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Mar 23th 2018, Japan
Summary Report
Program
List of Participants
Presentations

Mar 8-9th 2017, Japan
Summary Report
Program
List of Participants

Mar 10th 2016, Japan
Summary Report
Program
List of Participants

"Study Panel on the Approaches toward Infrastructure Development for Nuclear Power" (2009-)
6th: Aug 26th ?7th 2014, Vietnam
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5th: Aug 22th - 23th 2013, Japan
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Program
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4th: Jul 26th - 27th 2012, Thailand
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3rd: Jul 5th - 6th 2011, Indonesia
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2nd: Jul 1st - 2nd 2010, Korea
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1st: Jul 30th 31st 2009, Tokyo
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Program
List of Participants


"Study Panel for Cooperation in the Field of Nuclear Energy in Asia" (2007-2008)
2nd: Sep 1st - 2nd 2008, Tokyo
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Program
List of Participants

1st: Oct 30th - 31st 2007, Tokyo
Summary Report
Program
List of Participants


"Role of Nuclear Energy for Sustainable Development in Asia" (2004-2006)
3rd: Nov 1st - 2nd 2006, Tsuruga
Summary Report
Program
List of Participants

2nd: Jan 25th - 26th 2006, Tokyo
Summary Report
Program

1st: Oct 20th - 21st 2004, Tokyo
Summary Report
Program
 


Forum for Nuclear Cooperation in Asia (FNCA)
“FNCA 2018 Study Panel”

Group Photo

The 2018 Study Panel of Forum for Nuclear Cooperation in Asia (FNCA) was held on 23 March 2018 in Tokyo, hosted by Cabinet Office of Japan (CAO) and Japan Atomic Energy Commission (JAEC), in cooperation with OECD/NEA. 2018 Study Panel was attended by representatives from FNCA member states (Australia, Bangladesh, China, Indonesia, Japan, Kazakhstan, Malaysia, Mongolia, the Philippines, Thailand, and Vietnam), as well as the experts from OECD/NEA, UK and USA in the relevant legal fields.

1. Background of Study Panel
With the growing concern over the issues of energy security and global warming in the member states, Study Panel was started in 2004 to serve as a forum to discuss the roles and challenges of nuclear power generation. Since then, Study Panel has continually contributed to the exchange and sharing of information among the member states.
With growing awareness of importance of nuclear energy application, through recent FNCA meetings, the member states have recognized importance of appropriate infrastructure development of legal systems and human resources for introduction of nuclear power. Under such background, 2017 Study Panel / International Workshop was held in March 2017. It was intended to deepen understandings on nuclear liability, in collaboration with well-informed international organization in the field of nuclear law. Subsequently, the 18th Ministerial Level Meeting was held in October 2017, in which the member states agreed to promote cooperation with international organizations such as OECD/NEA, and to take up enhancement of nuclear legal framework as a theme of 2018 Study Panel.

2. Objectives of 2018 Study Panel
Firstly, it is to share knowledge, promote understanding and develop practical applications of nuclear law, through discussion on "Enhancement of domestic measures in the field of nuclear law", which consists of the two topics, namely "Legal Framework of Nuclear Safety" and "Legal Framework of Public Participation". Secondly, it is to enhance FNCA activities through intense cooperation with OECD/NEA which is knowledgeable international organization.

3. Results of 2018 Study Panel
2018 Study Panel has brought deeper knowledge and understanding on legal framework of nuclear safety and public participation, from the lectures on "Legal Framework of Nuclear Law" and "Legal Framework of Public Participation". The information, advices, proposals and recommendations obtained from active Q and A session helped the member states understand the mutual situation, as well as usher in practical applications of nuclear law.
A Scene of the Meeting
A Scene of the Meeting

