ASN Report 2020

1. Verifying that the licensee assumes its responsibilities 1.1  The principles of ASN’s oversight duties ASN’s oversight aims primarily to ensure that those responsible for an activity effectively assume their obligations and comply with the requirements of the regulations concerning nuclear safety and radiation protection, in order to protect persons and the environment from radioactivity-related risks. It applies to all the phases in the performance of the activity, including the decommissioning phase for nuclear facilities: ∙ before the licensee exercises an activity subject to author­ isation, by reviewing and analysing the files, documents and information provided by the licensee to justify its project with regard to safety and radiation protection. This verification aims to ensure that the information and demonstration supplied are both relevant and sufficient; ∙ during exercise of the activity, by visits, inspections, verification of licensee operations entailing significant potential con­ sequences, review of reports supplied by the licensee and analysis of significant events. This oversight includes an analysis of any justifications provided by the licensee. ASN applies the principle of proportionality when determining its actions, so that the scope, conditions and extent of its regulatory action are commensurate with the human and environmental protection implications involved. When applicable, this oversight can call on the support of the French Institute for Radiation Protection and Nuclear Safety (IRSN). 1.2 T he scope of regulation of nuclear activities Article L. 592-22 of the Environment Code states that ASN must regulate compliance with the general rules and particular requirements of safety and radiation protection, applicable to: ∙ licensees of Basic Nuclear Installations (BNIs); ∙ the manufacturers and users of Nuclear Pressure Equipment (NPE) used in the BNIs; ∙ those in charge of Radioactive Substances Transport (TSR); ∙ those in charge of activities entailing a risk of exposure of individuals and workers to ionising radiation; ∙ those in charge of implementing ionising radiation exposure monitoring measures; ∙ the nuclear licensees, their suppliers, contractors or sub- contractors when they carry out activities important for the protection of persons and the environment outside the perimeter of the BNIs. In this chapter, these persons or entities are called the “licensees”. ASN also oversees the entities and laboratories that it approves in order to take part in the inspections and oversight of nuclear safety and radiation protection. ASN carries out labour inspect­ orate duties in the Nuclear Power Plants (NPPs) (see chapter 10). In France, the party responsible for a nuclear activity must ensure that this activity is safe. They cannot delegate this responsibility, and must ensure permanent monitoring of both this activity and the equipment used. Given the risks linked to ionising radiation for humans and the environment, the State regulates nuclear activities, a task it has entrusted to the French Nuclear Safety Authority (ASN). With the aim of ensuring greater administrative efficiency, ASN has also been entrusted with the oversight of regulations concerning the environment and Pressure Equipment (PE) in Basic Nuclear Installations (BNIs). Control and regulation of nuclear activities is a fundamental responsibility of ASN. Its primary goal is to ensure that a party responsible for a nuclear activity effectively assumes its obligations. ASN has a vision of control and regulation encompassing material, organisational and human aspects. Following safety and radiation protection assessments in each activity sector, the ASN implements its oversight action by issuing resolutions, binding requirements, inspection follow-up letters, plus penalties as applicable. The oversight priorities are defined with regard to the risks inherent in the activities, the behaviour of those responsible for the activities and the means they deploy to control them. In the priority areas, ASN must reinforce its oversight. Conversely, for lower-risk areas, ASN must be able to explicitly scale-back its regulation and oversight. Regulation of nuclear activities and exposure to ionising radiation 03 148 ASN Report on the state of nuclear safety and radiation protection in France in 2020