ASN Report 2017

117 ASN report on the state of nuclear safety and radiation protection in France in 2017 Chapter 03  - Regulations Finally, Article L. 593-28 provides for the possibility of decommissioning a part of a BNI. The legal framework for BNI decommissioning, in particular the modifications made by the Act of 17th August 2015, is described in detail in chapter 15. The final shutdown of a BNI is the responsibility of the licensee, which must notify the Minister responsible for Nuclear Safety and ASN no later than two years prior to final shutdown (this period may be shorter if so justified by the licensee). As of that date, the licensee is no longer authorised to operate its facility, which is considered to be finally shut down and must be decommissioned. Article L. 593-26 of the Environment Code states that until the decommissioning decree comes into force, the facility remains governed by the provisions of its Creation Authorisation Decree and the ASN prescriptions, which may be added to or modified if necessary. In a revised version of Guide No. 6, ASN specified the regulatory framework for the BNI decommissioning operations, following work to clarify the implementation of the administrative procedures (see chapter 15). Installation delicensing Following decommissioning, a nuclear installation can be delicensed. It is then removed from the BNI list and is no longer subject to the BNI System. To support its delicensing application, the licensee must provide a dossier demonstrating that the envisaged final state has indeed been reached and describing the state of the site after decommissioning (analysis of the state of the soil and remaining buildings or equipment, etc.). Depending on the final state reached, institutional controls may be implemented, taking account of the intended subsequent use of the site and buildings. These may contain a certain number of restrictions on use (to be used only for industrial applications for example) or precautionary measures (radiological measurements to be taken in the event of excavation, etc.). ASN can make the application of such institutional controls a prerequisite for delicensing of a BNI. Guides N° 14 and N° 24 published on 30th August 2016 set out recommendations for the post-operational clean-out of structures, on the one hand and for management of soils contaminated by BNI activities, on the other. 3.5.3 The financing of decommissioning and radioactive waste management Sections 1 and 2 of Chapter IV of Title IX of Book V of the Environment Code create an arrangement for ring- fencing funds to meet the costs of decommissioning nuclear facilities and managing radioactive waste (see chapter 15, point 1.4). These arrangements are clarified by the Decree of 23rd February 2007 concerning the secure financing of nuclear costs, modified by the Decree of 24th July 2012 and the Order of 21st March 2007 concerning the secure financing of nuclear costs. The legal system created by these texts aims to secure the financing of these costs, through implementation of the “polluter-pays” principle. It is therefore up to the nuclear licensees to ensure this financing, by setting up a portfolio of assets dedicated to the expected costs. This is done under the direct control of the State, which analyses the situation of the licensees and can prescribe measures should it be seen to be insufficient or inadequate. In any case, the nuclear licensees remain responsible for the satisfactory financing of their long-term costs. It stipulates that the licensees must make a prudent assessment of the cost of decommissioning their installations or, for radioactive waste disposal facilities, their final shutdown, maintenance and monitoring costs. They also evaluate the cost of managing their spent fuel and radioactive waste, according to Article L. 594-1 of the Environment Code. Pursuant to the Decree of 23rd February 2007, ASN issues an opinion on the consistency of the decommissioning and spent fuel and radioactive waste management strategy presented by the licensees with regard to nuclear safety. From among the assets liable to be accepted to cover the provisions for the costs mentioned in Article L. 594-1 of the Environment Code (decommissioning of facilities, final shutdown, maintenance and monitoring costs, spent fuel and radioactive waste management costs), the Decree of 24th July 2013 identifies those which are mentioned by the provisions of the Insurance Code and those which are specific to the licensees of nuclear facilities. It makes certain types of debts acceptable (notably certain medium-term negotiable bonds and securitisation mutual funds) and, in certain conditions, unquoted stock; as a result of this extension, it more specifically clarifies the exclusion criteria for unquoted intra-group stock. It sets the maximum value of the assets within a given category or from the same issuer and determines new ceilings for assets that have become acceptable. In 2017, ASN issued its opinion on the consistency of the strategy submitted by the licensees in their three-yearly reports in 2016. 3.6 Particular requirements for pressure equipment Pressure equipment is subject to the provisions of Chapter VII of Title V of Book V of the Environment Code, which integrates the principles of the “new European approach”. New equipment must thus be designed and manufactured by its manufacturer in compliance with the essential safety requirements set out in the regulations and must undergo a conformity assessment by an ASN approved organisation. These provisions are supplemented by requirements applicable to in-service monitoring of the equipment, set out in section 14 of Chapter VII of Title V of Book V of the Environment Code. These recommendations came into force on 1st January 2018. On this same date, Decree 99-1046 of 13th December 1999 relative to nuclear pressure equipment was repealed. Pressure equipment specially designed for BNIs, known as “Nuclear Pressure Equipment” (NPE) is subject to both the BNI System and the pressure equipment system. For this equipment, specific Orders stipulate the provisions defined by the Environment Code. The Order in force is the 30th December 2015 Order on NPE. ASN assesses the conformity of the NPE most important for safety and qualifies organisations for the other NPE. Once