It will be made available

Legal Frames for Nuclear Power I - Lecture 1

The draft agenda of the lecture

The regulatory body (Chapter 2 of the Handbook)

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

The draft agenda of the lecture (cont.)

Safeguards (Chapter 12 of the Handbook)

Mining and milling (Chapter 8 of the Handbook)

Nuclear liability and coverage (Chapter 11 of the Handbook)

Promotion of nuclear energy and support systems

Introduction the schedule

1st lecture (4h)

Legal Frames for Nuclear Power I - Lecture 1

Introduction the lecturer

dr in. Przemysaw ydak

email: przemyslaw.zydak@pl.ey.com; pzydak@gmail.com

Legal Frames for Nuclear Power I - Lecture 1

Areas of interests in nuclear?

Legal Frames for Nuclear Power I - Lecture 1

Basic information about nuclear law

Legal frames of nuclear power nuclear law

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 first: a body of special legal norms

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

Legal Frames for Nuclear Power I - Lecture 1

Areas of nuclear regulations

Non-proliferation, physical protection and nuclear liability

Sources of radiation and radioactive material

Promotion of nuclear energy and support systems

Legal Frames for Nuclear Power I - Lecture 1

Laws enacted by a parliament in order to establish other

Establishes the basic institutional and legal structure governing

Detailed and often highly technical rules to control or regulate

Non-mandatory guidance instruments

Recommendations designed to assist persons and

Law making process

Assessment of nuclear programmes and plans

Assessment of laws and the regulatory framework

Legal Frames for Nuclear Power I - Lecture 1

Nuclear law vs. non-nuclear laws

Relationship to non-nuclear laws

Local land use controls;

Legal Frames for Nuclear Power I - Lecture 1

Reflecting international conventions or treaties in national

Incorporating international guidance documents or foreign

Prohibition for incorporation of external requirements

Availability of external requirements/documents

Legal Frames for Nuclear Power I - Lecture 1