ML091831230

Trip Report for South Africa, March 23 to 27, 2009

ML091831230
Person / Time
Issue date:	03/23/2009
From:	NRC/OIP
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References
NRC-2018-000095, NRC-2018-000103
Download: ML091831230 (20)

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Official Use Only - Foreign Government Information NRC FOREIGN TRIP REPORT

Subject:

Travel to Pretoria, South Africa Dates of Travel and Countries/Organizations Visited:

March 23 to 27, 2009 National Nuclear Regulatory Authority of South Africa Travelers, Title, and Agency Affiliation:

John E Ramsey, Senior Level Advisor Office of International Programs Background/Purpose:

The primary purpose of travel to Pretoria, South Africa was to attend the first meeting of the 28 nation Forum of Nuclear Regulatory Bodies in Africa (FNRBA). The formal establishment of the FNRBA (which, in some ways, is intended to be the African counterpart to the Western European Nuclear Regulators Association, WENRA) marked completion of a two-year effort to establish a mechanism through which cooperation between nuclear regulatory authorities in Africa could be strengthened.

Abstract: Summary of Pertinent Points/Issues:

The assembled African regulators expressed sincere appreciation for the support that they have received from IAEA. The assembled regulators were also genuinely excited about the possibility of closer cooperation with USNRC.

The FNRBA members established several topically-focused working groups, including regulatory oversight of uranium mining/milling and new nuclear power plants. The FNRBA members requested cooperation and support from USNRC in both areas. In response, a general commitment of support was provided as both topics are areas where USNRC has assistance-related efforts either ongoing or planned. Engaging the FNRBA members through these topically-focused working groups will also save significant resources for USNRC (vice engaging as many as 28 different countries on a bilateral basis).

The FNRBA members also expressed significant interest in USNRC's ongoing or planned radioactive source-related assistance efforts. Unfortunately, a sources-focused working group was not established. As such, USNRC could receive requests for sources-related assistance from as many as 28 African countries.

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Official Use Only - Foreign Government Information Discussion:

Forum of Nuclear Regulatory Bodies in Africa The first meeting of the Forum of Nuclear Regulatory Bodies in Africa (FNRBA) was held March 23 to 27, 2009 in Pretoria, South Africa. The meeting was opened by Mr. Orion Phillips, Executive Senior Manager, Nuclear Technology and Natural Sources Division of the National Nuclear Regulator of South Africa, who welcomed participants and representatives of partner institutions. The working session was chaired by Professor Shemssedin Elegba, Director General of the Nigerian Nuclear Regulatory Authority and the current Chairperson of the Steering Committee of the Forum. The meeting was attended by heads and representatives of regulatory authorities from 28 African countries, observers from partner institutions (including USNRC, the European Radiation Protection Authorities Network and Asian Nuclear Safety Network) and representatives of the IAEA (including the Department of Technical Cooperation Division for Africa and the Department of Nuclear Safety and Security).

The opening remarks highlighted the challenges Africa faces, and will continue to face, in the 21st century. Having a reliable, sustainable energy supply plays a critical role in sustaining economic and social development. The potential for greater use of nuclear power in Africa (with South Africa being the only African country currently with a nuclear power program) and for significant interest in uranium mining was mentioned by several speakers. The need for increasing the public's access to advanced health care (nuclear medicine, for example) was also stressed.

All participating countries were invited to make a presentation on the current status of their national regulatory infrastructure. A brief summary of each national presentation is provided at (copies of the actual presentations are available upon request).

The African regulatory authorities agreed that increasing regional cooperation and support could play a key role in helping them address the common challenges they face. They agreed that creation of a formal coordination mechanism, subsequently named the Forum of Nuclear Regulatory Bodies in Africa (FNRBA), was warranted. The goals that they outlined for this mechanism include:

• To promote a common understanding of radiation and nuclear safety regulatory issues;

• To facilitate information exchange in the African Continent;

• To develop and strengthen a radiation and nuclear safety infrastructure across the region;

• To address the present and future challenges in respect of radiation and nuclear safety; and

• To create a uniform frontier of coordinating support and partnership initiatives.

The FNRBA members also formed topically-focused working groups, including:

• Upgrading safety in Uranium mining and milling (coordinated by Namibia);

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• Upgrading safety in Radiotherapy (coordinated by Tunisia);

• Regulating the safety of Nuclear Power applications (coordinated by South Africa);

• Upgrading safety in Research Reactor applications (coordinated by Ghana);

• Legislative and Regulatory infrastructure (coordinated by Ethiopia);

• Education, training and knowledge management (coordinated by Nigeria); and

• Upgrading safety in waste management (coordinated by Tanzania).

