Counterfeit, falsification and suspected fraud in the nuclear field: ASN reviews the situation

As is the case in all areas of activity, the nuclear sector is not immune to the problems of counterfeit, falsification and suspected fraud. This requires the deployment of specific efforts to prevent and detect them and, whenever discovered, to deal with the consequences.

Following the discovery of irregularities in the manufacturing files of parts intended for the nuclear sector at the Le Creusot foundry in early 2016, ASN carried out measures specifically intended to prevent, detect and deal with irregularities.

It is first of all up to the licensees, who have prime responsibility for safety, to prevent fraud, detect it and take the necessary steps to deal with any confirmed cases

In accordance with the principle of the licensee’s prime responsibility for nuclear safety, ASN sent a letter to the licensees on 15 May 2018, reminding them that it was their responsibility to implement measures to prevent, detect and deal with fraud. This letter also asked them to inform ASN of any case of fraud detected, and to inform the other nuclear licensees. Finally, this letter asked that their personnel, along with that of their subcontractors and suppliers, be fully informed of the availability of a whistle-blower page on the ASN website.

In addition, ASN is making the suppliers aware of this. A specific informative guide intended for the nuclear sector suppliers is currently being finalised.

ASN processes the whistle-blower reports received on the application it has put in place

At the same time, ASN has put in place an application on its website dedicated to whistle-blowers, which has been modified to take account of the requirements introduced by Decree 2022-1284 concerning the procedures for collecting and processing the reports submitted by whistle-blowers. This Decree appointed ASN as the outside authority for collecting reports in the field of nuclear safety and radiation protection. This application guarantees the protection of whistle-blowers and the confidential treatment of the information received. In 2023, 33 reports were submitted to asn.fr.

ASN examines all these reports and processes them appropriately, for example by conducting unannounced inspections to check the information received.

In its oversight programme, ASN now includes inspections dedicated to fraud prevention

In addition, a specific system of inspections was reinforced in 2017, both within the nuclear facilities and at the suppliers. In 2023, ASN carried out 53 inspections at the suppliers of the main nuclear licensees.

This system as a whole helps reinforce the prevention of counterfeit, falsification and suspected fraud. It also enabled actual cases to be brought to light. In 2023, ASN thus identified 43 cases (some transmitted by foreign safety regulators). These cases fall into two main categories:

- Irregularities in the nuclear facilities: In most cases, this involves staff claiming to have performed an action (specific check or maintenance activity), whereas in reality they did not. These cases are generally detected during the internal checks conducted by the licensees or, more rarely, by the ASN inspectors. ASN handles these irregularities in a way similar to significant events, by analysing the remedial, corrective and preventive measures implemented by the licensees.

- Irregularities at the suppliers of equipment intended for nuclear facilities. This can involve the falsification of certificates (list of mechanical and chemical characteristics of a material, or qualifications of welders, for example), or incorrect entries in the parts manufacturing tracking documents (omission of certain repairs for example).

Although the irregularities of the first type can potentially concern all the nuclear facilities, those of the second type primarily concern facilities to which large amounts of equipment are delivered, that is facilities under construction (Flamanville EPR , ITER, Jules Horowitz reactor). This is why, in preparation for the construction of new reactors, ASN will continue to reinforce its supplier oversight measures.

Processing of identified cases

Whatever the type of irregularity detected, ASN begins by analysing the corresponding potential safety consequences. The resulting measures depend on the conclusions of this initial analysis.

In those cases with the highest safety implications, ASN informs the public prosecutor’s offices of the information in its possession, pursuant to Article 40 of the Code of Criminal Procedure. Ten cases are currently being investigated by the judiciary and are covered by confidentiality restrictions.

Those cases with lesser safety implications are the subject of:
-  a letter asking the licensees and suppliers to verify whether or not they are concerned and if so, to analyse the impact on the facilities and on equipment manufacturing. Their replies are then examined;
- a simple notification of the licensees and suppliers.
Feedback from this process is shared with other French and foreign regulatory authorities.

Particular case of irregularities concerning nuclear pressure equipment (NPE)

Each irregularity detected requires that specific investigations be carried out by the licensees concerned and their subcontractors. ASN verifies the robustness of these investigations by means of technical exchanges and inspections, while sometimes calling in accredited organisations for the purpose of inspections. These verifications concern the causes, the identification of the scope of the irregularities, the action plans implemented, as well as the consequences for equipment conformity and the safety of the facility. ASN can thus request additional tests (non-destructive checks, taking of metal samples for analysis, etc.). These ASN verifications are carried out in parallel with any legal action being taken.

ASN conducts inspections to ensure that the action plans implemented following the discovery of irregularities are correctly carried out and actually produce results.

The same type of approach is used in the case of irregularities concerning protection important equipment (EIP) other than NPE.

To find out more

Letter of 15 May 2018 concerning the prevention, detection and processing of fraud