4. Contents of 2018 Study Panel (lectures, Q and A)
(1) Keynote Speeches
Dr. Yoshiaki OKA, Chairman of JAEC, introduced the 「Basic Policy for Nuclear Energy」of Japan published in July 2017, 6 years after Fukushima-Dai-Ichi Nuclear Accident (Fukushima Accident) as well as collaboration program of nuclear power among the related organizations. He shared some recent thoughts on public communication and stakeholder dialog and challenges of them. He also introduced White Paper on Nuclear Energy 2016 describing overall picture of nuclear energy use after Fukushima accident.
Ms. Ximena Vásquez-Maignan, Head, Office of Legal Counsel, OECD/NEA gave a presentation on enhancing domestic measures in the field of nuclear law, explaining the concept, objective, principles, and scope of nuclear law. She stressed the importance of drafting national legislation having in mind the 3S Concept + that covers Safety, Security, Safeguard and nuclear Liability, as well as taking into consideration public participation in nuclear related decision making process. She also informed on nuclear law resources published by the OECD/NEA and the International Atomic Energy Agency (IAEA).
Dr. Yoshiaki OKA Chairman of JAEC,
Dr. Yoshiaki OKA
Chairman of JAEC,
Ms. Ximena Vásquez-Maignan Head, Office of Legal Counsel, OECD/NEA
Ms. Ximena Vásquez-Maignan
Head, Office of Legal Counsel, OECD/NEA
(2) Legal Framework of Nuclear Safety
1) Ms. Kimberly S. NICK, Deputy Head, Office of Legal Counsel, OECD/NEA, introduced the legal framework for nuclear safety, including the key international conventions related to nuclear safety. Focusing on the Convention on Nuclear Safety (CNS), she discussed its main principles and obligations, detailing the regulatory functions and responsibilities. She stressed that the regulator's prime purpose is to ensure that nuclear licensees operate their facilities at all times in a safe manner and that contracting parties to the CNS share a common interest in achieving higher levels of safety through international cooperation.
2) Ms. Marian Zobler, Deputy General Counsel, US Nuclear Regulatory Commission (NRC), explained about outline of NRC and law / regulation systems, and also stated that NRC holds public hearings required by Atomic Energy Act (Section 189) as a part of actions for public participation. She also stressed the importance of independence, openness, efficiency, clarity, reliability as the principles of regulatory body.
3) Prof. Fumito TOMOOKA, Professor of Law at Nihon University, introduced new regulatory standards developed after Fukushima Accident, efforts to restore confidence lost by the accident and challenges for it, and new challenges in new regulatory standards. He stated that it is important to continually update latest knowledge for safety improvement to keep confidence in restarted nuclear reactors.
4) Representatives from Indonesia, Kazakhstan, Malaysia, Mongolia, the Philippines, and Thailand reported on efforts for legal framework of nuclear safety and challenges for them.
* In Q and A session, following topics are raised:
Complexity of legal systems affecting operators' compliance; the importance of fulfilling licensing requirements; differences between regulator and law in interpretation and acceptance of expert advice; challenges to developing common standards in the European Union; legal systems for nuclear liability and compensation in the United States; the priority of international conventions or domestic laws when developing laws in newcomer countries; changes in regulatory standards in the United States after the Fukushima Accident; development of new regulatory standards for BDBA (Beyond Design Basis Accidents); the status of ratification of international conventions by non-nuclear power countries; regulatory independence in FNCA member countries.
Ms. Kimberly S. NICK Deputy Head, Office of Legal Counsel, OECD/NEA
Ms. Kimberly S. NICK
Deputy Head, Office of Legal Counsel,
OECD/NEA
Ms. Marian Zobler Deputy General Counsel, US Nuclear Regulatory Commission (NRC)
Ms. Marian Zobler
Deputy General Counsel, US Nuclear
Regulatory Commission (NRC)
Prof. Fumito TOMOOKA Professor of Law at Nihon University
Prof. Fumito TOMOOKA
Professor of Law at Nihon University
(3) Legal Framework of Public Participation
1) Mr. Pierre BOURDON, Junior Legal Adviser, Office of Legal Counsel, OECD/NEA, introduced the general principles of international environmental law regarding public participation. He outlined UNECE instruments including the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention), the Protocol on Strategic Environmental Assessment (SEA Protocol) and the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). He also introduced the Regional Agreement of the UN Economic Commission for Latin America and the Caribbean (ECLAC) as recent development in this field.
2) Mr. Rory WALLACE, Head, New Nuclear Policy Framework, Department for Business, Energy and Industrial Strategy, Government of the United Kingdom, introduced policy for nuclear application, as well as public participation for the establishment of new nuclear power station in UK. He stressed importance of better decision making based on the efforts of knowledge and information sharing through pubic communication and dialog.
3) Dr. Yoshihiro TANAKA, Associate Professor, Niigata University, introduced legal framework of public participation and the examples of efforts so far made in Japan in each stage to establish nuclear power station, namely, decision making, site selection of a new power station, license of site modification and site selection of permanent disposal facility. He mentioned that further development of legal regulations on public participation in each stage is still required.
4) Representatives from Australia, Bangladesh, China, and Vietnam reported on present status, challenges, and solutions related to legal framework of public participation.
* In Q and A session, following topics are raised;
The status of a proposal for a Global Pact for the Environment uniting most of the international environmental law principles under one single legally binding instrument, support from local government for the re-start of nuclear power station in Japan, written information sharing and communication with Parties to the Espoo Convention regarding the construction of the Hinkley Point C nuclear power station, plan to establish low level waste disposal facility in Australia, plan to construct new nuclear power station and emergency response in China.

