Abstract
This study analyzes, based on Section 10 of the Swedish Nuclear Activities Act, the legal structures surrounding the issue of responsibility for safe management and final disposal of spent nuclear fuel. The purpose is to shed light on the legal aspects that must be considered in the future licensing process and thereby contribute to a better understanding of the importance of the legal structures for the decisions about final disposal that lie ahead of us. The overall question is thus future-oriented: What interpretation is it reasonable to assume will be given to the requirements of the Nuclear Activities Act on 'safe management and final disposal' of the spent nuclear fuel in the coming licensing process? The approach we take to this question is in part traditionally jurisprudential and based on a study of the travaux preparatoires (drafting history) of the Act and other legal sources. In addition, a study of legal practice is included where previous licensing processes are studied. One conclusion that can be drawn from this study is that the Swedish regulation of nuclear activities creates a legal basis for exacting far-reaching industrial responsibility from the reactor owners, but also for an extensive and interventionist state influence over
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Citation Formats
Cramer, Per, Stendahl, Sara, and Erhag, Thomas.
Responsibility for safe management of spent nuclear fuel - a legal perspective; Ansvarstagande i kaernbraenslecykelns slutsteg - ett raettsligt perspektiv.
Sweden: N. p.,
2010.
Web.
Cramer, Per, Stendahl, Sara, & Erhag, Thomas.
Responsibility for safe management of spent nuclear fuel - a legal perspective; Ansvarstagande i kaernbraenslecykelns slutsteg - ett raettsligt perspektiv.
Sweden.
Cramer, Per, Stendahl, Sara, and Erhag, Thomas.
2010.
"Responsibility for safe management of spent nuclear fuel - a legal perspective; Ansvarstagande i kaernbraenslecykelns slutsteg - ett raettsligt perspektiv."
Sweden.
@misc{etde_1004337,
title = {Responsibility for safe management of spent nuclear fuel - a legal perspective; Ansvarstagande i kaernbraenslecykelns slutsteg - ett raettsligt perspektiv}
author = {Cramer, Per, Stendahl, Sara, and Erhag, Thomas}
abstractNote = {This study analyzes, based on Section 10 of the Swedish Nuclear Activities Act, the legal structures surrounding the issue of responsibility for safe management and final disposal of spent nuclear fuel. The purpose is to shed light on the legal aspects that must be considered in the future licensing process and thereby contribute to a better understanding of the importance of the legal structures for the decisions about final disposal that lie ahead of us. The overall question is thus future-oriented: What interpretation is it reasonable to assume will be given to the requirements of the Nuclear Activities Act on 'safe management and final disposal' of the spent nuclear fuel in the coming licensing process? The approach we take to this question is in part traditionally jurisprudential and based on a study of the travaux preparatoires (drafting history) of the Act and other legal sources. In addition, a study of legal practice is included where previous licensing processes are studied. One conclusion that can be drawn from this study is that the Swedish regulation of nuclear activities creates a legal basis for exacting far-reaching industrial responsibility from the reactor owners, but also for an extensive and interventionist state influence over the activities. Of central importance in the model for division of responsibility that was established via the Nuclear Activities Act in 1984 is the RDandD programme (Research, Development and Demonstration). The RDandD programme reflects the political will that the requirement of 'safe management' should be met through research. The statutory forms for how the programme is to be organized reflect an ambition to place great responsibility for execution and financing on the industry, but also, and not least, an ambition to retain instruments of control and influence in the hands of the state. It is difficult to judge whether the hopes of the 1980s regarding the influence of the public over this process have been fulfilled. However, this regulatory framework gives the Government great leeway in imposing requirements on the industry with regard to different alternatives for managing the spent nuclear fuel. Based on the general formulation of the regulations, the answer to the question regarding the interpretation of the requirements in Section 10 of the Nuclear Activities Act is that this interpretation is in the hands of the political majority at the time of the licensing process. In other words, the question of what is safe according to the Nuclear Activities Act is a political one, and the legal interpretation is ultimately made by the Government and not by a court. If at the time of the decision there is a political majority that opposes granting a licence, legal argumentation may be offered, but hardly otherwise. This is a conclusion that is confirmed by the review of previous licensing decisions. Responsibility for management and disposal of spent nuclear fuel is regulated in Sweden by several different laws and regulatory complexes, which means that the regulatory frameworks overlap each other. It has been noted that a permit and licence for a final repository have to be applied for under both the Nuclear Activities Act and the Environmental Code. This study describes in general terms the parallel regulation of environmental, nuclear safety and radiation protection matters on the national and European levels. Examples are given of regulatory responsibility for waste management and for provision of information in connection with licence applications for final disposal within the framework of Euratom and the EU Treaty. Finally, the consequences of this type of parallel regulation for the Swedish