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Clarification of the organisation
of the oversight of nuclear safety and radiation
protection by ASN and IRSN
The law enshrines the Institute for Radiation Protection and Nuclear
Safety (IRSN) in the Environment Code (new Articles L. 592-41 to
L. 592-45). It clarifies the organisation of the oversight of nuclear
safety and radiation protection between ASN and IRSN.
The law gives IRSN
“research and expert assessment duties in the
field of nuclear safety defined in Article L.491-1 of the Environment
Code”
(that is nuclear safety, radiation protection, prevention and
combating of malicious acts, and civil protection actions in the
event of an accident).
The law requires that ASN draw on IRSN expertise in the performance
of its regulation of nuclear safety and radiation protection. In order
to guarantee that IRSN’s expert assessment capacity matches ASN’s
requirements, the law requires that the latter offer guidance for
IRSN’s strategic programming with respect to this technical support
and that its chairman be a member of the Institute’s board.
Article L. 592-43 of the Environment Code introduces the principle of
publication of all the opinions issued by IRSN at the request of ASN.
“Early” entry into force in French law
of the protocols signed on 12th February 2004,
reinforcing the Paris Convention of
29th July 1960 and the Brussels Convention
of 31st January 1963 concerning civil liability
in the field of nuclear energy.
By modifying Articles L. 597-2 et seq. of the Environment Code, the
TECV Act reinforces the civil liability of the licensees in the event of
damage linked to a nuclear activity. Without waiting for entry into
force of the 2004 protocols related to their ratification by all the
States of the European Union, this modification enforces certain
provisions of the 2004 protocols, significantly re-evaluating the
liability ceilings, which are raised from €23 million to €70 million
for “low risk facilities” and from €91.50 million to €700 million for
the other facilities. The law also extends its scope of application to
new categories of installations (for example certain ICPE).
Relationship between the BNI System
and the Energy Code
The Energy Code stipulates that authorisation is required for the
operation of any electricity generating installation. For nuclear
installations generating electricity, this authorisation is obtained
independently of the commissioning authorisation granted by ASN
pursuant to the Environment Code.
As the nuclear electricity generating capacity is capped at 63.2 gigawatts
by law (Article L. 311-5-6 of the Energy Code), Article L. 311-5-5 of
this same code stipulates that it is impossible to issue an operating
authorisation pursuant to the Energy Code when this would have
the effect of exceeding this maximum.
As the 63.2 GW cap corresponds to the installed power in France,
commissioning of new nuclear power reactors would thus imply the
need to revoke the generating authorisation for existing reactors up
to the value of the power of the new reactor.
Revocation of the operating authorisation would lead to shutdown
of the installation and, after a two-year period, would thereby lead
to its final shutdown pursuant to Articles L. 593-24 and following
of the Environment Code.
The same Article L. 311-5-6 of the Energy Code also stipulates that
when a nuclear power installation is subject to the BNI System, the
operating authorisation application in accordance with the Energy Code
must be submitted no later than 18 months before commissioning
(as determined in the Environment Code) and, in any case, no later
than 18 months before the commissioning date mentioned in its
creation authorisation decree.
An authorisation led to Ordinance 2016-128 of 10th February 2016
(see pages 42 and 43 of this report).
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CHAPTER 03:
REGULATIONS
ASN report on the state of nuclear safety and radiation protection in France in 2015