Identifier
Created
Classification
Origin
06PARIS1642
2006-03-15 14:30:00
UNCLASSIFIED
Embassy Paris
Cable title:  

FRANCE CREATES INDEPENDENT NUCLEAR SAFETY AGENCY

Tags:  ENRG TSPL TPHY KSCA FR KNUC 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 PARIS 001642 

SIPDIS

STATE FOR ISN, EUR/WE, OES
STATE PASS NUCLEAR REGULATORY COMMISSION: FAULKNER
DOE FOR NNSA, DOE FOR INTERNATIONAL: PRICE, LAU
DOE ALSO FOR DEPUTY U/S COUNTERTERRORISM: AOKI
EPA FOR IA: MEDEARIS

E.O. 12958: N/A
TAGS: ENRG TSPL TPHY KSCA FR KNUC
SUBJECT: FRANCE CREATES INDEPENDENT NUCLEAR SAFETY AGENCY

//NOT FOR INTERNET DISTRIBUTION//

UNCLAS SECTION 01 OF 02 PARIS 001642

SIPDIS

STATE FOR ISN, EUR/WE, OES
STATE PASS NUCLEAR REGULATORY COMMISSION: FAULKNER
DOE FOR NNSA, DOE FOR INTERNATIONAL: PRICE, LAU
DOE ALSO FOR DEPUTY U/S COUNTERTERRORISM: AOKI
EPA FOR IA: MEDEARIS

E.O. 12958: N/A
TAGS: ENRG TSPL TPHY KSCA FR KNUC
SUBJECT: FRANCE CREATES INDEPENDENT NUCLEAR SAFETY AGENCY

//NOT FOR INTERNET DISTRIBUTION//


1. France's Council of Ministers approved on February 22
the creation of a new, "independent," body, the High
Authority for Nuclear Safety (HANS),"responsible for the
control of nuclear safety, radioprotection, and
information." This new administrative body will
substitute for the existing Authority for Nuclear Safety
(ASN) that reports to the Ministries of Industry,
Research, and Ecology. (According to the draft law
creating HANS, Ministry of Industry security authorities
will retain control over `security' of civilian nuclear
sites.) Although the bill is expected to become law in
the coming weeks, no immediate changes within the existing
nuclear safety entities ASN and the Directorate General
for Nuclear Safety and Radiation Protection (DGSNR) in the
Ecology Ministry are foreseen. End summary.

--------------
Not a new idea.
--------------


2. In his 2006 New Year's address, President Chirac
announced the creation of a new nuclear safety
regulatory body. The GOF subsequently postponed the
parliamentary discussion of its Bill on Nuclear
Transparency and Security until March 2006 in order to
fold the creation of the new HANS into the bill.
However, French legislation on nuclear transparency to
include an independent nuclear safety authority is not
a new idea: Ecology Minister and `Green Party'
representative Dominique Voynet under the Jospin
government in 1999 had proposed the concept. At the
time, the French Council of State rejected the text on
the ground that it was not possible under French law
to give regulatory and police responsibilities
(matters within the sovereign purview of the
government) to an independent body. Voynet presented a
new version of her bill to address these concerns to
Parliament in 2001 but it was not acted upon.

--------------
"Expeditious procedure."
--------------


3. The Senate adopted the bill creating HANS on March 8
(first reading) and it will be reviewed by the National
Assembly before the end of March 2006. As a government

priority, there will be no second reading in Parliament.
Instead, a commission of fourteen senators and deputies
will meet in April or early May to jointly draft the final
text of the law.

--------------
"to reinforce the trust of the people."
--------------


4. In his New Year's announcement, President Chirac
said the creation of the HANS aims at reinforcing the
trust of the general public in the French nuclear
energy control system. This is part of the
government's energy strategy to prepare for the "post-
oil era," as well as a part of recent initiatives in
the nuclear sector, including the decision to build a
new European Pressurized Reactor (EPR) in Normandy; to
site the ITER fusion reactor in France; and to develop
a fourth generation reactor by 2020. The new agency
should also be read in the context of the presentation
to Parliament before the end of 2006 of a new bill on
highly radioactive waste storage. In an effort to
gain more public support to implement its nuclear
strategy, the GOF seeks to reinforce public trust in
the French nuclear safety/security control system.

--------------
Independent administrative authority
--------------


5. The HANS will have the status of an independent
administrative authority. It will be responsible for
the control of nuclear activities in civil nuclear
plants and other research or industrial facilities
dealing with radioactive sources; the control of
transportation of radioactive materials;
radioprotection; and providing information to the
public. It will issue technical regulations related
to these activities and serve as an advisory body for
the preparation of regulatory texts related to nuclear
security.


6. The HANS will `de facto' replace the ASN,
currently headed by Andre-Claude Lacoste, DGSNR, the
Nuclear Facility Divisions of the Regional Departments
of Industry, Research, and the Environment (DRIREs),
and the Nuclear Safety and Radiological Protection
Departments (DSNRs) that operate under the authority
of the DRIREs.


7. The HANS will be headed by a board of five members
appointed for six years: three members will be
designated by the President of the Republic, one by
the President of the National Assembly, and one by the
President of the Senate.


8. The GOF has confirmed it will retain key missions
related to nuclear security and will continue to
define general regulations concerning nuclear
activities, as well as authorize the creation of new
basic, nuclear installations. In case of serious
risk, the government also reserves to itself the right
to decide to suspend nuclear plant operation.



9. Comment: Heralded in the economic center right daily
Les Echos as a "major innovation," the creation of the new
regulatory body otherwise generated little media coverage
and less public reaction. (Similarly, recent public
debates on nuclear waste and the building of the new EPR
in Normandy have not attracted much public attention.)
Little is known at this point concerning the level of
independence the new structure will actually possess.
Nonetheless, from the discussions we've had and what we've
read, some commentators are unhappy with the prospect that
ministerial control of safety in the nuclear sector will
devolve upon an independent agency. For them the transfer
represents the potential for loss of control over nuclear
safety, an area where they believe government ministries
should continue to provide direct supervisory authority.
We consider that even with the creation of an
`independent' nuclear safety authority, the government -
even through an `independent' agency - will continue to
exercise firm control over the nuclear sector. End
comment.

Stapleton