January 23, 1998

The Honorable Ulf Boege
Ministerial Direktor
Abteilung III
Villemonbler Strasse 76
53123 Bonn
Deutschland

Dear Mr. Boege:

I am writing on behalf of the International Nuclear Regulators Association (INRA) concerning preparations for the Energy Ministerial scheduled for March 30-31 in Moscow. This letter has also been transmitted to your counterparts in the Eight participating in the Ministerial meeting.

We are pleased to hear that the important issue of nuclear safety will be considered at the meeting, with particular reference to the potential impact of current developments in the electric power sectors of participating nations on efforts to prevent the risks of future accidents at nuclear installations. Our Association has a keen interest in both nuclear safety and regulatory issues, given the fact that INRA’s members comprise the highest nuclear safety officials in countries operating a substantial majority of the world’s civil power reactors.

As a result of discussions at the past two meetings of INRA, we have developed a short paper which may be useful in preparations for the Moscow meeting. The paper outlines some essential considerations we believe must receive the most serious attention, especially during a period when competitive pressures in an evolving electricity sector are likely to generate pressures to reduce resources needed to maintain the highest levels of safety (Enclosed A).

We have further condensed this paper into a very few sentences which we hope could be considered for inclusion in the final document or communique at the Moscow meeting (Enclosure B).

In addition, we have been considering the issue of how to move from assistance to cooperation in nuclear safety between donor and recipient countries. INRA is in the process of developing a set of fundamental elements of nuclear safety regulation which might aid in that transition. We expect to complete these elements soon so they might be considered during preparations for this year’s Summit in Birmingham. In this light, we will be working with our governments and as a body to have nuclear safety remain on the Summit agenda as an issue which merits continued attention at the highest political levels. If you have any questions concerning the enclosed papers or INRA’s interests and activities, please do not hesitate to contact me directly.

Sincerely,

Shirley Ann Jackson

Enclosure: As stated

Enclosure A

STATEMENT OF THE INTERNATIONAL NUCLEAR REGULATORS ASSOCIATION

All countries which have made a national decision to utilize nuclear technology for energy production must ensure that nuclear safety receives the highest priority. This is particularly important during a period of increasing competition in the energy sectors of many countries.

Different countries will have different energy strategies in which nuclear energy may play a role. Development of a sound nuclear power program requires that basic infrastructure and institutional elements be present from the outset. It is fundamental that a national nuclear program must be developed within the context of an overall energy policy that places a proper focus on public health and worker and environmental protection, for all methods of energy production, including nuclear power.

Significant transformations are now underway in the economic and organizational aspects in most of the world’s electric utility sector, including those which are mature and those which are only now emerging. These transformations include restructuring, privatization, and in some aspects but not all, deregulation of the electricity market intensifying competition and cost reduction.

Elements common to all these evolving situations include increased competition in the electric power industry, placing an increased emphasis on reducing costs. Special attention needs to be given to areas where cost concerns could affect nuclear safety; these include:

- safety margin in design;

- maintenance;

- training;

- safety improvements;

- safety-related research;

- decommissioning funds; and

- loss of key staff.

The following key elements of nuclear safety should be present in every national nuclear power program:

• A national commitment to safety as the fundamental requirement for a nuclear program.

• Basic industrial, technological, and human resource infrastructure should be developed as part of the fundamental basis of nuclear safety.

• An unambiguous recognition that the prime responsibility for the safety of a nuclear installation rests with the holder of the license, while a strong and competent regulatory body shall ensure that each such license holder meets its responsibility. A key aspect of this is a focus on operational safety and the establishment, by the operator, of a system of effective safety assessment and management.

• A legislative and regulatory framework governing the safety of nuclear installations providing for national safety requirements and regulations, undergirded by a robust and coherent licensing regime to guarantee the incorporation of safety into the design, construction, operation, and maintenance of nuclear facilities. This licensing regime also assures the training and competence of nuclear operators. The process should be open and publicly accountable.

• A system of regulatory inspection and assessment, including independent safety analysis by the regulator, to ascertain compliance with terms of licenses, with concomitant enforcement of regulations, including suspension, modification or revocation.

• The regulatory body should implement the legislative and regulatory framework and have adequate authority, competence, and financial and human resources; there should also be an effective separation between the functions of the regulatory body and those bodies concerned with the promotion or utilization of nuclear energy.

• Due to intensifying competition in the electric power industry, regulatory organizations should give increased attention to:

- review of existing licensing requirements;

- enhanced cooperation in safety-related research;

- broader cooperation among regulatory organizations;

- more active monitoring of contractor and subcontractor activity;

- quality of licensee safety management; and

- adequacy of operators’ human resources, including training.

• Finally, increased attention to self-assessment by the regulators themselves, including maintenance and enhancement of the technical, personnel and financial resource capabilities necessary to assure safety in a changing industrial environment should be emphasized.

An important opportunity to assess the degree to which countries utilizing nuclear power are meeting these fundamentals will be the peer review meeting of parties at the International Convention on Nuclear Safety (CNS) which will be convened in April of 1999 in Vienna.

National reports under the Convention are to be submitted in September of this year. The potential significance of the CNS peer review for enhancing global safety is enormous. However, for the meeting to be successful, all parties to the Convention must show the maximum degree of transparency, seriousness, and technical competence in preparing their national reports and participating in the peer review.

Enclosure B

POSSIBLE ELEMENTS FOR MOSCOW ENERGY MINISTERIAL

Significant transformations in the economic and organizational aspects in most of the world’s electricity production sector have the potential to affect efforts by both operating and regulatory organizations to maintain and enhance the safety of nuclear power reactors. increased competition and pressures to reduce costs could affect many areas vital to safety, including: safety margin in design, maintenance, training, safety improvements, safety-related research and decommissioning funding.

During this period of change it is even more important that all nations choosing to utilize nuclear technology for energy production reaffirm their commitment to safety as the fundamental requirement for a nuclear program. In this respect, we reaffirm the principles and elements recently codified in the Convention of Nuclear Safety, including particularly: the primary responsibility of the licensee/operator for assuring safety; the need for a clear legislative and regulatory framework;/ and a regulatory organization having independence, authority, competence and the financial and human resources to perform its duties.

Due to intensifying competition in the electric power industry placing an increased emphasis on reducing costs, increased attention needs to be given to:

- review of existing licensing requirements;

- enhanced cooperation in safety-related research;

- broader cooperation among regulatory organizations;

- more active monitoring of contractor and subcontractor activity;

- quality of licensee safety management; and

- adequacy of operators’ human resources, including training.

The meeting of the parties to the Convention on Nuclear Safety to be convened in April 1999 provides a crucial opportunity for states party to this instrument to demonstrate their effective implementation of the key elements of nuclear safety. Parties to the Convention should actively participate in this peer review process in the most transparent, candid, serious and technically competent manner.

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