A new FNRBA Steering Committee was elected for a two year term of office, including:

• Chair is Professor Elegba from Nigeria;

• Vice Chair is Professor Hammou from Tunisia;

• Secretary is Mr Leotwane from South Africa;

• Deputy secretary is Mr Hajjani from Morocco; and

• Representatives from the five regions are: Mr Kamande (Kenya) for Eastern Africa, Dr Kaniki (DRC) for central Africa, Mr Kando (Niger) for western Africa, Mr Tibiniane (Namibia) for Southern Africa, to be determined for Northern Africa.

The organizational structure, goals, mission statement, program and activities were then reflected in the FNRBA Charter (copy provided at Attachment 2). This Charter was then formally endorsed (signed) by 18 of the 28 FNRBA members.

"On the Margins" The representative of Namibia indicated that, in his new role as coordinator of the FNRBA working group on uranium mining and milling, around 12 to 14 African countries expressed interest in participating in his new working group. He asked whether USNRC could offer training to the working group participants (similar to a training seminar USNRC offered in the fall of 2008). The representative of Namibia was advised that USNRC was planning on offering such training in the summer of 2009. The representative of Namibia agreed to help coordinate interested FNRBA members participation in this training workshop.

The representative of South Africa indicated that, in his new role as coordinator of the FNRBA working group on nuclear power plants, around 8 to 10 African countries expressed interest in participating in his new working group. He asked whether USNRC could somehow support this working group. The representative of South Africa, along with several FNRBA members, when then provided an overview of USNRC's ongoing or planned new reactor-related assistance efforts. All representatives enthusiastically agreed to participate in USNRC's efforts. The representatives of South Africa agreed to help coordinate interested FNRBA members participation in USNRC's ongoing or planned new reactor-related efforts.

A large number of countries (over 20) expressed interest in working with USNRC on enhancing regulatory oversight of radioactive sources (especially developing and maintaining their national registry). Unfortunately, a sources-focused working group was not established. As such, Official Use Only - Foreign Government Information

Official Use Only - Foreign Government Information USNRC could receive requests for sources-related assistance from as many as 28 African countries. USNRC should, as quickly as possible, develop an overall strategy for responding to these requests once received.

Pending Actions/Planned Next Steps for NRC:

USNRC should work to integrate, as much as possible on a regional basis, the FNRBA members into ongoing or planned assistance activities.

Points for Commission Consideration/Items of Interest:

It is suggested that this trip report be provided to the Commission for their information.

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Official Use Only - Foreign Government Information Attachment 1 Summary Status of Development of African Regulatory Authorities March 2009 Algeria A presidential Decree of 1996 creates and defines the organization and functioning of the Commissariat lÉnergie Atomique (COMENA), as the Regulatory Body under the ministry of energy and mining. Main radiation safety regulations have been issued. All regulatory activities are carried out by COMENA. A National Register of radiation sources is maintained using RAIS 3.0 SQL. Cooperation with customs to control import/export is in place. Staff is trained through national and regional IAEA TC programs. Training is provided to stakeholders e.g. customs, civil defense etc. A new law regulating nuclear activities and radiation safety is under drafting.

Angola The Angolan Atomic Law was promulgated on September 5, 2007. This law is in accordance with IAEA BSS and GS-R-1. At the end of 2008 the Atomic Energy Regulatory Authority (AERA) was appointed. Regulations and guidance are under preparation. An inventory of radiation sources is in progress, and RAIS 3.0 will be used to maintain the national register of sources.

Some inspections have been carried out but there is no formal regulatory program in place yet.

Some international instruments have been ratified.

Burkina Faso Burkina Faso adopted the law on nuclear safety and the protection against radiation ionizing in April 26, 2005. This law creates the National Authority of Protection against radiation and Nuclear Safety (ARSN) which is the regulatory body under the Ministry in charge of the Environment. The decree on organization, operation and attribution of the ARSN was adopted by the Council of Ministers in May 2008. Several radiation safety regulations are being drafted.

The ARSN is functional and undertakes activities of authorization, inspection and inventory of radiation sources. RAIS 3.0 is also used. ARSN has financial resources through the national budget but ARSN is characterized by an insufficiency of qualified humans resources and lack of equipments. The personnel takes part in national and regional training courses. The law will be revised in 2010, with IAEA assistance.

