OECD Nuclear Energy Agency Workshop on the Application of the Espoo Convention to the Lifetime Extension of Nuclear Power Plants 28-29 May 2018 Kimberly Sexton NICK Deputy Head Office of Legal Counsel OECD Nuclear Energy Agency Tel.: +33 (0)1 45 24 10 38 Kimberly.Nick@oecd.org 2018 Organisation for Economic Co-operation and Development
Nuclear Law Committee (NLC) The NEA operates based on a committee structure where 7 specialised standing technical committees, representing the major areas of the Agency s programme, address issues of common concern. In the legal area, there is the Nuclear Law Committee (NLC). Three working parties under the NLC: Working Party on Deep Geologic Repositories and Nuclear Liability (WPDGR) Working Party on Nuclear Liability and Transport (WPNLT) Working Party on the Legal Aspects of Nuclear Safety (WPLANS) 43 members // 18 NEA member countries represented + the European Commission and the IAEA 2018 Organisation for Economic Co-operation and Development 2
WPLANS Mandate Chair: Margaret Doane, General Counsel, US Nuclear Regulatory Commission (NRC) Vice-Chair: Lisa Thiele, Senior General Counsel and Director of Legal Services at the Canadian Nuclear Safety Commission (CNSC) 1. exchange information on the respective legal and administrative systems for the licensing and regulation of nuclear installations and other uses of nuclear material; 2. promote the development, strengthening and harmonisation of member countries legal frameworks for the licensing and regulation of the safe and peaceful use of nuclear energy; 3. enable the Agency to serve as a centre of information for the legal aspects of nuclear safety. 2018 Organisation for Economic Co-operation and Development 3
WPLANS Programme of Work The Programme of Work contains five topics to be addressed by the Working Party: 1) Legal framework for long-term operation 2) Framework for legal challenges related to nuclear safety 3) Legal framework for the licensing and regulation of small modular reactors 4) Exchange of information 5) Financial resources of the operator 2018 Organisation for Economic Co-operation and Development 4
WPLANS Survey on Long- Term/Continued/Extended Operation Response Rate: 22 countries // ~66% response rate Survey Categories: 1. Basic Information 2. Basic Authorisation Information 3. Substantive Authorisation Information 4. Public Participation in Authorisations of Long-Term/ Extended/Continued Operation 5. Legal Challenges to Authorisations of Long-Term/ Extended/Continued Operation 2018 Organisation for Economic Co-operation and Development 5
1. Basic Information Purpose Understanding the national context for responses. Obtaining up-to-date background information that is relevant for understanding survey responses. 2018 Organisation for Economic Co-operation and Development 6
1. Basic Information Interested in the number of nuclear power and research reactors in certain categories: Operating Under construction Operating in specific periods of operation Operating past their original authorised/licensed/designed life Entering the period of long-term/continued/extended operation in specific time periods 2018 Organisation for Economic Co-operation and Development 7
2. Basic Authorisation Information Purpose Obtaining clear answers on terminology and background information so that there is a universal understanding of national context later in the survey responses. Determining whether there are enough commonalities to gain consensus on the use of certain terminology. 2018 Organisation for Economic Co-operation and Development 8
2. Basic Authorisation Information Determining the type of term used for the initial authorisation/ licence for nuclear power reactors: Specific Term (i.e. a fixed time period) Indefinite Term Clarifying certain information to determine if uniform terminology can be used for: The process of extending the authorised/licensed/designed life of a nuclear power reactor The period of nuclear power reactor operation after the original authorised/licensed/designed life Understanding which governmental/regulatory body/bodies are responsible for: Reviewing/assessing the request/application for long-term/continued/ extended operation Issuing the authorisation for long-term/continued/extended operation 2018 Organisation for Economic Co-operation and Development 9
3. Substantive Authorisation Information Purpose Understanding, in detail, the laws, regulations and procedures for authorising long-term/extended/continued operation. Compiling standard information to compare and contrast the different approaches. 2018 Organisation for Economic Co-operation and Development 10
3. Substantive Authorisation Information Application and review deadlines Scope of safety and environmental reviews Whether those reviews are different than that preformed during the initial authorisation process Whether the long-term/continued/extended operation authorisation process includes requirements for: an environmental review/assessment transboundary notification and consultation Documents submitted/generated by the applicant/reviewer Whether the authorisation be subsequently renewed/ continued/extended Whether new safety requirements can be imposed 2018 Organisation for Economic Co-operation and Development 11
4. Public Participation in Authorisations of Long-Term/Extended/Continued Operation Purpose Gaining clarity on the policies, processes and procedures for public participation in authorisations of long-term/ extended/continued operation (if any). Determining what is required by law/regulation vs. what is done in practice. Compiling useful information that provides Member Countries the ability to analyse the issue for any potential future policy-making. 2018 Organisation for Economic Co-operation and Development 12
