on Governmental and Regulatory Infrastructure

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1 Status of Malaysia s Governmental and Regulatory Infrastructure NURIATI NURDIN Atomic Energy Licensing Board Workshop on Governmental and Regulatory Infrastructure November 9 12, 2010, Daejon, Korea

2 Outline The Board and Atomic Energy Licensing Board (AELB) Department Malaysian Legal Framework Initiatives Towards Launching NPP Licensing of NPP Legislation Maps Concluding Remarks

3 The Board and AELB Department Minister of Science, Technology & Innovation Ministry of Science, Technology & Innovation The Board (5 Members) Executive Secretary Director General AELB Department Standing Safety Committee Sub-standing Safety Committee Nuclear Installation Division Technical Support Division Policy, Code & Standard Division Licensing Division Administrative Services Division Enforcement Division

4 AELB Department Branches

5 FUNCTION OF AELB ADVISE THE MINISTER & GOVT OF MALAYSIA ON ANYTHING RELATED TO ACT 304 ENFORCEMENT OF ATOMIC ENERGY LICENSING ACT 1984 (ACT 304) OTHERS THAT ARISE FROM THE FUNCTION OF THE BOARD UNDER ACT 304 SCIENTIFIC AND TECHNICAL COLABORATION WITH OTHER AGENCIS RELATED NUCLEAR/ ATOMIC ENERGY IMPLEMENTATION OF OBLIGATION ARISE FROM INTERNATIONAL AGREEMENT, TREATY, CONVENSION REGARDING NUCLEAR/ ATOMIC ENERGY 5

6 AELB MISSION & VISION Mission Vision A Regulatory Body With Credibility In Radiation And Nuclear Safety And It Peaceful Uses For Nation Building. Remaining a relevant regulatory authority with credibility in radiation and nuclear safety, security and safeguarding its peaceful uses for national sustainable development. 6

7 Malaysian Legal Framework Atomic Energy Licensing Act, 1984 Act: provides the basic law concerning the development and utilization of atomic energy and safety regulations. Regulations Regulations: provides more detailed provisions entrusted by the Act. Orders and Conditions of License Provides additional requirement which not stated in the regulations or special matters related to provisions entrusted by the Act Guidelines, Codes and Standards Provides guides, codes and standards to comply with and achieve goal impose in regulations

8 Malaysian Legal Framework No. Title Remarks Atomic Energy Licensing Act 1984 (ACT 304) Radiation Protection (Licensing) Regulations 1986 Radiation Protection (Basic Safety Standard) Regulations 2010 Radiation Protection (Transport) Regulations 1989 Main act under revision & will be repealed with new Atomic Energy Act 201 expected to be passed in Q Consistent with international standards requirements especially Handbook of Nuclear Law. Covering the issues related to licensing for the utilization of irradiating apparatus, radioactive materials and nuclear installation. Under revision, expected to entry into force in Revision completed -based on the latest IAEA BSS & ICRP. Revision completed expected for endorsement in Q

9 Malaysian Legal Framework No. Title Remarks 5. Strategic Trade Act 2010 Newly established to coverexport activity of Annex II Additional Protocol and EU Trigger Lists, brokering etc. Recently passed by Parliament Atomic Energy (Security of Radioactive Sources and Nuclear Materials) Regulations 201_ Atomic Energy (Nuclear Materials Safeguards) Regulations 201_ Atomic Energy (Waste Management)Regulations 201_ Newly developed to strengthened existing law covering Safety, Security and Safeguards aspects. Revision of existing regulations in order to strengthened legal infrastructure, consistent with international requirements. Revision of existing regulations in order to strengthened legal infrastructure, consistent with internationalrequirements. Expected to be passed in Q1 2011

10 Malaysian Legal Framework (cont d) No. Title Remarks Guidelines for the Development and Assessment of Safety Analysis Report Document. Standard forcertification and Re-certification of Reactor Operator. Standard for Modification and Evaluation of Research Reactor Standard for the Designation and Withdrawn of IAEA Safeguards Inspector Standard for Site Selection and Evaluation of Nuclear Power Plant Passed by AELB Board in 2008 mostly based on IAEA Safety Standard Series. Passed by AELB Board in 2009 mostly based on US NRC requirements. Passed by AELB Board in 2010 mostly based on IAEA Safety Standard Series. For AELB internal used. Draft Standard completed submission to IAEA on May 2010 for expert review and IAEA Expert Mission in August 2010.

