SOME CURRENT LEGAL DEVELOPMENTS AND ISSUES IN NUCLEAR LAW

Similar documents
Canadian Environmental Assessment Agency Canadian Nuclear Safety Commission: Joint Review Panels

Introduction to Nuclear Law

Nuclear Law Developments in Canada

Use of the Graded Approach in Regulation

Canadian Nuclear Safety Commission

Canadian Nuclear Safety Commission

Canadian Nuclear Safety Commission Quarterly Financial Report for the Quarter Ended December 31, 2016

Canada. Record of Proceedings, Reasons for Decision. Requestor. Hydro-Quebec. Purpose

Canadian Nuclear Safety Commission

Canadian Nuclear Safety Commission Quarterly Financial Report for the Quarter Ended June 30, 2017

Canadian Nuclear Safety Commission Quarterly Financial Report for the Quarter Ended September 30, 2017

Canadian Nuclear Safety Commission Quarterly Financial Report for the Quarter Ended December 31, 2017

Canada. Record of Proceedings, Reasons for Decision. Proponent. Subject

Canadian Nuclear Safety Commission Quarterly Financial Report For the Quarter Ended June 30, 2015

Financial Guarantees for Decommissioning of Canadian NPPs

Canada. Record of Proceedings, Including Reasons for Decision. Applicant. Cameco Corp_o_ra_ti_o_n _. Subject

Pickering Whole-Site Risk

Canada. *. Canadian Nuclear Commission canadienne. Record of Decision. In the Matter of. Hydro-Quebec. Applicant

Oral Presentation. Exposé oral. Submission from the Power Workers Union. Mémoire du Syndicat des travailleurs et travailleuses du secteur énergétique

Request for Acceptance of OPG s Financial Guarantee

Strengthening Canada s nuclear liability regime. By Dave McCauley 1 & Jacques Hénault 2

Implementation of Financial Guarantees for Licensees

Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission) Comment Disposition Report

REFURBISHMENT AND NEW GENERATION NUCLEAR

CNSC staff advisers were: H. Rabski, R. Ravishankar, P. Elder, G. Lamarre, M. Lord, M. Simard and B. Ecroyd

15 th Annual First Nations Housing Conference. Overview Ministerial Loan Guarantee Budget 2016 Housing. February 09, 2017

SUPPLEMENTAL/COMPLÉMENTAIRE CMD: 12-M23.B

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 31 and 32 thereof,

NUCLEAR WASTE MANAGEMENT AND DECOMMISSIONING BACKGROUND INFORMATION

SUPPORTING EVIDENCE FOR ENTRIES INTO NUCLEAR ACCOUNTS

DISCUSSION PAPER DECISION-MAKING ROLES ON PROJECTS

Convention on Nuclear Safety: Outcomes of the 7 th Review Meeting March 27 April 7, 2017

LEAVING THE EU THE EURATOM TREATY PART 2: A FRAMEWORK FOR THE FUTURE

MORTGAGE BROKERAGES, MORTGAGE LENDERS AND MORTGAGE ADMINISTRATORS ACT. A Consultation Draft

Statement on behalf of the Euratom Community

FINAL Roberts Bank Terminal 2 Project Review Panel Terms of Reference

ONTARIO POWER GENERATION REPORTS 2013 THIRD QUARTER FINANCIAL RESULTS

COUNCIL OF THE EUROPEAN UNION. Brussels, 4 June /14 Interinstitutional File: 2013/0340 (NLE) ATO 45

Whole-Site Risk Considerations for Nuclear Power Plants

Convention on Supplementary Compensation: Liability Implications for the Nuclear Industry

EU Council Adopts Revised Nuclear Safety Directive

Oral Presentation. Exposé oral. Submission from the Canadian Environmental Law Association

FINANCIAL STATEMENTS

Paris Legally Binding Agreement

REGULATORY DOCUMENTS. The main classes of regulatory documents developed by the CNSC are:

Canadian Environmental Assessment Agency

12 th GIF-IAEA Interface Meeting Vienna March 2018

CNSC Cost Recovery Program

RE: EB-2017-XXXX AN APPLICATION FOR AN ACCOUNTING ORDER ESTABLISHING A DEFERRAL ACCOUNT TO CAPTURE THE REVENUE REQUIREMENT IMPACT

