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Energy Transition for Green Growth Act

N

ine years

after the TSN Act was passed on 13th June 2006, Act 2015-992

of 17th August 2015 on the Energy Transition for Geen Growth, known as

the “TECV Act”, marks a new step forward in nuclear legislation.

On the basis of the experience acquired with application of the framework

set up in 2006 and extensive work to harmonise practices across Europe,

to which France made a significant contribution, this supplements and consolidates this

framework, while strengthening the regulatory powers of ASN.

These adaptations to nuclear legislation come on the one hand from the TECV Act itself

– it contains a Title VI entitled “Reinforcing nuclear safety and information of the public” –

and on the other from Ordinance 2016-128 issued by the President of the Republic on

10th February, concerning the grounds for an authorisation qualification provided for by

this same TECV Act.

ASN is pleased to note that the legislative provisions introduced by these texts represent a

number of advances in the regulation of nuclear safety and radiation protection and that

they reinforce public information on these subjects.

It in particular notes the following positive points.

Enhanced transparency

and information of the citizens

The law requires that each year, the

Local InformationCommittees (CLI)

hold at least one meeting open to

the public and that the CLIs of BNIs

situated in

départements

on theborders

include representatives of the foreign

States concerned.Moreover, theCLIs

may ask to visit the facility, in order

to understand its normal operation

and any significant events rated at

least 1 on the INES scale which may

have occurred in it.

Without having to ask for it, those

living in the vicinity of a BNI will, at

the expense of the licensee, receive

regular information about safety

measures and the steps to be taken

in the event of an accident. These

population information operations

will be regularlypresented to theCLI.

Given the stakes associated with the

continued operation of the nuclear

reactors beyond forty years, the

measures proposed by the licensee

during the reactor periodic safety

reviews performed after thirty-five

years of operation, will be the subject

of a public inquiry.

Finally,thepublic’srighttoinformation

about the BNIs will be extended to

all the risks and detrimental effects

of the installations.

Evolution of the BNI authorisation

system

The law states that depending on the

stakes involved and their scale, BNI

modifications shall be the subject of:

either amodificationof the creation

(or decommissioning) authorisation

decree, after a public inquiry;

or anASNauthorisation,whichmay

involve participationby the public;

or notification of ASN by the

licensee.

Thismore graduated systemwill thus

allow processing appropriate to the

risks and detrimental effects of the

facility and its modifications.

42

ASN Report on the state of nuclear safety and radiation protection in France in 2015

ENERGY TRANSITION FOR GREEN GROWTH ACT