G. CARUSO, International Atomic Energy Agency

(IAEA), Austria

Abstract: Technology, people and organizations are the main contributors to safety and need to be considered properly in the regulatory framework in order to provide effective independent regulation of nuclear installations. The regulatory oversight includes the development and application of regulatory functions. The outcome of these functions provides the basis for determining the independent decision making on safety. The regulatory requirements, criteria and regulations that make up the selected regulatory approach are the basis for regulation and need to be properly integrated in the regulatory pyramid in accordance with the licensing process and with national arrangements.

Key words: licensing process, regulatory requirements, regulatory inspections, regulatory enforcement, regulatory oversight.

4.1 Introduction

Individual States establish the national policy for safety by means of differ­ent instruments, statutes and laws. The nuclear regulator is empowered to regulate and control nuclear activity; the regulator implements national policy by means of a regulatory programme and verifies compliance with national regulations. In general, the regulatory body develops strategies and promulgates regulations in the course of implementation of these national laws and policies.

The regulatory framework, as a major part of the national safety infra­structure, is considered in the national policy, taking into account all bodies and organizations involved and their assigned responsibilities. Building a

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national safety infrastructure for nuclear power is a complex and multidis­ciplinary activity and can take over 10 years to complete.

In general, the policy for safety includes aspects such as general safety principles to protect both people and the environment, international legally binding and non-legally binding instruments, the regulatory system, the different governmental offices and organizations involved in nuclear safety, human resources and national safety research. These aspects are strongly dependent on national arrangements, the legal system, and current and future national considerations. The International Nuclear Safety Group (INSAG) has promoted a global safety regimen based on the IAEA Safety Standards and safety related Conventions (INSAG, 2007).

The fundamental objective with regard to nuclear safety is to protect people and the environment from the harmful effects of ionizing radiation. A comprehensive safety framework needs to be developed by the State, taking into account the Fundamental Safety Principles of the International Atomic Energy Agency (IAEA, 2006a) which represent the international consensus. Laws, ordinances and decrees are promulgated taking into con­sideration national policies, the current social and economic situation in the State and other specific circumstances that can influence the develop­ment of nuclear power. Normally, it is recommended to review and revise existing provisions to follow as close as possible the Fundamental Safety Principles.