Second Session of the Nuclear Law Institute, Baden, Austria, 23 September 05 October 2012 Establishing Nuclear Regulatory Infrastructure in Bangladesh: IAEA Cooperation ALAK CHAKRABORTY Bangladesh Atomic Energy Commission INTRODUCTION Nuclear energy has become an inevitable option to overcome the existing power crisis of the country, Rooppur NPP Implementation is a critical issue for energy security of Bangladesh and construction of 2000 MW nuclear capacity is the part of the Vision 2021 of Bangladesh Government, PSMP-2010; Practical steps towards establishing national nuclear power Infrastructure for building Rooppur NPP have been taken; 1
Bangladesh is committed to the peaceful utilization of nuclear energy and meet the safety, security and safeguards requirements at the international level; An effectively Independent Nuclear Regulatory Authority is a key requirement for establishing nuclear power program. For establishment of an independent Regulatory Body, an Act entitled Bangladesh Atomic Energy Regulatory Authority was passed in the National Parliament on 31 May 2012 in this regard; Due to limited competency and resources, Bangladesh requires international cooperation. An Interagency agreement between the Russian Regulatory Body and the Ministry of Science and Technology on cooperation in the areas of nuclear safety regulation was signed in February, 2012. Present Situation of Regulatory Body of Bangladesh 2
Bangladesh Atomic Energy Commission (BAEC) has been mandated by the Presidential Order 15 of 1973 to make the country embark on Nuclear Power Programme; The Bangladesh Nuclear Power Action Plan (BANPAP), 2000 and National Committee, 2010 headed by the Hon ble Prime Minister appointed BAEC to implement Rooppur NPP until otherwise decided by the Government. The Ministry of Science and Technology (MOST) is the focal ministry for implementation of nuclear project; BAEC as a Owner/Operator organization is responsible for management of the Rooppur NPP project; As an operator of the NPP, BAEC will have the ultimate responsibility to meet the safety and security and safeguards requirements at national and international level. Legal Basis: 1. Bangladesh Atomic Energy Commission (BAEC) has also been mandated by the Presidential Order 15 of 1973 to deal International Obligations related to peaceful utilization of nuclear energy; 2. Nuclear Safety and Radiation Control (NSRC) Act, 1993 and Nuclear Safety and Radiation Control (NSRC) Rules, 1997. The NSRC Act and NSRC rules empowered BAEC to act as a regulator. BAEC has been playing the both roles of NPP Owner and Regulatory Body. 6 3
International Legal Instruments AGREEMENTS WITH THE IAEA NPT related safeguard agreement INFCIRC/301. Entry into force: 11 June 1982 Additional Protocol Entry into force: 30 March 2001 Improved procedures for designation of safeguards inspectors Supplementary agreement on provision of technical assistance by the IAEA Accepted on: 25 April 1995 Entry into force: 31 December 1979 RCA Entry into force: 24 August 1987 OTHER RELEVANT INTERNATIONAL TREATIES etc. NPT Entry into force: 31 August 1979 Convention on physical protection of nuclear material Convention on early notification of a nuclear accident Convention on assistance in the case of a nuclear accident or radiological emergency 2005 Entry into force: 7 February 1988 Entry into force: 7 February 1988 Convention on nuclear safety Entry into force: 24 October 1996 Bangladesh has bilateral agreements on nuclear cooperation with USA, Russia, France and China. 7 Regulated Facilities and Activities in Bangladesh Nuclear Reactor 3 MW Research Reactor Radiation Facilities Medicine Industry Agriculture Food Processing Research 8 4
Limitations of the Existing Legal and Regulatory Infrastructure Operating Organization and Regulatory Authority is a same organization; The NSRC Rules 1997 was formulated based on only the IAEA Nuclear Safety Standard BSS 115 to ensure only radiological protection and nuclear safety; The issues of nuclear safety and security and physical protection, nuclear liability were not addressed properly in the existing Act and Regulations; 9 Steps Taken for Effectively Independent Regulatory Body Assistance Taken from IAEA During 1999 2006, Bangladesh Participated in all the training workshops organized under TC Project RAS/9/023 Legislative assistance for safe and peaceful Nuclear Applications. Initiatives were taken to prepare a draft NSRCB Law ; The Draft NSRCB Law was to IAEA for the comments of the LA s IAEA; During this period for strengthen our national nuclear law IAEA provided us another Projects: Model Project, RAS/ 9/026 and RAS/9/027 etc. 10 5
Assistance Taken from IAEA (Contd..) In 2007, a round table discussion was held between BAEC and IAEA and a recommendation was made to formulate a nuclear law based on IAEA Handbook on Nuclear Law ; Bangladesh took initiatives to draft a new law through inclusion of all required provisions of a nuclear along with a provision of creation an independent regulatory body; In November, 2008, the IAEA Nuclear infrastructure Mission to Bangladesh reviewed the preliminary draft and provided critical comments for revision: The Prime Responsibility for safety should be assigned to the operator by the legislative and regulatory framework In addition to BSS 115, all IAEA Safety standards need to be considered Regarding the licensing process of NPP all necessary regulation from sitting to decommissioning should be drafted 11 Assistance Taken from IAEA (Contd..) 2010-2011 Based on the IAEA recommendations and guidelines, national existing law as well as consulting the NPP operating countries and potential vendor countriesthe draft law was reviewed; The Legal Basis and Regulatory requirements for site selection and site evaluation were discussed during IAEA preparatory sitting mission on June 2011 and necessary recommendations were provided by the mission; Bangladesh also formed committee in BAEC sub-groups and groups in Ministry level to review the draft in accordance with IAEA milestone approach; The draft law was reviewed by all the concerned and provided inputs and the Act has been finalized accordingly. The Bangladesh Atomic Energy Regulatory Authority Act -2012 was passed in the National Parliament on 31 May 2012. 12 6
