ASN Report 2017
67 ASN report on the state of nuclear safety and radiation protection in France in 2017 Chapter 02 - The principles of nuclear safety and radiation protection and the regulation and oversight stakeholders acceptable cost to the persons concerned (in terms of fatigue or stress) and provide a benefit to them (the feeling of a job well done, recognition by both peers and the hierarchy, development of new skills). Thus, an operating situation or a task achieved at very high cost to the operators is a potential source of risks: a small variation in the working context, human environment or working organisation can prevent the persons concerned from performing their tasks as expected. Integration of SOHF ASN considers that SOHF must be taken into account in a manner commensurate with the safety implications of the facilities and the radiation protection of workers during: ཛྷ ཛྷ the design of a new facility, equipment, software, transport package, or the modification of an existing one. ASN in particular wants to see design focusing on the human operator, through an iterative process comprising an analysis phase, a design phase and an evaluation phase. Therefore, the ASN resolution of 13th February 2014 concerning physical modifications to BNIs requires that “the design of the physical modification envisaged shall, when it is applied and put into operation, take account of the interactions between the modified or newly installed equipment on the one hand and the users and their needs on the other” ; ཛྷ ཛྷ operations or activities performed by the workers during the commissioning, operation and decommissioning of nuclear facilities, as well as during the transportation of radioactive substances. ASN also considers that the licensees must analyse the root causes (often organisational) of the significant events and identify, implement and assess the effectiveness of the corresponding corrective measures, on a long-term basis. ASN’s SOHF requirements The Order of 7th February 2012 setting the general rules for BNIs, requires that the licensee define and implement an Integrated Management System (IMS) designed to ensure that the safety, radiation protection and environmental protection requirements are systematically taken into account in all decisions concerning the facility. The IMS specifies the steps taken with regard to all types of organisation and resources, in particular those adopted to manage important activities. ASN thus asks the licensee to set up an IMS able to maintain and continuously improve safety, notably through the development of a safety culture. 2. The stakeholders The organisation of the regulation of nuclear safety in France complies with the Convention on Nuclear Safety, Article 7 of which requires that “Each Contracting Party shall establish and maintain a legislative and regulatory framework to govern the safety of nuclear installations” and Article 8 of which requires that each Member State “shall establish or designate a regulatory body entrusted with the implementation of the legislative and regulatory framework referred to in Article 7 and provided with adequate authority, competence and financial and human resources to fulfil its assigned responsibilities” . These provisions were confirmed by European Council Directive 2009/71/Euratom of 25th June 2009 concerning nuclear safety, the provisions of which were in turn reinforced by the amending Directive of 8th July 2014. In France, the regulation of nuclear safety and radiation protection is primarily the responsibility of three parties: Parliament, the Government and ASN. 2.1 Parliament Parliament’s principal role in the field of nuclear safety and radiation protection is to make laws. Two major acts were therefore passed in 2006: Act 2006-686 of 13th June 2006, on Transparency and Security in the Nuclear field (TSN Act) and Programme Act 2006-739 of 28th June 2006, on the sustainable management of radioactive materials and waste. In 2015, Parliament adopted Act 2015-992 of 17th August 2015 concerning Energy Transition for Green Growth (TECV Act), an entire section of which is devoted to nuclear matters (Title VI – “Reinforcing nuclear safety and information of the citizens”). This Act reinforces the framework which was created in 2006. Like the other independent administrative Authorities and in application of the provisions of the Environment Code, ASN makes regular reports on its activity to Parliament, notably to the OPECST (Parliamentary Office for the Evaluation of Scientific and Technological Choices) and to the parliamentary commissions concerned. The role of the OPECST is to inform Parliament of the consequences of the scientific or technological choices so that it can take informed decisions; to this end, the OPECST gathers information, implements study programmes and conducts evaluations. ASN regularly reports on its activities to the OPECST, particularly by submitting the annual Report on the State of Nuclear Safety and Radiation Protection in France to it each year . ASN also reports on its activities to the Parliamentary Commission of the National Assembly and the Senate, notably on the occasion of hearings held by the commissions responsible for the environment or economic affairs. The exchanges between ASN and elected officials are presented in more detail in chapter 6. 2.2 The Government The Government exercises regulatory powers. It is therefore in charge of laying down the general regulations concerning nuclear safety and radiation protection. The Environment Code also tasks it with taking major decisions concerning BNIs, for which it relies on proposals or opinions fromASN. The Government can also call on consultative bodies such as the High Committee for Transparency and Information on Nuclear Security (HCTISN). The Government is also responsible for civil protection in the event of an emergency.