Licensing Process for the New Nuclear Power Plant in Slovenia and the Role of the SNSA

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1 International Conference Nuccllearr Enerrgy fforr New Eurrope 2009 Bled / Slovenia / September Licensing Process for the New Nuclear Power Plant in Slovenia and the Role of the SNSA Siniša Cimeša, Polona Tavčar, Igor Osojnik, Marija Kališnik, Andrej Stritar Slovenian Nuclear Safety Administration Železna cesta 16, SI-1000 Ljubljana, Slovenia Sinisa.Cimesa@gov.si, Polona.Tavcar@gov.si, Igor.Osojnik@gov.si, Marija.Kalisnik@gov.si, Andrej.Stritar@gov.si ABSTRACT New nuclear power plant is seriously being considered in Slovenia. The Slovenian Nuclear Safety Administration (SNSA) is aware of the complexity of such a project, and of the fact that at the moment SNSA hasn t got sufficient resources for licensing and overseeing the design, construction and operation of the possible new plant. Likewise, the question arises whether the capacity of the technical support organizations, that support SNSA in supervising the existing nuclear power plant Krško, is sufficient. That is why SNSA established a special project team with the task to prepare the SNSA for the possible start of the new nuclear build. In the beginning of 2009 this project team prepared the analysis of the licensing process, which would, based on the overview of the processes of spatial planning, construction and nuclear safety regulation, establish the basis for resource demands needed for SNSA s and other stakeholders involvement and decision making in this process. The purpose of the review of the whole process, from spatial planning to the issuance of the operating licence, is to identify phases which will require most effort. This will enable better resource allocation and thus grater effectiveness of the SNSA. The result of the analysis are also several potential scenarios of the licensing and construction processes, which show as potential target dates for start of trial operation of the new plant between 2018 and INTRODUCTION Licensing the construction and operation of a new nuclear power plant (NPP) is a major project that has to successfully cover issues such as nuclear safety, environmental protection, radiation safety, issues regarding design and construction, radioactive waste management, transboundary impacts, spatial planning and public acceptance. As such the licensing process is a composition of processes set by different acts and second level legislation. These processes intervene with each other, sometimes in parallel, sometimes in sequence, setting the basis and conditioning the course of each other and the licensing process as a whole. One of the major problems, besides the complexity of the process, presents a large number of stakeholders involved in it, which requires lots of communication, cooperation and coordinated interaction between involved parties. Without that, the licensing process can easily be prolonged beyond the economically reasonable deadline and thus even be cancelled by the investor

2 Since the SNSA sees itself as one of the major parties in the licensing process, the decision was made to proactively prepare the analysis of the whole licensing process [1] from the beginning of spatial planning to the issuance of the operating license. This analysis would give a kind of a road map, which would enable better resource allocation and thus greater effectiveness of the SNSA on one side, but also help coordinate the efforts of all involved stakeholders and thus enhance the efficiency of the licensing process. The analysis of the licensing process and its results, which was prepared in the beginning of 2009 and was sent to all stakeholders for review and comment, is presented in the following chapters. 2 THE ANALYSIS OF THE LICENSING PROCESS FOR THE NEW NUCLEAR POWER PLANT IN SLOVENIA The discussed analysis is based on a detailed review of all Slovenian legislation that would be used in the case of a licensing process for a new NPP in Slovenia. It includes legislation from areas such as nuclear and radiation safety [2], [3], [4], spatial planning [5], [6], [7], environmental protection [8], [9], [10], [11], construction [12], [13], energy [14], [15], [16], [17], public financing [18], etc. The whole process was partitioned into 10 separate phases, which deal with certain period of the process and/or certain issue. Each phase was analysed with the objective to determine the inputs and outputs of a phase, connections between different phases, the main players, cooperating parties and interactions between them, legal basis, time schedules and deadlines, needed documents, and especially the role of the SNSA. The results of the analysis are described in the following chapters, while the scheme of the whole licensing process is shown on the following page (Figure 1). Bellow is the legend for the scheme of the licensing process: Main milestones Applications Involvement of public (public hearing) Cooperation with European Community Intermediate phases and longer lasting processes The involvement of the SNSA in the process The colour of the main line which illustrates a type of design involved in certain phase: Design basis Preliminary design Design for construction license Design for construction As build design

