1 ESTABLISHMENT OF REQUIREMENTS Module “National legislation and licensing” Project BG/04/B/F/PP , Program “Leonardo da Vinci”

2 Project BG/04/B/F/PP , Program "Leonardo da Vinci" Contents 3.1Responsibilities of state/government and institutions for decommissioning activities 3.2 Legislation/Legal infrastructure 3.3 Basic normative documents/Laws and regulations 3.4Establishment of licensing process

3 Project BG/04/B/F/PP , Program "Leonardo da Vinci" Training objectives Upon completion of training trainees should be able to: 1.Describe the IAEA and EU requirements concerning regulations for establishment of national legislation and regulatory framework on decommissioning. 2.Describe the responsibilities of the /government, regulator, the organizations generating wastes and operators of facilities for RAW management, public and environment protection (i.e.: for safety during decommissioning activities). 3.Classify the national legislation/normative documents: (laws, regulations, rules, etc.) related to decommissioning activities. 4.Describe the requirements of relevant national laws (for example: Act of Safe Use of Nuclear Energy, Health Law, Law for environment protection) related to decommissioning activities. 5.List the normative documents/rules and regulations in the area of environment protection.

4 Project BG/04/B/F/PP , Program "Leonardo da Vinci" The general legal and infrastructure responsibilities with respect to all matters concerning nuclear activities are provided in: IAEA, Legal and Governmental Infrastructure for Nuclear, Radiation, Radioactive Waste and Transport Safety, Safety Series No. GS-R-1, IАЕА, Vienna (2000). a) To create normative base b) To create organizations for state regulation c) to specify the responsibilities of the institutions and organizations that operate nuclear facilities, as well as of those, generating wastes. 3.1 Responsibilities of state/government and institutions for decommissioning activities

5 Project BG/04/B/F/PP , Program "Leonardo da Vinci" a) To create the normative base The legislative system has to ensure: That the main criteria in the area of nuclear safety, radiation protection and environmental protection are met The regulation system, including the licensing process or another type of certification The level required of the corporate control Opportunities to meet safety requirements ……….. Responsibilities of state/government and institutions for decommissioning activities

6 Project BG/04/B/F/PP , Program "Leonardo da Vinci" The legislative system has to ensure (cont.): ……….. Specifying and qualifying of radioactive wastes Quality assurance Work with documentation and reports Emergency planning Adequate information for the public and organization of public discussions Responsibilities of state/government and institutions for decommissioning activities

7 Project BG/04/B/F/PP , Program "Leonardo da Vinci" b) To create state regulatory organizations The regulatory body shall have the authority: (1) to develop safety principles and criteria; (2) to establish regulations and issue guidance; (3) to require any operator to conduct a safety assessment;(4) to require that any operator provide it with any necessary information, including information from its suppliers, even if this information is proprietary; ………………… IAEA, Legal and Governmental Infrastructure for Nuclear, Radiation, Radioactive Waste and Transport Safety, Safety Series No. GS-R-1, IАЕА, Vienna (2000) Responsibilities of state/government and institutions for decommissioning activities

8 Project BG/04/B/F/PP , Program "Leonardo da Vinci" The regulatory body shall have the authority: …………………. (5) to issue, amend, suspend or revoke authorizations and to set conditions; (6) to require an operator to perform a systematic safety reassessment or a periodic safety review over the lifetime of facilities; (7) to enter a site or facility at any time to carry out an inspection. IAEA, Legal and Governmental Infrastructure for Nuclear, Radiation, Radioactive Waste and Transport Safety, Safety Series No. GS-R-1, IАЕА, Vienna (2000) Responsibilities of state/government and institutions for decommissioning activities

9 Project BG/04/B/F/PP , Program "Leonardo da Vinci" Responsibilities of state/government and institutions for decommissioning activities c) to specify the responsibilities of the institutions and organizations that operate nuclear facilities, as well as of those, generating wastes The prime responsibility for safety shall be assigned to the operator.

10 Project BG/04/B/F/PP , Program "Leonardo da Vinci" Responsibilities of state/government and institutions for decommissioning activities The operator shall have the responsibility for ensuring safety in the sitting, design, construction, commissioning, operation, decommissioning, close-out or closure of its facilities, including, as appropriate, rehabilitation of contaminated areas; and for activities in which radioactive materials are used, transported or handled.