Mr. Pierre BOURDON Junior Legal Adviser, Office of Legal Counsel, OECD/NEA
Mr. Pierre BOURDON
Junior Legal Adviser, Office of Legal Counsel,
OECD/NEA
Mr. Rory WALLACE Head, New Nuclear Policy Framework, Department for Business, Energy and Industrial Strategy, Government of the United Kingdom
Mr. Rory WALLACE
Head, New Nuclear Policy Framework,
Department for Business, Energy and Industrial
Strategy, Government of the United Kingdom
Dr. Yoshihiro TANAKA Associate Professor, Niigata University
Dr. Yoshihiro TANAKA
Associate Professor, Niigata University
5. Chairman' s Note
At the end of the meeting, Chairman made the following notes:
  • The main objective of today's meeting to obtain knowledge and share understanding through interactive conversation on the topics was dully achieved.
  • All the knowledge, advice, suggestion and recommendation provided today by all of the 18 speakers were very informative and meaningful.
    It would serve for practical legislation of the member states that the importance of regulatory organization's independence was realized again through the meeting.
    The issue of public participation would not be limited to the domestic issue but to be extended to the issue of interstates information disclosure, which would be practically a common issue among the FNCA member states.
    Chairman thanked all the participants for their active participation and stated that a meeting for the same issues need to be held in the not too distant future in order to follow up the legislation progress of each member state for the issue.


Forum for Nuclear Cooperation in Asia (FNCA)
“FNCA 2018 Study Panel”
Agenda

Date: 23 March 2018
Venue: Mita Conference Hall, Tokyo, Japan
Organized by: Cabinet Office (CAO) Government of Japan
Japan Atomic Energy Committee (JAEC)
Ministry of Education, Culture, Sports, Science and Technology, Japan (MEXT)
Cooperation: OECD Nuclear Energy Agency (NEA)
Chair Mr Toshio Sano, Commissioner of JAEC
Theme "Enhancing Domestic Measures in the Field of Nuclear Law"

Friday, 23 March
Session 1: Opening                    *OPEN TO PRESS
10:00 - 10:15
1. Opening Remarks
2. Self-introduction of Participants
3. Confirmation of Programme
4. Commemorative Photo
Session 2: Keynote Speeches     *OPEN TO PRESS
10:15 - 10:25 "Basic Policy for Nuclear Energy and White Paper on Nuclear Energy" (10 min)
 Presentation by Dr Yoshiaki Oka
 Chairman of the Japan Atomic Energy Commission
10:25 - 10:40 "Enhancing Domestic Measuresinthe Field of Nuclear Law" (10 min)
 Presentation by Ms Ximena Vásquez Maignan,
 Head, Office of Legal Counsel, OECD Nuclear Energy Agency
Session 3: Legal Framework of Nuclear Safety
10:40 - 10:55 General overview (15 min)
 Presentation by Ms. Kimberly S. Nick
 Senior Legal Adviser, OECD Nuclear Energy Agency
10:55 - 11:25 National perspective: United States(30 min)
 Presentation by Ms Marian Zobler
 Deputy General Counsel, US Nuclear Regulatory Commission
11:25 - 11:40 Japanese perspective(15 min)
 Presentation by Prof Fumito Tomooka
 Nihon University College of Law
11:40 - 12:00 Q&A and discussion (20min)
12:00 - 13:00 ** Lunch at Mita Room **
13:00 - 14:00 FNCA delegations presentations (6 countries x 10 minutes each) (60 min)
 1. Indonesia 2. Kazakhstan 3. Malaysia 4. Mongolia 5. Philippines 6. Thailand
11:40 - 12:00 Q&A and discussion (20min)
Session 4: Legal Framework of Public Participation
14:20 - 14:35 General overview (15 min)
 Presentation by Mr Pierre Bourdon
 Junior Legal Adviser, Office of Legal Counsel, OECD Nuclear Energy Agency
15:05 - 15:20 National perspective (30 min)
 Presentation by Mr Rory Wallace
 Head, New Nuclear Policy Framework, Department for Business, Energy and Industrial Strategy,
 Government of the  United Kingdom
11:25 - 11:40 Japanese perspective(15 min)
 Presentation by Associate Prof Yoshihiro Tanaka
 Niigata University Faculty of Law
15:20 - 15:30 Q&A and discussion (10min)
15:30 - 15:50 ** Coffee Break (20min)**
15:50 - 16:30 FNCA delegations presentations (4 countries x 10 minutes each) (40 min)
 1. Australia 2. Bangladesh 3. China 4. Vietnam
16:30 - 16:40 Q&A and discussion (10min)
16:40 - 16:50 ** Short Break (10 min)**
Session 5: Closing
16:50 - 17:00 Wrap-up (10min)

