15th Pacific Basin Nuclear Conference, Sydney, 2006

Nuclear Regulatory Decision Making

The Australian Context

John LoyCEO

Australian Radiation Protection and Nuclear Safety Agency

15th Pacific Basin Nuclear Conference, Sydney, 2006

Summary

• Legislative Framework• International Best Practice in relation to

Radiation Protection and Nuclear Safety• Accountability and Transparency• The OPAL decisions• Regulatory Effectiveness• Some thoughts for the future

15th Pacific Basin Nuclear Conference, Sydney, 2006

Legislative Framework

• ARPANS Act prohibits controlled persons from conducts with nuclear installations

– Unless authorised by a licence issued by CEO

• Conducts – prepare a site, construct, operate, decommission

• Licence application includes information requested by CEO

• CEO must ‘take into account’ certain matters

15th Pacific Basin Nuclear Conference, Sydney, 2006

International Best Practice

• ARPANS Act requires the CEO to ‘take into account’ IBP in RP&NS

• Discussed in OPAL decisions and Federal Court

• Highest level – Conventions, international Codes of Conduct, Safety Fundamentals, ICRP Recommendations

15th Pacific Basin Nuclear Conference, Sydney, 2006

International Best Practice (2)

• The framework of IAEA safety standards– Noting WENRA approach– Includes standards re the management

system

• Also international technical standards

• And best PRACTICE

15th Pacific Basin Nuclear Conference, Sydney, 2006

Accountability & Transparency

• Effective Independence– Established by the Act and regulations

• Quarterly and annual reports to Parliament

• Parliamentary committees

15th Pacific Basin Nuclear Conference, Sydney, 2006

Accountability & Transparency (2)

• Licence applications for nuclear installations require call for public submissions

– Content of public submissions must be taken into account by the CEO

• Making the application and supporting material public

– Transparency and security

• Public forums – questioning by panel• Statement of Reasons

15th Pacific Basin Nuclear Conference, Sydney, 2006

The OPAL Decisions (1)

• Application to ‘prepare a site’– Received April 1999; granted September 1999– Overlap with EIS process

• Application to ‘construct’– Received May 2001; granted April 2002

• Licence condition required approval for manufacture, installation of SSCs with significant implications for safety (>130 RFAs)

15th Pacific Basin Nuclear Conference, Sydney, 2006

The OPAL Decisions (2)

• Application to ‘operate’– Received September 2004; granted July 2006

• Public issues: management of spent fuel and waste; physical security; emergency planning; net benefit; nuclear non proliferation

• Licence conditions: periodic safety reviews; safety culture

• Presently in hot commissioning

15th Pacific Basin Nuclear Conference, Sydney, 2006

Regulatory effectiveness

• Response to the Act and regulations– Statement of Reasons

• Regulatory oversight– Third party reviews limit potential ‘groupthink’– Safety features– Emphasis on ANSTO ownership– Progress with waste management– Physical security

• Basis for risk informed ongoing oversight

15th Pacific Basin Nuclear Conference, Sydney, 2006

Some thoughts for the future

• A single national nuclear regulator: nuclear safety; radiation protection; environment assessment; safeguards?

• Retain ‘international best practice in relation to radiation protection and nuclear safety’

• Formalise process for public involvement