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Annex 1. Survey on Long-Term/Extended/Continued Operation of Nuclear Power and Research Reactors

Before the “Survey on long-term/extended/continued operation of nuclear power and/or research reactors” was sent to the NEA Nuclear Law Committee (NLC) for response, it benefited from two rounds of review and comments by members of the NEA Working Party on the Legal Aspects of Nuclear Safety (WPLANS). This process ensured that the survey fully captured the different processes, concerns and issues faced by NEA member countries. Such a comprehensive approach endeavoured to address all of the possible legal and regulatory situations in NEA member countries. The final, 10-page survey contained 55 questions in 5 sections, each of which is addressed in detail below:

•basic information;

•basic authorisation information;

•substantive authorisation information;

•public participation in authorisations of long-term/extended/continued operation;

•legal challenges to authorisations of long-term/extended/continued operation.

Basic information

The purpose of the basic information section is to understand the national context for each survey response, as well to collect up-to-date background information related to long-term operation (LTO). The questions in this section focus on the number of nuclear power reactors operating and under construction in participating countries, as well as on the age of the operating reactors. In addition, the survey requested information on how many reactors are operating past their original term of authorisation or design, and how many are entering the period of LTO in four specific time periods.

Basic authorisation information

The purpose of the basic authorisation information section is to obtain clear answers on terminology and background information to determine whether enough commonalities exist to gain consensus on the use of LTO-related terminology. The questions in this section focus on determining the type of term used for the initial authorisation for nuclear power reactors; clarifying certain information to determine if uniform terminology can be used to refer to both the process of extending the term of authorisation or design of a nuclear power reactor, as well as the period of operation after such extension; and understanding which governmental or regulatory body is responsible for reviewing and issuing authorisations for LTO.

Substantive authorisation information

The purpose of the substantive authorisation information section is to understand in detail the laws, regulations and procedures for LTO, as well as to compile standard information so as to compare and contrast the different approaches. The questions in this section focus on

WPLANS SURVEY

application and review deadlines; the scope of the safety and environmental reviews; requirements for environmental reviews; requirements for transboundary notification and consultation; documents submitted and generated by both the applicant and reviewing authority; whether authorisations can be subsequently renewed or extended; and whether new safety requirements can be imposed.

Public participation in authorisations of long-term operation

The purpose of the public participation section is to gain clarity on the policies, processes and procedures for public participation in the LTO-approval process, if any, and to determine the potential differences between what is required by law and/or regulation compared to what is done in practice. Accordingly, the questions in this section mainly focus on whether public participation is allowed or even required by the decision-making authority or by the licensee as part of the authorisation process; the type and scope of participation allowed; the existence and scope of a legal duty to provide information; and the nature of the safety or the environmental information to be provided to the public during the authorisation process.

Legal challenges to authorisations of long-term operation

Finally, the purpose of the legal challenges section is to understand whether and/or how challenges can be raised in relation to LTO authorisation decisions. The questions in this section focus on the possibility to allow for such challenges; whether such challenges have previously been raised; and the types and features of the procedures for challenges in participating countries (e.g. whether it is an administrative or civil procedure, rules regarding the standing, time frames for challenges, before which bodies challenges are raised, the nature of the appeals process).

WPLANS SURVEY

Survey summary

This survey is intended to obtain information related to Intermediate Output Result 1.1, “Legal Framework for Long-Term Operation” in the 2017-2018 WPLANS Programme of Work [NEA/NLC/WPLANS(2017)2]. As explained in that document, while high-level comparative work has been done in this area, more detailed analysis of the legal frameworks for authorising longterm operation (LTO), with an emphasis on understanding the scope of the authorisation reviews, would be beneficial.

This survey is intended to compile information and identify commonalities and differences in the legal frameworks for authorising LTO in NEA member countries. As explained in the [NLC?] Programme of Work, specific areas of study, among others, are:

•primary legal documents detailing the legal framework;

•scope of the safety and environmental assessment for authorising LTO, with a comparison to initial licensing reviews;

•ability to impose new safety and environmental requirements;

•public participation in safety and environmental issues;

•legal challenges to safety and environmental issues.

Cover page

Respondent(s): The individual(s) listed as “Respondent(s)” will be the NEA Secretariat’s point(s) of contact for any questions.

Subject of responses: The survey is intended to cover both nuclear power reactors and research reactors. Each section of the survey first asks questions related to nuclear power reactors. The second to last question in each section asks whether any of the above information is different for research reactors. If the information in your responses relates both to nuclear power reactors and research reactors in your country, you can check the “NO” box. If there are any differences, you can check the “YES” box and explain those differences in as little or as much detail as you would like.

Some countries, however, only have research reactors or would rather not respond regarding nuclear power reactors. To facilitate those countries’ responses, the option is provided to respond to the entire survey as if the main questions were asked regarding research reactors. For example:

•Question 6: “What are the main laws/regulations/documents governing initial nuclear power reactor authorisations in your country?”

–The NEA Secretariat will understand your response to be to the question: What are the main laws/regulations/documents governing initial research reactor authorisations in your country?

•Question 14: “At what point in reactor life/by what date/by what period of time is the applicant/licensee required to request/apply for long-term/continued/extended operation?”

–The NEA Secretariat will understand your response to be to the question: At what point in research reactor life/by what date/by what period of time is the applicant/licensee required to request/apply for long-term/continued/extended operation?

Basic information

The objective in this first section is to get a general understanding of the status of nuclear power in each country. For any question where your country has no nuclear power reactors and/or no research reactors, put the number zero (“0”) in the box.

WPLANS SURVEY

Is any of the above public participation information different for research reactors? [Please tick the appropriate box.]

IF YES, PLEASE EXPLAIN:

Please provide any additional/clarifying information that might be useful for NEA member 36 countries.

If your answer is YES, is this a unique procedure specific to nuclear power? [Please tick the appropriate box.]

WPLANS SURVEY

IF YES, PLEASE EXPLAIN:

Please provide any additional/clarifying information that might be useful for NEA member

55countries.

ANSWER: