Turkey's Way to Nuclear Energy – an Example for a Newcomer's New Build

Nuclear New Build in Turkey

Die Regierung der Republik Türkei geht seit einigen Jahren sehr entschlossen voran, um bis zum Jahre 2020 das erste Kernkraft- Turkey’s way to nuclear werk in der Türkei in Betrieb nehmen zu kön- nen. Das weit über dem EU-Durchschnitt lie- gende Wirtschaftswachstum der Türkei erfor- energy – An example for dert eine moderne und verlässliche Energie- versorgung für die Bevölkerung und Wirt- schaftsunternehmen. Energiepolitische und energiewirtschaftliche Entscheidungen der a newcomer’s new build Regierung der Republik Türkei für die Ver- wirklichung der notwendigen Schritte zur Er- reichung der Energieversorgungsziele werden zügig umgesetzt. Dabei spielt die Verringe- Bin ölçüp bir biçmeli. rung der Abhängigkeit von Energieimporten eine wesentliche Rolle. Hierzu soll der Aufbau (Turkish proverb meaning that it is worth weig- der Kernenergie in der Türkei genutzt werden. Kernkraftwerken werden geringere ökologi- hing up thousand times in order to reap once.) sche Nachteile als fossilen Energieerzeugungs- formen und höhere Erzeugungsverlässlichkeit als Wärme- oder Wasserkraftwerken zuge- Erinç Ercan, Hamburg, and Horst Schneider, Bonn standen. Der Standort für das erste Kern- kraftwerk in Mersin-Akkuyu ist festgelegt und wird wissenschaftlich systematisch unter- sucht, damit der von der Regierung ausge- wählte russische Partner die Anlage errichten und betreiben kann. Für das am zweiten During the years 2001 to 2010 economic country’s welfare» the following general Standort in Sinop-İnceburun vorgesehene growth averaged 1.3 % in the EU-27 and facts and expectations: «Secure energy Kernkraftwerk wird die Ausschreibung vorbe- reached 1.1 % in the Euro-Zone, whereas supply remains essential also for our coun- reitet. Das energierechtliche und vor allem Turkey recorded an average economic try. In this context, significant progress has das atom- und strahlenschutzrechtliche Vor- growth of 4 % [1] in the same period, been made recently in legal and technical schriftensystem einschließlich des sog. unter- which was associated with an increase in terms which include restructuring our en- gesetzlichen kerntechnischen Regelwerks für kommerzielle Kernkraftwerke wird fortent- the demand for electricity [2]. In the 1980s ergy market on a competitive transparent wickelt. Insbesondere die erforderlichen si- and 1990s, the energy-mix was depending basis, identifying and utilizing our domes- cherheitstechnischen Vorgaben für Errichtung mainly on thermal generation, but has un- tic and renewable resource potentials, und Betrieb der Kernkraftwerke müssen wei- dergone with the increase in hydro genera- making nuclear energy a part of electricity ter ausgearbeitet werden. Das für die Verfah- tion by the Southeastern Anatolia Project a production, and making use of energy effi- ren benötigte Personal bei Behörden und im steady development and significant in- ciency and new energy technologies. Tur- Expertenbereich ist auszubilden und für die crease in capacity [3]. Nevertheless, Tur- key’s energy policy principally aims at: Praxis intensiv vorzubereiten. Vor diesem key’s energy sector remained dependent on Making energy available for the consumers Hintergrund werden im Anschluss an den Be- imports, since over 70 % of domestic ener- in terms of cost, time and amount, exploit- richt in atw 2007, 15 ff vor allem die sicher- gy consumption had to be imported in 2010 ing public and private facilities within the heitstechnischen Aspekte der Kernkraftwerke [4]. Turkey had intended the use of nuclear framework of free market practices, dis- im Hinblick auf ihre Planung, Standortaus- energy for quite some time, but has under- couraging import dependency, securing a wahl, Errichtung und Betrieb betrachtet. Oh- ne verlässlichen Rechtsrahmen und fundiertes taken consistent steps only since 2004 [5]. strong position for our country in regional Regelwerk können Genehmigungsverfahren Finally, after the determined and ambitious and global trade of energy, ensuring the für Errichtung und Betrieb kaum bewältigt actions by the government, the likelihood availability of diversified resources, routes werden, die währenddessen durchzuführende further substantiated in 2012 that Turkey and technologies, ensuring maximum use Aufsicht dürfte nicht effizient und somit die will have its first nuclear power plant in the of renewable resources, increasing energy Sicherheit gewährleistend wahrgenommen near future [6]. Status and prospects in the efficiency, minimizing negative environ- werden können. Der bisher