Basic problems of changing the safety regulations under the Atomic Energy Act as seen from a practical point of view

The basic problems associated with a change in nuclear safety regulations as a result of the introduction of a new 'Set of Nuclear Rules and Regulations' stem from the actual political boundary conditions, on the one hand, and from the interpretation of Sec.7, Subsec.2, Atomic Energy Act. The political boundary conditions as per coalition agreement of the present federal government of CDU, CSU, and SPD stick to the provision in the Atomic Energy Act that the operating life of nuclear power plants is limited by a defined electricity quota. The other boundary conditions result from the technical situation of the 17 nuclear power plants in operation, their valid licenses, and the Atomic Energy Act in force. The draft regulations of the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU) are discussed in the light of these boundary conditions and of aspects of the 'state of the art' and in 'comparison with the law on protection against exposure to toxic or noxious agents'. In summary, it is found that a body of regulations for 17 highly different plants (with the exception of 2 boiling water and 3 pressurized water reactors), which are covered by valid licenses and have been adapted to the state of the art continuously where possible, which regulations actually do not regulate anything and do not put into more specific terms the provisions against damage necessary in accordance with the state of the art, are more of a burden than a help in practice. (orig.)