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

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 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, 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. Marian Zobler Deputy General Counsel, US Nuclear Regulatory Commission (NRC) 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. 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 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

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

■Participants from FNCA countries
Australia

Bangladesh

China

Indonesia

Kazakhstan

Republic of Korea

Malaysia

Mongolia

The Philippines

Thailand

Vietnam

■Participants from Non-FNCA Countries
United Kingdom

United States

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

■Participants from Japan
<Ministries>

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