Legal Frameworks for Long-Term Operation of Nuclear Power Reactors: A new NEA report

Ensuring that a proper legal framework for Long-Term Operation (LTO) is in place is a key component of a decision to authorise LTO. While there are numerous reports that address LTO from a technical standpoint, and some of these also incorporate a review of regulatory frameworks for LTO, there was no single source that comprehensively addressed the legal and policy aspects involved in a decision to allow or authorise LTO. It was with the objective of providing insight into the various laws, regulations and policies that contribute to different countries' approaches to LTO around the world that the NEA recently released 'Legal Frameworks for Long-Term Operation of Nuclear Power Reactors' (NEA, 2019). The information contained in the above report was gathered via an extensive, 55-question survey sent to all NEA member countries. The scope of the survey was broad and applied to both nuclear power and research reactors. The report, however, applies only to nuclear power reactors. In many if not most instances, the laws and regulations related to research reactors differ from those related to nuclear power reactors. It was thus determined that a report with a narrower focus on nuclear power reactors would provide more useful, targeted and insightful information. With this narrower scope, the report has been able to comprehensively address multiple, important themes. These include all of the significant legal and policy aspects relating to a country's legal and regulatory framework for LTO. Specific areas of focus include: the primary legal documents detailing the legal framework; the scope of the safety and environmental assessment for LTO, with a comparison to initial licensing reviews; the ability to impose new safety and environmental requirements; the degree of public access to information on safety and environmental issues; the extent of public participation in safety and environmental issues; legal challenges to safety and environmental issues. Official information was provided by 25 countries, 24 of which are NEA member countries. In total, the report covers 359 (80%) of the world's operating nuclear power reactors. The report is structured into two main sections. The first main section provides the international context, with an overall review of the different approaches to LTO. This section analyses information related to: licensing framework; responsible governmental entities for the review and authorisation or approval of LTO; regulatory approaches to authorising or approving LTO; environmental reviews and transboundary notification; new safety requirements; provision of information; public participation; and legal challenges. The second section of the report provides a detailed review of national policies on LTO. Each country report is drafted so that it can be read and understood separately from the report as a whole. When applicable, each country report provides key data regarding the status of nuclear power reactor operation, important details about the designed and authorised periods, terminology, main laws/regulations/ documents for initial operation and LTO, responsible government bodies, application and review timing, scope of review (both safety and environmental), new safety and transboundary notification requirements. Each country report concludes, as far as applicable, with a review of the available avenues for access to information and public participation during the LTO-approval process in the individual reporting country, as well as the opportunities and procedures to initiate legal challenges