ASN Report 2020

1.6  The ASN staff and information In order to issue high-quality, clear and understandable information, ASN offers its staff training in spoken and written communication and emergency management, tailored to their various responsibilities. ASN has a duty to inform the public in the event of an emergency situation (2) . In order to prepare for this, ASN staff receive 2. Pursuant to Article L. 592-32 of the Environment Code. 3. See Article L. 121-15 of the Environment Code. specific training and take part in emergency exercises. About ten emergency exercises are held each year, with simulated media pressure from journalists designed to test ASN’s responsiveness to the media, as well as the consistency and quality of the messages put across by the various players, both nationally and locally (see chapter 4). 2. Reinforcing the right to information and participation of the public 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 nuclear activity licensees 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 Basic Nuclear Installation 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 (3) . 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 Act on Transparency and Security in the Nuclear Field (called the “TSN Act”) came into force, the nuclear sector has a system governing public access to information. In application of the Environment Code, licensees must commu­ nicate 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 responsible for the transport of radioactive substances when the quantities involved exceed the thresholds set by law. The Commission for Access to Administrative Documents 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 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.). 2.2  Information given to populations living in the vicinity of Basic Nuclear Installations The Energy Transition for Green Growth Act (known as 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. 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 2020, 90 draft guides, opinions and resolutions were thus submitted for public consultation, including the draft concerning the conditions for continued operation of the 900 MWe reactors beyond 40 years. 2.3.1 Consultation of the public on draft ASN resolutions Article L. 123-19-1 of the Environment Code provides for a 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 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. Three consultations in 2020 concerned draft ASN regulations. 190 ASN Report on the state of nuclear safety and radiation protection in France in 2020 05 – INFORMING THE PUBLIC AND OTHER AUDIENCES