3 Governemental decree on the preparation of the National Strategic Spatial Plan (NSSP) Government sets the time schedule with a decree Space arrangment authorities A prepare appropriate expert sudies Guidance of the space arrangement authorities B NSSP Draft Remarks and proposals of ministries and municipalities Proposal of NSSP National assembly adopts NSSP with an ordinance Issuance of a licence to perform energy activity a licence to perform energy activity Issuance of energy permit energy permit Government adopts a decision about the start of the preparation of National Spatial Plan (NSP) Preparation of NSP draft, list of possible variants A call to space arrangment authorities B for guidance issuance Ministry of Environment decides if an assessment of the plan's impacts on the environment is necessary Opinion of competent ministries about the acceptability of ER Preparation of variants Preparation of Environmental Report (ER), Special Safety Analysis and other expert studies for comparation of variants Notification of public and signer states of Espoo convention about the issuance of consent Opinion of competent ministries and organizations about the acceptability of the plan Transboundary impacts Competent ministries declare which data must be included in EIA Attestation of acceptability of the plan implementation impacts on environement Opinion of competent ministries about plan's impacts on the environement and issuance of design conditions Attestation of acceptability of ER Selection of most suitable variant Issuance of environmental protection consent Public hearing environmental protection consent Preparation of the project of intended activities into the environment and of EIA Information about scope and contents of report on environmental impact assessment (EIA) Addoptation of NSP with a decree NSP proposal Public hearing Supplemented NSP draft consent for construction (Preliminary Safety Aanalysis Report- PSAR,...) Notification of EC about investment project for new facility Approval of PSAR and decommissioning programme General information regarding radiactive waste management plan for EC consent for start of trial operation Position on remarks of public and municipalities Transboundary impacts Consent for construction Setting the conditions for trial operation Opinion of EC Consent for start of trial operation Fulfilment of prescribed parameters regadring environmental impacts Approval of FSAR and other documentation construction license Construction license Construction license for use of the facility Technical check Decision for start of trial operation Trial operation License for use of the facility operating license Operating license Operation Figure 1: Scheme of the new NPP licensing process

4 DESCRIPTION OF THE PROCESS 3.1 General description of the process The licensing process for the new NPP is based on general process for siting facilities of national importance. The only specialities of the nuclear installation siting is development of Special Safety Analysis that has to be additionally prepared as part of the Environmental Report in the National Spatial Plan process, and operating license, which is, additionally to the license for use of the facility, issued by SNSA. General siting process is quite complicated and long lasting by itself. It lasts approximately four years, by taking into account only terms set in the legislation, while experiences show that it can last as long as six or more years. Due to the sensitivity of the subject, that a nuclear facility presents, a siting process for the new NPP is even more prone to complications, disagreements and thus process delays. Thus careful planning, coordinated interactions and even legislation changes are essential for successful project implementation. The licensing process for the new NPP would be comprised of several sub-processes, which are in the SNSA s analysis distributed into 10 phases: 1. National Strategic Spatial Plan: prepared by Ministry of the Environment and Spatial Planning on the basis of national programmes. 2. Licence to perform energy activity and energy permit: the investor applies for the licence to perform energy activity. Before the start of the National spatial plan process, the investor must apply for and gain the energy permit for the new NPP. The licence is issued by Energy Agency, while energy permit is issued by Ministry of the Economy. 3. National Spatial Plan (NSP): represents general siting process for all facilities of national importance. It is lead by the Ministry of the Environment and Spatial Planning. Other stakeholders are space arrangement authorities (various ministries, also SNSA, municipal bodies and agencies, non-governmental organizations ), public, involved municipalities, neighbouring countries (signers of ESPOO convention), etc. Part of the NSP for a new NPP is also the Special Safety Analysis, which is a key document regarding nuclear and radiation safety in the siting process. 4. Environmental Impact Assessment (EIA) and environmental protection consent: the investor prepares the EIA report including information required by competent ministries (including SNSA). The EIA and the project of intended activities, after being publicly displayed, are the basis of application for environmental protection consent, which is issued by Environmental Agency. 5. Consent for construction: is issued by the SNSA based on the overview and approval of the Preliminary Safety Analysis Report, design for construction, decommissioning programme, waste management programme, etc. Consent for construction represents the basis of application for construction license. 6. Construction license: the investor applies for it after receiving the consent for construction from the SNSA. After it is issued, the construction of the NPP may start, which is supervised by the SNSA among other. 7. Opinion of European Commission (EC): the investor gathers information regarding radioactive waste depositing required by the Treaty establishing the European Atomic Energy Community (EURATOM). The SNSA serves this information to EC, which gives its opinion in 6 months time. 8. Trial operation: the investor applies for license for use of the facility. Before the license for use of the facility is issued, technical check and trial operation must be performed. The investor must also apply to the SNSA for consent for start of trial operation, and after SNSA issues the consent, the Ministry of the Environment and Spatial Planning issues a