Botswana The legal framework and regulatory infrastructure are in place and functional with the Radiation Protection Act & Regulations, establishing the Radiation Protection Board and the Department of Radiation Protection (since 2007/2008). The regulatory body has limited independence, staffing needs and adequate resources. There is a national register of sources, and all regulatory activities are being discharged, but all facilities are not licensed yet. Arrangements are being made to establish Memoranda of Understanding with the appropriate national authorities.

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Official Use Only - Foreign Government Information Cameroon The current law on Radiation Protection, promulgated in January 1995, is not consistent with BSS and GS-R-1, it is currently being revised. A set of application decrees are being drafted to complement the existing decree that establishes the Agence Nationale de Radioprotection (ANRP). ANRP is currently being staffed, and regulatory activities are being started. National cooperation with other authorities is only informal for the moment. MoU will be prepared.

Resources of ANRP, although not sufficient, are increasing every year.

Cote dIvoire The law on radiation protection establishes the Ministry of Health as the competent authority in radiation safety. There are no regulations in place. The regulatory activities are being discharged by the Laboratoire National deSante Publique (LNSP) for the Ministry of Health, without proper empowerment. LNSP has no formal mechanisms for national cooperation. LNSP is involved in some IAEA activities. There are currently discussions to establish a proper regulatory body in Cote dIvoire.

Democratic Republic of Congo Legislation and regulations are in place, establishing and empowering the CNPRI as the Regulatory Body. The government has allocated lodging and budgetary funds in 2008 and 2009. Staff has been recruitment and trained. Equipments have been provided by IAEA and US DOE. There is currently a poor cooperation with national institutions and regulatory activities are not properly carried out.

Egypt A national legislative and statutory framework has been established since 1960. Egypt took the decision to have a comprehensive and unified Nuclear and Radiation Law. The proposed Law has been drafted and is going through machinery of government. It may pass on to Parliamentary Agenda within the next few months. It will establish a single and effectively independent regulatory body. The existing radiation protection infrastructure is meeting the basic statuary requirements of the country under existing country regulations. However improvements are needed to make it more efficient, in particular training of personnel.

Ethiopia A revised radiation law was enacted in 2008. Regulations are now being revised. The Regulatory Body, Ethiopian Radiation Protection Authority, is in place and is discharging all regulatory functions. Human and financial resources are available, but there are needs for additional resources. National cooperation is effective with customs, regional states, the ministry of health. International cooperation with IAEA, CTBTO, US DOE is established.

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Official Use Only - Foreign Government Information Gabon The existing Law for radiation protection is being revised and has been adopted by the council of Ministers. Regulations will be drafted when the revised law is enacted. The current regulatory body is the Minister of Energy, with the technical support of the Centre National de Protection et de Prevention contre les Rayonnements Ionisants (CNPPRI). The current resources of CNPPRI are not sufficient. NO formal mechanisms are in place for cooperation at the national or international level. The process of notification to CNPPRI of any intention to carry out a practice using ionizing radiation is in place, no other regulatory activities are being conducted. Inspection procedures are being drafted.

Ghana The Atomic Energy Act 588 of 2000 and Legislative Instrument (LI) 1559 of 1993 provide for the RPI/RPB to function as a regulatory body, within the Ghana Atomic Energy Commission. A new draft law is available for consideration of Parliament; it will establish an independent regulatory body. RPI/RPB is a fully operating regulatory body discharging the regulatory functions. MOU with Ministry of Health, National Disaster Management Organization, Customs and Excise Preventive Service have been signed. RPI/RPB has limited resources for developing, implementing and reviewing safety standards and regulatory practices including regulatory research and development.

Kenya Kenya has a radiation protection act and associated regulations. Radioactive waste management regulations are being drafted. The Radiation Protection Board is the regulatory body, composed of Headquarters and four regional offices. It discharges all the regulatory activities: notification and national register of sources, authorizations, inspection and enforcement. It cooperates with several national authorities. It is involved in international projects with IAEA, WHO, GTRI, Megaport initiative.

Libya The Act on the use of radiation sources and radiation protection, from 1982, amended in 2002, provides the legislative framework. There are two regulatory bodies: the Division for Nuclear Safety and Security (DNSS); established in 2001, under the National Authority for Scientific Research, responsible for Safety and Security of nuclear installations and materials and the Division of Radiation Protection, established in 1982, under the department of Radiation Protection and health physics at TNRC, in charge of regulating radiation sources. There are plans to revise the existing legal framework in the near future. There is a level of cooperation national and international. All regulatory activities are being discharged, but the inspection program is not well developed.

