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European Regulatory and Policy Strategy Aspects on Nuclear Decommissioning

Introduction

An in-depth analysis of the age of Europe's nuclear power stations leads to the inevitable conclusion that the first decades after the year 2000 will witness the decommissioning of an increasing number of nuclear installations. At the present time, more than 110 nuclear installations in the European Union are currently at varying stages of decommissioning [1].

It is envisaged that an additional 150 installations will be dismantled by the year 2020. Under the EURATOM Treaty successive R&D programmes have since 1978 developed the scientific and technological basis for the safe and affordable decommissioning of nuclear installations and the sustainable disposal of the resulting material.

The proposed enlargement of the European Union to include a number of Central European and Baltic countries will further accentuate the problems as it will also involve the decommissioning of nuclear installations that do not meet the safety criteria generally accepted by regulatory authorities in the EU. Initial estimates by the European Commission place the number of installations to be decommissioned in the region of fifty. At this stage, it will no longer be a matter of a case-by-case approach, but rather of a full-scale industrial process involving tens of thousands of European workers and extremely large quantities of low-level radioactive waste. On the basis of a recently completed study financed by the Commission [2], it is possible to estimate the amount of low-level radioactive waste which will be produced by the decommissioning of nuclear installations in the European Union (with state of the art decontamination and dismantling techniques). Initial calculations have indicated that the quantity of metallic waste and concrete produced (Non activated LLW after decontamination) between now and the year 2060, will be in excess of 2 million tonnes (for the power reactors only).

In view of the large quantities of waste and the desire to further develop cooperation between Member States and harmonisation within the Union, it is essential to establish some general guidelines for the decommissioning of nuclear installations.

Such guidelines will promote coordination within the EU based on the development of technical and scientific expertise and an approach that takes account of the objectives of sustainable development and of the need to keep environmental damage to a minimum.

Coordination between Member States will enable operational costs to be reduced due to the added value generated by the standardisation of procedures and large-scale cooperation between industrial players.

European Commission initiatives in the field of Decommissioning, Regulatory Framework

For several years the European Commission services have been involved in different fields of nuclear installations decommissioning, leading to a huge experience on the subject.

The aim of this section is to summarise the more recent activities related to the decommissioning regulatory and policy topics.

Directives and recommendations of the European Commission

European Commission initiatives in the field of decommissioning nuclear installations are based on chapter 3 (article 37 et al) of the "EURATOM Treaty" and on the following Resolutions and Directives of the Council:

  • Council Resolution of 15 June 1992 concerning the "Community Action Plan within the European Union in the field of radioactive waste";
  • Council Resolution of 12 December 1994 concerning the management of radioactive waste within the European Union;
  • Council Directive of 27 June 1985 amended by the directive 97/11/CE of 3 March 1997 concerning the assessment of the effects of certain public and private projects on the environment;
  • Council EURATOM Directive 96/29 of 13 May 1996 establishing revised basic health and safety standards (revision of Directive 80/836 EURATOM of 15 July 1980).

The following subsections describe the main ongoing work and existing European regulations influencing the topic of decommissioning.

Protection of employees and the general public

Articles 30 and 31 of Paragraph 3 (Health and Safety), Section II of the "EURATOM Treaty" stress the importance of ensuring that basic health and safety standards are enforced in order to protect employees and the general public (EURATOM BSS).

Within this legal framework, the European Commission published the Directive 96/29/EURATOM of 13 May 1996 establishing the basic health and safety standards for the protection of employees and the general public against the potential dangers of ionising radiation.

Article 37 specifies the "obligations of Member States with regard to programmes involving the discharge of any form of radioactive waste, and makes it possible to determine whether the execution of such a programme is likely to lead to the radioactive contamination of the water, soil or airspace of another Member State". The Commission, after consulting the group of experts referred to in Article 31, gives its decision within six months. It goes without saying that this includes activities involved in the decommissioning of nuclear installations.

A complementary EC communication on the subject was laid down in May 1998 concerning the implementation of the Directive [3].

