Abstract
In this study we present an in-depth analysis of the existing licensing procedure for nuclear power in Sweden, and the related processes towards different public authorities. In order to put the existing legislation into context we also analyze the legal and political prerequisites for the establishment of nuclear reactors during the 1970s. The purpose of this report is thus to: (a) analyze the legal and political conditions under which the existing nuclear power plants in Sweden were built; and (b) review and analyze the existing licensing procedure for nuclear power in the country. Four main statutes (and several subordinated regulations) apply in connection with the establishment of a new nuclear plant in Sweden, including the adoption of physical plans, a principal governmental decision on the permissibility of the plant and at least five major licenses. Physical planning according to the Planning and Building Act is primarily a municipal responsibility. A plan has to meet certain environmental requirements; not least the 'provisions on efficient management of natural resources' in the Environmental Code, indicating how different kinds of land and water areas should be used and thereby direct the location of different installations. The Swedish rules are complex and vague in many
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Gaahlin, Emil;
Nilsson, Isabelle;
Pettersson, Maria;
Soederholm, Patrik
[1]
- Luleaa Univ. of Technology, Luleaa (Sweden)
Citation Formats
Gaahlin, Emil, Nilsson, Isabelle, Pettersson, Maria, and Soederholm, Patrik.
Licensing procedure for nuclear power in Sweden. An international look with lessons for Sweden; A description of the Swedish system for licensing; Tillstaandsproevning foer kaernkraft i Sverige. En internationell utblick med laerdomar foer Sverige.
Sweden: N. p.,
2011.
Web.
Gaahlin, Emil, Nilsson, Isabelle, Pettersson, Maria, & Soederholm, Patrik.
Licensing procedure for nuclear power in Sweden. An international look with lessons for Sweden; A description of the Swedish system for licensing; Tillstaandsproevning foer kaernkraft i Sverige. En internationell utblick med laerdomar foer Sverige.
Sweden.
Gaahlin, Emil, Nilsson, Isabelle, Pettersson, Maria, and Soederholm, Patrik.
2011.
"Licensing procedure for nuclear power in Sweden. An international look with lessons for Sweden; A description of the Swedish system for licensing; Tillstaandsproevning foer kaernkraft i Sverige. En internationell utblick med laerdomar foer Sverige."
Sweden.
@misc{etde_1010792,
title = {Licensing procedure for nuclear power in Sweden. An international look with lessons for Sweden; A description of the Swedish system for licensing; Tillstaandsproevning foer kaernkraft i Sverige. En internationell utblick med laerdomar foer Sverige}
author = {Gaahlin, Emil, Nilsson, Isabelle, Pettersson, Maria, and Soederholm, Patrik}
abstractNote = {In this study we present an in-depth analysis of the existing licensing procedure for nuclear power in Sweden, and the related processes towards different public authorities. In order to put the existing legislation into context we also analyze the legal and political prerequisites for the establishment of nuclear reactors during the 1970s. The purpose of this report is thus to: (a) analyze the legal and political conditions under which the existing nuclear power plants in Sweden were built; and (b) review and analyze the existing licensing procedure for nuclear power in the country. Four main statutes (and several subordinated regulations) apply in connection with the establishment of a new nuclear plant in Sweden, including the adoption of physical plans, a principal governmental decision on the permissibility of the plant and at least five major licenses. Physical planning according to the Planning and Building Act is primarily a municipal responsibility. A plan has to meet certain environmental requirements; not least the 'provisions on efficient management of natural resources' in the Environmental Code, indicating how different kinds of land and water areas should be used and thereby direct the location of different installations. The Swedish rules are complex and vague in many respects, and may therefore imply major uncertainties for a prospective investor. The legal protection is less unclear if an area is of national interest for a specific purpose, such as nature conservation, where it normally would not be possible to locate, say, a nuclear power plant. An area may also be of national interest for nuclear plants, which of course significantly alters the preconditions in favour of the plant project. The physical planning procedure comprises an 'environmental consideration' of the plan, including an 'environmental impact assessment' (EIA), provided the plan is likely to have significant effects on the environment. This 'programmatic EIA' does however not remove the obligation to perform a 'project-EIA' in connection with the licensing procedures. The most important function of the physical plan is to determine how land and water areas should be used. On the one hand, the location and design of plant installations may not deviate from what is prescribed in a detail plan. The plan is legally binding in this negative respect. On the other hand, a plan which points out an area for the purpose of constructing a nuclear power installation is no legal guarantee for acceptance of the site in subsequent decision-making. The location also has to comply with certain special environmental requirements regulated in the Environmental Code. The Government should always decide upon the 'permissibility' on new installations related to nuclear activities (e.g., a new nuclear plant). Basically, the Government decides if the proposed activity on a certain site is allowed or not. A crucial issue concerns the choice of site for the plant. Furthermore, as in physical planning, the government must apply the provisions on efficient management of natural resources, implying, for instance, that certain areas of national interest for other purposes normally must be avoided. In these cases, where the activity requires a license from the Environmental Court according to the Environmental Code, the Court prepares the case for the Government. A nuclear plant is, according to the Environmental Code, an 'environmental hazardous activity'. This means that the plant requires a license from the Environmental Court. The Court normally decides only upon license conditions for emissions etc.; 'best available technology' (BAT) is required according to chapter 2 in the Code. A separate Natura 2000 