ASN Report 2018

2 —  Reinforcing the right to information and participation of the public 6. See Article L. 121-15 of the Environment Code. ASN is extremely vigilant in the application of all the legislative and regulatory provisions relative to transparency and access of the various audiences to information. ASN also ensures they are applied by the licensees under its oversight, and it endeavours to facilitate interchanges between the stakeholders. 2.1  ̶  Information provided by the licensees The main licensees of nuclear activities implement a proactive public information policy. They are also subject to a number of legal obligations, either general, such as the environmental report required by the Commercial Code for joint stock companies, or specific to the nuclear sector as detailed below. • The annual public information report drawn up by the BNI licensees All BNI licensees must establish an annual report concerning more specifically their situation and the steps they take with regard to the prevention of risks for public health and the environment (6) . ASN has published recommendations for the drafting of these reports in a guide published in 2010 (ASN Guide No. 3). The reports are often presented at CLI meetings (see point 2.3.4). • Access to information in the possession of the licensees Since the TSN Act came into force, the nuclear field has a system governing public access to information. In application of the Environment Code, licensees must communicate to any person who so requests, the information they hold on the risks their activity presents for public health and the environment and on the measures taken to prevent or mitigate these risks. This right to information on the risks also concerns those responsible for the transport of radioactive substances when the quantities involved exceed the thresholds set by law. • The Commission for Access to Administrative Documents (CADA) If a licensee refuses to communicate a document, the requesting party can refer the issue to the Commission for Access to Administrative Documents (CADA), an independent administrative Authority. If the opinion of the CADA is not followed, the dispute may be taken before the administrative jurisdiction which will rule on whether or not the information in question can be communicated. ASN is particularly attentive to the application of this right to information. 2.2  ̶  Information given to people living in the vicinity of basic nuclear installations The TECV Act has instituted an obligation to regularly inform the people living in the vicinity of a BNI of the nature of the accident risks associated with that installation, the envisaged consequences of such accidents, the planned safety measures and the action to take in the event of an accident. This information is provided at the expense of the licensee. In 2018 and 2019, the radius of the zone around nuclear installations in which the resident populations will receive regular information on the state of safety of the installations and instructions to follow in the event of an emergency, will be extended from 10 km to 20 km. This extension of the zone covered by the “Off-site Emergency Plan” (PPI) aims to align French practices with European practices with regard to risk prevention. The population basins concerned by the information on the nuclear sites are significantly larger: 2018 was a year of collective reflection (Ministries of the Interior, Health, National Education, healthcare professionals, ASN, CLIs, IRSN, etc.) on the means to implement to succeed in this scaling up. 2.3  ̶  Consultation of the public on draft opinions, guides and resolutions Article 7 of the Environment Charter embodies the right of participation of any citizen in the framing of public decisions having an impact on the environment. This provision is applicable to a large proportion of the resolutions issued by ASN or decisions in which it participates by formulating opinions (draft decrees and orders issued by the Government in particular). In 2018, 111 draft resolutions, opinions and guides were thus subject to public consultation. 2.3.1  –  Public consultation on draft ASN regulations Article L. 123-19 of the Environment Code provides for a procedure of consultation of the public via the Internet on draft regulatory texts having an impact on the environment. ASN has decided to apply this widely. Consequently, all draft ASN regulations concerning BNIs, including those relating to nuclear pressure equipment, are considered as having an impact on the environment and are therefore subject to public participation. The same approach is applied for the ASN regulations relative to the transport of radioactive substances. ASN’s regulations relating to radiation protection are also submitted to public participation if they concern activities involving significant discharges into the environment, producing a significant quantity of waste, causing significant nuisance for the neighbourhood or representing a risk for the people living nearby and the surrounding environments in the event of an accident. Lastly, although they are not of a statutory nature, ASN applies this same procedure to certain draft guides and draft opinions. Four consultations held in 2018 concerned draft ASN regulations. Consultations, what they involve The public participation procedure consists in posting the draft ASN regulation on the website for at least 21 days in order to give people time to make their comments. An indicative list of the scheduled consultations on draft ASN regulations and guides having an impact on the environment is updated every three months on asn.fr . A synthesis of the remarks received, indicating how they were taken into account and a document setting out the reasons for the regulation are published on asn.fr at the latest on the date of publication of the regulation. 176  ASN report on the state of nuclear safety and radiation protection in France in 2018 05 – INFORMING THE PUBLIC AND OTHER AUDIENCES