Criteria for the exemption and clearance of slightly contaminated materials

In Articles 3, 4 and 5, the EURATOM Directive 96/29 (13 May 1996) deals with "Authorisations and clearance for disposal, recycling and re-use" of materials containing radioactive substances produced by a procedure which must be declared and authorised, and for which prior authorisation must be obtained.

However, the materials implied in the disposal, recycling and re-use can be exempted from the Directive provided they respect the release values established by the competent national authorities. These values respect the basic criteria used in Annex 1 of Directive 96/29 and take account of any other technical recommendations made by the European Community.

For the record, the tables given in Annex 1 of the Directive are based on the following radiological criteria:

  • The effective dose to which any individual may be exposed as a result of a procedure forming the subject of an exemption is in the order of 10 µSv per year or less;
  • Either the collective effective dose generated during one year of the procedure is below approximately 1 man x Sv, or an evaluation with a view to optimising protection demonstrates that exemption is the best solution.

The directive, which is due to become part of national legislation on 13 May 2000, is of primary importance for the exemption and clearance of very slightly contaminated materials resulting from the decommissioning of nuclear installations.

Work carried out by DGXI on the release of scrap metal intended for disposal or melting

To complement Directive 96/29 in the most practical manner, the European Commission has issued a recommendation on "radiological protection criteria for the recycling of metals resulting from the dismantling of nuclear installations".[4] within the legal framework of consultation with the group of experts referred to in Article 31.

This recommendation proposes values for the clearance levels and the regulatory conditions for their use for the direct re-use of materials and the recycling of metals within the metallurgical and scrap metal industry. It should be noted that the Commission, in collaboration with the group of experts referred to in Article 31, has set up a Working Party responsible for drafting an EC recommendation on the levels of clearance for concrete.

Classification of radioactive waste

The "Community Action Plan in the field of radioactive waste" includes a call for a "Concerted Action on the safe management of radioactive waste" which should make it possible to:

  • develop a common approach and work towards harmonisation at Community level on radioactive waste management strategies and practices wherever possible;
  • approximate national practices and regulations in the field of safety of disposal with particular reference to the different waste categories.

This has the aim of the establishment of an equivalent and satisfactory level of protection for employees, the general public and the environment.

This joint initiative with EU Member States and the Central European and Baltic countries has formed the subject of a communication from the Commission to the Council and the European Parliament.

Future levels of decommissioning of nuclear installations and the quantities of waste produced will vary significantly between Member States, as will national needs with regard to the storage of waste.

Within the framework of European solidarity, it would seem appropriate, from a communication and technical point of view, to develop relative standards for the classification of nuclear waste so that nations producing small amounts of waste could use the storage capacities of other EU members.

This concept of solidarity is included in Item 6 of Council Resolution 94/C 379/01 of 19 December 1994 which : "considers that optimum use should be made of facilities at national level and, where practicable and appropriate, between Member States, bearing in mind the political aspects of the matter and that further consideration should be given to the various approaches available, which might result, among other things, in a minimisation of transport of radioactive waste".

Evaluation of the effects of certain public and private projects on the environment

In the Council Directive of 27 June 1985, amended by the Directive 97/11/CE of 3 March 1997, the European Commission stipulated that the decommissioning of nuclear installations (nuclear power stations, reprocessing installations, processing of nuclear fuel, enrichment facilities, storage and disposal sites etc..) forms an integral part of a compulsory procedure for the evaluation of the effects of industrial activities on the environment.

This procedure is a basic instrument of environmental policy, as defined in Article 130 R of the EU treaty and of the fifth Community policy and action programme for the environment and sustainable development.

Member States must take the necessary steps to ensure that the Authorities likely to be affected by the projects because of their environmental responsibilities, are given the opportunity to express their opinions on the information provided by the developers.

This information is made available to the public within a reasonable period of time to give the members of the public concerned the opportunity to express their opinion before authorisations are granted.

The Directive stipulates that Member States must implement the necessary legislation, regulations and administrative provisions to bring them into line with the Directive by 14 March 1999 at the latest.

Current statutory situation on EU Member States, the Baltic and Central European countries

The strategic aspects of decommissioning cover a broad range of criteria. Various regulatory, technical, financial and organisational milestones are closely intertwined and form a guiding framework for the national authorities and private/state owned companies involved in this process.

