Forum for Nuclear Cooperation in Asia (FNCA)
“FNCA 2019 Study Panel”

The 2019 Study Panel (the Panel) of Forum for Nuclear Cooperation in Asia (FNCA) was held on 7 March 2019 in Tokyo, hosted by Cabinet Office of Japan (CAO) and Japan Atomic Energy Commission (JAEC), in cooperation with OECD/NEA. The Panel was attended by representatives from the eleven FNCA member states (Australia, Bangladesh, China, Indonesia, Japan, Kazakhstan, Malaysia, Mongolia, the Philippines, Thailand, and Vietnam), as well as the experts from the Organisation for Economic Co-operation and Development (OECD) / Nuclear Energy Agency (NEA) and United States of America (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, the Panel was started in 2004 to serve as a forum to discuss the roles and challenges of nuclear power generation. Since then, the Panel has continued contributing to the exchanging and sharing of information among the member states. With growing awareness of the importance of nuclear energy application, through recent FNCA meetings, the member states have recognized the need for the appropriate infrastructure development of legal systems and human resources for introduction of nuclear power. Under such background, the focus of the discussion has been moved on to legal affairs since 2017 where member states share common interest and priority and it was intended to deepen understandings on nuclear liability in collaboration with international organizations well-informed in the field of nuclear law. Subsequently, the 19th Ministerial Level Meeting was held in December 2018, in which the member states agreed to continue promoting cooperation with the relevant international organizations including OECD/NEA. 2. Objectives of 2019 Study Panel The first objective was to share good practices and experiences of infrastructure development for nuclear power among the member states in order to make best use of such a knowledge in each member states and region gained through discussion on "Environmental impact assessment (EIA) in the legal and regulatory framework for nuclear energy-related activities", which consists of the two topics, namely "International legal framework regarding EIA" and "National perspectives on EIA for nuclear energy-related activities". The second objective was to enhance FNCA activities through intense cooperation with OECD/NEA, an international organization with expertise in this specific area. 3. Results of 2019 Study Panel The lectures in the Panel of 2019 on "International legal framework regarding EIA" and "National perspectives on EIA for nuclear energy-related activities" have enhanced the knowledge and understanding of the member states on EIA in the legal and regulatory framework for nuclear-related activities. They have openly shared challenges, information, advices, proposals and recommendations provided through the active question and answer session and the panel discussion, which helped the member states understand the mutual situation, as well as usher in practical applications of nuclear law. 4. Contents of 2019 Study Panel (lectures, questions and answers) (1) International Legal Framework regarding EIA 1) Ms. Kimberly S. NICK, Deputy Head, Office of Legal Counsel, OECD/NEA presented a general overview of the main agenda for this meeting. She began by introducing two important United Nations (UN) Declarations for EIA: the Declaration of the UN Conference on the Human Environment (Stockholm Declaration) and the Rio Declaration on Environment and Development. She then outlined environmental protection provided in the two nuclear safety conventions: the Convention on Nuclear Safety and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. Then she explained how nuclear energy is addressed in the environmental conventions of the UN Economic Commission for Europe (UNECE): the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention), the Protocol on Strategic Environmental Assessment to the Espoo Convention (SEA Protocol) and the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). She also touched upon the requirements in the European Union (EU), looking specifically at the EU EIA Directive and highlighted Fennovoima’s EIA report as an informative example in Finland. She brought up current issues in environmental law for nuclear activities such as compliance with the Espoo Convention and the necessity of EIA for lifetime extension of nuclear power plants. Lastly she emphasized the importance of policy, process, and procedure for EIA for nuclear activities in practice. ● In the question and answer session, the following topics were raised: Difference between EIA requirements for research reactors and nuclear power plants; access to Fennovoima’s EIA report; absence of legal framework for EIA in Asia. Ms. Kimberly S. Nick, OECD/NEA (2) National perspective on EIA for nuclear energy-related activities 1) Commissioner Stephen G. BURNS, United States Nuclear Regulatory Commission (NRC), presented on the implementation of EIA in the USA. He introduced National Environmental Policy Act (NEPA) which mandates the procedures of EIA and NRC review for the NEPA requirement on nuclear energy-related activities, following the outline of NRC. He explained the importance of compliance with related laws, cooperation with other Federal agencies and public involvement in the NRC review process. Lastly he emphasized the importance of considering transboundary environmental impact, giving the licensing for Fermi 3 Nuclear Power Plant of DTE Electric Company as an example. 2) Dr. Seiji MIYAMORI, Adjunct Assistant Professor of Hitotsubashi University introduced the development of EIA system for nuclear energy-related activities in Japan over the three distinct periods; before and after the consolidation of EIA system based on Environmental Impact Assessment Act (EIAA), and after TEPCO’s Fukushima Daiichi NPP accident. For future challenge, he discussed the need of detailed consideration to review and assess the risk of nuclear power in the framework, in which EIA based on EIAA and safety regulation based on the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors currently coexist. 3) Mr Tomohiko HOSHINO, Senior Executive Officer of the Japan Atomic Power Company (JAPC) reported implementation of EIA for Tsuruga Power Station (PS) Unit 3 and 4 from the viewpoint of the nuclear power utilities, following introduction of JAPC and Tsuruga PS. He explained general procedures, implementation schedule, survey, forecast, evaluation and environmental measures. He also reported that JAPC has continued to monitor environmental condition in order to verify the actual impact compared with the forecast and review the effectiveness of environmental measures after the construction had been started. Lastly he mentioned that intense communication with local citizens is important for construction of a Nuclear Power Station. 4) Representatives from Australia, Bangladesh, China, Indonesia, Kazakhstan, Malaysia, Mongolia, the Philippines, Thailand, and Vietnam reported on their national perspective on EIA for nuclear energy-related activities and challenges. ● In question and answer session, the following topics were raised: Time span and people responsible for the approval of EIA in the USA; public involvement in the NRC safety review; harmonization of inter-ministry collaboration in the USA; EIA and nuclear safety assessment of radioactive waste; participation of environmental/local agency in the environmental review process in US; resuming operation of Tsuruga PS. Commissioner Stephen G. Burns, US NRC Dr Seiji Miyamori, Hitotsubashi Univ. Japan Mr Tomohiko Hoshino, JAPC, Japan (3) Panel discussion with Q&A from FNCA Study Panel participants   At the panel discussion, Ms. NICK moderated and a 5-panelists made up of Mr. BURNS, Dr. MIYAMORI, Mr. A K M Raushan Kabir ZOARDAR, Chief Scientific Officer of Bangladesh Atomic Energy Regulatory Authority, Dr. LI Jingyun, Division Director, Ministry of Ecology and Environment of the People's Republic of China, and Dr. Vladimir VITYUK, Scientific Secretary of RSE "National Nuclear Center" of the Republic of Kazakhstan participated as panelists. They discussed mainly on the result of EIA, interest in Espoo Convention and impact of EIA on public acceptance. The three discussion topics addressed to the panelists include: - Criticism of the merits of EIA process in addressing the environmental concerns.   Interest of the states of panelists in becoming the signatories to the Espoo Convention (of transboundary nature).   The impact of the EIA process on public acceptance. 5. Chairman' s Note At the end of the meeting, the Chairman made the following closing remarks This meeting aims to share good practices and experiences of infrastructure development for nuclear power among the member states, to make best use of such a knowledge in each member state and region. The valuable knowledge and experience which were delivered by the four guest speakers, the reports which were made from the eleven member states, and the exchange of views among the participants in the panel discussion were all informative and contributed to the original objectives of this meeting. Personal networks built during the sessions will be a precious asset for the future activities. Finally, the Chairman also stated the following as his personal notes regarding FNCA activities as a whole. Since the activities of FNCA are so useful and practical and the achievements are beneficial for the social well-being in each member state and region, its visibility should be more enhanced through public relations. FNCA is encouraged to explore the possibility of collaboration with the other international bodies such as the IAEA/RCA or the development aid schemes like the UNDP. EIA is very important for the future nuclear activities. Accession to the existing convention or protocol of EIA is worth examining by the all FNCA member states.

