When an operator intends to build a new type of BNI, it is expected to present the relevant safety objectives and the main characteristics as early as possible, well before submitting its authorisation application.

The ASN generally asks the competent Advisory Committee (GP) to examine the project and then informs the operator of issues to be covered in its authorisation decree application.

This preparatory procedure in no way exempts the applicant from the subsequent regulatory examinations but simply facilitates them.

Submission of the plant authorisation application

The application for a BNI authorisation decree is sent to the ministers in charge of nuclear safety, who forward it to the other ministers concerned (Interior, Health, Agriculture, Town Planning, Transport, Labour, etc.). Each application file comprises a preliminary safety analysis report.

Processing of this application includes a public inquiry (unless the installation has already been through an enquiry prior to a declaration of public interest and is in conformity with the project subjected to this inquiry) and a technical assessment.

• Consultation of the public and the local authorities

The public inquiry is opened by the Prefect of the department where the installation is to be built. The documents submitted to the inquiry must notably include the authorisation application, specify the identity of the applicant, the purpose of the inquiry, the nature and basic characteristics of the installation and comprise a plan of it, a map of the region, a hazard analysis and an environmental impact assessment.

In addition to the prefecture concerned, a descriptive file and an inquiry register are made available in all communes¹ completely or partially within a 5 km radius around the planned installation. If this radius encompasses the territory of several departments, a joint order of the Prefects concerned organises the inquiry in each department, with the Prefect of the main site of the operation co-ordinating the procedure.

In accordance with general provisions in this respect, the public inquiry shall proceed for a minimum period of one month and a maximum period of two months, with the possibility of a two week extension in the event of a well-founded decision in this matter on the part of the Inquiry Commissioner. Furthermore, a specific provision introduced by decree 93-816 of 12 May 1993, enables the government to issue a decree to extend the BNI inquiry period by a maximum of one month.

The purpose of the inquiry is to inform the public and collect opinions, suggestions and counter-proposals, in such a way as to provide the competent authority with all the elements necessary for its own information. So any interested person, whatever his nationality or place of residence, is invited to express his opinion.

An Inquiry Commissioner (or an Inquiry Committee, depending on the nature or extent of the operations) is nominated by the President of the competent Administrative Court. He may receive any document, visit the site, arrange to meet all people wishing to make statements, organise public meetings and request extension of the inquiry period.

When the inquiry is over, he examines the observations of the public entered into the inquiry register or sent to him directly. Within the month following the end of the inquiry, he sends a report containing his recommendations to the Prefect.

The departmental or regional offices of the ministries concerned by the project are also consulted by the Prefect.

Finally, within a period of one month from the date on which the documents were submitted to him, the Prefect submits the report and conclusions of the Inquiry Commissioner, accompanied by his recommendation, and the results of the administrative conference, to the ministers in charge of nuclear safety.

¹ Smallest administrative subdivision administrated by a mayor and a municipal council.