As summarised in the four following tables (extracts from a first internal EC enquiry on the regulatory aspects of decommissioning in the EU and in the CEEC) we can observe that the situation is largely different among the 22 countries.

Between the biggest nuclear electricity producing countries who have already established some regulatory framework related to decommissioning, and the smaller EU "nuclear electrical power and research states" and the Central and Eastern European Countries (CEEC) there is an important gap.

Therefore after many contacts, the Commission services felt that there was a growing need for further work on those aspects.

Overview of the situation in the EU Member States

The following tables summarise the actual situation in the MS and the CEEC (extracts of EC enquiry).

Table 1

QUESTION

Belgium

Denmark

Finland

France

Germany

Greece

During decom. is the license transferred to a special authority?

in specific cases

No

No

No

No, licence granted by authority responsible

Not defined

Is there a published policy or is a case by case system used?

Case-by-case

Case-by-case

Update every 5 years

Yes, + case-by-case

Case-by-case

Not defined

Foreseen period of decay?

Not defined

Case-by-case

Max 30 years

50 years (EDF)

Case-by-case

Not defined

Is achievement to I.A.E.A. stage 3 obligatory?

Yes

No

Yes

Depending on the licence request

Possible procedure

Not defined

Are the different decom. Stages defined? (ex I.A.E.A.)

Based on I.A.E.A.

Based on I.A.E.A.

No official definition

Based on I.A.E.A.

Based on I.A.E.A.

Not defined

How is the release of material regulated?

Case-by-case

By SIS on a case-by-case

By regulatory guide

Yes, VLLW management

Recommendation by SSK

Not defined

Are the decom.waste storage/disposal available?

Interim available, disposal under study

Only storage, but limited. no disposal

To be expanded to include decom waste

Yes partially, other under study

Yes + extension in the future

No

Are licence costs and decom. Fundings estimates required?

Yes, provision by industry

No

Yes, collected by Government

Build up of internal reserve by EDF

Not directly required, but internal fund of utilities

Not defined

What are the requirements for public involvement?

In the future : public inquiry

Not specified

EIA and public hearings

Public enquiry

Regulated by ordinance but not automatic

Not defined


Table 2

QUESTION

Italy

Netherlands

Portugal

Spain

Sweden

U.K.

During decom. is the licence transferred to a special authority?

No, no decom. authority

Envisage to grant a licence to the operator

Not defined

Yes to ENRESA

No

No

Is there a published policy or is a case by case system used?

No published policy

Under development + case-by-case

Not yet foreseen

Till now case-by-case

Case-by-case

Yes + case-by-case

Foreseen period of decay?

Some decades

Under discussion

Not yet foreseen

Around 30 years

Case-by-case

135 years gcr safestore

Is achievement to I.A.E.A. stage 3 obligatory?

Not yet defined

Yes

Not yet foreseen

Yes

Case-by-case

No

Are de different decom. Stages defined? (ex I.A.E.A.)

Similar to I.A.E.A.

Yes, national model

Not yet

Similar to I.A.E.A.

Not yet discussed

Based on I.A.E.A.

How is the release of material regulated?

No regulation

To be established

Not yet

By regulators

By regulation & case-by-case

By regulation

Are the decom. waste storage/disposal available?

Local storage, no disposal available

Yes

No

Yes

Not yet available

Yes partially

Are licence costs and decom. Fundings estimates required?

No

Internal reserve for utilities & research centers

No yet considered

Yes included in kWh

Yes included in kWh

Funds will be setup for privatised companies

What are the requirements for public involvement?

Regional and local adminis, not the public

E.I.A with participation of the public

Not yet considered

Public involved in the E.I. declaration

Not yet defined

No legal requirement

 

Overview of the situation in the Central European and Baltic States

Table 3

QUESTION

Bulgaria

Czech Rep.

Estonia

Hungary

Latvia

During decom. is the licence transferred to a special authority?

Not yet defined

No, approved operators only

No decom. Authority

Decom. Authority not yet established

No

Is there a published policy or is a case by case system used?

No published policy

Case-by-case system

No

Case-by-case system

Case-by-case system

Foreseen period of decay ?