11 Malaysian Legal Framework (cont d) No. Title Remarks 15. Adoption of IAEA Documentations (Safety Standard Series etc)related to Research Reactor & NPP Endorsed by AELB Board in 2008 & 2009.

12 Act Development of Act, Regulations and guidelines Regulations to date Standard As of 31 st August 2008 Act 304, 1984 Radiation Protection (Basic Safety Standard) 1988* *Approved by AG in Jun 2007 Radiation Protection (Nuclear Installation Licensing) Regulation 200 Radiation Protection (Radioactive Waste Management) Regulation 200_ Radiation Protection (Nuclear Non Proliferation Import & Export) Regulation 200_ Radiation Protection (Security of Radioactive Material) Regulation 200_ Radiation Protection (Medical Devices) Regulation 200_ Radiation Protection (Transport) Regulation 1989 GS-G-1.6 Seismic Design and Qualification for NPP GS-G-3.3 Evaluation of Seismic Hazard for NPP GS-G-4.1 Format and Content of SAR for NPP NS-G-1.1 Software for Computer Based System Important to Safety in NPP NS-G-1.2 Safety Assessment and Verification for NPP NS-G-1.4 Design of Fuel Handling and Storage System For NPP NS-G-1.5 External Event Excluding Earthquake NS-G-1.7 Protection Against Internal Fires and Explosion In the Design of NPP NS-G-1.8 Design of Emergency Power System for NPP NS-G-1.9 Design of Reactor Coolant System and Associated System in NPP NS-G-1.10 Design of Reactor Containment System for NPP NS-R-1 Safety for NPP Design 2007 National Guideline on Safety Assessment And Preparation of SAR Standard for Certification and Re-certification of Research Reactor Operator Guideline for Approval Application of Transit Of Nuclear Material Guideline for IAEA Safeguard Inspector Designation and Issuance of Multi-entrance Visa NS-G-1.11 Protection against Internal Hazard Other than Fire and Explosion Design of NPP NS-G-1.12 Design of Reactor Core for NPP NS-G-1.13 Radiation Protection Aspect of Design for NPP NS-G-2.1 Fire Safety in the Operation of NPP NS-G-2.2 Operation Limit & Condition and Operating Procedures For NPP NS-G-2.3 Modification to NPP NS-G-2.4 The Operating Organization for NPP NS-G-2.7 Radiation Protection and Radioactive Waste Management in the Operation of NPP NS-G-2.8 Recruitment, Qualification & Training of Personnel for NPP NS-G-2.9 Commissioning for NPP NS-G-2.10 Periodic Safety Review for NPP Guideline for the Assessment of Reactor Modification Guideline on the Site Evaluation For Nuclear Installation Guideline on National Emergency Preparedness and Response NS-G-2.11 A System for the Feedback of Experience From Events in Nuclear Installation NS-G-3.1 External Human Induce Event in Site Evaluation for NPP NS-G-3.2 Dispersion of Radioactive Material in Air and Water and Consideration of Population Distribution in Site Evaluation For NPP NS-G-3.5 Flood Hazard for NPP on Coastal and River Site NS-G-3.6 Geotechnical Aspect of Site Evaluation and Foundation for NPP WS-G-2.1 Decommissioning for Research Reactor and NPP NS-R-2 Safety of NPP Operation NS-R-3 Site Evaluation for Nuclear Installation NS-G-2.5 Core Management and Fuel Handling for NPP NS-G-3.4 Meteorological Event in Site Evaluation for NPP (TBD in 10 th Malaysia Planning) Guidance of Financial Assurance for Decommissioning Guideline on the Establishment of Decommissioning Program Legend Radiation Protection (Licensing) Regulations 1986 Radiation Protection (Appeal) Regulation Guideline of Inspection Procedure for Research Reactors Guideline for Approval Application of Transshipment for Nuclear Material Standard For Certification of Inspector and Assessor Guideline of Licensing Process for Nuclear Installation Guideline on Reactor Design Guideline on Commissioning of Nuclear Installation Guideline for the Safe Operation of Research Reactor Guideline on Physical Protection of Nuclear Installation IAEA document - adopted In Preparation In Planning In Reviewing Process Published