4. Public Participation in Authorisations of Long-Term/Extended/Continued Operation Whether public participation is allowed during the authorisation process Whether there is a legal duty to solicit public participation during the authorisation process by the: Decision-making authority Applicant/licensee Who may participate and type of participation allowed Whether there is a legal duty to provide information to the public during the authorisation process by the: Decision-making authority Applicant/licensee Safety and environmental information that must be provided 2018 Organisation for Economic Co-operation and Development 13
5. Legal Challenges to Authorisations of Long-Term/Extended/Continued Operation Purpose Understanding whether (and if so, how) members of the public and/or applicants/licensees can challenge authorisation decisions related to long-term/extended/ continued operation. Compiling useful information that provides member countries the ability to analyse the issue for any potential future policy-making. 2018 Organisation for Economic Co-operation and Development 14
5. Legal Challenges to Authorisations of Long-Term/Extended/Continued Operation Whether legal challenges to the authorisation are allowed Has an authorisation ever been challenged Procedures for challenges: type of procedure who can challenge geographical component who and what is subject of the challenge legal basis of the challenge when must challenge be raised before what court is challenge first raised where are appeals raised legal basis of appeal what is the court/body/authority of final resort 2018 Organisation for Economic Co-operation and Development 15
Next Steps Follow-up with respondents to clarify responses. Look to draft a deliverable that can be publicly released. 2018 Organisation for Economic Co-operation and Development 16
Work of the Committee on Nuclear Regulatory Activities (CNRA) 2018 Organisation for Economic Co-operation and Development
Challenges in Long-term Operation of Nuclear Power Plants (2012) www.oecd-nea.org/nsd/docs/2012/cnra-r2012-5.pdf Principles related to the regulation of long-term operation Fundamental principle: The safe operation of the nuclear power plant needs to be ensured during the period considered for long-term operation. Key principle 1: the regulatory body must be organised to regulate long-term operation Key principle 2: the goals and safety level required for long-term operation need to be clearly defined Key principle 3: the operator s proposed programme for long-term operation needs to be evaluated Regulatory challenges and considerations 1. Developing a regulatory framework compatible with long-term operation 2. Defining the scope of the regulatory assessment for long-term operation 3. Assessing the safety basis of long-term operation 4. Ensuring oversight of the plant in long-term operation 2018 Organisation for Economic Co-operation and Development 18
Work of the Committee for Technical and Economic Studies on Nuclear Energy Development and the Fuel Cycle Known as the Nuclear Development Committee (NDC) 2018 Organisation for Economic Co-operation and Development
The Economics of Long-term Operation of Nuclear Power Plants (2012) www.oecd-nea.org/ndd/reports/2012/7054-long-termoperation-npps.pdf Aim of the study was to collect and analyse technical and economic data on the upgrade and lifetime extension experience in OECD countries. The study found that in nearly all cases, the continued operation of NPPs for at least 10 more years is profitable even taking into account the additional costs of post- Fukushima modifications. These modifications reflected changes in regulatory requirements after the Fukushima Daiichi accident that primarily concerned reinforcement of protection against extreme events, dealing with accident management in potentially harsh environments, long-duration loss of power or cooling functions and accidents affecting multiple units at the same time. Preliminary estimates of the economic impact of post- Fukushima modifications were about 10-17% of the initially projected LTO investment. Despite the economic attractiveness of LTO, there were several risks and uncertainties that can influence the utilities decision to extend the operational lifetime of NPPs, such as public acceptance, changes in national policies or security concerns. 2018 Organisation for Economic Co-operation and Development 20
Background The global environment has changed and there is a need to revisit the study Today (May 2018) there are 450 NPPs in operation in the world. The average lifetime of these 450 NPPs is around 30 years. Most of the older reactors are in the EU, Japan, Korea, Russia and the US. Almost 64% of operating reactors are over 30 years old. Almost 20% of operating reactors are over 40 years old. www.iaea.org/pris/worldstatistics/operationalbyage.aspx 2018 Organisation for Economic Co-operation and Development 21
Background In most of those countries, the focus is not on new build and therefore LTO is crucial for the future of nuclear and the transition to a fully decarbonised electricity sector (i.e. the 2 C Scenario). In the coming years, many decisions will have to be made on extending the lifetime of NPPs and their continued operation taking into consideration many different factors, such as need for major investments in maintenance and refurbishment, changes in operation and maintenance costs, changes in market conditions, and the impact of operational lifetime on the costs and funding of waste management and decommissioning. This will be happening while a number of governments are developing policies to decarbonise their energy systems, and in particular the electricity mix. Ad hoc Expert Group on Maintaining Low-Carbon Generation Capacity through LTO of Nuclear Power Plants: Economic, Technical and Policy Aspects (EGLTO) [Created April 2018] 2-year mandate to review the technical and economic aspects of LTO of existing NPPs, building on the 2012 report. First meeting in June. 2018 Organisation for Economic Co-operation and Development 22
Thank you for your attention! All NEA publications and institutional documentation available at www.oecd-nea.org 2018 Organisation for Economic Co-operation and Development 23