ASN Report 2022

Each year ASN is given about ten hearings before Parliament on its activity, on subjects relating to nuclear safety and radiation 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 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 transparency working group of the European Nuclear Safety Regulators Group (ENSREG); it takes part in the work of the International Atomic Energy Agency (IAEA) and 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, in accordance with Article L. 125‑15 of the Environment Code. These reports are made public and transmitted to the CLI for the installation concerned and to the French High Committee for Transparency and Information on Nuclear Safety – HCTISN (Article L. 125-16). Access to information in the possession of the licensees The nuclear sector has a system that fosters public access to information. In application of Article L. 125 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 by law (more specifically, communication of the requested information must not jeopardise: national defence secrecy, State security, public safety, research and prevention of violations of any sort by the competent services, business secrecy which includes the secrecy of processes, economic and financial information and commercial or industrial strategies). 2.2 Information given to people living in the vicinity of Basic Nuclear Installations Article L. 125‑16‑1 of the Environment Code makes it obligatory to regularly inform the population in the neighbourhood of a BNI (people residing or working within the perimeter of an Off-Site Emergency Plan – PPI) of the nature of the risks of an accident linked to this installation, on the potential consequences of such accidents, on 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. French law accordingly provides for a number of public participation instruments (public inquiries or on-line consultations). On this account, a large number of draft texts (ASN regulations or individual resolutions) subject to ASN opinion or produced by ASN, are subject to public participation. ASN has developed a policy that is highly favourable to public participation and it also consults the public on certain draft opinions or guides. 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 public consultation 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. Sixteen consultations held in 2022 concerned draft ASN regulations. The consultation for ASN regulations relating to radiation protection can be conducted on the basis of Article R*. 132‑10 of the Code of Relations between the Public and the Administration when these regulations do not come under Article L. 123‑19‑1 of the Environment Code. ASN Report on the state of nuclear safety and radiation protection in France in 2022 187 • 05 • Informing the public 05 01 07 08 13 AP 04 10 06 12 14 03 09 11 02