5 decision for start of trial operation. Trial operation is supervised by the SNSA. Note that trial operation together with technical check represents the commissioning phase, which is more popular term in the nuclear industry. 9. License for use of the facility: The Ministry of the Environment and Spatial Planning issues the license for use of the facility after it verifies that parameters regarding environmental impacts from trial operation meet the prescribed limits. License for use of the facility is final part of the general process for licensing objects. For the nuclear facility also an operating license is required. 10. Operating license: The investor applies to the SNSA for operating license after receiving license for use of the facility. The investor presents Final Safety Analysis Report, Report on trial operation, Decommissioning programme, Quality management documentation, etc. The SNSA reviews and approves submitted documentation and issues the operating license. The facility can now start with regular operation. 3.2 The Role of the SNSA As it can be seen on Figure 1, the SNSA appears in the licensing process several times, of which many times as the main actor. The roles of the SNSA are quite diverse, from preparing guidance as a space arrangement authority in the siting process, to reviewing and approving final safety analysis report in the operating license phase. All SNSA roles in the new NPP licensing process are shown in Table 1. Table 1: The roles of the SNSA in the new NPP licensing process SNSA s ROLE LICENSE CONSENT OPPINION APPROVAL PREPARATION GUIDANCE OTHER REMARKS PHASE OF THE PROCESS National Strategic Spatial Plan Gives remarks and suggestions Licence to perform energy activity and energy permit National Spatial Plan (NSP) Prepares the Guide on the scope and NSP draft content of the Special Safety Analysis and issues guidance for NSP Gives opinion on acceptability of Environmental Report and Special Supplemented NSP draft Safety Analysis, prepares positions on public and municipality remarks Gives opinion on acceptability of NSP proposal environmental impacts and issues design conditions Environmental impact assessment Gives opinion on acceptability of the (EIA) and environmental protection plan, prepares data that must be consent included in EIA Consent for construction Preliminary Safety Analysis Report (PSAR) Decommissioning programme Construction license Construction Supervision of construction Opinion of European Commission Prepares and sends data necessary (EC) for issuing EC opinion Trial operation Supervision of trial operation PSAR and other documentation License for use of the facility Operating license Final Safety Analysis Report and other documentation

