Regulatory support and research

Support for the regulatory body is available in the form of technical or other expert professional advice or services as necessary to assist the body in its regulatory functions; however, this does not relieve the regulatory body of its assigned responsibilities, and independent decision making still has to be undertaken by the regulatory body. In making decisions, the regulatory body needs to consider the necessary means to assess advice provided by advisory bodies and the information submitted by the licensee. The rela­tionship between regulatory body competence and the extent of the techni­cal support is a delicate balance that needs to be considered from the initial stages of the establishment of a regulatory body.

There are several approaches to receiving technical or non-technical support. For example, independent advisory bodies may provide advice on a temporary or a permanent basis, or independent expert opinions can be sought from consultants with experience in the specific field. In general the advisory bodies advise and confirm whether the regulatory body has prop­erly addressed relevant safety issues in licensing reviews. For specific areas where expertise is not available within the regulatory body, a specific con­tract or services from research centres or academic institutions may be used to provide analysis of technical details and background. Finally, another approach is the establishment of a dedicated support organization working on a daily basis with the regulatory body.

The composition of advisory bodies may be derived from other govern­ment departments, regulatory bodies of other States, scientific organiza­tions, technical experts, non-government organizations and the regulated industry. Some advisory bodies can bring broad perspectives and advice to bear on the formulation of clear, practical and balanced regulatory policy and regulations. Other more technical bodies composed of members with a range of technical skills can be established to evaluate and advise on complex technical issues.

In general, the work carried out by technical support organizations involves conducting independent confirmatory analyses or research, techni­cal assistance on the resolution of specific regulatory issues, and the devel­opment of technical bases for safety policy and regulations. In order to develop these activities, the size, scope and responsibilities of the external support organizations need to be clearly specified.

In order to avoid any conflict of interest, as a minimum, the support provided to the regulatory body should not be provided to the licensee in the same subject area and vice versa. If this is not possible domestically, then the necessary advice or assistance may be obtained from organiza­tions in other States or from international organizations that have no such conflicts of interest. However, in cases where a gap in expertise in a significant safety area is identified within the State, the regulatory body needs to take the appropriate steps to build the necessary competence to fill this gap, using other governmental organizations if applicable (IAEA, 2010a).

The regulatory body may need other external technical services such as personal radiation dosimetry and environmental radiation monitoring, in­service testing and inspection, maintenance of special technical equipment, and metrological activities.

Regulatory research may serve to enhance the development of knowl­edge, competence and ownership in nuclear science and technology. Regulatory bodies use research, when necessary, for independent analysis and in order to formulate conclusions that enable regulatory decisions to be taken. Relevant areas of research include reactor physics, thermal hydraulics, materials sciences, strength analysis and probabilistic safety assessment. National research activities need to be considered and initiated as early as possible when considering launching a nuclear power pro­gramme; these programmes may be initiated within the existing institutions or within newly created institutions. For regulatory purposes, the national research programme should be focused on areas that are vital for safety.