Forum for Nuclear Cooperation in Asia (FNCA)
“FNCA 2019 Study Panel”
Agenda

Forum for Nuclear Cooperation in Asia (FNCA)
“FNCA 2019 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 States

■Participants from International Organisations
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 Fumikazu Sato
Deputy Director General for Science, Technology and Innovation,
Cabinet Office, Government of Japan (CAO)

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

Mr Keigo Kasaya
Deputy-Director, Office of Atomic Energy Policy,
Secretariat of the Atomic Energy Commission,
Cabinet Office, Government of Japan (CAO)

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

Mr Katsuhiko Iwasaka
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)

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)
Dr Yoshiko Okamoto
Deputy Director,
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)
Mr Shoji Kasuga
Deputy Director,
Office for Nuclear Non-Proliferation Science and Technology,
International Nuclear and Fusion Affairs Division,
Research and Development Bureau
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

Mr Yusuke Tanno
Researcher,
International Nuclear and Fusion Affairs Division,
Research and Development Bureau,
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

Dr Mai Fukahori
Researcher,
International Nuclear and Fusion Affairs 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
Dr Seiji Miyamori
Adjunct Assistant Professor (Junior Fellow),
Hitotsubashi University

Mr Tomohiko Hoshino
Senior Executive Officer,
The Japan Atomic Power Company (JAPC)

7. Observers
Mr Nobuyuki Monma
Assistant Manager,
Project Group,
Projects Development Department,
The Japan Atomic Power Company (JAPC)

Mr Jeremy Edwards
JSecond Secretary,
Economic and Scientific Affairs,
U.S. Embassy Tokyo

Ms Eemiko Sekiguchi
Senior Environmental Policy Analyst,
Science, Innovation, and Development Unit,
Economic and Scientific Affairs Section,
U.S. Embassy Tokyo

Forum for Nuclear Cooperation in Asia (FNCA)
“FNCA 2019 Study Panel”
Presentations

■ Session 2 General Overview - Ms. Kimberly S. Nick, OECD/NEA 3.2MB
■ Session 3-1 National Perspective, United States - Commissioner Stephen G. Burns, US NRC 1MB
■ Session 3-2 National Perspective, Japan - Dr Seiji Miyamori, Hitotsubashi Univ. 446KB
■ Session 3-3 FNCA Delegations' Presentations -Australia 815KB
■ Session 3-4 FNCA Delegations' Presentations -Bangladesh 917KB
■ Session 3-5 FNCA Delegations' Presentations -China 9.0MB
■ Session 3-6 FNCA Delegations' Presentations -Indonesia 1.0MB
■ Session 3-7 FNCA Delegations' Presentations -Kazakhstan 1.4MB
■ Session 3-8 FNCA Delegations' Presentations -Japan 3.0MB
■ Session 3-9 FNCA Delegations' Presentations -Malaysia 957KB
■ Session 3-10 FNCA Delegations' Presentations -Mongolia 100KB
■ Session 3-11 FNCA Delegations' Presentations -the Philippines 239KB
■ Session 3-12 FNCA Delegations' Presentations -Thailand 2.2MB
■ Session 3-13 FNCA Delegations' Presentations -Vietnam 201KB