Not defined

For NPP max 60 years

-

Estimate 70 years

4 to 5 years

Is achievement to I.A.E.A. stage 3 obligatory?

No

No

-

Not yet defined

No

Are de different decom. Stages defined? (ex I.A.E.A.)

No, but I.A.E.A. likely to be adopted

I.A.E.A. definition

-

Not yet defined

similar to I.A.E.A.

How is the release of material regulated?

By official ordinance

By regulation

-

Regulated by decree (exemption)

Not yet regulated

Are the decom.waste storage/disposal available?

Storage : yes
Disposal : no

Yes for NPP waste

Solid waste storage in Paldiski not in use

Disposal for LILW, storage for spent fuel

Yes, to be extended

Are licence costs and decom. Fundings estimates required?

Not required, but funds established

Yes, in first stage of nuclear installations Commissioning

-

Yes

No

What are the requirements for public involvement?

No requirements

Auth. Required to inform the public + E.I.A. info required by law

-

Involved in licencing process for E.I.A.

Public hearing procedure


Table 4

QUESTION

Lithuania

Poland

Romania

Slovak. Republic

Slovenia

During decom. is the licence transferred to a special authority?

No special authority

Yes, to N.A.E.A.

No

No

Decom. licence handed over to public enterprise

Is there a published policy or is a case by case system used?

No policy

Case-by-case system

No (soon)

No (to be published)

Yes

Foreseen period of decay?

Not decided

3 years (research reactors)

10 years

50-70 years under discussion

96 years

Is achievement to I.A.E.A. stage 3 obligatory?

Not decided

No

Not currently but envisaged

Yes or reuse

Yes

Are de different decom. Stages defined? (ex I.A.E.A.)

Similar to I.A.E.A.

Similar to I.A.E.A.

No

Yes (I.A.E.A.)

Yes, but not same model as I.A.E.A.

How is the release of material regulated?

Regulated by Ministry of Environment Protection

By N.A.E.A. ordinance

Regulated by licence but limits not fixed
Case-by-case

By law following I.A.E.A./N.E.A. guidance

By law

Are the decom.waste storage/disposal available?

No

Yes

Disposal/storage facility for LILW

Storage partially
Disposal under licencing

Storage available
Disposal not

Are licence costs and decom. Fundings estimates required?

Yes

Yes

Operator should have adequate financial arrangements

Yes, decom. Funds exist

Yes

What are the requirements for public involvement?

To be approved by local municipality

Safety report

Public hearing for environmental licence

Public acceptance and E.I.A.

Public hearing and involvement

Actions undertaken by the EC in the field of "Technical Support" and "Safety Culture Training" in the field of decommissioning nuclear installations in the Baltic and Central European States

Major initiatives have been undertaken by the European Commission in the field of technical support for the countries of Central and Eastern Europe through the PHARE programme which is carried out by the Directorate General for External Relations (DG1A).

These initiatives are primarily centred around the level of safety of reactors, assistance in the selection of surface and underground storage sites, environmental controls and assistance given to the authorities and nuclear site operators within the context of technical, administrative and control procedures for the decommissioning of the installations.

DG XI Directorate C concentrates more specifically on the environmental aspects of radioactive waste management and the decommissioning of nuclear installations. It examines the inventory of current and future needs in terms of infrastructure, regulations and facilities for the management of the radioactive waste produced.

Through its budget, DG XI finances a series of studies based on the present situation and current capacities for the management of waste produced by decommissioning, in collaboration with research centres and local organisations.

In 1997, the total budget for the study and advice initiatives associated with the decommissioning of nuclear installations (PHARE + DG XI) was in the region of 1 million Ecu.

The following table provides a summary of recently completed and current studies within DG 1A and DG XI/C3 [5].

Table 5

COUNTRY

Site / Installation

Initiatives

Hungary

prod & research reactors

Assessment of D&D needs

Poland

prod & research reactors

Assessment of D&D needs

Slovenia

prod & research reactors

Assessment of D&D needs

Czech Rep.

prod & research reactors

Assessment of D&D needs

Slovak Rep.

prod & research reactors

Assessment of D&D needs

Lithuania

Ignalina

Assist. local authorities (D&D licence)

Bulgaria

Kozloduy

D&D technical. Assistance Kozloduy 1&2

Bulgaria

prod & research reactors

Management of D&D waste from obsolete nuclear installations

Slovak Rep.

