1. NUCLEAR ENERGY REGULATORY POLICY IN MALAYSIA
Nuclear Regulatory Infrastructure in Malaysia
NUCLEAR ENERGY REGULATORY POLICY IN MALAYSIA
Department of Atomic Energy Licensing Board
Ministry of Science, Technology and Innovation (MOSTI)
MALAYSIA
Safe, Secure and Safeguarded

2. OUTLINE OF PRESENTATION
Introduction of AELB
Act and Regulations
Function of AELB
NPP Planning
Current Licensing of Nuclear Material and Nuclear Installation
Legislation Development Towards Supporting NPP
Supervision of NPP: Inter-agency Involvement
Treaties, Convention and Agreement
Resources: Staffing
Human Resource Development Program
Infrastructure: Emergency Response Centre, and Monitoring Infrastructure
Conclusion

3. ATOMIC ENERGY LICENSING BOARD
Licensing Div
Nuclear Installation. Div
Policy, Codes & Standard Div
National Radiological Centre
Auditorium
Enforcement Div & ICT Centre
Source: Google Earth
ATOMIC ENERGY LICENSING BOARD

4. Nuclear Safety Infrastructures-Malaysia’s Initiatives under ANSN
AELB, ACT AND REGULATIONS
Main Act
Atomic Energy Licensing Board (AELB)
Atomic Energy Licensing Act 1984 (Act 304)
To provide for the regulation and control of atomic energy;
For the establishment of standards on liability for nuclear damage; and
For matters connected therewith or related thereto.
Ministry of Science, Technology & Innovation
(General Secretary)
Minister of Science, Technology & Innovation
Director General
AELB Department
Executive Secretary
Nuclear Installation Division
Policy, Code & Standard Division
Technical Support Division
Licensing Division
Enforcement Division
Administrative Services Division
Standing Safety Committee
Sub-standing Safety Committee
The Board
(5 Members)
Regulatory Body:
AELB was establish under Section 3 of the Act 304.
Ensuring safety, security and safeguarding peaceful nuclear activities.

5. BOARD FUNCTIONS MISSION
Encouraging innovation culture to ensure the safe and peaceful uses of radiation and nuclear technology
VISION
Remaining a relevant regulatory authority with credibility in radiation and nuclear safety, security and safeguarding its peaceful uses for national sustainable development
BOARD
FUNCTIONS
TO CONTROL AND
SUPERVISION APPLICATION
AND USE OF ATOMIC ENERGY
AND MATTERS
INCIDENTAL THERETO
(AKTA 304)
TO DO SUCH OTHER
THINGS ARISING OUT OF
OR CONSEQUENTIAL TO
THE FUNCTIONS OF THE
BOARD UNDER THIS ACT
TO ADVISE MINISTER
AND GOVERNMENT OF
MALAYSIA ON MATTERS
RELATING TO
THIS ACT
TO ESTABLISH, MAINTAIN
AND DEVELOP SCIENTIFIC
AND TECHNICAL
CO-OPERATION AT NATIONAL
AND INTERNATIONAL
LEVEL
TO PERFORM AN
OBLIGATIONS ARISING
FROM AGREEMENTS,
CONVENTION OR TREATIES
RELATING TO NUCLEAR
MATTERS OR ATOMIC
ENERGY

6. HIERARCHY OF LEGAL SYSTEM
Orders and Conditions
of License
Guidelines, Codes
and Standards
• Act: provides the basic law concerning the development and utilization of atomic energy and safety regulations.
Act 304
Regulations
• Regulations: provides more detailed provisions entrusted by the Act.
• Provides additional requirement which not stated in the regulations or special matters related to provisions entrusted by the Act
• Provides guides, codes and standards to comply with and achieve goal impose in regulations

7. NPP PLANNING
Cabinet decision on 26 June 2009: Nuclear Energy is an option of energy source for electricity generation post 2020
Preparation of National Nuclear Regulatory Policy
Strengthening Nuclear Regulatory Authority (AELB)
Development of technical guidelines related to NPP activities
Potential power operator engaged
Triga Mark II Puspati - upgrading project to enhance technical capability
NGOs engagement to support NPP
2 or 3 Universities engaging in Nuclear Engineering and Safety Courses
Sitting planning in the process
Reviewing the international conventions ensuring compliance to peaceful uses of nuclear energy

8. RADIATION PROTECTION (LICENSING) REGULATIONS 1986
LICENSE FOR NUCLEAR MATERIAL
CLASS B - license to manufacture, trade in, produce, process, purchase, own, possess, use, transfer, handle, sell or store nuclear material
Class B License
Organization
Technical Requirements
Radiation Safety
Registered company
OBTL
RPO
Radiation Workers
Approved Registered
Medical Practitioner
Nuclear material
Storage facility
Radiation detector
Personal monitoring
PPE
Radiation Protection Program
Safety Analysis Report (SAR)
Ref: P.U. (A) 149

9. RADIATION PROTECTION (LICENSING) REGULATIONS 1986
LICENSE FOR NUCLEAR INSTALATION
CLASS F - license to site, to construct or to operate a nuclear installation
● ● ● ● ● ●
siting construction commissioning operation shutdown decommissioning.
Class F License
Siting and construction
Operation
Temporary
Full
Ref: P.U. (A) 149