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Official Use Only - Foreign Government Information Madagascar Madagascar has a Law and four application decrees. Madagascar plans to revise the Law for ensuring full compliance with IAEA standards. The regulatory body established by the Law is not yet in place. INSTN discharges regulatory functions and responsibilities (national register, licensing, control, waste management and public information) until the Regulatory Body is in place. INSTN is cooperating with IAEA and WHO. At the national level, cooperation takes place with Customs and Public security department.

Malawi There is currently no regulatory infrastructure. National Nuclear Legislation is being developed.

Sectoral regulations are being drafted to address specific areas of mining and occupational safety, and these include draft mining regulations under the Ministry of Mines and Energy and Occupational Safety and Health under the Ministry of Labour. Regulatory Body for Radiation Protection has not been established and this is awaiting completion of the Nuclear Legislation.

At the national level, the Ministry of Lands and Natural Resources through the Department of Environmental Affairs is spearheading formulation of the Nuclear Law in consultation with the Ministries of Mines and Energy, Labour, Irrigation and Water Development, Health, Agriculture and Justice and Constitutional Affairs. At the international level, Malawi joined the IAEA in 2006 and has since signed Small Quantities Protocol in 2007. Malawi is participating in a number of Projects supported by the IAEA.

Mali Legislation and regulations are in place. There is a unique regulatory body, AMARAP. It has its own budget but is under the authority of the ministry of Energy, Mines and Water. Most regulatory activities are being conducted, but with limited inspection activities. Bringing all activities under regulatory control remains a challenge. AMARAP is cooperating with other national agencies and other regulatory bodies in the region.

Morocco Legislative and regulatory framework is in place. It is currently being revised and upgraded. A new law has been drafted, finalized with IAEA assistance, and is in the approval process. There are currently two regulatory bodies, the ministry of Energy and Mines for nuclear safety, the Centre National de radioprotection (CNRP, Ministry of Health) for radiation safety. There are wide national and international cooperation programs. All regulatory activities are being discharged.

Namibia The Atomic Energy and Radiation Protection Act was gazetted in 2005. The Act establishes the regulatory body and set the requirements for authorization (notification, registration, licensing)

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Official Use Only - Foreign Government Information as well as power to established regulations. This law came into operation when the Atomic Energy Board was established in February 2009. The National Regulatory Authority will be established in 2009, while the draft regulations are expected to be gazetted in the same year.

The new Regulatory Body will take over the current regulatory activities that have been undertaken under the auspices of the Ministry of Health and Social Services. An adequate budget for staffing and resources such as equipment and vehicles have been allocated to the regularly body for the 2008/9 financial year.

Niger The legal and regulatory framework for the safety and security of radiation sources in Niger includes three laws and two application decrees. Three additional regulations are being drafted.

The Regulatory body, Centre National de Radioprotection, is well established and effectively independent. The annual budget allocated by the Government is adequate for discharging all regulatory functions. There is a need to increase the human resources. CNRP cooperates with Customs, Civil Protection and the Ministry of Mines. Cooperation with Benin will be seek for ensuring safety of uranium ores transportation.

Nigeria The Act 19 of 1995 is under review and a new Bill on Safety, Security and Safeguard together with a Medical Physics Bill are awaiting approval by National Assembly for promulgation into law. So far 11 practices specific Regulations have been gazetted and several guides and manuals have been developed. NNRA is an independent Regulatory Body and has its own budget. The NNRA has emplaced a regulatory framework within the context of the Act to effectively fulfil its primary regulatory functions. Presently, the NNRA has 198 staff trained both locally and internationally. There is a need for more staff and training particularly with the new government commitment to NPP. NNRA has national cooperation with several agencies. There is also an international cooperation with US DOE GTRI and regulatory bodies of South Africa, USA, Russian Federation, Czech Republic on, Finland and France.

Senegal There is a law on radiation safety but it is not yet implemented. The Regulatory Body, established by the Law, is not in place yet. An ad-hoc structure in the ministry of education and research is in charge of radiation safety issues at the national and international levels. No regulatory activities are being discharged yet.

