ASN Report 2020

The decommissioning phase may be preceded by a preparatory stage, provided for in the initial operating licence. This prepar­ atory phase allows for removal of a portion of the radio­ active and chemical substances as well as preparation for the decommissioning operations (readying of premises, preparation of worksites, training of teams, etc.). It is also during this preparatory phase that the installation characterisation operations can be carried out (radiological maps, collection of pertinent data such as the operating history) with a view to decommissioning. The fuel in a nuclear reactor can be removed during this phase. The Environment Code requires – as is the case for all other BNIs – that the safety of a facility undergoing decommissioning be reviewed periodically and at least every 10 years. ASN’s objective with these safety reviews is to ascertain that the installation com-plies with the provisions of its Decommissioning Decree and the associated safety and radiation protection requirements through to its delicensing by applying the principles of Defence in Depth specific to nuclear safety. On completion of decommissioning, a nuclear facility can be delicensed by an ASN resolution approved by the Minister responsible for nuclear safety. It is then removed from the list of BNIs and is no longer subject to the BNI regulatory framework. As part of its delicensing application, the licensee must provide a file containing a description of the state of the site after decommissioning (analysis of the state of the soils, remaining buildings or facilities, etc.) and demonstrating that the planned final state has been reached. Depending on the final state reached, ASN may require the implementation of active institutional controls as a condition of delicensing. These may set a number of restrictions on the use of the site and buildings (use limited to industrial applications for example) or precautionary measures (radiological measurements to be taken in the event of undermining (3) , etc.). 1.4  The financing of decommissioning and radioactive waste management Articles L. 594-1 to L. 594-10 and D. 594‑1 to D. 594‑18 of the Environment Code define the system for ring-fencing funds to cover the costs of decommissioning nuclear facilities and managing the spent fuel and radioactive waste. This system is 3. Undermining means the intentional excavation of a plot of land by soil extraction to conduct works (for example, digging the foundations of a construction). clarified by the Order of 21 March 2007 relative to securing the funding of the nuclear costs. It aims to secure the funding for nuclear costs in compliance with the “polluter-pays” principle. It is therefore up to the nuclear licensees to take charge of this financing by setting up a dedicated portfolio of assets capable of covering the expected costs. They are obliged to submit triennial reports on these costs and annual update notices to the Government. Provisioning is ensured under direct control of the State, which analyses the situation of the each licensee and can prescribe the necessary measures should it be found to be insufficient or inappropriate. The administrative authority with competence for this control is the General Directorate of the Treasury (DGT) and the General Directorate for Energy and the Climate (DGEC). Whatever the case may be, the nuclear licensees remain responsible for the satisfactory financing of their long-term costs. These costs are divided into five categories: ∙ decommissioning costs, excluding long-term management of radioactive waste packages; ∙ spent fuel management costs, excluding long-term management of radioactive waste packages; ∙ cost of retrieving and conditioning legacy waste, excluding long-term management of radioactive waste packages; ∙ costs of long-term management of radioactive waste packages; ∙ costs of surveillance following closure of the disposal facilities. The costs involved must be assessed using a method based on: 1) an analysis of the options that could be reasonably envisaged for the operation, 2) a conservative choice of reference strategy, 3) consideration of residual technical uncertainties and perfor­ mance contingencies, and 4) consideration of operating experi­ ence feedback. A Convention, signed by ASN and the DGEC for oversight of long-term costs by ASN, defines: ∙ the conditions in which ASN produces the opinions it is required to issue pursuant to Article D. 594-13 of the Environment Code, on the consistency of the strategies for decommissioning and management of spent fuels and radioactive waste; ∙ the conditions in which DGEC can call on ASN’s expertise pursuant to Article L. 594-4 of the said Code. Phases in the life of a Basic Nuclear Installation Shutdown notification Transmission of the decom- missioning file Final shutdown 2 years maximum* 2 years minimum 3 years maximum* 1 year maximum*** Transmission of the delicensing file Decommissioning Decommissioning preparation operations * Deadline extendable by two years in certain cases. ** The Decommissioning Decree takes effect on the date ASN approves the revision of the general operating rules and no later than one year after publication of the decree. *** Deadline extendable by one year. Creation Authorisation Decree Decommissioning Decree ** Delicensing resolution Operation of the BNI Delicensing 342 ASN Report on the state of nuclear safety and radiation protection in France in 2020 13 – DECOMMISSIONING OF BASIC NUCLEAR INSTALLATIONS

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