eingeschlagene areas of energy economics and energy leg- mental impact while producing and using Weg in der Türkei wird auch kurz mit wesent- islation as well as in nuclear and radiation energy and natural resources. Between lichen Grundlagen in Ländern verglichen, die protection regulation including safety re- 1990 and 2008 in our country, [the] annu- über eine lange Erfahrung mit der friedlichen quirements for commercial nuclear power al average rate of increase in primary ener- Nutzung der Kernenergie verfügen. Zusam- plants justify this assessment. However, gy demand was realized as 4.3 %. Among menfassend kann nicht verlässlich prognosti- there is still a consolidation of the nuclear other OECD countries, Turkey has had the ziert werden, ob in der Türkei die ambitio- nierten Planungen zur Kernenergienutzung legislative and regulation system needed. highest rate of energy demand increase of zeitgemäß vom Betreiber und der zuständi- the past 10 years. Similarly, since 2000, gen Atombehörde umgesetzt werden. our country has been the second largest 1. The roadmap of Turkish energy economy after China for having the highest policy for nuclear energy rate of increase in electricity and [natural] Anschriften der Verfasser: gas demand. Projections by our Ministry Anwaltskanzlei Alstertor The Ministry of Energy and Natural Re- show that this trend will continue in the Rechtsanwalt Erinç Ercan sources (ETKB) outlines with regard to its medium run. In 2008, total primary energy Alstertor 20 mission «to ensure efficient, effective safe consumption of our country was realized 20095 Hamburg, Germany and environment-sensitive use of energy as 106.3 million TEP, while production was Dr. Horst Schneider and natural resources in a way that reduc- at 29.2 million TEP. Of total energy supply, Berghovener Straße 90 es external dependency of our country, [natural] gas comes first (32 %) which is 53227 Bonn, Germany and makes the greatest contribution to our followed up by petrol [oil] (29.9 %), coal

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(29.5 %), and renewable energy sources tion, and to found and establish the appro- by Turkey with ratifying the Convention on including hydraulic [sources] (8.6 %). priate institutions (Article 2 lit. a-c, f, g). Nuclear Safety [20] and in view of the EU Based on the reference scenario, our pri- The energy market is regulated particularly accession process to transpose the COUN- mary energy consumption is expected to by the Electricity Market Law No. 4628 of CIL DIRECTIVE 2009/71/EURATOM of 25 increase by 4 % annually by 2020.» [7] The 2001 together with the Law on the Amend- June 2009 establishing a Community frame- latter is in harmony with the estimated ment of Electricity Market Law No. 5784 on work for the nuclear safety of nuclear in- rates of economic growth in Turkey of Supply Security and Certain Other Laws stallations [21] for the acquis communau- about 3 to 4 % by 2016 [8]. (2008), the Law on Utilization of Renewa- taire can not be verified. With regard to electricity and nuclear ble Energy Resources for the Purpose of Fundamental and direction-setting for energy, ETKB declares [9]: «Our electricity Generating Electrical Energy (2005, the consistently chosen path to nuclear en- generation is expected by 2020 to reach 499 amended in 2010), the Energy Efficiency ergy in Turkey since 2004 is Law No. 5710 TWh with an annual increase of around 8 % Law (2007) and the Law on Geothermal on Construction and Operation of Nuclear according to the higher demand scenario, Resources and Mineral Waters (2007) [12]. Power Plants and Energy Sale of 9 Novem- or 406 TWh with an annual increase of The main institutions attached and related ber 2007 [22]. It regulates besides nuclear 6.1 % according to the lower demand sce- to the ETKB are the Turkish Electricity Trans- technology particular aspects of energy nario. As of 21 July 2010, our installed pow- mission Company (TEİAŞ), the Electricity economics: «This Law also introduced reg- er has now reached 46,126 MW after Generation Corporation (EÜAŞ), Turkish ulations regarding the utilization of domes- the deployment of a new power plant of Electricity Trading and Contracting Compa- tic coal resources for the purpose of gener- 1,479 MW. In 2009, our electricity genera- ny Inc. (TETAŞ), the Energy Market Regula- ating electrical energy, encouraging the es- tion came from 3 main sources: natural gas tory Authority (EPDK) and the Turkish tablishment [of] domestic coal fired ther- by 48.6 %, coal by 28.3 %, hydroelectric by Atomic Energy Authority (TAEK) [13]. The mal power plants.» [23] Goal