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to be finally shut down and must be decommissioned.
Article L. 593-26 of the Environment Code states that
until the decommissioning decree comes into force, the
facility remains governedby the provisions of its Creation
Authorisation Decree and the ASN prescriptions, which
may be added to or modified if necessary.
Article L. 593-28 of the version of the Environment Code
subsequent to the TECVAct, states that decommissioning
of a nuclear facilitymust be prescribed by a decree, issued
on the advice of ASN. The decommissioning file presented
by the licensee undergoes the same consultations and
inquiries as those applicable to aBNI creationauthorisation
application and in accordancewith the same procedures.
This same article stipulates that the decommissioning
decree in particular determines the characteristics of
decommissioning, its completiondeadline and, asnecessary,
the operations under the responsibility of the licensee after
decommissioning.
Finally, Article L. 593-28 provides for the possibility of
decommissioning a part of a BNI.
ASN has detailed the regulatory framework for BNI
decommissioningoperations inGuideNo.6,which results
fromextensivework toclarify the administrativeprocedures
whileatthesametimeimprovingtheextenttowhichnuclear
safety and radiation protection are taken into account.
Installation delicensing
Following decommissioning, a nuclear installation can
be delicensed. It is then removed from the BNI list and
is no longer subject to the BNI system. To support its
delicensing application, the licensee must provide a
dossier demonstrating that the envisaged final state has
indeed been reached and describing the state of the site
after decommissioning (analysis of the state of the soil
and remaining buildings or equipment, etc.). Depending
on the final state reached, institutional controls may be
implemented, according to the intended subsequent use
of the site and buildings. These may contain a certain
number of restrictions onuse (tobe usedonly for industrial
applications for example) or precautionary measures
(radiological measurements to be taken in the event of
excavation, etc.). ASN can make the application of such
institutional controls a prerequisite for delicensing.
3.5.3 The financing of decommissioning
and radioactive waste management
Sections 1 and 2 of Chapter IV of Title IX of Book V of the
Environment Code (previously Article 20 of the “Waste
Act”) create an arrangement for ring-fencing funds to
meet the costs of decommissioning nuclear facilities and
managing radioactive waste (see chapter 15, point 1.4).
These arrangements are clarified by Decree 2007-243 of
23rd February 2007 concerning the secure financing of
nuclear costs, modified by Decree 2013-678 of 24th July
2012 and the Order of 21st March 2007 concerning the
secure financing of nuclear costs. The legal systemcreated
by these texts aims to secure the financing of nuclear
costs, through implementation of the “polluter-pays”
principle. It is therefore up to the nuclear licensees to
ensure this financing, by setting up a portfolio of assets
dedicated to the expected costs. This is done under the
direct control of the State, which analyses the situation
of the licensees and can prescribe measures should it be
seen to be insufficient or inadequate. In any case, the
nuclear licensees remain responsible for the satisfactory
financing of their long-term costs.
It stipulates that the licensees must make a prudent
assessment of the cost of decommissioning their
installations or, for radioactivewaste disposal installations,
their final shutdown, maintenance andmonitoring costs.
They also evaluate the cost of managing their spent fuel
and radioactive waste, according to Article L. 594-1
of the Environment Code. Pursuant to the Decree of
23rd February 2007, ASN issues an opinion on the
consistency of the decommissioning and spent fuel and
radioactive wastemanagement strategy presented by the
licensee with regard to nuclear safety.
From among the assets liable to be accepted to cover the
provisions for the costs mentioned in Article L. 594-1 of
the Environment Code (decommissioning of facilities,
final shutdown, maintenance and monitoring costs,
spent fuel and radioactive waste management costs),
the Decree of 24th July 2013 identifies those which are
mentioned by the provisions of the Insurance Code and
thosewhich are specific to the licensees of nuclear facilities.
It makes certain types of debts acceptable (notably certain
medium-termnegotiable bonds and securitisationmutual
funds) and, in certain conditions, unquoted stock; as a
result of this extension, it more specifically clarifies the
exclusion criteria for unquoted intra-group stock. It sets
the maximumvalue of the assets within a given category
or from the same issuer and determines new ceilings for
assets that have become acceptable.
3.6 Particular requirements
for pressure equipment
PressureequipmentissubjecttotheprovisionsofChapterVII
of Title V of Book V of the Environment Code, resulting
fromAct 2013-619 of 16th July 2013 comprising various
provisions to adapt to European Union law in the field of
sustainable development.
Most of the provisionswith regard to pressure equipment
of Decree 2015-799 of 1st July 2015 concerning products
and equipment entailing a risk, which sets the procedures
for application of this Chapter VII, will come into force
on 19th July 2016. Until that date, the regulatory
provisions in force are those defined by Decree 99-1046
of 13th December 1999 concerning pressure equipment
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CHAPTER 03:
REGULATIONS
ASN report on the state of nuclear safety and radiation protection in France in 2015