FUNDSERV INC. (Fundserv) RULES FOR SERVICE PROVIDERS ACCESS STANDARDS

COMMISSION DECISION. of

Regulations on Severe Accident in Korea

KEEPING NUCLEAR SAFE LOOKING BACK AND BEYOND CANADIAN NUCLEAR SAFETY COMMISSION ANNUAL REPORT

AREVA Resources Canada Inc. Établissement de Cluff Lake Garantie financière modifiée et changement de nom de la société

Canadian Environmental Assessment Agency

Record of Proceedings, Including Reasons for Determination

Federal Budget Bills 2012 Implications for Federal Environmental Law

Oral Presentation. Exposé oral. Submission from Aecon Group Inc. Mémoire de Aecon Group Inc. CMD 18-H4.75

Convention on Nuclear Safety 7 th Review Meeting 2017

PROJECT AGREEMENT FOR THE HAMMOND REEF GOLD MINE IN ONTARIO

Financial Services Commission of Ontario. June 2009

Regulatory Fundamentals

ONTARIOF Eil GENERATION. Brian Duncan Senior Vice President. Darlington Nuclear. OPG Proprietary. December 10, 2014 CD# NK38 CORR

Elements of National Law and Decommissioning

CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY DEPARTMENTAL PERFORMANCE REPORT

Nuclear Liability Act. Theresa McClenaghan Executive Director and Counsel, Canadian Environmental Law Association

GAO NUCLEAR WASTE. Technical, Schedule, and Cost Uncertainties of the Yucca Mountain Repository Project. Report to Congressional Requesters

Recent Changes of Safety Regulation in Korea

ONTARIO POWER GENERATION REPORTS 2013 FIRST QUARTER FINANCIAL RESULTS

Enhancing Budget Literacy in Russia: Approaches, Latest Developments and First Lessons Learnt

Proposed Changes to Federal Environmental Legislation Including the Canadian Environmental Assessment Act. Brad Gilmour, Partner May 9, 2018

Independent Electricity System Operator Licence EI

Canadian Environmental Assessment Act (CEAA) Aboriginal Affairs and Northern Development Canada (AANDC) An Environmental Management Approach

NB Power Licence Renewal Intervention CNSC Hearing Notice No H-02

APPROACHES FOR THE PREPARATION OF THE POST-2020 GLOBAL BIODIVERSITY FRAMEWORK

CAPITAL EXPENDITURES NUCLEAR OPERATIONS

EU Nuclear Legislation

Construction of a new nuclear capacity at the site of Kozloduy NPP. Licensing and Environmental Impact Assessment

ONTARIO POWER GENERATION REPORTS 2008 FIRST QUARTER FINANCIAL RESULTS

Using the IRRS to strengthen regulatory competence in Ireland

USP s Model Guidelines for the Medicare Drug Benefit

The European Atomic Energy Community (Euratom):

INTERNATIONAL FRAMEWORK FOR NUCLEAR ENERGY COOPERATION (IFNEC)

2013 Bill 22. First Session, 28th Legislature, 62 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 22 ABORIGINAL CONSULTATION LEVY ACT

OECD Investment Policy Review of Myanmar

DECISION ADOPTED BY THE CONFERENCE OF THE PARTIES TO THE CONVENTION ON BIOLOGICAL DIVERSITY AT ITS ELEVENTH MEETING

Agriculture and Agri-Food Canada s Guide on the Environmental Assessment of Policy, Plan and Program Proposals - Strategic Environmental Assessments

Addressing the issue of EPZ sizing for SMR

GUIDE TO MEMBERSHIP IN THE ICSID CONVENTION

Planning for future: towards rev D

Allocation, Access and Activity Approvals How the Recent Reforms to the Mining Act will impact on NSW Explorers. Samantha Daly Partner

Community of Federal Regulators

Instrument for Nuclear Safety Cooperation

29 September Honourable Dominic LeBlanc Minister of Fisheries and Oceans Room 556, Confederation Building Ottawa, ON K1A 0A6