and scope of 18.5 %, liquid fuels by 3.4 %, and renewa- energy market in Turkey has already been the law are described in Article 1: «The aim ble resources by 1.1 %. … A 1,000 MWe nu- largely privatized and is being tightly regu- of this law is to provide, in accordance with clear reactor produces about 27 tons (7 m³) lated in order to achieve the targets identi- the energy plan and policy, the procedures of used fuel in a year. Environmental impact fied by the government. Renewable energy and principles for the construction and op- of fossil fuel powered (especially coal pow- sources, particularly wind and solar ener- eration of nuclear power plants and the ered) power plants is too negative to be gy, are heavily subsidized [14]. sale of energy from those plants.» «TETAŞ even compared to nuclear power plants. On For nuclear energy the regulatory body shall call for bids» on the basis of «con- the contrary, nuclear power plants must be was installed in 1982 by the Law on Turkish structing and operation criteria» and a reg- preferred for their environmental qualities. Atomic Energy Authority (TAEK) [15]. The ulation on «the procedures and principles» Maximum radiation from nuclear reactors regulatory body is obliged above all «to de- to be set up and published by TAEK respec- under normal operational conditions is lim- termine the basis of the national policy and tively by ETKB and the Council of Ministers ited to 0.1 to 1 of the natural radiation level, the related plans and programmes in con- (Article 3 paragraphs 1 – 4). TETAŞ has to and the situation in practice is even below nection with the peaceful utilization of assess the bids and to submit to the Council these limits. For the continuity of electricity atomic energy for the benefits of the State of Ministers the bid determined to be the generation, nuclear power plants are safer and … to do all kinds of research, develop- most appropriate; after authorization by and have higher availability compared to ment, studies and activities and have them the Council of Ministers, TETAŞ and the en- thermal and hydraulic power plants. Next to done [in order to be able to use atomic enterprise shall sign the contract foreseen in global developments that make renewable ergy for the sake of the] State’s scientific, the law and EPDK shall grant a license to energy sources more common spread, nu- technical and economic development and to the enterprise. Finally TETAŞ and the en- clear energy investment projects are also coordinate and support such activities done terprise shall sign an agreement «arranging gaining impetus worldwide. Based on [elec- in this field» and «to give approval, permis- for energy sales within a timeframe not ex- tricity] energy supply and demand projec- sion and license related to the site selection, ceeding 15 years after the power plant has tions, it is targeted by 2020 that nuclear instruction [construction], operation and started its operation» (Article 3 paragraph power plants will have a minimum of 5 % environmental protection of nuclear power 5). Article 4 lays down the application prin- share in electricity production.» Most re- and research reactors and nuclear fuel cycle ciples for the sale of electricity. Article 5 cently, the Energy Minister Taner YILDIZ has facilities; to do necessary studies and con- paragraph 1 regulates that «the enterprise credibly underlined the determination of trols, to limit (restrict) the operating au- is obliged to obtain all kinds of permissions, the Turkish government to implement nu- thority in case of noncompliance with the approvals and licences required by this law clear energy [10]. permission or license; to cancel permanent- and the other legislation.» To meet the ly or temporarily the permission or license costs of waste management and the cost of given and to make recommendations to the dismantling operations of the nuclear pow- 2. The legal framework for energy Prime Minister for the shutdown of those in- er plant within the National Radioactive and the law no. 5710 of 2007 as a stallations; to prepare the necessary techni- Waste Account and Decommissioning ac- starting point for rapidly cal guides, decrees and regulations for those counts, paragraph 2 provides an arrange- developing activities on nuclear purposes» (Article 4 lit. a, e) [16]. Already ment formed by ETKB and the Treasury. Af- energy in 1983 the Decree on Licensing of Nuclear ter the operation period the nuclear power Installations was enacted [17]. Besides this plant has to be decommissioned and dis- The ETKB’s competence is based on the law executive order which is still valid