ASN Report 2015

Monitoring of the use of contractors

and subcontracting

The lawmakes it possible tomanage

or limit the use of contractors or

subcontracting for operation of

BNIs. This involves on the one

hand specifying those activities

which are the direct responsibility

of the licensee and which cannot

be entrusted to contractors and, on

the other, limiting the number of

levels of subcontracting that can be

authorised for the performance of

certain activities.

The law also enshrines in the

Environment Code the principle

of prohibiting the licensee from

delegating the surveillance of any

outside parties performing an activity

important for ensuring the protection

of health, public security and the

environment.

Evolution of the BNI shutdown

and decommissioning system

The Act also enshrines in the

Environment Code the principle

of immediate dismantling of BNIs,

that is dismantling as soon as possible

after shutdown of the installation.

It renovates the decommissioning

procedure, by making a clearer

distinction than previously between

the following:

•

final shutdownof the facilitywhich

is the responsibility of the licensee

and must be notified to ASN;

•

decommissioning of the facility,

the procedures of which must be

approved by the State on the basis

of a file proposed by the licensee.

Shutdown of an installation for

two consecutive years shall also be

considered to be final.

Reinforcement of the ASN means

of inspection and powers of sanction

The Ordinance of 10th February

2016 also reinforces ASN’s means of

inspection and powers of sanction.

ASN now in particular has the

following options:

•

It can prescribe measures to

ensure the security of radioactive

sources against malicious acts and

verify correct application of these

measures.

•

It can order the payment of fixed

and daily fines in the event of non-

compliancewithaformalnotice.The

administrative fines will be decided

onbyasanctionscommittee,created

within ASN and separate from the

Commission,inordertomaintainthe

principle of separation between the

investigativeandsentencingfunctions.

•

It canextend the inspections carried

out by its inspectors to activities

important for the protection of

health, public security and the

environment, performed outside

BNIs by the licensee, its suppliers,

contractors, or subcontractors.

•

It canhave third-party assessments

carried out at the expense of those

inspected.

•

Finally, it can ensure that research

is tailored to the needs of nuclear

safety and radiation protection.

Clarification of the organisation

of the oversight of nuclear safety

and radiation protection

ASN is in charge of the regulation and

oversight of nuclear safety, radiation

protection and nuclear activities.

The TECV Act incorporates into the

Environment Code the existence and

the duties of the French Institute for

Radiation Protection and Nuclear

Safety (IRSN). It recalls that ASN

benefits from the technical support

of IRSN and that these assessment

activities are supported by research.

It also clarifies the relations between

ASN and IRSN, indicating that ASN

“guides IRSN’s strategicprogramming”

and that the ASN Chairman is an

automatic and fully-fledgedmember

of the Board of the institute.

It also mentions the principle of the

publication of IRSN opinions.

Reinforced monitoring of former

nuclear sites

Finally,theOrdinanceof10thFebruary

2016 states that sites contaminated

by radioactive substances andwhich

present environmental risks couldbe

subject to active institutional controls

designed to protect the population.

The party responsible for a site

contaminated by a past or legacy

nuclear activity, or its assigns, could

be ordered to carry out remediation

of the site.

Conclusion

ASN considers that the legislative

provisionsintroducedbytheTECVAct

and theOrdinance of 10th February

2016 improve the regulation and

oversight of nuclear safety and

radiationprotectionby consolidating

andmodifying the framework set up

by the TSN Act, so that it is more

effective and more closely tailored

to the actual issues. It also notes

with satisfaction that transparency

and public information have been

reinforced.

The work to transcribe these

provisions into the regulations has

already started and will continue in

the coming months.

Energy Transition

for Green Growth Act

In the related

chapters, these

boxes present the

changes brought

about by the Act in

the fields concerned.

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

ENERGY TRANSITION FOR GREEN GROWTH ACT