Malaysia Obligations on the Joint Conventions, Regulations and Guidelines for Spent Fuel Management and the Radioactive Waste Management

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1 Malaysia Obligations on the Joint Conventions, Regulations and Guidelines for Spent Fuel Management and the Radioactive Waste Management 4-8 November 2013, Gyeongju, Republic of Korea

2 CONTENTS Obligations on the Joint Conventions reflected in the: Atomic Energy Regulatory Bill Purpose and objective of : Regulation on Authorization and Management of Spent Fuel And Radioactive Waste; Regulation on Financial Resources for Facility Operator, Decommissioning and Radioactive Waste Management; Guidelines on Operational Radioactive Waste Management Strategy including Safety Case and Safety Assessment 2

3 ESTABLISHMENT OF MNPC AS THE NEPIO TH JANUARY 2011: ESTABLISHMENT OF MALAYSIA NUCLEAR POWER CORPORATION (MNPC) AS A NEW FULLY DEDICATED NUCLEAR ENERGY PROGRAMME IMPLEMENTING ORGANISATION (NEPIO) Malaysia Nuclear Power Corporation (MNPC) registered under the Companies Act of Malaysia, and placed under the jurisdiction of the Prime Minister s Department, as a new fully dedicated NEPIO, and officially launched by the Prime Minister to spearhead nuclear power deployment under the Economic Transformation Programme (ETP) on 11 th January

4 OBJECTIVES OF MALAYSIA NUCLEAR POWER CORPORATION (MNPC) Based on the Memorandum of Association of MNPC under the Companies Act: To plan, spearhead & coordinate the implementation of nuclear energy development programme for Malaysia and to take the necessary action to realise the development of the first nuclear power plant in Malaysia; To ensure the development of nuclear infrastructure for the country is in line with International Atomic Energy Agency (IAEA) guidelines covering 19 key areas of national position, nuclear safety, management, funding & financing, legislative framework, safeguards, regulatory framework, radiation protection, electrical grid, human resource development, stakeholder involvement, site & supporting facilities, environmental protection, emergency planning, security & physical protection, nuclear fuel cycle, radioactive waste, industrial involvement, and procurement; and, To identify the company or special purpose vehicle (SPV) to be the owner and/or operator of nuclear power plant. 4

5 MNPC GOVERNANCE & ORGANISATION STRUCTURE CABINET COMMITTEE ON NUCLEAR POWER Chairman: Prime Minister ECONOMIC COUNCIL Chairman: Prime Minister MINISTER IN THE PRIME MINISTER S DEPT. RESPONSIBLE FOR ECONOMIC PLANNING UNIT MNPC BOARD OF DIRECTORS Chairman (Independent) 3 Ex-Officio & 4 other Independent Members NATIONAL KEY ECONOMIC AREAS (NKEA) OIL, GAS & ENERGY (OGE) STEERING COMMITTEE Chairman: Prime Minister Co-Chairman: Minister of Energy, Green Technology & Water CHIEF EXECUTIVE OFFICER DIRECTOR, PROGRAMME DEVELOPMENT DIRECTOR, REGULATORY COORDINATION DIRECTOR, PROJECT DEVELOPMENT Corporate Communications Public Communications & Stakeholder Involvement; Policy Development & International Relations; HR Development & Competency; Technological & Industrial Infrastructure Development. Legal & Regulatory Development; Safety, Security & Safeguards Implementation; Environmental Protection & Emergency Preparedness. 5 Project & Procurement Management; Siting & Technical Specifications; Project Financing & Liability Management. Human Resource & Administration Finance

6 Joint Convention On Spent Fuel And Radioactive Waste NO. ARTICLES MALAYSIAN ATOMIC ENERGY REGULATORY BILL (PROPOSED ACT) 1. Article 4 & 11 : General Safety Requirements Part VIII Radioactive Waste and Spent Fuel Clause Article 5 & 13 : Siting of proposed facilities This provision is not available under the proposed Act is prescribed in the Regulations. 3. Article 7 & 14 : Design and Construction of Facilities This provision is not available under the proposed Act is prescribed in the Regulations. 4. Article 8 &15: Assessment of Safety of Facilities This provision is not available under the proposed Act is prescribed in the Regulations. 5. Article 9 & 16: Operation of Facilities This provision is not available under the proposed Act is prescribed in the Regulations. 6. Article 10: Disposal of Spent Fuel Based on Policy decisions by the Government 7. Article 17 : Institutional Measures After Closure Part VIII Radioactive Waste and Spent Fuel Closure Plan for Disposal Facility - Clause 67 6