Bohunice A1

D&D Planning for reactor A1

Estonia

Paldiski

D&D unit treatment of liquid waste

Hung, Slovakia, Bulgaria.

WWER reactors

Management of D&D waste from the WWER

C.E.E.C.

Pool type research reactors

Management of "safe decommissioning"

Possible criteria for the harmonisation of decommissioning practices in EU Member States and the countries of Central and Eastern Europe

The Commission services are currently studying possible criteria for the harmonisation of practices and/or regulations for the decommissioning of nuclear installations (whether or not they are part of the nuclear fuel cycle). This study covers EU Member States and the Baltic and Central European countries. There are a large number of criteria involved in establishing Community guidelines. Various regulatory, technical, financial and organisational aspects form a guiding framework.

Some of the main items are listed below:

  • Regulatory items: (health standards protecting people and workers, responsibilities connected with the potential risks and environmental damage, waste management policy, criteria for unconditional release, compliance with Environmental Impact Assessment etc ...);
  • Technical items: (technical approach to decommissioning, minimisation of produced radioactive waste, needs for storage and disposal for LLW etc...);
  • Financial items: (decommissioning financing schemes, cost reduction by international synergies etc ...) ;

At the present time, converging criteria's can be classified according to three main categories:

Harmonisation being implemented or envisaged by existing regulations.

Harmonisation in working programme.

Future Commission projects.

The following table provides a summary of the current situation.

Table 6

PROCEDURES AND REGULATIONS

Influence on the Member States national regulations

APPLICANT COUNTRIES TO THE EU

EURATOM Treaty

Yes (compulsory)

To be ratified (acquis EU)

Directive 96/29 BSS

At the latest by 13/5/2000

To be ratified (acquis EU)

Directive 97/11 EIA

At the latest by 14/3/99

To be ratified (acquis EU)

Metal clearance and recycling standards

Recommendation from EC to Member States

Information

Classification of radioactive waste

Communication from EC to Member States

Information

Standards for the clearance and recycling of concrete

Recommendation from EC to Member States

Information

Decommissioning guidelines

Communication from EC to Member States

Information

Except for the legal basis (see Section "European Commission initiatives in the field of Decommissioning, Regulatory Framework") which enables it to carry out its objectives, the Commission is primarily concerned with the preparation of directives, recommendations and communications via a process of consultation with scientific experts and national representatives.

To achieve this, the European Commission services, under the aegis of management advisory committees, set up various Working Parties responsible for advising the Commission on its projects. These Working Parties can be permanent or temporary, depending on their particular objectives.

Furthermore, the Commission is represented, on a permanent or temporary basis, in the various international committees of the "International Atomic Energy Agency (I.A.E.A.)" and the OECD "Nuclear Energy Agency (NEA)" which are involved in the decommissioning of nuclear installations and the management of waste produced by this process.

Conclusion

The potential enlargement of the European Union to include certain Baltic and Central European countries will further accentuate the need for a common policy on the management of decommissioning. The existence in these regions of various types of Soviet reactors, whose operational safety is problematic, may rapidly increase the number of installations to be decommissioned (at least 50 sites).

In the context of cooperation and harmonisation within the EU, it would be beneficial to standardise certain major aspects of the decommissioning of nuclear installations within the Community. Guidelines will promote coordination within the EU based on the development of technical and scientific expertise and an approach that takes account of the environment and keeps environmental cost to a minimum.

Coordination at the level of EU Member States could allow a reduction in operational costs due to the added value generated by the standardisation of technical procedures and large-scale cooperation between industrial players, if regulatory policies are based on sound scientific findings. The establishment of Community guidelines for the decommissioning of nuclear installations will have to incorporate a number of socio-economic, health and regulatory parameters. An integrated approach of this nature can be achieved within the context of sustainable industrial development combined with an awareness and respect for the environment.

It will therefore be essential to consult various European experts in order to achieve the best possible definition of the terms governing a Commission communication.