The Operator of Rooppur NPP (BAEC) has been assigned the prime responsibility to meet the safety and security requirements by Bangladesh Atomic Energy Regulatory (BAER) Act, 2012; Provisions addressing civil liability for nuclear damage and coverage are included in the BAER Act in light of Vienna Convention on Civil Liability for Nuclear Damage and the responsibilities in this regard are assigned to the NPP Operator; The BAER Act, 2012 has established the regulatory provisions on Safety and Security of Radioactive Materials, Nuclear Safety, Physical Protection of Nuclear Material and Installation; Safeguards and Import and Export Control; Transport and Waste Safety; Transport of Radioactive Materials; Emergency preparedness and Response; Bangladesh s State System of Accounting and Control (SSAC) currently resides within BAEC. The regulatory oversight will be transferred to the future Bangladesh Atomic Energy Regulatory Authority. About Bangladesh Atomic Energy Regulatory Authority Act -2012 7
Chapter I: Stated the definitions, scope and extent of the Act Chapter II: Specifies the provisions of Regulatory Authority Chapter III: Authorization process Chapter IV: Safety and Security of Radioactive Material, Nuclear Safety Radiation Protection, Quality Assurance Physical Protection, Illicit Trafficking and Safe Guards Chapter V: Transport and Waste Safety Chapter VI: Emergency Preparedness and Response Chapter VII: Nuclear Liability and coverage Chapter VIII: Inspection and Enforcement Chapter IX: Offence Penalty and Trial Chapter X: Miscellaneous Chapters of BAER Act, 2012 15 Key elements of BAER Act 2012 Authorization Process and Regulatory Inspection and Enforcement The legislative framework covers certain powers, functions, responsibilities and resources that establish BAER Authority the role national component Authority for the regulation of the safety of nuclear installations, physical protection of nuclear facilities, the extent of civil liability of nuclear damage resulting from any nuclear incident and related or ancillary matters. Core Regulatory functions also are assigned in the BAER Act. Authorization: Activities required for the holding authorization or obtaining regulatory license from the authority are stated Regulatory Inspection and Enforcement: o The legal basis is set down to perform inspection of the licenses. o The legislative bases for regulatory enforcement are also set down 16 Cont 8
Key elements of BAER Act 2012 Emergency preparedness and responses Bangladesh has taken a number of important steps for management aspects of disaster situation; The Ministry of Food and Disaster Management is responsible for overall national management; A standing order on disaster has made; A national disaster management information center has been established ; According to the NSRC Rules 1997 emergency planning for radiation facilities/laboratories, research reactor has been done 17 Cont Key elements of BAER Act 2012 Regulatory Framework for Emergency Preparedness Bangladesh Government has considered the Nuclear Emergency and Preparedness Very Seriously; The following steps were considered by the Government to strengthen the regulatory capabilities of Emergency preparedness; BAER Act has specified the regulatory requirements of emergency preparedness and response and the organization to be involved; The facility license of nuclear installation or radiological facility are required to establish on site and off site emergency plans; BAER Act has empowered BAEC for coordinating the preparation of the national emergency plan; 18 Cont 9
Key elements of BAER Act 2012 Nuclear Liability and Coverage Bangladesh is not yet a party to any of the international legal instruments on civil liability for nuclear damage; The Bangladesh is committed to provide a civil liability for nuclear damage and compensation to the victims of a nuclear incident through domestic legislation; Domestic legislation system in BAER Act will bring the country s Nuclear Liability provisions in line with the international requirements; The operator I; assigned with a Key responsibility for any nuclear damage; 19 Possible IAEA involvement to build up Regulatory Infrastructure issues in Bangladesh and Integrated Work PLan 10
Further Cooperation with IAEA for establishing Independent Regulatory Body No. INIR Rec. or Sug. on Activities Responsible/Counter parts Date 1 Infrastructe Issue3: Management Group Scientific Visit on Regulatory management 2 Infrastructure issue 7: Regulatory Framework Group Meeting/ Expert Mission to assist NSRCD for reviewing necessary regulations; Organise Workshop on IRRS/IRRS Mission NSRCD, BAEC 2013 NSRCD, IAEA 2012-2014 3 Infrastructure Issue 10: Human Attend Workshop/ Invite Expert NSRCD, BAEC, IAEA 2012- Resource Mission 2014 4. Infrastructure Issue 11: Attend Regional Workshop on NSRCD, MOST, IAEA 2012 Stakeholder Involvement Regulatory body 5 Infrastructure Issue 13: Buy IAEA reference Materials and NSRCD, AECD, NPED, 2012- Environmental Protection expert mission on impact of IAEA radioactive and chemical analysis 2013 6. Infrastructure Issue 14: Emergency Planning To Invite and EPREV mission phase 3 BAEC, NSRCD, NPED 2015 and relavent ministry, IAEA 7 Infrastructure Issue 16: Nuclear To Organize expert review of the BAEC, NSRCD, IAEA 2014 Fuel Cycle policy and strategy/plan 8 Infrastructure Issue 17: Expert Mission to review the NSRCD, MOST, IAEA 2013 Radioactive Waste policy and strategy document Conclusion Bangladesh has taken steps in establishing nuclear regulatory infrastructure for successful implementation of NPP; BAER Act-2012 has been enacted by the parliament of People s Republic of Bangladesh to establish independent regulatory body entrusted with the implementation of the legislative and regulatory framework governing nuclear power and radiation use in Bangladesh and 22 Bangladesh seeks assistance and cooperation from the IAEA, other international organizations and experienced nuclear regulators to develop domestic legal and nuclear regulatory infrastructure 11
Thank You for Your Kind Attention 23 12