Nuclear Regulatory Decision Making The Australian Context

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Nuclear Regulatory Decision MakingThe
Australian Context

• John Loy
• CEO
• Australian Radiation Protection and Nuclear
  Safety Agency

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Summary

• Legislative Framework
• International Best Practice in relation to
  Radiation Protection and Nuclear Safety
• Accountability and Transparency
• The OPAL decisions
• Regulatory Effectiveness
• Some thoughts for the future

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Legislative Framework

• ARPANS Act prohibits controlled persons from
  conducts with nuclear installations
• Unless authorised by a licence issued by CEO
• Conducts prepare a site, construct, operate,
  decommission
• Licence application includes information
  requested by CEO
• CEO must take into account certain matters

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International Best Practice

• ARPANS Act requires the CEO to take into
  account IBP in RPNS
• Discussed in OPAL decisions and Federal Court
• Highest level Conventions, international Codes
  of Conduct, Safety Fundamentals, ICRP
  Recommendations

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International Best Practice (2)

• The framework of IAEA safety standards
• Noting WENRA approach
• Includes standards re the management system
• Also international technical standards
• And best PRACTICE

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Accountability Transparency

• Effective Independence
• Established by the Act and regulations
• Quarterly and annual reports to Parliament
• Parliamentary committees

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Accountability Transparency (2)

• Licence applications for nuclear installations
  require call for public submissions
• Content of public submissions must be taken into
  account by the CEO
• Making the application and supporting material
  public
• Transparency and security
• Public forums questioning by panel
• Statement of Reasons

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The OPAL Decisions (1)

• Application to prepare a site
• Received April 1999 granted September 1999
• Overlap with EIS process
• Application to construct
• Received May 2001 granted April 2002
• Licence condition required approval for
  manufacture, installation of SSCs with
  significant implications for safety (gt130 RFAs)

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The OPAL Decisions (2)

• Application to operate
• Received September 2004 granted July 2006
• Public issues management of spent fuel and
  waste physical security emergency planning net
  benefit nuclear non proliferation
• Licence conditions periodic safety reviews
  safety culture
• Presently in hot commissioning

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Regulatory effectiveness

• Response to the Act and regulations
• Statement of Reasons
• Regulatory oversight
• Third party reviews limit potential groupthink
• Safety features
• Emphasis on ANSTO ownership
• Progress with waste management
• Physical security
• Basis for risk informed ongoing oversight

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Some thoughts for the future

• A single national nuclear regulator nuclear
  safety radiation protection environment
  assessment safeguards?
• Retain international best practice in relation
  to radiation protection and nuclear safety
• Formalise process for public involvement