today, mantled (paragraph 3). Insurance for the concerning its organization and functions there is no Nuclear Energy Act which em- compensation of any damage that can arise [11]. For energy supply, the task assigned bodies comprehensive rules, such as in Ger- during the construction must be obtained is to investigate the country’s short- and many, France, Sweden and Switzerland by the enterprise and a contribution of long-term energy needs, to support an ap- [18]. A draft law, announced in 2009, has 0.15 cent/kWh (in US Dollars) has to be propriate energy supply policy and to take not been disclosed to the public until today, paid for financial costs concerning trans- the necessary measures, especially in the and intentions to pick up such a legislative portation, waste management and decom- areas of research, implementation, devel- initiative are not known actually [19]. The missioning (paragraph 4). With regard to opment, evaluation, control and protec- accomplishment of obligations undertaken accidents «the 1960 Paris Convention on

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Nuclear Third Party Liability, its additional basis for TAEK’s decisions during licensing, ratified important international treaties. amendments and other national and inter- in order of priority, are national regulations However, the codification period and the national liability provisions shall apply» and the International Atomic Energy Agency shaping of safety regulations are still to be (paragraph 5) [24]. Moreover, the enter- regulations given in “Fundamentals” and completed. prise «must allocate 1 % of its annual reve- “Requirements” of Safety Standards Se- The Convention on Nuclear Safety of 17 nue to research and development activi- ries.» The reactor types taken into consid- June 1994 entered into force in Turkey on ties» (paragraph 6). Article 6 deals with eration may only be «pressurized heavy wa- 24 October 1996 [27]. The IAEA safety public participation and investment. Incen- ter reactors that utilize natural uranium standards/requirements/guidelines [28] tives «for investment in technology regard- and pressurized light water and boiling are therefore de facto binding for Turkey. ing the power plant to be constructed and light water reactors that utilize enriched With regard to the standards and require- the training of operation personnel» may uranium.» The reactor type has to be a ments this is already recognized in the «Cri- be provided by the Council of Ministers «widely used in the world» and «proven teria to be Met by Investors Who Will Con- (Article 7 paragraph 1). Concerning the and reliable». The design life-time shall be struct and Operate Nuclear Power Plants» regulatory institution, the Temporary Arti- at least 40 years and the reactor shall be (No. 2 c). For nuclear safety, the interna- cle 1 regulates that «TAEK shall carry out technologically proven, i.e. that only 2nd tional legal framework consists further of, its duty … until a new institution which and 3rd generation nuclear power plants above all, the COUNCIL DIRECTIVE will execute the duty of regulating and in- are possible. Moreover «The fuel technolo- 2009/71/EURATOM of 25 June 2009 es- spection of nuclear activities is founded.» gy shall be proven» and «The operational tablishing a Community framework for the The «constructing and operating crite- record of the power plant technology nuclear safety of nuclear installations [29], ria» mentioned in Article 3 paragraph 3 of will be taken into consideration» because it which Turkey has to transpose as acquis the Law No. 5710 which refer among oth- is important to demonstrate the perform- communautaire in the course of the EU ac- ers to the site selection and licensing condi- ance of the technology and therefore «The cession process [30]. tions were published by TAEK on 19 De- operational record shall include annual fre- The Turkish national law is based on the cember 2007 on the basis of the Law No. quency and period of planned/unplanned Constitution [31]; laws, which are enacted 2690 on TAEK as «Criteria to be Met by In- shutdowns, load factor, availability, pro- by the parliament; decrees (ordinances), vestors Who Will Construct and Operate duced energy and similar parameters». Fi- which are passed by decisions of the Coun- Nuclear Power Plants» [25]. For technical nally it is required that the «net guaran- cil of Ministers, and regulations (ordinanc- nuclear safety requirements the criteria re- teed electrical output of each unit of the es), which are adopted as a rule by the refer to 1) nuclear safety, 2) licensing, 3) the nuclear power