ASN Report 2017

114 ASN report on the state of nuclear safety and radiation protection in France in 2017 Chapter 03  - Regulations Creation Authorisation Decree The Minister responsible for Nuclear Safety sends the licensee a preliminary draft Decree granting or refusing Creation Authorisation (DAC, see Diagram 4). The licensee has a period of two months in which to present its observations. The Minister then obtains the opinion of ASN. ASN resolution 2010-DC-0179 of 13th April 2010 gives licensees and the CLIs the possibility of being heard by the ASN Commission before it gives its opinion. The creation authorisation for a BNI is issued by a decree from the Prime Minister countersigned by the Minister responsible for Nuclear Safety. The Creation Authorisation Decree (DAC) establishes the perimeter and characteristics of the facility. It also specifies the duration of the authorisation, if applicable, and the installation commissioning deadline. It also specifies the essential elements required to protect public health and safety, or to protect nature and the environment. The requirements defined by ASN for application of the Creation Authorisation Decree For application of the DAC, ASN defines the requirements regarding the design, construction and operation of the BNI that it considers to be necessary for nuclear safety. ASN defines the requirements regarding the BNI water intake and effluent discharges. The specific requirements setting limits on the environmental discharges from the BNI under construction or in operation are subject to approval by the Minister responsible for Nuclear Safety. 3.3.4 Commissioning authorisation Commissioning corresponds to the first utilisation of radioactive materials in the installation or the first operation of a particle beam. Prior to commissioning, the licensee sends ASN a dossier comprising the updated safety analysis report of the “as-built” installation, the general operating rules, a waste management study, the on-site emergency plan and the decommissioning plan. After checking that the installation complies with the objectives and rules specified in Chapter III of Title IX of Book V of the Environment Code and its implementing texts, ASN authorises commissioning of the installation and communicates this decision to the Minister responsible for Nuclear Safety and to the Prefect. It also communicates it to the CLI. 3.3.5 BNI modifications The BNI System, as modified by the Act of 17th August 2015, makes provision for two cases when dealing with modifications to the facility or its operating conditions: ཛྷ ཛྷ “Substantial” modifications to the facility, its authorised operating procedures or elements which led to its authorisation, specified in Article L. 593-14 of the Environment Code: these modifications are the subject of a procedure similar to that of a creation authorisation application in accordance with the procedure specified in Articles L. 593-7 to L. 593-12 of this same Code. A modification is considered to be “substantial” in the cases mentioned in Article 31 of the Decree of 2nd November 2007, that is: -- a change in the nature of the installation or an increase in its maximum capacity; -- a modification of the key elements protecting the interests mentioned in the first paragraph of Article L. 593-1 of the Environment Code, which appear in the authorisation decree; -- the addition, within the perimeter of the facility, of a new BNI, the operation of which is linked to that of the facility in question. ཛྷ ཛྷ The other modifications having an impact on the protected interests are “significant” modifications to the installation, its authorised operating procedures, elements which led to its authorisation or its commissioning (they correspond to the former modifications subject to “Article 26 notification” of the Decree of 2nd November 2007). Depending on their importance, they require either notification to ASN or authorisation by ASN under the terms of Article L. 593-15 of the Environment Code (the version resulting from the Act of 17th August 2015). This same Article states that these modifications may be opened up for public consultation. Until 31st December 2017, pursuant to an interim provision of the Decree of 28th June 2016, the internal licensing systems of the licensees, approved by ASN, acted as the list of modifications subject to notification. This transitional situation came to an end with the adoption of ASN resolution 2017- DC-0616 of 30th November 2017 concerning noteworthy modifications to BNIs. The other installations located within a BNI perimeter The following co-exist within the perimeter of a BNI: ཛྷ ཛྷ equipment and installations necessary for operation of the BNI. Depending on its type, this equipment may technically be comparable to an ICPE, but because it is a part of a BNI, it is subject to the system and regulations applicable to BNIs; ཛྷ ཛྷ equipment and installations which are not linked to the BNI. These are the “not necessary” equipment and installations on the Installations, Structures, Works and Activities (IOTA) or ICPE lists, situated within or carried out within the perimeter of the BNI: they remain subject to these systems, with ASN retaining competence for individual FUNDAMENTALS General Operating Rules The General Operating Rules are the “highway code” for BNIs. They are defined by the licensee and examined by ASN prior to commissioning of the facility and then with each modification affecting the protected interests. They constitute an interface document between design and operation. They determine a set of specific rules, for which compliance guarantees that operation of the facility remains within the range covered by the nuclear safety case.