EUROPEAN UTILITY REQUIREMENTS: ACTIONS IN PROGRESS AND NEXT STEPS

Financial Services Commission of Ontario STATEMENT OF PRIORITIES. June 2010

Canada. Summary Record of Proceedings and Decision. Cameco Corp_o_ra_t_io_n. Applicant

Proposal for a COUNCIL REGULATION. establishing an Instrument for Nuclear Safety Cooperation. {SEC(2011) 1472 final} {SEC(2011) 1473 final}

First Nations Labour Market Strategy (FNLMS) Update

OFFICIAL OFFICIAL. LC35 decommissioning programmes for Chapelcross and Hunterston A

Transcription:

SOME CURRENT LEGAL DEVELOPMENTS AND ISSUES IN NUCLEAR LAW DENIS SAUMURE SENIOR COUNSEL, CNSC CANADIAN NUCLEAR LAW ORGANIZATION ANNUAL GENERAL MEETING TORONTO ON JUNE 23, 2017

Overview Some recent legal developments in Canada: Nuclear Liability and Compensation Act ratification by Canada of the IAEA Convention on Supplementary Compensation for Nuclear Damage Fukushima-related amendments to Regulations two regulatory documents: Fitness for duty first decommissioning licence for modern NPP (Gentilly II) in Canada Ontario Power Generation s Deep Geological Repository Some current legal issues: federal review of environmental assessment law UN Declaration on the Rights of Indigenous Peoples post-fukushima global accountability for safety readiness for new technologies 2

Nuclear Liability and Compensation Act In force January 1, 2017 Sets absolute liability limit of an operator of a nuclear installation at an amount that will increase to $1 billion over 4 years $650 million at proclamation, $750 million, $850 million, $1 billion Operators must carry financial security to address liability Form of financial security: operators to cover liability amount with insurance from approved insurer subject to Minister s approval, operators permitted to cover up to 50% of their liability with other forms of financial security (s. 28, NLCA) Nuclear Liability and Compensation Regulations designate nuclear installations set classes of nuclear installations and, liability limits commensurate with their risk 3

Nuclear Liability and Compensation Act (2) Role of regulator technical advisor, under new law: The CNSC is advisor to the Minister of Natural Resources on development of regulations with respect to designation of nuclear installations (s. 7(1)) Statutory obligation on insurers to report to Minister on suspension or cancellation of insurance (s. 30) Penalty scheme under the Nuclear Liability and Compensation Act (NLCA) The CNSC will keep apprised of licensees compliance with NLCA, but won t administer it nuclear liability and nuclear safety are different (Energy Probe v. Canada (AG), [1994] O.J. No. 553) Ratification by Canada of the Convention on Supplementary Compensation (CSC): On June 6, 2017, Canada ratified the CSC Canadian ratification of the Convention will create treaty relations with other members of the CSC, which include the United States. 4

Developments in Certain Regulations and Two Regulatory Documents Fukushima-related Amendments: Amending Certain Regulations Made Under the Nuclear Safety and Control Act : At the April 12 Commission meeting, the Commission made regulations (44(1) of the Nuclear Safety and Control Act) Next steps: GIC approval Canada Gazette, Part II 2 regulatory documents on fitness for duty: REGDOC 2.2.4, Human Performance Management: Fitness for Duty: Managing Worker Fatigue Published March 21, 2017 REDGOC 2.2.4, Human Performance Management: Fitness for Duty: Random alcohol and drug testing Commission meeting August 2017 5

Decommissioning of Nuclear Power Plant and Status of Deep Geological Repository Decommissioning licence for nuclear power plant (NPP) (Gentilly II) first modern decommissioning licence for a NPP June 21, 2016 10-year licence Status of Deep Geological Repository (DGR) project May 26, 2017: Ontario Power Generation submitted its response to the Minister s additional information requests Anticipated dates: August/September 2017: public comment period on the draft Agency s report and potential conditions November 2017: submission of decision package to Minister January 2018: ministerial decision Two judicial review applications for DGR Save Our Saugeen Shores, Inc. v. AG Canada et al. (T-946-15) Mann v. AG Canada et al. (T-922-15) both judicial reviews held in abeyance until the outcome of the ministerial decision 6