plant shall be greater than sponsible ministry. Inferior to these laws, reactor type, 4) the plant life-time, 5) the 600 MWe.» in the material sense, directives and guides proven technology, 6) the fuel technology, Finally, a regulation was published in exist as sub-legislative rules, which exhibit 7) the localization, 8) the operational March 2008 with reference to Article 3 par- within the hierarchy of rules the lowest record and 9) the electrical power. The cri- agraph 3 of the Law No. 5710 concerning norms, but provide the broadest density of teria’s main subject of nuclear safety reads «the procedures and principles regarding details, and which already display funda- as follows: «The nuclear power plant should the selection criteria for competing enter- mental significant technical specifications include up-to-date and proven technologi- prises, the selection of the enterprise, site for technical safety of nuclear power plants cal improvements. It should comply with selection, licensing conditions, incentives in Turkey [33]. the international norms, especially the regarding the infrastructure, the duration The licensing of nuclear power plants norms of the International Atomic Energy of the selection process, fuel supply, gener- has been regulated since 1983 in the De- Agency. Design features that consider pre- ating capacity and the amount, duration cree on Licensing Nuclear Installations ventive measures to reduce radiological and unit cost of the energy» (Article 1) [34]. Three licensing phases are foreseen consequences against accidents that fall [26]. This regulation does not deal with (Article 8): Site license (Articles 9 – 12), under the category of “severe accidents” nuclear safety topics. construction license (Articles 13 – 21) and shall be taken into account during evalua- operating license (Articles 22 – 35). The tion» combined with licensing require- construction license is given in 2 steps: lim- ments: «The nuclear power plant shall com- 3. Nuclear legislation, radioprotection ited work permit and construction license ply with the up-to-date nuclear safety regu- regulations and technical (Article 13). The steps for the operating li- lation effective in the designer’s country, requirements to ensure nuclear cense are the commissioning permit, fuel except for site-related requirements and safety of nuclear power plants in loading and pre-operational test permit conditions. A licensed power plant, cur- Turkey and finally full power operating permit and rently under operation and representing operating license (Article 22). The appli- the most recent example of the same tech- Subsequent to Law No. 5710 of 9 Novem- cant for a license has to submit documents nology, shall be presented as a reference ber 2007, the «Criteria to be Met by Inves- and reports in order to demonstrate that plant. In case there is no operational refer- tors Who Will Construct and Operate Nu- nuclear safety will be ensured (Articles 6, ence, a representative of the same technol- clear Power Plants» of 19 December 2007 9, 14, 23, 26, 29). For the grant of the li- ogy that has been approved or authorized and the Regulation of 10 March 2008, a censes general conditions are regulated for construction by a regulatory body shall comprehensive norm setting process, espe- and specific conditions may be given (Arti- be presented as the reference. Turkish leg- cially on nuclear safety, quickly developed. cles 12, 18, 21, 32). The Advisory Commit- islation related to licensing, and conditions These determinations in 2007 and 2008 al- tee on Nuclear Safety examines the docu- that will be requested by the national nu- so included the introduction of energy eco- ments and reports and gives advice to TAEK clear regulatory body are reserved. … The nomics aspects of nuclear energy in Turkey which, after evaluation, issues its decision requirements of national legislation and and were aligned on the tendering proce- (Articles 4, 5, 10, 11, 15, 16, 19, 24, 27, 30). conditions that may be requested by TAEK dure, the competition to find a foreign Revocation of the operating license is sub- are reserved and it is emphasized that TAEK builder and operator for the first nuclear ject of Article 35, the permission to re-start is the final authority for any decision re- power plant in Turkey. Nowadays, there operation together with the need for a per- garding licensing. Regulations related to are extensive regulations on nuclear safety mission for modifications at the installa- nuclear safety, which will form part of the and radiation protection in Turkey. Turkey tion is subject of Articles 54 and 55.

