REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE

REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION Public Regional Workshop – School for Drafting Regulations on Radiation Safety, IAEA, 1 -31 October 2012, Vienna Andreja Peršič Slovenian Nuclear Safety Administration

School for Drafting Regulations on Radiation Safety • • • References Requirements Example – SI Legislation The SNSA Practice Conclusion REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

References • IAEA Safety Standards Series, No. GSR Part 1, 2010 • IAEA Safety Standards Series, No. SSG-12, 2010 • IAEA Safety Standards Series, No. GS-G-1. 1, 2002 REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Requirements Public Communication and Consultation • Council Directive 2009/71/EURATOM: Establishing a community framework for the nuclear safety of nuclear installations Article 8, information to the public: Member States shall ensure that information in relation to the regulation of nuclear safety is made available to the workers and the general public. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Requirements IAEA GRS Part 1: Communication and consultation with interested parties The regulatory body shall promote the establishment of appropriate means of informing and consulting interested parties and the public about the possible radiation risks associated with facilities and activities, and about the processes and decisions of the regulatory body. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Requirements The regulatory body shall establish, either directly or through authorized parties, provision for effective mechanisms of communication to inform interested parties and the public. It shall also hold meetings to inform interested parties and the public. Public information should be provided on a regulatory basis and in relation to abnormal events. The communication shall include constructive liaison such as: • communication and consultation with public about judgments and decisions, and basis for them, • making information on incidents, accident, abnormal events available to the public. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Requirements • The RB, in its public informational activities and consultation, shall set up appropriate means of informing interested parties, the public and the news media about - the radiation risks associated with facilities and activities, - the requirements for protection of people and the environment, - the processes of the RB. • The information provided shall be clear and comprehensible. Transparency and openness and well described process - the credibility of the RB! REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Requirements • In particular, there shall be consultation by means of an open and inclusive process with interested parties residing in the vicinity of authorized facilities and activities. • The authorized party has an obligation to inform the public about the possible radiation risks associated with the operation of a facility or the conduct of an activity. This obligation shall be specified in the regulations, in the authorization or by other legal means. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Requirements Licensing process: PUBLIC PARTICIPATION The public should be given an opportunity to present their views during certain steps of the licensing process, where appropriate. If a site is near a State’s national border, there should be appropriate cooperation, including public participation, with neighboring States in the vicinity of the nuclear installation. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Requirements Transparency, along with public participation and involvement in the regulatory process, reinforces the credibility of the regulatory body and enhances local public confidence in the nuclear regulatory regime. The process for public participation should allow individuals or groups to challenge the issuing of a licence or authorization if it appears to jeopardize health or safety. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Requirements • During the lifetime of the nuclear installation, the public participation process, including participation of local, national and international interested parties, should be open, well described and balanced. • It should ensure that security sensitivities and commercial proprietary information are respected. • The RB and licensee should provide easy access to relevant and comprehensive information relating to safety and to the licensing process and licensed activities. Such information should be published where it can be easily accessed, on the internet and in the mass media. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Requirements • Regular meetings, formal hearings and other appropriate means of communication should be: (i) Open to the public, the media and other interested parties; (ii) Announced a reasonable period of time before the meeting or hearing takes place. • The public should be given the opportunity to present their opinions at meetings and formal hearings and via other appropriate means of communication. • Comments from the public should be addressed at all steps of the licensing process. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Requirements Neighboring Country Participation • If the site near the national border, including also public participations with neighboring States. • Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention, 1997): general obligations of States to notify and consults each other on all major projects under considerations that are likely to have a significant adverse environmental impact across boundaries. • Protocol on stategic Environmental Assessment to the Espoo Convention: . . providing for public participation in strategic environmental assessment. . REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Requirements • Convention on Access to Information, Public Participation in Decision making and Access to Justice in Environmental Matters (Aarhus Convention, 2001): Grants the public rights regarding access to information, public participation and access to justice, in governmental decision-making process on matters concerning the local, national and transboundary environment (public-public authorities interaction). REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Requirements • Council Directive 85/337/EEC: Environmental Assessment – Information about construction work (project), decision of the authorities for the public, Member States, • Council Directive 2001/42/EC: SEA Directive, Environmental Assessment - Exchange information between Member States REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Requirements Sensitive Nuclear Security Information • Security sensitivities and commercial proprietary information are respected. The applicant/licensee has the right to withhold information of proprietary information. Only general information may be made available without any details in such cases. • Sensitive nuclear security information is treated in accordance with regulations governing data confidentiality ( for example a physical protection plan for nuclear facilities). REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Example SI Legislation – Information Publicity Atomic Act, Article 7 (information publicity): • Information on radiation practices, use of radiation sources, radiation of natural sources, planning, construction and operation of radiation facilities and nuclear facilities, statistically processed doses of exposed workers and members of the public, management of radioactive waste and spent fuel, shipment into and out of the Member States of the EU, import, export and transit of radioactive waste or radioactive substances, radioactive contamination of the environment, foodstuff, feeding stuff and products of general use, emergencies, and protection and rescue plans for case of emergencies shall be public. • Procedures for access to information specified by the law shall be used for access to information. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Example SI Legislation – Information Publicity Act on the Access to Information of Public Character • Public information is freely available to natural and legal persons (applicants). Applicants have the right to demand a certain authority to provide them information. • Authorities, which are obliged to applicants free access to public information are: the state authorities, local authorities, public agencies, public funds and other public bodies and holders of public authority and public services. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Example SI Legislation - Sensitive Nuclear Security Information RULES ON TRANSBOUNDARY SHIPMENTS OF RADIOACTIVE WASTE AND SPENT FUEL (JV 11): Article 6 (protection of information): In implementing the provisions of these Rules, the Administration shall take the necessary measures to ensure that all information regarding shipments covered by these Rules is handled with due care and protected against any misuse. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