List of references

  1. "A review of the situation of decommissioning of nuclear installations in Europe", European Commission report (DG XI/C3) EUR 17.622 (1997).
  2. "Recycling and reuse of radioactive material in the controlled nuclear sector", European Commission report (DG XI/C3) EUR 18.041 (1998).
  3. "Communication from the Commission concerning the implementation of Council Directive 96/29 EURATOM of 13 May 1996", EC Brussels 23/02/98 COM(1998) 87 Final.
  4. "Recommended radiological protection criteria for the recycling of metals from the dismantling of nuclear installations", May 1998, Radiation Protection 89 serie. OPOCE Luxembourg.
  5. Internal document to the European Commission (DG1A & DGXI/C3). Not published.

Other references

  • EUR 17624 Handbook on measurement methods and strategies at very low levels and activities, (1998)

    Decommissioning of nuclear and other sites which process or employ radioactive materials is becoming increasingly important. This handbook suggests methods which can be used to assess the levels of radioactive contamination and neutron activation in materials which have the potential for free release, that is, those which are only at worst, contaminated or activated to a low level.

  • EUR 17623 Demonstrating compliance with clearance levels in dismantling nuclear installations (and application to the WAK reprocessing plant), (1997)

    The investigation has been concerned with characterisation of waste materials arising from building demolition associated with the decommissioning of a reprocessing plant. As an example for data collection, the reprocessing plant Karlsruhe was chosen which dealt with a wide variety of fuels for reprocessing. The information which has been available to date was based largely on theoretical considerations. The data which are becoming available on the inventories of the low-level wastes are used to discuss routing options within the decommissioning programme. The methodology developed for the study allows the radiological consequences of waste management options to be determined as a function of the numerical value of clearance criteria in terms of limits on activity concentration. Nuclide spectra for different process areas are evaluated so that the methodology permits the quantification of the widest possible range of radiological impacts arising from any specified management option, whether it involves recycling, re-use or disposal.

  • EUR 17622 A review of the situation of decommissioning of nuclear installations in Europe, (1997)

    A considerable number of nuclear power plants have been built in the European Community since the 1950s, ranging from low power materials test reactors, through various medium power prototype/experimental reactors, up to high power commercial stations. In addition, there are a number of fuel fabrication and reprocessing plants associated with the nuclear fuel cycle. Many of these facilities have reached the end of their operating lives and have therefore been withdrawn from service.

    A study has been carried out on nuclear facilities being decommissioned in five member countries, namely France, Germany, Italy, Spain and the United Kingdom. The purpose of the study has been to:

    1. Provide a list of nuclear installations shut down in the named countries between 1993 and 1995.
    2. Provide information on the decommissioning stage attained at each installation covered and its planned future state. This includes whether or not the facility has been defuelled, what operational wastes remain and what the extent of the radiologically controlled area(s) is.
    3. Identify the monitoring and inspection proposals/experience for these installations, including where possible the effort involved.
    4. Identify relevant codes and standards applicable to decommissioning in Member States and to identify where available the relevant licensing requirements.

  • EUR 18041 Recycling and reuse of radioactive material in the controlled nuclear sector, (1998)

    A review of the feasibility of recycling and/or reuse of components and materials arising from nuclear operations within the European Union has been undertaken. This review contains estimates of the amounts of low-level waste materials which may arise from nuclear facilities around the EU up to 2050. Detailed studies of 12 possible scenarios for utilisation of this material have been carried out and from the results of these analyses a strategic evaluation of the feasibility of controlled release recycling within the nuclear sector has been made. The study concludes that the most promising materials for recycling in the controlled nuclear sector are those of steels and concrete. Further development of controlled release recycling of steels into products from plate will likely be driven by market forces since considerable investment in such a facility is required. In the case of concrete, conventional uses of recycled aggregates within the nuclear industry are limited and will only be able to utilise a small proportion of this waste. The prospect of utilising recycled concrete within grout or for the production of concrete waste boxes, however, would provide a considerable outlet for a large proportion of this material if it proved to be feasible. The study recommends that further work to investigate the feasibility of recycling concrete in this way be undertaken.



 

 


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