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After entry into force of Law No. 5710 nuclear regulatory body and is under con- protection) and Articles 12 – 25 with Spe- (2007) the Decree on Licensing Nuclear In- struction may be proposed.» The Directive cific Design Features of Power Plants (Reac- stallations (1983) was specified in 2012 by deals also with procedures for decisions to tivity control, Reactor core integrity, Auto- the Directive on Determination of Licensing be taken by TAEK. matic shutdown, Heat removal in normal Basis Regulations, Guides and Standards Nuclear safety is substantially shaped by operation, Emergency heat removal, Start- and Reference Plant for Nuclear Power the interplay of human/technology/organi- up, shutdown and lower power operation, Plants [35], which is based on elements of zation (HTO) which corresponds essential- Reactor coolant system integrity, Confine- the «Criteria to be Met by Investors Who ly with the following rules and regulations. ment of radioactive material, Monitoring of Will Construct and Operate Nuclear Power Technical requirements are laid down par- plant safety status, Preservation of control Plants» of 2007. «The objective of this direc- ticularly by the Regulation on Specific Prin- capability, Station blackout, Confining acci- tive is to identify principles and processes ciples for Safety of Nuclear Power Plants dents within the design basis, On-site fuel for determination of regulations, guides (2008), the Regulation on Design Princi- storage and Plant physical protection). and standards as well as selection of a refer- ples for Safety of Nuclear Power Plants The purpose of the Regulation on Nucle- ence plant for the licensing of nuclear pow- (2008), the Regulation on Nuclear Power ar Power Plant Sites [39] is (Article 1) «to er plants by Turkish Atomic Energy Author- Plant Sites (2009) and the Guide on Specif- establish the nuclear safety requirements ity» (Article 1), while Article 5 states as ic Design Principles (2012). The Regulation for nuclear power plant to be built on the principles: «(1) A complete list of regula- on Specific Principles for Safety of Nuclear site.» Article 5 paragraph 1 cites as the main tions, guides and standards forming the li- Power Plants [36] has in view (Article 1), subjects for a site of a nuclear power plant: censing basis for the plant shall be deter- «to determine the safety principles to be «a. The effects of natural and human in- mined at the beginning of the licensing complied by the authorised person in nucle- duced external events on the proposed site process in accordance with the provisions ar power plants to achieve the nuclear safe- area. b. Site and site area characteristics of this directive. (2) A nuclear power plant ty objectives defined by the Authority» (Au- that could influence transport of radioac- representative of the plant, for which the li- thority means TAEK). The definitions (Arti- tive material to the people and environ- cense application has been made, shall be cle 4) make evident that the regulation not ment. c. Population distribution and inten- selected as reference plant at the beginning only deals with technical matters (accident sity, and other site area characteristics of the licensing process in accordance with conditions, anticipated operational occur- which may affect implementation of emer- the provisions of this directive.» Article 6 rence, beyond design basis accident, design gency measures», and paragraph 2 lays paragraph 1 states that the «owner shall basis accident, normal operation) but also clearly down: «If the deficiencies identified prepare a complete list of regulations deter- focuses on organizational aspects (accident in site area evaluation stage regarding these mined in accordance with the provisions of management, operating organization). Ar- three issues cannot be compensated for by the second clause of this article as well as of ticle 4 refers with regard to technical safety means of design features, protection meas- guides and standards, to be applied in the matters especially on plant states (accident ures or administrative procedures, the site licensing process, together with a report conditions and beyond design basis acci- shall be deemed unsuitable.» Important de- (Annex I) containing information on the dents) to the IAEA Glossary [37]. Details on tails are regulated in Article 7 (External preparation process of the list and indicat- Site evaluation (External factors affecting events), 8 (Potential impacts