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ENERGY TRANSITION
FOR GREEN GROWTH ACT
After a year-long debate, Parliament adopted the Energy Transition
for Green Growth Act 2015-992 of 17th August 2015 (TECV). This
Act comprises a Title devoted to nuclear matters (Title VI entitled
“Reinforcing nuclear safety and information of the public”)
and a
number of provisions in Title VIII concerning the organisation of the
regulation of nuclear safety and radiation protection.
The provisions to be considered concern:
Enhanced transparency and information
of citizens
Reinforcing and expanding the roles of the Local Information
Committees (CLI)
Provision is thus made for the following (Articles L. 125-17
to L. 125-26 of the Environment Code):
• organisation of an annual public meeting by the CLI, open to all;
• the possibility for the CLI to address any subject within its field
of competence (monitoring, information and consultation
concerning nuclear safety, radiation protection and the impact
of nuclear activities on individuals and the environment);
• the possibility for the CLI Chairman to ask the licensee
(who cannot refuse) to organise visits to the nuclear facilities;
• the possibility for the CLI Chairman to ask the licensee
(who cannot refuse, subject to an assessment of “restoration
of normal conditions of safety») to organise visits to the facilities
after a “cooling off” period following an incident rated level 1
or higher on the INES scale;
• mandatory consultation of the CLI for any changes
to the Off-site Emergency Plans (PPI);
• mandatory consultation of the CLI concerning information
of the persons living within the perimeter of a PPI;
• in the case of sites located in a département on one of the
country’s borders, inclusion of members of neighbouring states
in the composition of the CLI.
Reinforcement of certain information procedures
• with the principle of regular information, at the expense
of the licensee, of persons living within the perimeter of a PPI
(concerning the nature of the accident risks and the envisaged
consequences, the safety measures and the steps to be taken
in application of this plan) (Article L. 125-16-1 of the
Environment Code);
• with the holding of a public inquiry on the measures proposed by
the licensee during the periodic safety review of the NPP reactors
after their 35th year of operation (Article L. 593-19 of the
Environment Code).
Confirmation of the BNI system
Management of subcontracting
• The new Article L. 593-6-1 of the Environment Code confirms
the rule preventing the licensee from delegating the surveillance
of outside contractors performing an activity that is important
for the protection of the interests mentioned in Article L. 593-1
of the Environment Code: This ban which is included in the
BNI Order of 7th February 2012 now carries legislative weight.
• This same Article makes it possible for a Decree by the Council
of State to circumscribe or limit the use of contracting or
subcontracting for the performance of certain activities important
for the protection of interests.
Evolution in the BNI authorisation system
• Articles L. 593-14 and L. 593-15 of the Environment Code use
the same terminology as the regime of Installations Classified
on Environmental Protection grounds (ICPE).
• The “substantial” modifications (previously referred to as
“significant”) correspond to those modifications requiring
a new and complete authorisation procedure with public inquiry
(Article L. 593-14 of the Environment Code).
• The “significant” modifications now correspond to
modifications with a more limited impact on the protection
of the interests mentioned in Article L. 593-1 of the
Environment Code. Article L. 593-15 of the same code states
that “significant” modifications are “depending on their
importance” subject to authorisation by ASN or notification
to it and that these “significant” modifications “may be opened
to public consultation” (see point 3.3.5).
Renovation of the BNI final shutdown
and decommissioning system
• The principle of immediate dismantling is enshrined in law
(Article L. 593-25).
• The law differentiates between final shutdown
and decommissioning of a BNI.
• The final shutdown of a BNI is the responsibility of the licensee,
who must notify the Minister responsible for nuclear safety
and ASN of the date no later than two years (or less if justified)
prior to final shutdown. As of this date, the installation
is considered to have final shutdown status and must be
decommissioned (Article L. 593-26).
• Decommissioning (time-frame and procedures) is prescribed
(and no longer authorised) by Decree (Article L. 593-28).
• Automatic transition to final shutdown for a facility which has
ceased to function for two consecutive years (Article L. 593-24).
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CHAPTER 03:
REGULATIONS
ASN report on the state of nuclear safety and radiation protection in France in 2015