11 Project BG/04/B/F/PP , Program "Leonardo da Vinci" 3.2. Legislation/Legal infrastructure Hierarchy of documents in the Bulgarian legal and law system Constitution Laws Decrees of the government Enactments/regulations Manuals Internal rules

12 Project BG/04/B/F/PP , Program "Leonardo da Vinci" 3.3Basic normative documents/Laws and regulations The basic normative document in the sphere of the use of nuclear energy for peaceful purposes that includes the main requirements towards the management of radioactive wastes is The Act on the Safe Use of Nuclear Energy – SUNEA (promulgated SG, No..63, )

13 Project BG/04/B/F/PP , Program "Leonardo da Vinci" 3.3Basic normative documents/Laws and regulations Act on the Safe Use of Nuclear Energy SUNEA specifies the interrelations in the state regulations of the safe use of nuclear energy and ionizing radiation and of the safe management of the radioactive wastes and spent fuel, as well as the rights and obligations of the persons that implement these activities in order to ensure nuclear safety and the radiological protection.

14 Project BG/04/B/F/PP , Program "Leonardo da Vinci" The Safe Use of Nuclear Energy Act (SUNEA) In the sphere of decommissioning of nuclear power plants defines/specifies the requirements for: The licensing for decommissioning Issuance of special Regulation on decommissioning by the Council of Ministers Ensuring nuclear safety, radiation and physical protection Submission of a decommissioning plan Establishment of the Decommissioning fund, the financial sources, management and expenditure of the fund

15 Project BG/04/B/F/PP , Program "Leonardo da Vinci" The Safe Use of Nuclear Energy Act (SUNEA) In the sphere of RAW management the following requirements are specified: the fundamental notions in the realm of RAW management responsibilities in RAW management separation of competences between the state organizations the basic conditions for RAW management financing RAW management, including establishment of a state-owned fund “RAW management”

16 Project BG/04/B/F/PP , Program "Leonardo da Vinci" The Safe Use of Nuclear Energy Act (SUNEA) In the sphere of RAW management the following requirements are specified (cont.): establishing of a state-owned enterprise “Radioactive Wastes” regulations licensing / permissions for RAW management and transportation issuing of specialized regulations, adopted by the Council of Ministers

17 Project BG/04/B/F/PP , Program "Leonardo da Vinci" Other basic normative documents Environmental Protection Act (EPA),2002 –requires assessment of impacts on the environment from activities, concerning management of spent fuel and RAW. Health and Safe Conditions of Work Act

18 Project BG/04/B/F/PP , Program "Leonardo da Vinci" Other basic normative documents The Public Health Act, 2005 –specifies the public relations, concerning preservation of health of citizens, –determines personal ionizing irradiation protection measures as well as the issuance of regulations, related to health protection in case of consequences of iodizing irradiation

19 Project BG/04/B/F/PP , Program "Leonardo da Vinci" Initial documents, related to the decommissioning of NPP Kozloduy Units. Agreement between the Bulgarian government and the European commission for the final closure of Units 1 & 2 of NPP Kozloduy before 2003; A Decree of the Council of Ministers of the Republic of Bulgaria Nо 848 of December, 19th, December, 19th, Units 1 & 2 were disconnected from the grid on December 31st, 2002.

20 Project BG/04/B/F/PP , Program "Leonardo da Vinci" Regulations for the procedure for issuance of licenses and permits for safe use of nuclear power In compliance with SUNEA for decommissioning of a nuclear facility a permit from the NRA is required (art. 15, para. 4, it. 6, as well as art. 38, para. 1, it..2) The requirements of the regulations are related to varied and multi-scope in advance activities, that the license holder should implement. 3.4Establishment of licensing process

21 Project BG/04/B/F/PP , Program "Leonardo da Vinci" References 1.IAEA, Legal and governmental infrastructure for nuclear, radiation, radioactive waste and transport safety, Safety Series GS-R-1, Vienna, Act on the safe use of nuclear energy, Promulgated in the State Gazette No. 63 of June 28, “Regulation for the procedure for issuing licenses and permits for safe use of nuclear energy” (Decree of the Council of Ministers № 93, 04 May 2004, promulgated in State Gazette № 41, 2004)