ASN Report 2018

1.2  ̶  The scope of regulation of nuclear activities Article L. 592-22 of the Environment Code states that ASN must regulate compliance with the general rules and particular requirements of safety and radiation protection, applicable to: ∙ ∙ licensees of BNIs; ∙ ∙ the manufacturers and users of Nuclear Pressure Equipment (NPE) used in the BNIs; ∙ ∙ those in charge of radioactive substances transport; ∙ ∙ those in charge of activities entailing a risk of exposure of individuals and workers to ionising radiation; ∙ ∙ those in charge of implementing ionising radiation exposure monitoring measures; ∙ ∙ the nuclear licensees, their suppliers, contractors or sub- contractors when they carry out activities important for the protection of persons and the environment outside the perimeter of the BNIs. In this chapter, these persons or entities are called the “licensees”. ASN also oversees the entities and laboratories that it approves in order to take part in the inspections and oversight of nuclear safety and radiation protection. ASN is responsible for labour inspectorate duties in the nuclear power plants (see chapter 10). 2 —  Ensuring that regulation is proportionate to the implications ASN organises its regulatory work in a way that is proportionate to the implications of the activities. It follows a continuous improvement approach to its regulation and oversight practices in order to consolidate the effectiveness and quality of its actions. It uses the experience feedback from forty years of nuclear activity oversight and the exchange of best practices with its foreign counterparts. The licensee is the key player in the regulation of its activities. ASN regulates nuclear activities by various means: ∙ ∙ inspection, generally on-site, or in an inspected department, or at carriers of radioactive substances. It consists in performing spot checks on the conformity of a given situation with regulatory or technical baseline requirements but may also include an assessment of the licensee’s practices by comparison with current best practices; ∙ ∙ authorisation, following analysis of the applicant’s demonstration that its activities are satisfactorily managed in terms of radiation protection and safety; ∙ ∙ operating experience feedback, more specifically through analysis of significant events; ∙ ∙ approval of entities and laboratories taking part in radioactivity measurements and radiation protection inspections, as well as qualification of entities for pressure equipment monitoring; ∙ ∙ presence in the field, also frequently outside actual inspections; ∙ ∙ consultation with the professional organisations (trades unions, professional orders, learned societies, etc.). The performance of certain inspections by organisations and laboratories offering the necessary guarantees, as validated by ASN approval or qualification, contributes to the oversight of nuclear activities. 2.1  ̶  Oversight by ASN The licensee is required to provide ASN with the information it needs to meet its regulatory responsibilities. The volume and quality of this information should enable ASN to analyse the technical demonstrations presented by the licensee and target the inspections. It should also allow identification and monitoring of the milestones in the operation of a nuclear activity. • Regulation and monitoring of Basic Nuclear Installations Nuclear safety is “the set of technical provisions and organisational measures – related to the design, construction, operation, shutdown and decommissioning of Basic Nuclear Installations (BNIs), as well as the transport of radioactive substances – which are adopted with a view to preventing accidents or limiting their effects” . This notion includes the measures taken to optimise waste and effluent management. The safety of nuclear installations is based on the implementation of the following principles, defined by the International Atomic Energy Agency (IAEA) in its fundamental safety principles for nuclear installations (Safety series No. 110) and then to a large extent incorporated into the European Directive on Nuclear Safety of 8 July 2014, which modifies that of 2009: ∙ ∙ responsibility for nuclear safety lies primarily with the licensee; ∙ ∙ the organisation responsible for regulation and oversight is independent of the organisation responsible for promoting or using nuclear power. It must have responsibility for licensing, inspection and formal notice, and must have the authority, expertise and resources necessary for performance of the responsibilities entrusted to it. No other responsibility shall compromise or conflict with its responsibility for safety. In France, the Environment Code defines ASN as the organisation meeting these criteria, except for Defence-related nuclear facilities and activities, which are regulated by the provisions of the Defence Code. Ordinance 2016-128 of 10 February 2016 implementing the Energy Transition for Green Growth Act 2015-992 of 17 August 2015 (TECV Act) expanded the scope of ASN regulation to the suppliers, contractors and subcontractors of licensees, including for activities performed outside BNIs. In its regulatory duties, ASN is required to look at the equipment and hardware in the installations, the individuals in charge of operating it, the working methods and the organisation, from the start of the design process up to decommissioning. It reviews the steps taken concerning nuclear safety and the monitoring and limitation of the doses received by the individuals working in the facilities, and the waste management, effluents discharge monitoring and environmental protection procedures. • Regulation of pressure equipment Numerous systems in nuclear facilities contain or carry pressurised fluids. In this respect they are subject to the regulations applicable to pressure equipment, which include NPE. The Environment Code states that ASN is the administrative Authority with competence for issuing licensing decisions and checking the in-service monitoring of the pressure equipment installed within the perimeter of a BNI. ASN report on the state of nuclear safety and radiation protection in France in 2018  133 03 – REGULATION OF NUCLEAR ACTIVITIES AND EXPOSURE TO IONISING RADIATION 03