of the plant on ing its conformance to this directive, and the site, Radiological impact of the plant, the site), 9 and 10 (Emergency planning submit to the Authority for approval»; para- Feasibility of emergency plans und Ultimate zone and The feasibility of the implementa- graph 2 is decisive for the demonstration heat sink) are specified in Articles 5 – 8, on tion of the emergency planning measures), and the evaluation of nuclear safety: «The Design, Manufacture and Construction 11 (Design basis external event), 12 – 15 order of priority of the regulations to form (General Design Basis, Quality assurance in (Human Induced External Events), 16 and the licensing basis is as follows: a) Regula- design, Proven technology, Design features, 17 (Meteorological External Events), 18 tions of The Republic of Turkey, b) IAEA Nu- Safety assessment of design und Provision (Flood) and 19 – 24 (Geological and Geo- clear Safety Series documents under the of quality) in Articles 9 – 14, on Commis- technical External Natural Events). categories of “safety fundamentals” and sioning (Verification of design and con- Finally, the Guide on Specific Design “safety requirements,” c) In the areas struction and of operating and functional Principles [40] has the objective (Article 1) deemed not adequately covered by subpar- test procedures, Collecting baseline data, «to define specific principles to be applied agraphs (a) and (b), nuclear safety regula- Pre-operational plant adjustments) in Arti- during the design stage of a nuclear power tions in the Vendor Country, in force as of a cles 15 – 18, on Operation (among others plant.» Specific design principles in Articles date approved by the Authority.» Moreover with organizational aspects: Organization, 4 – 10 are Levels of Defense in Depth, Plant it is required for «safety related issues responsibilities and staffing, Training, Feed- States and Objectives, Independence Be- deemed not adequately covered by regula- back of operating experience and Quality tween All Levels of Defense in Depth, Safety tions mentioned in subparagraphs (a), (b), management in operation) in Articles 19 – and Security Interface, Radiation Protec- and (c), a third country regulation con- 29, on Decommissioning in Article 30 and tion and Waste Management and External forming to relevant IAEA safety guides or to on Accident Management and Emergency Events (Earthquake and Aircraft Crash). A the design of the plant, for which the li- in Articles 31 – 34. comparison with IAEA requirements shows cense application has been made.» The pro- The Regulation on Design Principles for that for example concerning design, the cedure of proposing a reference plant is laid Safety of Nuclear Power Plants [38] serves IAEA Design Specific Safety Requirements down in Article 7 paragraph 1: «The Owner (Article 1), «to establish safety principles to contain further details, respectively provide shall, within 3 months upon recognition as be followed during the design of nuclear the elaborated requirements more precisely such in accordance with Article 6 of the De- power plants to achieve nuclear safety ob- [41]. cree, propose a nuclear power plant in oper- jectives defined by the Authority» (Authori- Man oriented requirements are laid ation as reference plant that represents the ty means TAEK). Articles 5 – 11 deal with down in the Regulation on the Basic Quali- plant, for which the license application has General Design Specifications for Nuclear ty Management Requirements for Safety in been made. If there is no such plant in oper- Power Plants (Process control, Safety sys- Nuclear Facilities (2007) [42] which is the ation, a plant of the same technology that tems, Reliability targets, Common cause basis for many Safety Guides for Quality has been licensed upon a comprehensive failures, Equipment qualification, Inspecta- Management Systems [43]. The objective nuclear safety assessment by a competent bility of safety equipment and Radiation of the Regulation (Article 1) is «to establish