Current Issue #1 CNSC Role in Environmental Assessment Lifecycle regulating begins with environmental assessment (EA), integrates results into regulatory oversight for nuclear projects Current framework for nuclear projects: Canadian Environmental Assessment Act, 2012 (CEAA 2012) The CNSC is the Responsible Authority to determine if a designated project is likely to cause significant adverse environmental effects If the answer is no, licensing under the Nuclear Safety and Control Act (NSCA) follows Nuclear Safety and Control Act The CNSC regulates to prevent unreasonable risk to the environment If project is not designated under CEAA 2012, licensing requires assessing environmental impact and preventing environmental risk EA process review Expert Panel, recommended changes 7

Current Issue #2 Implementing UNDRIP Principles United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is an international human rights standard Consultation, honour of the Crown s.35, Constitution free, prior and informed consent article 19 UNDRIP Goal of reconciliation with Indigenous peoples of Canada Working Group of Ministers to review laws, policies 8

Current Issue #3: Global Accountability for Nuclear Safety A nuclear accident anywhere is an accident everywhere National responsibilities with global impacts Convention on Nuclear Safety peer review process IAEA Integrated Regulatory Review Service (IRRS) peer review missions WANO and industry peer review How do we, collectively, enhance global safety and ensure accountability? Importance of transparency 9

Current Issue #4 Readiness for New Technologies Small Modular Reactors Most designs still conceptual novel features have potential benefit, but pose uncertainties Credible science and technology information is critical to support (and assess) safety claims The CNSC is also looking at other regulators small modular reactor work: US NRC: design certification process; developing prelicensing feedback mechanism for vendors UK ONR: generic design assessment focused on adequacy of design processes and safety claims, using existing assessment standards to conduct reviews 10

CNSC Work Respecting Small Modular Reactors Vendor design review (VDR) early feedback and identification of key issues, any fundamental barriers to licensing not design certification conclusions of any VDR do not bind or otherwise influence decisions made by the Commission. Small modular reactor (SMR) discussion paper (DIS 16-04) lots of feedback existing regulatory framework adequate, with graded approach, streamlining need for common understanding IAEA SMR Regulators Forum technology-neutral pilot project, facilitated by IAEA Scientific Secretary (Canada, China, Finland, France, Korea, Russian Federation, USA) not to develop separate SMR requirements, but to understand impacts on existing frameworks, develop common positions 11

CNSC Vendor Design Reviews VDR No Country of origin Company Reactor type / Output per unit Status 1 Canada / U.S. Terrestrial Energy Molten salt integral / 200 MWe In progress pending completion September 2017 2 U.S. / Korea/ China UltraSafe Nuclear/Global First Power High temperature gas prismatic block / 5 MWe In progress pending completion March 2018 3 Canada LeadCold Nuclear 4 Canada / U.S. StarCore Nuclear 5 U.S. Advanced reactor concepts Molten lead pool fast spectrum / 3 10 MWe High temperature gas prismatic block / 10 MWe Sodium pool fast spectrum /100 MWe In progress pending completion June 2018 Pending start July 2017 Pending start fall 2017 6 U.K. Moltex Energy Molten salt / ~1000 MWe Pending start fall 2017 7 U.K. U-Battery High temperature gas prismatic block / 4 MWe Pending start fall 2017 12

Canadian Nuclear Safety Commission Questions? Thank You 13

Annex I Environmental Assessment EAs for Projects on the Regulations Designating Physical Activities: CEAA 2012 Project description EA review (Environmental Impact Statement) Commission hearing and decision On-going licensing, monitoring and compliance Site/regional offices conduct inspections Daily inspections at nuclear power plants EAs for Projects not on the Regulations Designating Physical Activities and for Subsequent Licensing Phases Licence application including project description Review of licence application including EA review Commission hearing and decision On-going licensing, monitoring and compliance Site/regional offices conduct inspections Daily inspections at nuclear power plants 14

Visit us online Like us on Facebook Follow us on Twitter View us on YouTube Subscribe to updates Contact us