Session 4: Round Table Regulatory Framework for Spent Fuel Management

International Conference on Management of Spent Fuel from Nuclear Power Reactors

IAEA, Vienna, Austria;31 May - 4 June 2010

International Conference on Management of Spent Fuel from Nuclear Power Reactors

IAEA, Vienna, Austria;31 May - 4 June 2010

Session 4: Round Table

Regulatory Framework for

Spent Fuel Management

Session 4: Round Table

Regulatory Framework for

Spent Fuel Management

Abel J. González (*) Argentine Nuclear Regulatory Authority

Av. del Libertador 8250, (1429)Buenos Aires, Argentina; +54 1163231306; [email protected]

(*)) Vice-Chairman of the Intermational Commission on Radiological Protection (ICRP) Member United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR)

Member Commission on Safety Standards of the International Atomic Energy Agency

Abel J. González (*) Argentine Nuclear Regulatory Authority

Av. del Libertador 8250, (1429)Buenos Aires, Argentina; +54 1163231306; [email protected]

(*)) Vice-Chairman of the Intermational Commission on Radiological Protection (ICRP) Member United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR)

Member Commission on Safety Standards of the International Atomic Energy Agency

The main decision underpinning the safety approach

(and therefore the regulatory approach)

The main decision underpinning the safety approach

(and therefore the regulatory approach)

Is spent fuel

a waste (to be discarded)

or an asset (to be guarded)?

Is spent fuel

a waste (to be discarded)

or an asset (to be guarded)?

The case of ArgentinaThe case of Argentina

The Administration (Executive)

set up as a policy that spent fuel is not waste.

The Parliament (Legislative)

validated it with ad hoc legislation,

and, now,

The Supreme Court (Judiciary)

has established jurisprudence

ruling that

such policy is constitutional

The Administration (Executive)

set up as a policy that spent fuel is not waste.

The Parliament (Legislative)

validated it with ad hoc legislation,

and, now,

The Supreme Court (Judiciary)

has established jurisprudence

ruling that

such policy is constitutional

The Argentine Supreme Court ruling(S. 569. XLIII.; May 4th 2010 -19 pages)

The Argentine Supreme Court ruling(S. 569. XLIII.; May 4th 2010 -19 pages)

…the claimant refers to the Constitution’s ban to the entry

of radioactive waste…and claims that spent fuel is high

level radioactive waste….

….however, no evidence is provided of spent fuel being

radioactive waste….

….the Joint Convention on the Safety of Spent Fuel

Management and on the Safety of Radioactive Waste

Management (Argentine Law 25 279) differentiates between

spent fuel and radioactive waste ….

….it has become clear over the proceedings that we are not

in the presence of a radioactive waste, but of a spent fuel.

…the claimant refers to the Constitution’s ban to the entry

of radioactive waste…and claims that spent fuel is high

level radioactive waste….

….however, no evidence is provided of spent fuel being

radioactive waste….

….the Joint Convention on the Safety of Spent Fuel

Management and on the Safety of Radioactive Waste

Management (Argentine Law 25 279) differentiates between

spent fuel and radioactive waste ….

….it has become clear over the proceedings that we are not

in the presence of a radioactive waste, but of a spent fuel.

Answering the

Panel’s Basic Questions

Answering the

Panel’s Basic Questions

(1) Is there sufficient emphasis in

establishing safety standards for fuel

management, particularly back end

management?

(1) Is there sufficient emphasis in

establishing safety standards for fuel

management, particularly back end

management?

Our PositionOur Position

There IS NOT sufficient emphasis in establishing

international safety standards for fuel

management, particularly back end management.

Few safety standards aim at the safe preservation

of the spent fuel as an asset, most standards

considering spent fuel as a waste to be disposed.

There IS NOT sufficient emphasis in establishing

international safety standards for fuel

management, particularly back end management.

Few safety standards aim at the safe preservation

of the spent fuel as an asset, most standards

considering spent fuel as a waste to be disposed.

Promissory futurePromissory future

DS360 –

Safety of Reprocessing Facilities

DS318 –

Safety of MOX Fuel Fabrication Facilities

DS360 –

Safety of Reprocessing Facilities

DS318 –

Safety of MOX Fuel Fabrication Facilities

(2) Is there sufficient international

consensus on the approaches to

demonstrate the safety of geological

disposal? ?

(2) Is there sufficient international

consensus on the approaches to

demonstrate the safety of geological

disposal? ?

Our PositionOur Position

Unfortunately, the required international consensus on

quantitative standards on the safety of geological disposal

of radioactive waste has not been attained, the achieved

consensus being just on qualitative demonstration.

But, spent fuel can be managed safely even in the absense

of such a consensus.

Unfortunately, the required international consensus on

quantitative standards on the safety of geological disposal

of radioactive waste has not been attained, the achieved

consensus being just on qualitative demonstration.

But, spent fuel can be managed safely even in the absense

of such a consensus.

(3) Is it possible to

achieve international consensus on a

future strategy for fuel management ?

(3) Is it possible to

achieve international consensus on a

future strategy for fuel management ?

Our PositionOur Position

 An international consensus on a future strategy

for fuel management is achievable and desirable.

However, it would be difficult to attain under

political interference and polarization.

 An international consensus on a future strategy

for fuel management is achievable and desirable.

However, it would be difficult to attain under

political interference and polarization.

(4)Could international safety instruments

(conventions, standards etc)

be used in case of

multilateral arrangements for spent fuel

management ?

(4)Could international safety instruments

(conventions, standards etc)

be used in case of

multilateral arrangements for spent fuel

management ?

Our PositionOur Position

International safety instruments

(both legally binding conventions and non-binding

international standards) were developed for

national use. (e.g., all

presuppose the establishment of a national infrastructure

to regulate safety).

They cannot be used in case of multilateral

arrangements for spent fuel management.

Before continuing to promote such arrangements,

the IAEA should address this problem.

International safety instruments

(both legally binding conventions and non-binding

international standards) were developed for

national use. (e.g., all

presuppose the establishment of a national infrastructure

to regulate safety).

They cannot be used in case of multilateral

arrangements for spent fuel management.

Before continuing to promote such arrangements,

the IAEA should address this problem.

[email protected]@arn.gob.ar

+541163231758

Av. del Libertador 8250Buenos Aires, Argentina

Than you!Than you!