 

Forum for Nuclear Cooperation in Asia (FNCA)
“FNCA 2018 Study Panel”
List of Participants

Participants from FNCA countries
Australia

Mr Steven McIntosh
Senior Manager,
Government and International Affairs,
Australian Nuclear Science & Technology Organisation (ANSTO)

Mr Peter McGlinn
Senior Adviser,
International Affairs,
Australian Nuclear Science & Technology Organisation (ANSTO)
*FNCA Coordinator of Australia

Bangladesh

Mr Mahbubul Hoq
Chairman,
Bangladesh Atomic Energy Commission (BAEC)
*FNCA Coordinator of Bangladesh

Dr Meherun Nahar
Chief Scientific Officer,
Bangladesh Atomic Energy Commission (BAEC)

China

Mr Long Maoxiong
Deputy Secretary General,
China Nuclear Energy Association (CNEA)

Mr Chen Gang
General Legal Counsel,
China Nuclear Power Engineering Co.,Ltd
Member of IAEA INLEX

Indonesia

Dr Hendig Winarno
Deputy Chairman for Nuclear Technology Utilization,
National Nuclear Energy Agency of Indonesia (BATAN)
*FNCA Coordinator of Indonesia

Mr Gumilang Fuadi
Head,
Sub-Division of Law Advisory and Documentation,
Bureau for Legal, Public Relations, and Cooperation,
National Nuclear Energy Agnecy of Indonesia (BATAN)

Kazakhstan

Dr Vladimir Vityuk
Scientific Secretary,
National Nuclear Center of the Republic of Kazakhstan (NNC RK)

Dr Alexander Klepikov
Deputy Director,
Nuclear Technology Safety Center (NTSC)

Republic of Korea

Absent

Malaysia

Dr Abdul Muin Bin Abdul Rahman
Deputy Director General (Technical Program),
Malaysian Nuclear Agency (Nuclear Malaysia)
*FNCA Coordinator of Malaysia

Mr Raja Jamal Bin Raja Hedar
Research Officer,
Malaysian Nuclear Agency (Nuclear Malaysia)

Mongolia

Mr Chadraabal Mavag
Head of the Nuclear Technology Department,
The Executive Office,
Nuclear Energy Commission (NEC) of Mongolia
*FNCA Coordinator of Mongolia

Ms Erdenechimeg Choijiljav
Senior officer,
Cabinet Secretariat of Government of Mongolia

The Philippines

Dr Soledad S. Castañeda
Deputy Director,
Department of Science and Technology,
Philippine Nuclear Research Institute (PNRI)
*FNCA Coordinator of the Philippines

Ms Teresita G. De Jesus
Senior Science Research Specialist,
Philippine Nuclear Research Institute (PNRI)

Thailand

Dr Pornthep Nisamaneephong
Executive Director,
Thailand Institute of Nuclear Technology (TINT)
*FNCA Coordinator of Thailand

Dr Kanokrat Tiyapun
Nuclear Engineer,
Thailand Institute of Nuclear Technology (TINT)

Ms Kanchalika Dechates
Head of International Cooperation Section,
Thailand Institute of Nuclear Technology (TINT)

Vietnam

Dr Tran Ngoc Toan
Vice President,
Vietnam Atomic Energy Institute (VINATOM)
*FNCA Coordinator of Vietnam

Ms Cao Hong Lan
Deputy Director,
Department of International Cooperation,
Vietnam Atomic Energy Institute (VINATOM)

■Participants from Non-FNCA Countries
United Kingdom

Mr Rory Wallace
Head,
New Nuclear Policy Framework,
Department for Business, Energy and Industrial Strategy,
Government of the United Kingdom

United States

Ms Marian Louise Zobler
Deputy General Counsel,
US Nuclear Regulatory Commission

■Participants from International Organisations
OECD/Nuclear Energy Agency (NEA)