Seychelles There is no legal framework for radiation safety in Seychelles. An IAEA unit has been established in the ministry of employment and human resources development to undertake regulatory authority activities with the assistance of IAEA. The radiation safety and security bill has been finalized and submitted to the assembly for approval. There is a need for training Official Use Only - Foreign Government Information

Official Use Only - Foreign Government Information people that will be involved in regulatory activities, in particular inspections. Initial actions for cooperation with other national authorities have been taken.

South Africa The NNR is established by the NNR Act of 1999. It is governed by a board of directors, a CEO and the regulatory staff. The Minister of Mineral and Energy is the executive authority responsible for the NNR and appoints the NNR board. The Minister, must, on recommendation of the NNR board, make regulations regarding safety standards and regulatory practices for exercise regulatory control over nuclear installations, vessels propelled by nuclear power or having radioactive material on board and actions through the granting of nuclear authorizations.

The Department of Health is the regulatory body for all other radiation sources. NNR has bilateral agreements with regulatory bodies from US, Canada, France and Slovakia. NNR is a member of the Framamtome Reactor Regulators Group (FRAREG) and the forum of regulators of countries with small nuclear program (NERS).

Sudan The legal and regulatory framework id provided by two acts, establishing two regulatory bodies, with some overlaps. Only one Act has been implemented. Sudan Atomic Energy Commission is the only operating regulatory body. A new act has been drafted to establish one regulatory authority, it is expected to be enacted in 2009, and will create a sing le regulatory body for nuclear and radiation safety. Some regulations and guides are in place, and SAEC is discharging the regulatory functions. The national register of sources is maintained with RAIS.

Several MoUs with national stakeholders are in place.

Tanzania The Atomic energy act of 2003 establishes the Tanzania Atomic Energy Commission. Atomic energy regulations for protection against ionizing radiation were issued in 2004. TAEC discharges all regulatory functions, with a budget provided by the Government. At the national level, TAEC cooperates with Customs, Police, Ministry of Health, Ministry of justice, MoUs are in draft stage. International cooperation is taking place with IAEA, US DOE, Interpol, CTBTO.

Tunisia CNRP created by law in 1981 is regulating all activities related to radiations: use, import, export, transport. CNRP maintains a national register of sources and discharges all regulatory activities.

CNRP has additional activities: dosimetry, spectroscopy, environment survey and calibration.

CNRP controls waste management, scrap metal, has a research and training unit and cooperates at national (CNSTN, CP, Customers,) Maghrebin, Mediterranean and International levels (IAEA, WHO, IRSN-France, CNRP-Morocco, NNSA-USA). The radiation protection law and regulations are being revised. In addition, the national regulatory infrastructure for safety is being upgraded by the drafting of a comprehensive nuclear safety, radiation safety and nuclear security law.

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Official Use Only - Foreign Government Information Uganda The legal framework for safety in Uganda has been recently updated with the enactment of a new Law that entered into force in February 2009. It establishes the National Atomic Energy Council as the regulatory body. Currently, an ad-hoc committee is working to establish the modus operandi of the Council. Uganda hopes to benefit from sharing the experiences and expertise of the other African States to establish its regulatory infrastructure for safety.

Zimbabwe The Radiation Protection Act, Act 5 of 2004 is in place. Regulations are in draft form and there are no codes of practice. The Radiation Protection Board is in the process of putting in place the regulatory authority, the Radiation Protection Authority of Zimbabwe (RPAZ). The resources allocated are inadequate. Cooperation at national level is not institutionalized. Internationally, cooperation is done with IAEA. Efforts are underway to engage other international agencies and other regional regulators. Currently the Radiation Protection Unit in the Ministry of Health and Child Welfare carries out regulatory activities; registration, licensing and inspection. The extent to which these activities are carried out is limited by the inadequacy of resources; financial as well as human.

Regional Overview From the presentations of the 28 countries participating in the meeting, the following elements give a general picture of the status of the regulatory infrastructure for safety in Africa.

26 Countries have legislation in place. It is not always consistent with IAEA standards. Nine countries are currently revising their legislation, and five additional countries plan to do it in the near future. Two countries, new IAEA Member States, have no radiation safety legislation in place, but are in the process of drafting their first act (Malawi and Seychelles).

18 Countries have radiation safety regulations in place, supporting the legislation. Most of the countries are currently drafting initial or revised or complementary regulations.

22 Countries have a regulatory body in place, discharging some of the regulatory activities.

Inspection and enforcement are the weakness parts of the regulatory programs. 18 Countries have a formal licensing process in place and operational. 18 Countries have a maintained national register of radiation sources.

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