Abstracts ASN Report 2019

׫٫ ڲ Reinforcing the right to information and participation of the public ӆє ĸĸ ŅŇļĶĿĸ є ӄӅӄіӄӈׇłĹ ŇĻĸ ŁŉļŅłŁŀĸŁŇ łķĸє 4. Individual resolution: resolution that applies to a licensee for a given installation. ӈє Ł ĴŃŃĿļĶĴŇļłŁ łĹ ŇĻĸ ŃŅłŉļņļłŁņ łĹ ŅŇļĶĿĸ єӄӅӆіӄӅׇłĹ ŇĻĸ ŁŉļŅłŁŀĸŁŇ łķĸє 6. See: www.asn.fr/Reglementer/La-reglementation/Le-regime-juridique-des-installations-nucleaires-de-base/Les-autorisations-de-creation-et-de-mise- en-service-d-une-installation. 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. א ِ׏ XȇǔȒȸȅƏɎǣȒȇ ȵȸȒɮǣƳƺƳ ƫɵ Ɏǝƺ ǼǣƬƺȇɀƺƺɀ 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. • Áǝƺ ƏȇȇɖƏǼ ȵɖƫǼǣƬ ǣȇǔȒȸȅƏɎǣȒȇ ȸƺȵȒȸɎ ƳȸƏɯȇ ɖȵ ƫɵ Ɏǝƺ zX ǼǣƬƺȇɀƺƺɀ 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 (3) . ASN has published recommendations for the ķŅĴĹŇļŁĺ łĹ ŇĻĸņĸ ŅĸŃłŅŇņ ļŁ Ĵ ĺňļķĸ ŃňĵĿļņĻĸķ ļŁ ӅӃӄӃׇҎ Guide No. 3). The reports are often presented at CLI meetings ҎņĸĸׇŃłļŁŇ ӅєӆєӇҏє • ƬƬƺɀɀ ɎȒ ǣȇǔȒȸȅƏɎǣȒȇ ǣȇ Ɏǝƺ ȵȒɀɀƺɀɀǣȒȇ Ȓǔ Ɏǝƺ ǼǣƬƺȇɀƺƺɀ ļŁĶĸ ŇĻĸ ŅĴŁņŃĴŅĸŁĶŌ ĴŁķ ĸĶňŅļŇŌ ļŁ ŇĻĸ ňĶĿĸĴŅ ļĸĿķ ĶŇ łĹ June 2006, or TSN ACT, came into force, the nuclear field has a system governing public access to information. In application of the Environment Code, licensees must com- municate 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 reduce these risks. This right to information on the risks also concerns those respons- ible for the transport of radioactive substances when the quantities involved exceed the thresholds set by law. • Áǝƺ !ȒȅȅǣɀɀǣȒȇ ǔȒȸ ƬƬƺɀɀ ɎȒ ƳȅǣȇǣɀɎȸƏɎǣɮƺ (ȒƬɖȅƺȇɎɀ If a licensee refuses to communicate a document, the request- ing party can refer the issue to the Commission for Access to Administrative Documents (CADA), an independent admin- istrative 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, in compliance with the protection of interests provided for in law (security, business confidentiality, etc.). א ِ א XȇǔȒȸȅƏɎǣȒȇ Ǖǣɮƺȇ ɎȒ ȵƺȒȵǼƺ ǼǣɮǣȇǕ ǣȇ Ɏǝƺ ɮǣƬǣȇǣɎɵ Ȓǔ ƏɀǣƬ zɖƬǼƺƏȸ XȇɀɎƏǼǼƏɎǣȒȇɀ The Act relative to Energy Transition for Green Growth, or 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. א ِ ב !ȒȇɀɖǼɎƏɎǣȒȇ Ȓǔ Ɏǝƺ ȵɖƫǼǣƬ Ȓȇ ƳȸƏǔɎ ȒȵǣȇǣȒȇɀً ǕɖǣƳƺɀ ƏȇƳ ȸƺɀȒǼɖɎǣȒȇɀ ŅŇļĶĿĸ ӊׇłĹ ŇĻĸ ŁŉļŅłŁŀĸŁŇ ĻĴŅŇĸŅ ĸŀĵłķļĸņ ŇĻĸ ŅļĺĻŇ łĹ ŃĴŅŇļĶļŃĴŇļłŁ łĹ ĴŁŌ ĶļŇļōĸŁ ļŁ ŇĻĸ ĹŅĴŀļŁĺ łĹ ŃňĵĿļĶ ķĸĶļņļłŁņ 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). Ł ӅӃӄӌё ӌӄׇķŅĴĹŇ ŅĸņłĿňŇļłŁņё łŃļŁļłŁņ ĴŁķ ĺňļķĸņ ŊĸŅĸ ŇĻňņ subject to public consultation. א ِ ב ِ׏ ¨ɖƫǼǣƬ ƬȒȇɀɖǼɎƏɎǣȒȇ Ȓȇ ƳȸƏǔɎ ³z ȸƺǕɖǼƏɎǣȒȇɀ ŅŇļĶĿĸ є ӄӅӆіӄӌіӄׇłĹ ŇĻĸ ŁŉļŅłŁŀĸŁŇ łķĸ ŃŅłŉļķĸņ ĹłŅ Ĵ procedure of consultation of the public via the Internet on draft resolutions other than individual resolutions 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 łŁ ŇĻĸׇĸŁŉļŅłŁŀĸŁŇ ĴŁķ ĴŅĸ ŇĻĸŅĸĹłŅĸ ņňĵĽĸĶŇ Ňł ŃňĵĿļĶ ŃĴŅŇļĶļŃі ation. 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 submit- ted to public participation if they concern activities involv- ing 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. ļŉĸ ĶłŁņňĿŇĴŇļłŁņ ĻĸĿķ ļŁ ӅӃӄӌׇĶłŁĶĸŅŁĸķ ķŅĴĹŇ ŅĸĺňĿĴŇļłŁņє א ِ ב ِ א ¨ɖƫǼǣƬ ƬȒȇɀɖǼɎƏɎǣȒȇ Ȓȇ ƳȸƏǔɎ ǣȇƳǣɮǣƳɖƏǼ ȸƺɀȒǼɖɎǣȒȇɀ The individual resolutions (4) relating to nuclear safety and radiation protection can form the subject of several public consultation procedures which are presented below. • Áǝƺ ȵɖƫǼǣƬ ǣȇȷɖǣȸɵ In application of the Environment Code, the BNI creation authorisation and decommissioning applications form the subject of a Public inquiry (5) . The file that undergoes the public inquiry contains the impact analysis and the risk control analysis, among other things. The latter provides a clearly understandable inventory of the risks that the projected installation represents and an analysis of the measures taken to prevent these risks. This analysis also includes a non-technical summary intended to facilitate the general public’s understanding of the information it contains. Since 2017, the public inquiry files can be consulted (6) online throughout the duration of the inquiry, and are provided in printed format in one or more predetermined places as soon as the public inquiry opens. The preliminary safety report (a more technical document) is not included in the public inquiry file 180 ASN Report on the state of nuclear safety and radiation protection in France in 2019 ׎ ٲ ד INFORMING THE PUBLIC AND OTHER AUDIENCES