Legal and Regulatory Framework on Decommissioning of Research Reactors. Ibrahim MUHAMAD AELB MALAYSIA

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1 (R 2 D 2 P) Legal and Regulatory Framework on Decommissioning of Research Reactors Ibrahim MUHAMAD AELB MALAYSIA Ibrahim Muhamad Principal Assistant Director Atomic Energy Licensing Board Ministry Of Science Technology & Innovation Batu 24 Jalan Dengkil Dengkil, SELANGOR Tel : ibrahim@aelb.gov.my 8/25/2006 R2D2P ; Manila Philipines ; June

2 8/25/2006 R2D2P ; Manila Philipines ; June Topical Areas in Legal and Governmental Infrastructure Establishment of a National Regulatory Framework Establishment of the Organizational Structure of the Regulatory Body Fulfilment of the Activities of the Regulatory Body Establishment of Specific Infrastructures 8/25/2006 R2D2P ; Manila Philipines ; June

3 2.1 ESTABLISHMENT OF A NATIONAL REGULATORY FRAMEWORK Legislation and regulations the Atomic Energy Licensing Act 1984 (AELA) be promptly amended to update its provisions The AELA is undergoing the process of amending phase 1 (internal committee) Other regulations (BSS, Transport, Licensing) undergoing amending process at different stages while other new regulations are in the process of drafting (Management of RAW, Medical Devices). 8/25/2006 R2D2P ; Manila Philipines ; June Regulatory body designating the AELB as the sole regulatory body in Malaysia and ensuring its independence by placing it under the supervision of a Minister not connected with the development or promotion of nuclear energy. AELB is given the budget and authority to carry out its duties as listed in the AELA. Current situation in Malaysia, the experts on monitoring and control of medical activities is in the relevant ministry. Independent and professional conduct are ensured through reporting to the Board. 8/25/2006 R2D2P ; Manila Philipines ; June

4 AELB DOCUMENTS Atomic Energy Licensing Act 1984 [COMPULSARY TO FOLLOW] Regulations, Orders and Conditions of the Licence [COMPULSARY TO FOLLOW] Code Of Practice/ Standards Advisory Materials/Guides 8/25/2006 R2D2P ; Manila Philipines ; June ACT 304 I. PRELIMINARY II. LICENSING BOARD III. CONTROL AND LICENSING IV. CANCELLATION, SUSPENSION AND RENEWAL OF LICENSE V. HEALTH AND SAFETY VI. DISPOSAL OF RAD- IOACTIVE WASTE VII. APPEAL VIII. POWERS OF SEIZURE AND ARREST, OFFENCES AND FORFEITURE IX. LIABILITY FOR NUCLEAR DAMAGE X. GENERAL 8/25/2006 R2D2P ; Manila Philipines ; June

5 2.2. ESTABLISHMENT OF THE ORGANIZATIONAL STRUCTURE OF THE REGULATORY BODY ESTABLISHMENT OF AELB 1 February 1985 Section 3 Act 304 Enforcement Agency to the related thereto Act 304. Under Ministry Of Science, Technology & Environment After election Mac 2004: Ministry Of Science, Tech & Innovation 8/25/2006 R2D2P ; Manila Philipines ; June AELB 0RGANIZATION CHART BOARD MEMBERS DIRECTOR GENERAL STANDING COMMITTEE SUB-STANDING COMMITTEE SUPPORTING SERVICES POLICY, CODE AND STANDARD LICENSING ENFORCEMENT NUCLEAR INSTALLATION TECHNICAL SUPPORT BRANCH EAST MALAYSIA ZONE BRANCH EAST ZONE BRANCH SOUTH ZONE BRANCH NORTH ZONE 8/25/2006 R2D2P ; Manila Philipines ; June