Ms Ximena Vásquez Maignan
Head,
Office of Legal Counsel,
OECD/Nuclear Energy Agency (NEA)

Ms Kimberly S. Nick
Senior Legal Adviser,
OECD/Nuclear Energy Agency (NEA)

Mr Pierre Bourdon
Junior Legal Adviser,
OECD/Nuclear Energy Agency (NEA)

■Participants from Japan
<Ministries>

1. Cabinet Office, Government of Japan (CAO)
(1) Japan Atomic Energy Commission (JAEC)
Dr Yoshiaki Oka

Chairman,
Japan Atomic Energy Commission (JAEC)

Mr Toshio Sano
Commissioner,
Japan Atomic Energy Commission (JAEC)

Dr Tomoko M Nakanishi
Commissioner,
Japan Atomic Energy Commission (JAEC)

(2) Secretariat of Japan Atomic Energy Commission (JAEC)
Mr Takahiro Hayashi

Director for Atomic Energy Bureau of Science, Technology, Innovation and Policy,
Cabinet Office, Japan (CAO)

Mr Yu Sumikawa
Deputy-Director, Office of Atomic Energy Policy,
Secretariat of the Atomic Energy Commission,
Cabinet Office, Japan (CAO)

Mr Keiji Ainoura
Chief Official,
Office of Atomic Energy Policy,
Secretariat of the Atomic Energy Commission,
Cabinet Office, Japan (CAO)

Mr Motomitsu Sadayasu
Senior Researcher,
Office of Atomic Energy Policy,
Secretariat of the Atomic Energy Commission,
Cabinet Office, Japan (CAO)

Mr Yasushi Aruse
Senior Researcher,
Office of Atomic Energy Policy,
Secretariat of the Atomic Energy Commission,
Cabinet Office, Japan (CAO)

Mr Katsuhiko Iwasaka
Senior Researcher,
Office of Atomic Energy Policy,
Secretariat of the Atomic Energy Commission,
Cabinet Office, Japan (CAO)

Ms Yuriko Sakurazawa
Senior Researcher,
Office of Atomic Energy Policy,
Secretariat of the Atomic Energy Commission,
Cabinet Office, Japan (CAO)

2. Ministry of Foreign Affairs (MOFA)
Mr Yuki Tanji
Official,
International Nuclear Energy Cooperation Division,
Disarmament, Non-Proliferation and Science Department,
Ministry of Foreign Affairs (MOFA)

3. Ministry of Education, Culture, Sports, Science and Technology (MEXT)
Dr Yuichi Michikawa

Deputy Director,
Office for Nuclear Non-Proliferation Science and Technology,
International Nuclear Cooperation Division,
Research and Development Bureau,
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

Mr Shoji Kasuga

Researcher,
International Nuclear Cooperation Division,
Research and Development Bureau,
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

4. Coordinator
Mr Tomoaki Wada

FNCA Coordinator of Japan

5. Advisor
Dr Hideki Namba

FNCA Advisor of Japan

6. Presenters
Prof Fumito Tomooka

Professor of Law at Nihon University

Dr Yoshihiro Tanaka
Associate Professor,
Niigata University

7. Observers
Mr Yasushi Tsukamoto

Japan Energy Law Institute

Mr Kazumasa Takahashi
Japan Energy Law Institute

Mr Kouhei Setou
Japan Energy Law Institute

Mr Katsuya Kuribayashi
Japan Energy Law Institute

Mr Masaaki Hori
Japan Energy Law Institute



Forum for Nuclear Cooperation in Asia (FNCA)
“FNCA 2018 Study Panel”
Presentations

Session 2-2 Keynote Speech-JAEC 880KB
Session 2-2 Keynote Speech-OECD/NEA 1.1MB
Session 3-1 General Overview-Nuclear Safety 1.5MB
Session 3-2 National Perspective-US 1.8KB
Session 3-3 National Perspective-Japan 280KB
Session 3-4 Indonesia 462KB
Session 3-5 Kazakhstan 1.8MB
Session 3-6 Malaysia 2.4MB
Session 3-7 Mongolia 3.2MB
Session 3-8 Philippines 849KB
Session 3-9 Thailand 737KB
Session 4-1 General Overview-Public Participation 609KB
Session 4-2 National Perspective-UK 1.8MB
Session 4-3 National Perspective-Japan 219KB
Session 4-4 Australia 1.4MB
Session 4-5 Bangladesh 1.1MB
Session 4-6 China 750KB
Session 4-7 Vietnam 213KB


Forum for Nuclear Cooperation in Asia