7 Joint Convention On Spent Fuel And Radioactive Waste NO. ARTICLES MALAYSIAN ATOMIC ENERGY REGULATORY BILL (PROPOSED ACT) 8. Article 19: Legislative and Regulatory Part II The Commission Framework 9. Article 20.1: Establishment of a Regulatory Clause 6: Establishment of Regulatory Authority Body 10. Article 20.2: Effective independence Part II The Commission 11. Article 21: Responsibility of the license holder Part VIII Radioactive Waste and Spent Fuel Clause Article 22: Human and financial resources Clause Article 23: Quality assurance This provision is not available under the proposed Act is prescribed in the Regulations. 14. Article 24: Operational radiation protection This provision is not available under the proposed Act is prescribed in the Regulations. 15. Article 25 : Emergency preparedness Part IX Emergency Preparedness and Response 16. Article 26 : Decommissioning Part VII Decommissioning 17. Article 27 :Transboundary movement Transship or transmit permit Clause 35 7

8 Joint Convention On Spent Fuel And Radioactive Waste NO. ARTICLES MALAYSIAN ATOMIC ENERGY REGULATORY BILL (PROPOSED ACT) 18. Article 28 : Disused Sealed Sources This provision is not available under the proposed Act is prescribedin the Regulations. 19. Article 32: Contracting Parties to submit a national report to review meetings discussing management practices and policies identified in the Article and listing relevant facilities and inventories of materials [depending on the fuel cycle approach adopted by the State] This provision is not provided in the proposed Act but will be implemented administratively. 20. Article 33: Each Contracting Party shall attend review meetings 21. Article 38: Contracting Parties to consult concerning disagreements over interpretation or application of the Convention at review meetings) This provision is not provided in the proposed Act but will be implemented administratively. This provision is not provided in the proposed Act but will be implemented administratively. 8

9 Authorization and Management of Spent Fuel And Radioactive Waste PURPOSE GUIDANCE DOCUMENTS Provide the general principles and requirements for the management of spent fuel and radioactive waste, and the process of authorization of the spent fuel and waste management facilities, in several stages: site licence, construction licence, permission for commissioning a, operation, decommissioning and closure. It also provides requirements for the control of radioactive waste and spent fuel generation, its treatment, conditioning and packaging, storage and disposal, for the management of very low level waste, criteria for acceptance of the radioactive waste in storage or disposal, and the development of spent fuel and radioactive waste management facilities. New Malaysian Atomic Energy Regulatory Authority Bill (304); Joint Convention on the Safety of the Spent Fuel Management and on the Safety of the Radioactive Waste Management (IAEA International Law Series No.1, 2006), European Council Directive 2011/70/EURATOM establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste (Official Journal of the European Union L199/48 EN); Fundamental Safety Principles. IAEA Safety Fundamentals No. SF-1. (2006); Radiation Protection and Safety of Radiation Sources: International Basic Safety Standards. Interim edition. IAEA General Safety Requirements GSR Part 3 (2011); EC Proposal for a Council Directive laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation (Brussels, COM(2012) 242 final); Predisposal management of Radioactive waste. IAEA General Safety Requirements GSR Part 5 (2009); Storage of RW. IAEA Safety Guide No. WS-G-6.1 (2006); Classification of Radioactive Waste. IAEA General Safety Guide No. GSG- 1(2009); Disposal of RW. IAEA Specific Safety Requirements No.SSR-5 (2011) 9

10 Financial Resources for Facility Operator, Decommissioning and Radioactive Waste Management PURPOSE GUIDANCE DOCUMENTS These regulations cover the requirements for the applicant for a licence and for the operator of a facility to ensure adequate financial resources for safe and secure operation, for financing decommissioning and radioactive waste management, as well as some administrative provisions for the establishment of a decommission fund and a radioactive waste management fund. The regulations apply to all holders of authorizations for facilities issued under the Bill. Sections of the UK Energy Act 2008; NUCLEAR REGULATORY COMMISSION (USA), Conditions of licences, 10 CFR 50.54; NUCLEAR REGULATORY COMMISSION (USA), Reporting and recordkeeping for decommissioning planning, 10 CFR 50.75; NUCLEAR REGULATORY COMMISSION (USA), Decommissioning of Nuclear Power Reactors, RG 1.184; DECC Consultation Funded decommissioning Programmes, UK-DECC December 2011; 10

11 Guidelines on Operational Radioactive Waste Management Strategy including Safety Case and Safety Assessment SCOPE PURPOSE The Guidelines on Operational Radioactive Waste Management Strategy including Safety Case and Safety Assessment (hereinafter referred to as these Guidelines ) provide guidance on the establishment of the overall strategy on radioactive waste management which should be prepared and implemented by any authorization holder for an activity or a facility generating radioactive waste and on the preparation of safety cases and supporting safety assessments for radioactive waste management facilities operated by such authorization holders. The provisions of these Guidelines are applicable to the management of spent fuel declared as radioactive waste. These Guidelines are primarily intended to be used by the authorization holders who generate radioactive waste as a result of their authorized activity or the authorized operation of the facility generating such radioactive waste, but they can be equally applied by any authorization holder for a predisposal radioactive waste management facility accepting for treatment or storage radioactive waste produced in any other facility generating radioactive waste. These guidelines are also applicable for radioactive waste disposal facilities (to be further developed by the Commission). 11

12 Thank You 12