license is also required. A license is required for a 'nuclear technology activity', including the operation of a nuclear technology installation. The Nuclear Technology Act includes certain basic provisions vaguely prescribing that nuclear technology activities shall be operated so that requirements on safety are obtained and Swedish international obligations are fulfilled. The Act requires certain provisions in the Environmental Code to be applied. Most important is the link to the general rules of consideration, e.g., the obligation to use 'best available technology'. An EIA-procedure precedes the licensing. The Radiation Safety Authority should always issue 'conditions' related to radiation protection in general. Finally, a construction license is required, and is typically granted if the application does not contravene with what is prescribed in the detail plan for the area. Several important differences exist between the previous and the existing licensing procedure in Sweden. The power of the municipalities over the territorial planning system is today stronger than was the case during the 1970s. The most significant difference, however, is the introduction of the Environmental Code in the late 1990s.}
place = {Sweden}
year = {2011}
month = {Feb}
}
title = {Licensing procedure for nuclear power in Sweden. An international look with lessons for Sweden; A description of the Swedish system for licensing; Tillstaandsproevning foer kaernkraft i Sverige. En internationell utblick med laerdomar foer Sverige}
author = {Gaahlin, Emil, Nilsson, Isabelle, Pettersson, Maria, and Soederholm, Patrik}
abstractNote = {In this study we present an in-depth analysis of the existing licensing procedure for nuclear power in Sweden, and the related processes towards different public authorities. In order to put the existing legislation into context we also analyze the legal and political prerequisites for the establishment of nuclear reactors during the 1970s. The purpose of this report is thus to: (a) analyze the legal and political conditions under which the existing nuclear power plants in Sweden were built; and (b) review and analyze the existing licensing procedure for nuclear power in the country. Four main statutes (and several subordinated regulations) apply in connection with the establishment of a new nuclear plant in Sweden, including the adoption of physical plans, a principal governmental decision on the permissibility of the plant and at least five major licenses. Physical planning according to the Planning and Building Act is primarily a municipal responsibility. A plan has to meet certain environmental requirements; not least the 'provisions on efficient management of natural resources' in the Environmental Code, indicating how different kinds of land and water areas should be used and thereby direct the location of different installations. The Swedish rules are complex and vague in many respects, and may therefore imply major uncertainties for a prospective investor. The legal protection is less unclear if an area is of national interest for a specific purpose, such as nature conservation, where it normally would not be possible to locate, say, a nuclear power plant. An area may also be of national interest for nuclear plants, which of course significantly alters the preconditions in favour of the plant project. The physical planning procedure comprises an 'environmental consideration' of the plan, including an 'environmental impact assessment' (EIA), provided the plan is likely to have significant effects on the environment. This 'programmatic EIA' does however not remove the obligation to perform a 'project-EIA' in connection with the licensing procedures. The most important function of the physical plan is to determine how land and water areas should be used. On the one hand, the location and design of plant installations may not deviate from what is prescribed in a detail plan. The plan is legally binding in this negative respect. On the other hand, a plan which points out an area for the purpose of constructing a nuclear power installation is no legal guarantee for acceptance of the site in subsequent decision-making. The location also has to comply with certain special environmental requirements regulated in the Environmental Code. The Government should always decide upon the 'permissibility' on new installations related to nuclear activities (e.g., a new nuclear plant). Basically, the Government decides if the proposed activity on a certain site is allowed or not. A crucial issue concerns the choice of site for the plant. Furthermore, as in physical planning, the government must apply the provisions on efficient management of natural resources, implying, for instance, that certain areas of national interest for other purposes normally must be avoided. In these cases, where the activity requires a license from the Environmental Court according to the Environmental Code, the Court prepares the case for the Government. A nuclear plant is, according to the Environmental Code, an 'environmental hazardous activity'. This means that the plant requires a license from the Environmental Court. The Court normally decides only upon license conditions for emissions etc.; 'best available technology' (BAT) is required according to chapter 2 in the Code. A separate Natura 2000 license is also required. A license is required for a 'nuclear technology activity', including the operation of a nuclear technology installation. The Nuclear Technology Act includes certain basic provisions vaguely prescribing that nuclear technology activities shall be operated so that requirements on safety are obtained and Swedish international obligations are fulfilled. The Act requires certain provisions in the Environmental Code to be applied. Most important is the link to the general rules of consideration, e.g., the obligation to use 'best available technology'. An EIA-procedure precedes the licensing. The Radiation Safety Authority should always issue 'conditions' related to radiation protection in general. Finally, a construction license is required, and is typically granted if the application does not contravene with what is prescribed in the detail plan for the area. Several important differences exist between the previous and the existing licensing procedure in Sweden. The power of the municipalities over the territorial planning system is today stronger than was the case during the 1970s. The most significant difference, however, is the introduction of the Environmental Code in the late 1990s.}
place = {Sweden}
year = {2011}
month = {Feb}
}