licensing process are discussed. The study shows that due to parallel regulation at a national level, there are certain risks of overlap and contradiction, not least as regards conditions governing environmental responsibility as well as nuclear safety and radiation protection. Perhaps the greatest challenge for the development of civilian nuclear energy production is the need to create a regulatory framework that effectively prevents civilian nuclear activities from contributing to an increased proliferation of nuclear weapons. The purpose of this study is to describe and analyze how responsibility for upholding international commitments regarding non-proliferation of nuclear weapons is concretized in connection with the final disposal of spent nuclear fuel in Sweden. In the concluding chapter of the report, we present the investigation's overall conclusions regarding the regulation of responsibility in for the final disposal of spent nuclear fuel}
place = {Sweden}
year = {2010}
month = {Oct}
}
title = {Responsibility for safe management of spent nuclear fuel - a legal perspective; Ansvarstagande i kaernbraenslecykelns slutsteg - ett raettsligt perspektiv}
author = {Cramer, Per, Stendahl, Sara, and Erhag, Thomas}
abstractNote = {This study analyzes, based on Section 10 of the Swedish Nuclear Activities Act, the legal structures surrounding the issue of responsibility for safe management and final disposal of spent nuclear fuel. The purpose is to shed light on the legal aspects that must be considered in the future licensing process and thereby contribute to a better understanding of the importance of the legal structures for the decisions about final disposal that lie ahead of us. The overall question is thus future-oriented: What interpretation is it reasonable to assume will be given to the requirements of the Nuclear Activities Act on 'safe management and final disposal' of the spent nuclear fuel in the coming licensing process? The approach we take to this question is in part traditionally jurisprudential and based on a study of the travaux preparatoires (drafting history) of the Act and other legal sources. In addition, a study of legal practice is included where previous licensing processes are studied. One conclusion that can be drawn from this study is that the Swedish regulation of nuclear activities creates a legal basis for exacting far-reaching industrial responsibility from the reactor owners, but also for an extensive and interventionist state influence over the activities. Of central importance in the model for division of responsibility that was established via the Nuclear Activities Act in 1984 is the RDandD programme (Research, Development and Demonstration). The RDandD programme reflects the political will that the requirement of 'safe management' should be met through research. The statutory forms for how the programme is to be organized reflect an ambition to place great responsibility for execution and financing on the industry, but also, and not least, an ambition to retain instruments of control and influence in the hands of the state. It is difficult to judge whether the hopes of the 1980s regarding the influence of the public over this process have been fulfilled. However, this regulatory framework gives the Government great leeway in imposing requirements on the industry with regard to different alternatives for managing the spent nuclear fuel. Based on the general formulation of the regulations, the answer to the question regarding the interpretation of the requirements in Section 10 of the Nuclear Activities Act is that this interpretation is in the hands of the political majority at the time of the licensing process. In other words, the question of what is safe according to the Nuclear Activities Act is a political one, and the legal interpretation is ultimately made by the Government and not by a court. If at the time of the decision there is a political majority that opposes granting a licence, legal argumentation may be offered, but hardly otherwise. This is a conclusion that is confirmed by the review of previous licensing decisions. Responsibility for management and disposal of spent nuclear fuel is regulated in Sweden by several different laws and regulatory complexes, which means that the regulatory frameworks overlap each other. It has been noted that a permit and licence for a final repository have to be applied for under both the Nuclear Activities Act and the Environmental Code. This study describes in general terms the parallel regulation of environmental, nuclear safety and radiation protection matters on the national and European levels. Examples are given of regulatory responsibility for waste management and for provision of information in connection with licence applications for final disposal within the framework of Euratom and the EU Treaty. Finally, the consequences of this type of parallel regulation for the Swedish licensing process are discussed. The study shows that due to parallel regulation at a national level, there are certain risks of overlap and contradiction, not least as regards conditions governing environmental responsibility as well as nuclear safety and radiation protection. Perhaps the greatest challenge for the development of civilian nuclear energy production is the need to create a regulatory framework that effectively prevents civilian nuclear activities from contributing to an increased proliferation of nuclear weapons. The purpose of this study is to describe and analyze how responsibility for upholding international commitments regarding non-proliferation of nuclear weapons is concretized in connection with the final disposal of spent nuclear fuel in Sweden. In the concluding chapter of the report, we present the investigation's overall conclusions regarding the regulation of responsibility in for the final disposal of spent nuclear fuel}
place = {Sweden}
year = {2010}
month = {Oct}
}