10. LEGISLATION DEVELOPMENT TOWARDS SUPPORTING NPP
LEGAL FRAMEWORK
2007
2008
2009
2010
2011 Q1 Q2 Q3 Q4
Projected Act 200_
Licensing Regulation 1986, Basic Safety Standard Regulation 1988, Transport Regulation 1989
Waste Management Regulation 2009, Nuclear Installation Licensing 2009, Safeguard Regulations 2010, Nuclear Security Regulations 2011
Inter-Agency Meeting with relevant Regulatory Authority (MHLG, EC, DOE, DOSH)
49 documents related to RR and NPP
Development of regulatory criteria, guidelines, standards for regulatory review of site assessment report
Development of regulatory criteria, guidelines, standards for regulatory review of design, construction and operation of NPP
MoU with BAPETEN, Indonesia (2008)
MoU with:
- CNCAN, Romania
- AEA, Hungary
- KINS, Korea
USA
UKM
Amendment of Act 304
Revision of Current Regulations
Development of New Regulations
Establishment of
Licensing Mechanism of NPP
Adoption of IAEA Standards
Bilateral Cooperation

11. CURRENT INITIATIVE ON LEGAL INFRASTRUCTURE
A comprehensive Atomic Energy Act is being reviewed (IAEA Standard) and AELB is discussing with various agencies in strengthening legal infrastructure of nuclear activities in Malaysia.
Anticipate to come out with a more comprehensive and effective act on nuclear activities e.g. CPPNM, AP, export control, compoundable offences or its criminalization etc.
Adoption of 49 IAEA Standards related to RR and NPP.
Developing more guidance documents for licensee.

12. LICENSING OF NPP : LEGISLATION MAP
Application for siting, construct and operate NPP for electricity generation
Energy Commission
DOE
DOSH
AELB
Electricity Supply Act 1990
Environmental Quality Act 1974
Occupational Safety and Health Act 1994, Factory and Machinery Act 1967, Petroleum Act 1984
Atomic Energy Licensing Board 1984
Non-nuclear Island
EIA & environmental management plan
Individual Certification (e.g. SHO)/ machine & equipment, pressure vessel and boiler
Nuclear Island
MHLG
Town Planning Act 1976
Fire Services Act 1988
License / Approval for land use and Enforcement

13. SUPERVISION OF NPP: INTER-AGENCY INVOLVEMENT
Atomic Energy Regulatory Aspect
AELB
Occupational Safety and Health Aspect
DOSH
Environmental Aspect
DOE
Local Authority & Public Participation
MHLG
National Coordinator for Disaster
NATIONAL SECURITY COUNCIL
Nuclear Energy Policy Aspect
ENERGY COMMISSION
ROYAL MALAYSIAN POLICE
Security Aspect

14. TREATIES, CONVENTION AND AGREEMENT
Title
In Force
Status
Agreement on the Privileges and Immunities of the IAEA -
Non-party
Vienna Convention on Civil Liability for Nuclear Damage
Optional Protocol Concerning the Compulsory Settlement of Disputes
Convention on the Physical Protection of Nuclear Material
Amendment to the Convention on the Physical Protection of Nuclear Material
Convention on Early Notification of a Nuclear Accident
2 October 1987
Signature: 1 September 1987
Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency
Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention
Convention on Nuclear Safety
Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management
Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage
Convention on Supplementary Compensation for Nuclear Damage
Revised Supplementary Agreement Concerning the Provision of Technical Assistance by the IAEA (RSA)
13 February 1981
Signature: 13 February 1981
Third Agreement to Extend the 1987 Regional Cooperative Agreement for Research, Development and Training Related to Nuclear Science and Technology (RCA)
26 March 2002
Acceptance: 26 March 2002
Application of Safeguards in Connection with the Treaty on Non-Proliferation of Nuclear Weapons (with Protocol)
29 February 1972
Signature: 29 February 1972

15. RESOURCES: CURRENT EXPERTISE AND STAFFING

16. RESOURCES: STAFFING Position 1984 – 2003 2003 - 2007 2007 – current
Full Strength
Occupied (till Nov. 2009)
On Application (2009)
Director General 1
Deputy Director General 2
Management and Professional Staff 20 51 43 46
Technical and Supporting Staff 41
111
113
103 36
Total 60
163
165
147 84

17. HUMAN RESOURCE DEVELOPMENT PROGRAM
Application of Strategic Approach to Training
Development and adoption of a guidance document for AELB Human Capital Program – LPTA/SPP/10 (14 Mac 2008)
Internal trainings
Certification Program for AELB Assessors and Inspectors.
Includes national policy and strategy on HCD

18. HUMAN RESOURCE DEVELOPMENT PROGRAM
External trainings – to ensure AELB is up-to date.
Starts with TNA in 2007 and followed by design, development and implementation in 2008 & Evaluation Stage will be in 2010.
“Computer Based Training / Evaluation” – for identified core competencies (Radiation Protection and Malaysian Nuclear Law).
10 trainings identified (based on 2007 TNA) planned in 2008 especially on critical knowledge areas.
2 seminar organized in 2008 for knowledge sharing among AELB officers. This will be an annual event (at least 2 seminars a year).

19. TNA OUTPUTS AND HRD PROGRAMME
Identification of Competency Standards for all AELB Technical Officers based on IAEA TecDoc 1254
Identification of Competency Gaps
A Training Master Plan for
Identification of Internal Trainers and Re-engineers
Identification of AELB Required 15 Technical Disciplines and Resource Persons
Revised Masters/PhD program for all AELB Technical Officers
Draft Development Plans for AELB 5 Job Disciplines

20. INFRASTRUCTURE FOR MONITORING OF 3’S’: SAFETY, SECURITY AND SAFEGUARDS
Illicit trafficking and border control
National Emergency Response Centre
- Incident
- Accident
- Sabotage
- Illicit trafficking
- Misused
Environmental radiation monitoring system 20

21. WAY FORWARD Independency of Regulatory Authority:
Amendment of current Act
Establishment of new Act
Ratification and implementation of relevant International Obligations
Public Confidence and Participation:
Public participation at the very beginning (outreach programme)
Provision under current Act 304 and projected Act 200_

22. Thank you