1.4 ASN’s relations with elected officials and institutional bodies Each year, ASN presents its annual Report on the state of nuclear safety and radiation protection in France to the Parliamentary Office for the Evaluation of Scientific and Technological Choices (OPECST). This report, which constitutes the reference document on the state of the activities regulated by ASN, is also submitted to the President of the Republic, to the Government and to Parliament. It is sent out to more than 2,000 addressees: heads of administrative authorities, elected officials, licensees and persons/entities in charge of regulated activities or installations, associations, professional unions and learned societies, etc. Each year ASN is given about ten hearings before Parliament on its activity, on subjects relating to nuclear safety and radiation 2. See Article L. 121-15 of the Environment Code. protection and in the context of the budget bill. ASN also maintains regular contact with the national and local elected officials, advising and assisting them at their request. 1.5 International cooperation in the field of communication ASN invests itself on the international scene to promote experience feedback and the sharing of best practices in informing the public. ASN participates in the Working Group on Transparency of the European Nuclear Safety Regulators Group (ENSREG); it participates regularly in the work of the International Atomic Energy Agency (IAEA). ASN is currently chairing the Working Group on Public Communication of the Nuclear Energy Agency (NEA). 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 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(2). ASN has published recommendations for the drafting of these reports in ASN Guide No. 3. The reports are often presented at the Local Information Committee (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 that fosters 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 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 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, 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 2021, 91 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 regulations 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 Report on the state of nuclear safety and radiation protection in France in 2021 185 05 – INFORMING THE PUBLIC AND OTHER AUDIENCES 08 07 13 04 10 06 12 14 03 09 05 11 02 AP 01
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