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 licensee’s expense. 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 development 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 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, ASN applies the same procedure to certain draft guides and draft opinions, even though they do not constitute ASN regulations within the meaning of Article L. 123-19-1. Ten consultations held in 2023 concerned draft ASN regulations. 2. Resolutions that apply to a licensee for a given installation. 3. In application of the provisions of Article L. 593-8 or L. 593-28 of the Environment Code. The consultation for ASN regulations concerning 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. 2.3.2 Consultation of the public on draft individual resolutions The individual resolutions(2) concerning nuclear safety and radiation protection can form the subject of several public consultation procedures which are presented below. The public inquiry In application of the Environment Code, the BNI creation authorisation and decommissioning applications are subject to a public inquiry(3). The file that undergoes the public inquiry contains the impact analysis and the risk control analysis, among other things. The impact analysis and the risk control analysis provide 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 nontechnical summary intended to facilitate the general public’s understanding of the information it contains. Since 2017, the public inquiry file can be consulted on line throughout the duration of the inquiry, and is 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 but can be consulted throughout the inquiry period under the conditions set by the order governing the inquiry. Article L. 593‑19 of the Environment Code requires the review report submitted by the licensee following the periodic safety reviews beyond the 35th year of operation of a nuclear power reactor to be subject to public inquiry. This provision is particular in that the public inquiry in this case does not concern a project that is subject to authorisation by the administration, but a safety review report drawn up by the licensee. Articles R. 593‑62‑2 to R. 593‑62‑9 of the Environment Code set the conditions necessary for holding this public inquiry, notably to foster the effectiveness of public participation by enabling the public to assess the safety improvements already implemented and planned by the licensee in the context of the continued operation of its installation. ASN must take the results of this public inquiry into account in the resolution it may then have to issue to set additional requirements. The public participation procedure consists, in the case of ASN regulations, in posting the draft regulation on the ASN website for at least 21 days in order to give people time to make their comments. A synthesis of the remarks received, indicating how they were taken into account and a document setting out the reasons for the regulation are published on asn.fr at the latest on the date of publication of the regulation. An indicative list of the scheduled consultations on draft ASN regulations and guides having an impact on the environment is updated every three months on asn.fr. For the individual resolutions: • it is the application file that is made available to the public if the resolution concerns an application, • documents are available for consultation for fifteen days at least. CONSULTATIONS, WHAT THEY INVOLVE ASN Report on the state of nuclear safety and radiation protection in France in 2023 187 • 05 • Informing the public 05 15 08 11 04 14 06 07 13 AP 03 10 02 09 12 01
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