13 Treaty, Conventions and International Agreement Title In Force Status Agreement on the Privileges and Immunities of the IAEA - Non-party Vienna Convention on Civil Liability for Nuclear Damage - Non-party Optional Protocol Concerning the Compulsory Settlement of Disputes - Non-party Convention on the Physical Protection of Nuclear Material - Non-party Amendment to the Convention on the Physical Protection of Nuclear Material - Non-party Convention on Early Notification of a Nuclear Accident Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency Signature: Signature: Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention - Non-party Convention on Nuclear Safety - Non-party Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management - Non-party Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage - Non-party Convention on Supplementary Compensation for Nuclear Damage - Non-party Revised Supplementary Agreement Concerning the Provision of Technical Assistance by the IAEA (RSA) Third Agreement to Extend the 1987 Regional Cooperative Agreement for Research, Development and Training Related to Nuclear Science and Technology (RCA) Application of safeguards in connection with the Treaty on Non-Proliferation of Nuclear Weapons (with Protocol) Additional Protocol to the Agreement for the Application of safeguards in connection with the Treaty on Non-Proliferation of Nuclear Weapons Signature: Acceptance: Signature: Signature:

14 Status for Nuclear Power Program Development in Malaysia Government agreed nuclear power as one option for electricity generation in Peninsular Malaysia post-2020 Establishment of National Nuclear Power Development Steering Committee, support by three working committee: Regulatory Development Coordination Working Committee (JKPPP), jointly chaired by AELB and ST; Program Development Working Committee; chaired by Malaysian Nuclear Agency (JKPKN); and Project Development Working Committee, chaired by TNB (JKPPk). 14

15 Initiatives for Launching NPP CABINET COMMITTEE ON ENERGY CHAIRPERSON : The Hon. P.M. SECRETARIAT: EPU,P.M Dept NUCLEAR POWER DEVELOPMENT STEERING COMMITTEE MEGTW NUCLEAR POWER PROGRAM WORKING COMMITTEE NUCLEAR POWER PROJECT WORKING COMMITTEE Malaysian Nuclear Agency TNB (Electricity Provider) REGULATORY DEVELOPMENT COORDINATION WORKING COMMITTEE AELB & EC 15

16 WORKING COMMITTEES NUCLEAR POWER DEVELOPMENT STEERING COMMITTEE NUCLEAR POWER PROGRAM WORKING COMMITTEE Educational Program Public Awareness Human Capital Development Technology Assessment NUCLEAR POWER PROJECT WORKING COMMITTEE Site Identification Nuclear Fuel Procurement Planning Nuclear Power Plant Conceptual Design REGULATORY DEVELOPMENT COORDINATION WORKING COMMITTEE Regulation and Licensing of Electricity Generation Regulation and Licensing of Nuclear Power Plant International Legal Instrument& Agreement 16

17 Licensing of NPP: Legislation Map Energy Commission Electricity Supply Act 1990 Non-nuclear Island AELB Atomic Energy Licensing Act 1984 Nuclear Island Application for Siting, Construct and Operate NPP for Electricity Generation DOSH Occupational Safety and Health Act 1994, Factory and Machinery Act 1967, Petroleum Act 1984 Individual Certification (eg. SHO)/ machine & equipment, pressure vessel and boiler DOE Environmental Quality Act 1974 EIA & environmental management plan MHLG Town Planning Act 1976 Fire Services Act 1988 License / Approval for land use and Enforcement 17 17

18 some additional info: 1. Lists of National Legislations Pertinent to the NPP development; - more than 40 laws and regulations have been identified which have either direct or indirectly related for the supervision of NPP (as of Dis. 2009) 2. Due to the involvement of multiple regulatory authorities in the licensing processes, One Gate Licensing Process was introduced in order to facilitate the applicant and escalating the assessment processes.

19 Conclusion Many have been done to strengthened national legal infrastructure and international legal instruments, but there are still a lots of things to be done; Need to identify and introduce one gate licensing approach in order to facilitate future NPP s licensee Besides strengthening laws and regulations, building human resources capabilities and competencies is essential to ensure effective regulatory functions.

20 Thank You Terima Kasih