The SNSA Practice - Public Participation Pre - Construction, Siting, Site Evaluation, Basic Design: Ø After the preparation of the Environmental Report and the Special Safety Analysis these documents, together with National Spatial Plan draft, are subject to public hearing and consultation with neighbouring states and are all public documents. Ø The public hearing must last at least 30 days. The public can give its opinions and proposals, which must then be regarded by the Ministry of Agriculture and Environmental when supplementing the proposal of National Spatial Plan. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

The SNSA Practice - Public Participation Pre - Construction, Siting, Site Evaluation, Basic Design: Ø After the consent of all stakeholders (involving various ministries, also SNSA, municipal bodies and agencies, non-governmental organizations…) is reached, the National Spatial Plan is issued and made public. Ø A similar procedure is in place for the Environmental Impact Assessment, which is required for obtaining the Environmental protection consent. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

The SNSA Practice - Public Participation Construction: Ø The investor shall obtain the construction license with the Safety Analysis Report attached, which is a public document. Ø No special provisions are in place for the public exhibition of the Safety Analysis Report. Ø In accordance with the General Administrative Procedure Act (Official Gazette RS, No. 24/06) any person that demonstrates their legal interest shall have the right to participate in the licensing process. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

New NPP Licensing Process REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

New NPP Licensing Process REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

The SNSA Practice - Information Publicity • All licensing document should be public including inspection reports, except security sensitive and commercial proprietary information. • All SNSA annual reports, national reports, mission reports are public (SNSA website). • The SNSA final decisions, approvals, orders shall be public - IRRS recommendation (in preparatory phase). • Some documents are provided on request (analyses, studies, …). REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

The SNSA Practice - Information Publicity • SNSA regular meetings with non governmental organization (i. e. Greenpeace, Green party). • All information or answers are provided on the request of media, individuals, organisations. • In case of specific situation or event press conference or media information (transport of spent nuclear fuel, EU stress test results, …). • Information for public in case of emergency situation (SNSA internal procedure for emergency preparedness for public information). REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

The SNSA Practice - Information Publicity News from Nuclear Slovenia: http: //www. ujv. gov. si/si/info/porocila/ Since 2009 the SNSA has been issuing nuclear news from Slovenia twice a Year. The news are published on the web site. The aim of publishing the news is to inform the international public about the most important nuclear and radiological activities in Slovenia. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

The SNSA Practice - Information Publicity Radiation News: http: //www. ujv. gov. si/si/info/sevalne_novice/ Information leaflets have been published by the SNSA since 2004. The leaflets are sent to the users of radiation sources and are also published on the web site. The aim of publishing the leaflets is: • to inform the users of radiation sources of important events within their particular disciplines, • to indoctrinate the users of radiation sources about current radiation practices. REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION

Conclusions • Information provided to the public should be factual and as objective as possible reflecting the RB’s independence. • The public information should be clear, understandable and in time. Not underestimate the public knowledge in any case! REPUBLIC OF SLOVENIA MINISTRY OF AGRICULTURE AND THE ENVIRONMENT SLOVENIAN NUCLEAR SAFETY ADMINISTRATION