6 This table, together with whole licensing process analysis, will be of great help in the SNSA s preparation for the new NPP licensing process. Based on it, the SNSA has already started preparing the Guide on the scope and content of the Special Safety Analysis, which is a basic document for the siting process. SNSA also plans to prepare other needed documents in advance, like space arrangement guidance for National spatial plan and needed data for Environmental impact assessment. The preparation of these documents in advance will enhance SNSA s efficiency even with limited human resources. Roles that will require most of the SNSA s effort and resources are reviews and approvals of preliminary and final safety analysis report and other documentation in the phases of consent for construction, commissioning and operating license. Also supervisions of construction and trial operation are expected to be two of the most effort and resource demanding phases. For proper engagement with these phases the SNSA will have to recruit and qualify new personnel, prepare the list of adequate technical support organizations and involve them in the process, prepare new internal procedures and also practical guides for investor and/or vendor regarding fulfilment of nuclear legislation requirements. 3.3 Time schedule As a part of the analysis also several time schedules of the new NPP licensing process were prepared. These are based on the scheme of the process and legal time limits set in the legislation. The differences are mainly in assumptions of the time needed for longer lasting sub-processes, like public procurement, development of feasibility and expert studies, public hearings, involvement of neighbour countries (signers of ESPOO convention), preparation of project documentation, safety analysis report and other required documentation, construction of the facility, etc. Results show that the trial operation could start between 2018 and 2029, while the potential dates for start of operation are approximately three years later. It must be said that the year 2018 is a very optimistic estimation, since it assumes the most favourable process development, without any delays and with as short terms as possible. Most probable date for start of trial operation would be around 2024, on condition that the process is lead with very detailed and careful project planning, anticipating and taking into account all possible delays, obstacles, needed co-operations and reconciliations. Time can be gained by ensuring that needed documentation, e.g. expert studies, safety analysis report, etc. is well prepared and with high level of quality. In opposite case a lot of precious time can be lost with documentation revisions. High level of documentation quality can also benefit the processes of public hearing and the involvement of neighbouring countries. Documentation should be prepared and distributed for review in advance. Also the SNSA can contribute to faster process development by preparing guidance documents in advance thus giving other parties, especially the investor, enough time to prepare required documentation. It is also very important for SNSA to have sufficient number of well educated and trained staff which could handle the great amount of work, that licensing and supervision of NPP construction presents. It is SNSA s position, that the main driving force for the successful and timely project implementation must be the investor. One of the aims of this analysis was also the message to the investor about the complexity of the project. SNSA is on one hand obliged to follow the legal time frames prescribed by the legislation for each phase of the project, but is on the other hand open to start mutual exchange of information with the investor much before the formal start of any legal procedure. By careful preparation well in advance and open submission of all information to the SNSA the formal decision making and issuance of

7 licences could be minimized and should be on the critical path of the project implementation very short time. Following two figures show possible time developments of the new NPP licensing process. Time schedule shown on Figure 2 is the optimal time schedule, assuming current legislation, while Figure 3 presents enhanced process development considering legislation changes proposed in the next chapter and well planned and coordinated interactions between involved parties. Figure 2: Simplified time schedule of the optimal development of the new NPP licensing process Phase National strategic spatial plan Licence to perform energy activity and energy permit National Spatial Plan EIA and environmental protection consent Consent for construction Construction license and construction Opinion of EC Trial operation License for use of the facility Operating license Figure 3: Simplified time schedule of enhanced development of the new NPP licensing process Phase National strategic spatial plan Licence to perform energy activity and energy permit National Spatial Plan EIA and environmental protection consent Consent for construction Construction license and construction Opinion of EC Trial operation License for use of the facility Operating license

8 Even though the objective of all involved stakeholders is to make the licensing process as short as possible, the main goal of the SNSA remains high level of public safety. In no case shall efforts to speed up the licensing process jeopardize the quality of the project. The project as a whole must assure safe and durable solution without increasing the risk for public or environment. 3.4 Legislation changes proposals During the legislation review the SNSA found several deficiencies and discrepancies that could represent obstacles in the new NPP licensing process. For this reason, as a part of the analysis results, some legislation changes were proposed, such as: Restitution of two articles (66. and 67.) of the Ionising radiation protection and nuclear safety act, which were deleted without consulting with the SNSA. Substitution of current 90 days term for construction consent with a new 24 months term; even though this term is an instruction term, SNSA believes it should be set as a best estimate, which 90 days is certainly not. Change of the Ionising radiation protection and nuclear safety act in such manner, that the SNSA would be the only authority agency regarding issuing license for use for nuclear facilities. Currently the investor must apply for the license for use of facility to the Ministry of the Environment and Spatial Planning and also separately for the consent for start of the trial operation to the SNSA. With the proposed change the investor would only apply to the SNSA for the permit for start of trial operation. This application would at the same time be also regarded as an application for license for use of facility that is required by the Construction act. The same change would also eliminate the need for the separate issuance of license for use of facility and operating license at the end of trial operation, meaning that investor would only need to apply to the SNSA for operating license, which would also be regarded as a license for use of facility requested by the Construction act. Setting a new six month term for issuance of the permit for start of trial operation; currently no term is set. Change of the Ionising radiation protection and nuclear safety act so the conditions, duration and commissioning method is set together with permit for start of commissioning. Change of the Ionising radiation protection and nuclear safety act in such way, that an import of nuclear fuel for the first loading of reactor would be allowed with SNSA s permit; currently an import of nuclear fuel for first loading is possible when nuclear facility has an operating license. SNSA has already prepared a draft of proposed changes, which is currently being reviewed. These changes represent basic steps for making a licensing process unambiguous and fluent. Still there is space for more changes that could eliminate or urge the bureaucratic part while preserving or even enhancing the quality of the licensing process. 4 CONCLUSION The idea of building a new NPP in Slovenia is becoming more attractive every day. Some feasibility studies are already being prepared and high level documents like National energy programme are being revised, so they could include a possibility of a new nuclear generating station.

