RK&M PRESERVATION APPROACHES AND MECHANISMS

5.10. Regulatory framework

As discussed in Section 3.3, RK&M preservation is a dynamic, diverse and context-dependent issue that does not easily lend itself to being translated into tight rules. Nevertheless, a regulatory framework is a necessary approach within a systemic RK&M preservation strategy. RK&M preservation does not “happen by itself”; RK&M loss does. National regulation should equip actors with concepts and guidelines that are clear enough, not only to initiate action and planning today and over time, but also to enable compliance review and enforcement mechanisms. It is hoped that the findings and the proposed mechanisms of the RK&M initiative can offer inspiration in this regard.

A national regulatory framework can, at minimum, include guidelines related to archiving records. The preservation of knowledge and memory are more difficult to regulate directly, but are just as important. Therefore, a national regulatory framework would also include the preparation and implementation of RK&M preservation mechanisms complementary to archiving, such as developing a key information file (KIF), land use control, monitoring, information dissemination activities, markers, etc. The regulatory framework can thus stipulate RK&M products as well as processes. By applying life cycle thinking, RK&M preservation regulation should go beyond short-term, operational requirements alone and proactively focus on the period after closure too. While developing this mechanism and controlling its efficacy is a key responsibility of national nuclear regulators, other regulatory fields, actors and levels (local, regional and international) are also involved. It also needs to be noted that regulation relevant to RK&M preservation comes from multiple sources and relates to multiple fields (not only the nuclear field and regulator), including environmental protection, spatial planning, safety, security, heritage preservation and archiving. A national regulatory framework should moreover be in line with international regulations, but adapted to the national context.

Nuclear safeguards were identified as a particular mechanism that may contribute to a systemic RK&M preservation strategy. Safeguards are the institutional controls to verify compliance with the international treaty on the non-proliferation of nuclear weapons (NPT) and, where relevant, the European Euratom treaty. In the context of disposal of radioactive waste, safeguard measures refer to having clear information about the fissile material content of the repository, verifying this information over time and monitoring the disposal sites with the aim of making sure that no malevolent use of the technology or material occurs. There is no specific time limit concerning how long safeguard measures should continue. Previous IAEA guidance states that the termination of safeguards will be determined based on when the nuclear material subject to safeguards has been consumed, diluted, or has become practicably irrecoverable (IAEA, 1972). The current IAEA guidance related to geological disposal states that safeguards will continue after repository closure. The safeguards principles applied during the operational phase would continue after closure for as long as the repository remains under safeguards, i.e. for as long as the NPT is in force (IAEA, 2010).

Safeguards address only a subset of RK&M preservation. They only focus on fissile material and on human intrusion, not on supporting informed decision making about repositories and their content in general; perhaps quite the contrary. Because of its security-related nature, the information collected under safeguards agreements is generally kept confidential. Nevertheless, it is an established international regulatory mechanism that includes activities that overlap with RK&M preservation, such as record keeping, record verification over time and knowledge transfer. Above all, regulatory guidance and supervision should support a systemic approach to RK&M preservation, as will be further explained in the next chapter.

RK&M PRESERVATION APPROACHES AND MECHANISMS

Table 5.9. Regulatory framework: Mechanisms overview table

Regulatory framework

Note: This table shows the mechanisms – with a profile of their key characteristics – that belong to the RK&M preservation approach presented in this section. The full descriptions of the individual mechanisms follow, in a comprehensive, structured and standardised format, in Annex 2.2. The rows in this table are derived from those description sheets. For a full explanation of the descriptors, please see Annex 2.1.

5.11. References

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RK&M PRESERVATION APPROACHES AND MECHANISMS

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