Regulatory Approach to Nuclear New Build: Ensuring Safety and Security

1. Annual Report 2012 Parliamentary Portfolio Committee Presentation

2. REGULATORY APPROACH TO NEW BUILD

3. Approach to Regulation The NNR requires that the Nuclear New Build project complies with the highest level of safety and security. The NNR approach to regulation is to set overall safety standards and objectives and requires the applicant or authorisation holder to demonstrate compliance through safety assessments with these safety standards. The regulatory approach involves the use of regulations, safety standards, expounding on our regulatory philosophy, incorporating international experience feedback on generic safety issues, and also taking cognisance of lessons learnt from the Fukushima accident.

4. Approach to Regulation The NNR has also mapped out the licensing process that will be followed for the siting, design, and operation of a nuclear new build power station. The prerequisites for ensuring and effective regulatory review of a nuclear new build include the use of proven technology and the situation where the chosen technology had been previously licensed by a regulatory body already.

5. Nuclear Authorisations Prior to the granting (or otherwise) of an authorisation, the applicant has to provide a safety case (safety assessment and supporting information), which will be reviewed and assessed by the NNR in accordance with defined Safety Standards. The NNR has the authority to issue, amend, suspend or revoke authorisations and to set conditions of authorisations. The actions related to the nuclear new build shall be subject to the authorisation requirements and processes of the NNR.

6. Nuclear Authorisations • The NNR exercises regulatory control related to safety over actions to which the Act applies through the issuance of the following nuclear authorisations: • Nuclear Installation Licence • Nuclear Vessel Licence • Certificate of Registration • Certificate of Exemption • Nuclear Installation Siting Licence • Authorisation to Design • Authorisation to Manufacture

7. Nuclear Authorisations • Technical issues which are part of the early engagement process with Eskom are as follows: • External Events (tsunamis, earthquakes, floods, etc.) • Design objectives for new nuclear installations • Manufacturing oversight • Types of and stages of nuclear authorisations for nuclear installations • Public participation process • Format and content of Public Information Document • Emergency Planning technical basis • Digital Instrumentation and Control

8. Position Papers issued thus far by the NNR in preparation for New Build • In order to establish rules of engagement with the industry in regard to matters related to the regulation of Nuclear New Build the NNR has issued the following Position Papers with consultation from the industry: • Types of and stages of nuclear authorisations for nuclear installations • Manufacturing of components for nuclear installations. • Position Papers that are being progressed by the NNR are: • Position Paper on External Events • Conformity Assessment of Pressure Equipment in Nuclear Service • Emergency Planning Technical Basis for Nuclear installations • Digital Control and Instrumentation

9. Regulations Published thus far A regulation on siting, GNR 927 of 2011, has been promulgated that provides safety criteria and requirements for the selection and safety assessment of potential sites for nuclear power stations. An operating organisation such as Eskom now can undertake feasibility studies and proceed to select prospective sites for the construction of a new build nuclear power station.

10. Regulations that are in the pipeline • The regulations that are presently being developed are: • Scope of Regulatory Control • Safety of Nuclear installations • Transport Safety • Nuclear Security • The above regulations will be finalised by the NNR in early 2013 and will provide a platform for strengthened regulation on matters that are encompassing for actions that are related to the nuclear new build.

11. Regulatory independence The NNR operates independent from the government in terms of carrying out its mandate that ensures that public health is assured for all South Africans that are exposed to nuclear and radiation hazards.

12. Responsibility for nuclear safety The primary responsibility for ensuring protection of the health and safety of the workers and members of the public as well as protection of the environment against nuclear damage rests with the holder of a nuclear authorisation. Graded Approach to Regulation Regulatory activities are prioritized predominantly on the basis of radiological hazards to the environment, public and the workers, the types and quantities of nuclear and hazardous material, and the process and setting of the operations involved.

13. Nuclear Liability The operator of a nuclear installation is strictly liable for compensation associated with nuclear damage. Public Participation The NNR provides public information concerning its activities, both on a regular basis and in relation to events including nuclear incidents and nuclear accidents. Information provided to the public will be timeous, factual and objective. The NNR is as transparent as possible while complying with national legislation on confidentiality.

14. The licensing process The licensing process for new builds can be broken down in four main overlapping phases: Regulatory activities following an application for a nuclear installation licence for the siting of a nuclear installation. Early intervention/familiarisation phase (pre-licensing) prior to a formal application for a nuclear installation licence for the construction and operation of a nuclear installation. Regulatory activities following an application for a nuclear installation licence for the construction and operation of a nuclear installation, including public participation process. NNR Board review and decision process.