6 ADVISE THE MINISTER & GOVT OF MALAYSIA ON ANYTHING RELATED TO ACT 304 ENFORCEMENT OF LICENSING ACT 1984 (ACT 304) OTHERS THAT ARISE FROM THE FUNCTION OF THE BOARD UNDER ACT 304 SCIENTIFIC AND TECHNICAL COLABORATION WITH OTHER AGENCIS RELATED NUCLEAR/ ATOMIC ENERGY IMPLEMENTATION OF OBLIGATION ARISE FROM INTERNATIONAL AGREEMENT, TREATY, CONVENSION REGARDING NUCLEAR/ 8/25/2006 R2D2P ; Manila Philipines ; June General organization New division specifically for Nuclear Installation Safety established in July Maximum post (professional) is 7. Employed (as per 23 June 2006) is Support to the regulatory body Universities and other relevant government agencies Relations between the regulatory body and the operator - good relationship International co-operation AELB is open to cooperation with other international agencies and other countries (example : Indonesia for Education & Training, South Korea for Emergency Centre) 8/25/2006 R2D2P ; Manila Philipines ; June

7 2.3. FULFILLMENT OF THE ACTIVITIES OF THE REGULATORY BODY The only nuclear installation in Malaysia (MINT) are licensed by AELB. Current focus is to ensure the Safety Analysis Report complies with International Standard. Effort to enhance authorization, inspection and enforcement procedures are being carried out. 8/25/2006 R2D2P ; Manila Philipines ; June REACTOR TRIGA PUSPATI 8/25/2006 R2D2P ; Manila Philipines ; June

8 Licensing SAMPLE 8/25/2006 R2D2P ; Manila Philipines ; June CLASSIFICATION OF LICENCE CLASS A CLASS B CLASS C CLASS D CLASS E CLASS F CLASS G CLASS H RADIOACTIVE MATERIAL NUCLEAR MATERIAL IRRADIATING APPARATUS TRANSPORTATION IMPORT & EXPORT NUCLEAR INSTALLATION DISPOSAL/STORAGE RADIOACTIVE MATERIAL BEFORE DISPOSE OTHERS ACTIVITY ACTIVITY ACTIVITY ACTIVITY ACTIVITY ACTIVITY ACTIVITY AKTIVITI -Manufacture -Same as -Purchase -Transport -Import -Same as -Dispose -Maintenance -Trade in Class A -Sell -Export Class A -Store -Leak test -Produce -Trade in -Process -Transfer -Purchase -Import -Own -Export -Possess -Possess -Transfer -Own -Handle -Use -Sell -Store -Store -Handle -Import -Export 8/25/2006 R2D2P ; Manila Philipines ; June

9 Number of Licensee Per Activity S e l l e r s /25/2006 R2D2P ; Manila Philipines ; June I n d u s t r i a l R a d i o g r... T e a c h i n g & R e s e a r c h M i n e r a l P r o c e s s i n g G a u g i n g 215 O i l E x p l o r a t i o n s M a i n t e n a n c e 22 S t e r i l i z a t i o n Investigation Suspension of radiation worker Prosecution and order to cease operation Warning and Reminder Stop Operation AELB Action 8/25/2006 R2D2P ; Manila Philipines ; June

10 2.4. ESTABLISHMENT OF SPECIFIC INFRASTRUCTURES Infrastructure for emergency preparedness AELB was recognized as the lead agency for radiological incident/accident in Malaysia. A National Committee chaired by the PM has been established. Efforts to enhance the capabilities are being carried out as recommended in the Peer Review Mission Feb Other specific infrastructures Other infrastructure such as Radioactive Waste Management and SSDL has been established at MINT and has been providing services to users in Malaysia and nearby countries. Findings in the Peer Review Mission (ORPAS): Milestone 2 effectively achieved. 8/25/2006 R2D2P ; Manila Philipines ; June NATIONAL RADIOLOGICAL CENTRE 8/25/2006 R2D2P ; Manila Philipines ; June

11 Support to the Establishment of the Regulatory Body Organizational Structure of the Regulatory Body Relations between the Regulatory Body and the Operator International Co-operation Legal and Governmental Infrastructure General Organization Legislation and Regulations Legend 1: no action taken 2: work under development 3: work development complete but not implemented 4: work implemented, sustainability should be ensured Establishment of a National Regulatory Framework Regulatory Body Authorization Infrastructure for Emergency Preparedness Establishment of Specific Infrastructures Other Important Infrastructure for Nuclear Safety Development of Regulations and Guides Review and Assessment Fulfilment of Activities by the Regulatory Body Inspection and Enforcement 8/25/2006 R2D2P ; Manila Philipines ; June