Licensing procedures for interim storage of spent fuel in Germany

1. IAEA-CN-178/05-03 Licensing procedures for interim storage of spent fuel in Germany J. Palmes, R. WähningFederal Office for Radiation Protection - Bundesamt für Strahlenschutz – International Conference on Management of Spent Fuel from Nuclear Power Reactors Vienna, 31 May – 4 June 2010

2. Interim storage facilities for spent nuclear fuel in the Federal Republic of Germany Central Interim Storage Facility Brunsbüttel (BWR) Brokdorf (PWR) Krümmel (BWR) ZLN Unterweser (PWR) Emsland (PWR) TBL Gorleben Grohnde (PWR) TBL Ahaus AVR- Behälterlager Jülich On-Site Interim Storage Facility in operation Grafenrheinfeld (PWR) On-Site Interim Storage Facility applied for Biblis (PWR) Philippsburg (PWR/BWR) Isar (PWR/BWR) Obrigheim (former PWR) Gundremmingen (BWR) Neckarwestheim (PWR)

3. Concept of dry interim storage of spent nuclear fuel Subcriticality Dissipation of decay heat Radiation shielding Safe enclosure of radioactive material

4. Legal basis for interim storage of spent nuclear fuel Atomic Energy Act (AtG), art. 6: The storage of nuclear fuel requires a license. As well, any significant modification of the licensed storage requires a license. The license must be granted if the licensing requirements are met: • reliability and technical qualification of the applicant and the persons responsible for leading and managing the storage, • precaution against harm and damages caused by the storage according to the state of the art of science and technology, • sufficient financial security to cover the liability for damages caused by the storage and • protection against disruptive actions or other third-party intervention.

5. Legal Framework Environmental Impact Assessment Act Atomic Energy Act (AtG), art. 6 Radiation Protection Ordinance Nuclear Licensing Procedure Ordinance Ordinance on Reliability of responsible persons Ordinance on Financial Liability Licensing requirements Licensing procedure Safety Guidelines for Dry Interim Storage of Irradiated Fuel Assemblies in Casks

6. Roles and Responsibilities Competent licensing authority for interim storage of spent fuel: Federal Office for Radiation Protection (BfS) - Art. 23 Atomic Energy Act Competent licensing authority for a building permission local authorities pursuant to the legislation of the Federal State in which the facility is located External experts Assigned by the licensing or the supervisory authority - Art. 20 Atomic Energy Act Competent supervisory authority: Authorities of the Federal Statein which the facility is located - Art. 24 Atomic Energy Act

7. Formalized licensing procedure Application Building authority of the federal state Federal Office for Radiation Protection Licensing authority according to the Atomic Energy Act Public participation Verification of compliance with thelicensing requirements according to Art. 6 para. 2 Atomic Energy Act Verification of compliance with the licensing requirementsfor a building permission Environmental Impact Assessment Statement on constructive aspects Participation of concerned authorities Hearing of the applicant license draft Decision about the applied storage Building Permission License for Storage of Spent Fuel

8. Public Participation Announcement of the application in the Federal Bulletin and local daily papers: basic informations on the project, period and location of the disclosure of the basic application documents disclosure of the basic project documents for public inspection for two monthsat a public location near the site of the applied facility and at BfS: application, safety report and short description of the project, environmental impact study, further decisive documents Opportunity to raise objections against the project within the presentation period,exclusion of further objections after the expiry of the term Hearing of the objectors and discussion of the objections at a location near the site of the applied facility,precise documentation in a transcript of the hearing Announcement of the final decision and disclosure of the notice of approval, which contains a justification of the decision including an evaluation of the objections and of the environmental impacts

9. Non-formalized licensing procedure Application (Modification of licensed storage) Federal Office for Radiation Protection Licensing authority according to the Atomic Energy Act Case-by-case Examination of possible environmental impacts:decision about environmental impact assessment EIA is not necessary: announcement to public, non-formalized procedure Necessity to coduct EIA: formalized procedure Verification of compliance with the licensing requirements according to Art. 6 para. 2 Atomic Energy Act Participation of concerned authorities Hearing of the applicant license draft Decision about the applied storage Amending License

10. Current licensing procedures - Interim storage facility at the site of the NPP Obrigheim Basic Licenses - Further types of fuel elements - Fuel elements with missing fuel rods - Fuel elements with defect fuel rods - Neutron sources/absorber elements - Fuel elements with control rods - further types of transport- and storage casks Supplementary Licenses(continuation of the basic licensing procedure) - New or modified types of transport- and storage casks - Modified inventory and loading of transport- and storage casks Amending Licenses

11. Storage Facility in Obrigheim: Involvement of the Public Public presentation of the basic application documents: 8th May until 7th July 2008 in the Town Hall of Obrigheim and the Federal Office for Radiation Protection, Salzgitter Number of objectors: 897 Different objections: 20 Hearing of the objectors: 8th until 10th October 2008 Participants:- about 25 objectors - applicants- BfS as licensing authority- assigned independent experts - building authority, supervisory authority Photo: BfS

12. Transport and storage casks in the interim storage facility of Gorleben Photo: GNS