9 The SNSA as the nuclear regulatory body would have an important role in the new NPP licensing process. That is why SNSA decided to prepare the review of the whole process and determine its part in it. Based on the analysis several legislation deficiencies and discrepancies were found, which could represent obstacles in the process, so proposals of the legislation changes that would deal with those were also prepared. Grater changes of the legislation, like following the American practice of Combined License, which is sometimes proposed by the Slovenian industry, are unnecessary since the main reason for the Combined License concept is the avoidance of public debate after the construction license has been issued, which, by the current Slovenian legislation, is not possible anyway. The important contributions to the analysis are also the scheme of the process and time schedules, which, with plotting the critical path, raise the level of flexibility and enable process optimization. The main finding is that the process is very complex and that it would be of great benefit that stakeholders would sit together and think of ways for enhancing it. For the SNSA this analysis represents the first step in its preparation. Based on it the SNSA will prepare other analysis, documents needed for the licensing process, internal procedures and guides. One of the main tasks is the evaluation of needed human resources, competencies, and also technical support organizations. REFERENCES [1] P. Tavčar, S. Cimeša, M. Kališnik, Analiza postopka za izdajo dovoljenj za izgradnjo nove jedrske elektrarne v Sloveniji, SNSA, 2009 [2] Ionising Radiation Protection and Nuclear Safety Act, Official Gazette RS No. 102/2004 [3] Rules on the radiation and nuclear safety factors (JV5), draft regulation in public hearing prepared by the SNSA [4] Decree on the areas of limited use of space due to a nuclear facility and the conditions of facility construction in these areas, Official Gazette RS No. 36/2004 [5] Spatial Planning Act, Official Gazette RS No. 33/2007 [6] Rules on the content, format and drawing-up of national spatial plan and on drawing-up of alternative solutions for it's spatial arrangements, their evaluation and comparison, Official Gazette RS No. 99/2007 [7] Ordinance on Spatial Planning Strategy of Slovenia, Official Gazette RS No. 76/2004 [8] Environment Protection Act, Official Gazette RS No. 39/2006 [9] Decree laying down the content of environmental report and on detailed procedure for the assessment of the effects on certain plans and programmes on the environment, Official Gazette RS No. 73/2005 [10] Decree on categories of projects for which an environmental impact assessment is mandatory, Official Gazette RS No. 66/1996

10 [11] Instruction on the methodology of preparing reports on environmental impact, Official Gazette RS No. 70/1996 [12] Construction Act, Official Gazette RS No. 102/2004 [13] Rules on design documentation, Official Gazette RS No. 55/2008 [14] Energy Act, Official Gazette RS No. 27/2007 [15] Resolution on the National Energy Programme, Official Gazette RS No. 57/2004 [16] Rules on issuing energy permits, Official Gazette RS No. 67/2009 [17] Decree on conditions and procedure for issuing and withdrawing of a licence to perform energy activity, Official Gazette RS No. 21/2001 [18] Decree on the uniform methodology for the preparation and treatment of investment documentation in the field of public finance, Official Gazette RS No. 60/2006