FRANCE CREATES INDEPENDENT NUCLEAR SAFETY AGENCY

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