The introduction of nuclear energy power is essential due to increasing electric energy demand and at the same time the necessity of meeting by Poland the international requirements in the scope of limiting of the greenhouse gases, carbon dioxide and nitrogen. However without an amendment to the Atomic law, Energetic law and also others – dispersed in all legal system – provisions concerning this subject, the potential investor at the very beginning shall come across serious problem.
According to the „Polish Energy Policy until 2030” in prospect of next 20 years Poland has decided on building the nuclear power station. Such an intention should also contribute to achieving ambitious plans of balanced development in the scope of relative reduction of pollution emissions in the European Union. The implementation of the nuclear energy policy shall be based on the outcomes of reliable economic, ecological and social analysis justifying the necessity and specifying the conditions of the development of technologies in the safe, ecologically clean manner and economically competitive to other technologies.
The currently in force – Atomic law of 29th November, 2000 (Journal of Laws of 2007, No 42, item 276), which entered into force in 2001, is currently the most important act governing the issues concerning the nuclear safety in Poland. It specifies inter alia the activity in the scope of peaceful use of a nuclear energy, associated with real and potential exposure to radiation from artificial radiation sources, nuclear materials, devices producing ionising radiation, radioactive wastes and spent nuclear fuel. It also indicates the relevant bodies in the matters concerning the nuclear safety and the radiological protection and also the rules of civil liability for nuclear damages. Moreover in the above-mentioned act fines were provided for breaching the provisions concerning the nuclear safety and radiological protection and the rule of its imposing. Unfortunately the above-mentioned act, which still governs the activity of nuclear reactor in Świerk, currently does not enable building of an nuclear energy station. Thus Poland should in the first place adopt the new atomic law. Only after the above-mentioned it may consider preparing the proper business plan.
What should be changed?
By construing new provisions it should be taken into consideration that a nuclear energy station shall be the first venture including starting the energetic nuclear device. So far the provisions of the Atomic law concerning the nuclear processes, were applied in practice only in medicine or in relation to the research and scientific objects. On the other hand the provisions of the power sector and environmental protection do not cover with their scope nuclear energy.
The new regulations of the atomic law should define the nuclear power station, as a nuclear object, energetic and technical at the same time. Thus in the first place the inconsistencies within polish legal system should be removed. For example the process of building and starting the nuclear power station requires filling the gaps in the point of contact of: atomic, environmental protection, construction and energetic law as well as eliminating the inconsistencies of legal regulations concerning the lack of explicitly responsible body and regulations concerning dispersion of decision-making competencies. For this purpose it should be began with a verification of the consistency of the national provisions with international law and ratified by Poland international treaties and agreements. Particular attention should be paid to the regulations concerning the safety of construction, starting and operation of the power station and located within the station nuclear facilities. It is also necessary to regulate issues related to radiological safety, the protection of workers and the population against the effects of radiation, environmental protection and mitigation of effects of nuclear energy. You cannot ignore the legislation relating to export and import of radioactive materials and equipment of nuclear facilities, as well as the exchange of information on radiation incidents that may have an impact on the population and the environment. Moreover, it is also important determine detailed legal framework of the procedure for the designation of the power station location and assessing its impact on the environment.
Unifying the regulations concerning construction of nuclear power station.
The next step should be analyzing and amending the above-mentioned legislation making use of the European Law so as to establish the basis of the way for the investment and operation in accordance with the principles of safety, liability (operators and concessionaires), compensation (defined scope of the financial liability of the power station), independence as well as ensuring the peaceful use of nuclear energy.
Where do you start?
During the work on draw up of the above-mentioned provisions the requirements of the International Energy Agency, the European Utility Requirements (EUR) and the Western European Nuclear Regulator’s Association (WENRA) should be also used. They should be treated as framework, because it will be necessary to accept and adopt a number of detailed regulations and technical standards in force in the country of origin of the nuclear technologies. This applies particularly to the equipment and its components working under pressure and cranes which in Poland are being a subject to supervision exercised by the Office of Technical Inspection.
Finally, it is worth adding that in preparing the above-mentioned rules and regulations, Poland should base on the experiences of European countries such as France, which is the nuclear power, and which its regulation of the nuclear sector developed in accordance with the requirements of the EU. There is no mystery that we do not have any experience in the creation of nuclear regulation. We need help of experienced countries otherwise there will be bumpy and long road before the nuclear power station will be build in Poland .
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