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CLIs thepossibilityof beingheardby theASNCommission
before it gives its opinion.
The creationauthorisation for aBNI isdeliveredbyadecree
fromthePrimeMinister andcountersignedby theMinister
responsible for Nuclear Safety.
The CreationAuthorisationDecree (DAC) establishes the
perimeter and characteristics of the facility. It also specifies
the duration of the authorisation, if applicable, and the
installation commissioning deadline. It also specifies
the essential elements required to protect public health
and safety, or to protect nature and the environment.
The requirements defined by ASN for application
of the Creation Authorisation Decree
For applicationof theDAC, ASNdefines the requirements
regarding thedesign, constructionandoperationof theBNI
that it considers to be necessary for nuclear safety.
ASN defines the requirements regarding the BNI water
intakes and effluent discharges. The specific requirements
setting limitson the environmental discharges fromtheBNI
under construction or in operation are subject to approval
by the Minister responsible for Nuclear Safety.
3.3.4 Commissioning authorisation
Commissioning corresponds to the first utilisation of
radioactivematerials in the installationor the first operation
of a particle beam.
Prior to commissioning, the licensee sends ASNa dossier
comprising the updated safety analysis report of the
“as-built” installation, the general operating rules, awaste
management study, the on-site emergency plan and the
decommissioning plan.
After checking that the installation complies with the
objectives and rules specified in Chapter III of Title IX of
Book V of the Environment Code and its implementing
texts, ASN authorises commissioning of the installation
andcommunicates this decision to theMinister responsible
for Nuclear Safety and to the Prefect.
It also communicates it to the CLI.
3.3.5 BNI modifications
The BNI system, as modified by the TECV Act, makes
provision for two cases when dealing withmodifications
to the facility or its operating conditions:
•
“substantial” modifications to the facility (previously
“significant”modifications of the facility), its authorised
operating procedures or elements which led to its
authorisation, specified in Article L. 593-14 of the
Environment Code: thesemodifications are the subject
of a procedure similar to that of a creation authorisation
application in accordancewith the procedure specified
in Articles L. 593-7 to L. 593-12 of this same Code.
•
As the regulatory texts currently stand, amodification is
considered to be “substantial” in the casesmentioned in
Article31of theBNI ProceduresDecree of 2ndNovember
2007, that is:
-- a change in the nature of the installationor an increase
in its maximum capacity;
-- a modification of the key elements protecting the
interests mentioned in the first paragraph of Article
L. 593-1 of the Environment Code, which appear in
the authorisation decree;
-- the addition, within the perimeter of the facility, of a
new BNI, the operation of which is linked to that of
the facility in question.
•
The other modifications are “significant»modifications
to the installation, its authorised operating
procedures, elements which led to its authorisation
or its commissioning (they correspond to the former
modifications subject to “Article 26 notification” of
the BNI Procedures Decree of 2nd November 2007).
Depending on their importance, they require either
notification to ASN or authorisation by ASN under
the terms of Article L. 593-15 of the Environment
Code (the version resulting from the TECV Act). This
same Article states that these modifications may be
opened up for public consultation (public inquiry,
public participation specified in Article L. 120-1-1
via
the ASN website). Pending the update of the BNI
Procedures Decree of 2nd November 2007 which will
set criteria for differentiating between modifications
requiring authorisation and those requiring notification,
the “Article 26 notification” procedure of the BNI
Procedures Decree remains in force. In accordance with
this procedure, when a licensee envisages modifications
to its facility or its operating conditions that are not
considered to be substantial, it shall first of all notify
ASN of them. It cannot make the modifications until
a renewable period of at least six months has expired,
unless ASN gives its express agreement. If it so considers
necessary, ASNmay stipulate requirements so that the
envisagedmodifications are reviewed or accompanied
by additional measures to guarantee the protection
of the interests mentioned in the first paragraph of
Article L. 593-1 of the Environment Code.
General Operating Rules
The General Operating Rules (RGE) are the “highway code”
for nuclear reactors. They are drafted by the licensee and
assessed by ASN prior to commissioning of the reactor and
then each time a modification to the facility is liable to have
an impact on this documentary baseline. They constitute
an interface document between design and operation.
They determine a set of specific rules, for which compliance
guarantees that control of the reactor remains within the
range covered by the nuclear safety case.
UNDERSTAND
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CHAPTER 03:
REGULATIONS
ASN report on the state of nuclear safety and radiation protection in France in 2015