atw 57. Jg. (2012) Heft 10 | Oktober 587 Nuclear New Build in Turkey the statutory basis principles and require- diation Safety) [47]. The regulation on further licenses may be necessary for nu- ments for quality management in order to physical protection (2012) aims at laying clear power plants, in particular in the enhance the safety of nuclear facilities.» down the principles for measures to be tak- scope of water legislation [60]. The vast catalogue of definitions (Article en in order to protect nuclear materials 4) demonstrates the rather detailed regu- and nuclear power plants against sabotage lation. In particular the Articles deal with and thievery (Article 1). All activities take 4. State and further preparations for Responsibilities, Relations with Authority, into account the security culture at the the first nuclear power plant with Enforcement (5 – 7), Management System most high level (Article 5). Measures of the four units in Mersin-Akkuyu and a (8), Principles (9), Activities (10), Basic physical protection system have to be view to the second nuclear power Requirements of Quality Management: worked out in a physical protection pro- plant site in Sinop-İnceburun Quality Management and Exceptions (11, gramme (Article 10). Detailed measures 12), Management: Priority of Safety, Sen- are regulated in Articles 18 – 35. Control, Akkuyu is situated in the south of Turkey at ior Management’s Responsibility, Organi- conformity and enforcement are reflected the coast of the Mediterranean Sea. A site zation Structure and System, Process Man- in Articles 36 – 41. The Regulation on Radi- license for the construction and commis- agement, Grading, Training and Qualifica- ation Safety underlines since 2010 in par- sioning of a nuclear power plant in Akkuyu tion, Nonconformances, Corrective, Pre- ticular the three Basic Principles of Dose was granted already in 1976 by the Atomic ventive and Improving Activities, Docu- Limitation System: Necessity of Applica- Energy Commission and is still deemed valid ment Management and Records (13 – 20), tions, Optimization and Dose Limitation [61]. Afterwards several tenders were or- Performance: Design, Procurement, Work, (Article 7) and contains Dose limits (Arti- ganized, but failed [62]. On the basis of Acceptance Tests (21 – 24) and Assess- cles 8 – 14). It may therefore actually be in Law No. 5710, the Criteria and the Regula- ment: Review and Self-assessment, Inde- keeping with EURATOM basic standards tion hereto of 2007 and 2008 as well as the pendent Assessment (25, 26). The Safety [48] and the IAEA Radio Protection Basic in parallel issued safety regulations of 2008 Guides on Assessment or Quality Assur- Safety Standards [49]. Finally the Regula- and 2009 [63] a new tender was started on ance for Safety in Nuclear Installations re- tion on Nuclear and Radiological National 24 September 2008 by TETAŞ, but after the ferring to the Regulation cover among oth- Emergency Preparedness of 2000, revised bid of only one competitor (a Russian con- ers the issues of Establishing and Imple- in 2009 should be mentioned [50]. sortium) finally cancelled on 20 November menting a Quality Assurance Programme, Main institutions to support TAEK’s 2009 [64]. Main steps for the realization of Assessment of the Implementation of the work are: The Atomic Energy Commission the project were taken in the last 2 years af- Quality Assurance Programme, Manage- (AEC) [51], the Advisory Council [52] and ter the start of negotiations between the ment of Nonconformance Control and Cor- the Advisory Committee on Nuclear Safety Governments of the Republic of Turkey and rective Actions, Management of Document [53]. Tasks of the AEC with high ranked the Russian Federation on 13 January 2010 Control and Records, Inspection and Test- representatives of different ministries are [65]: «May 12th, 2010: The governments of ing for Acceptance, Quality Assurance in «to set the working principles and pro- Turkey and Russian Federation signed an Procurement of Items and Services, Quali- grams of TAEK, to approve the draft budg- agreement to cooperate for constructing ty Assurance in Manufacturing, Quality As- et for submittal to the Prime Minister, to and operating a nuclear power plant. “Agree- surance in Research and Development, Es- draft and submit to the Prime Minister ment between the Government of the Rus- tablishing and Implementing a Quality As- laws and decrees related to nuclear field, sian Federation and the Government of the surance Programme in Siting, Quality As- and to approve the regulations drafted by Republic of Turkey on cooperation in rela- surance in Design, Construction, Commis- TAEK, to observe and evaluate the studies tion to the construction and operation of a sioning, Operation and Decommissioning of TAEK, to submit the annual work pro- nuclear power plant at the Akkuyu site in and the issue of Determination of Licens- gram and annual work report to the Prime the Republic of Turkey” envisaged establishing Basis Regulations, Guides and Stand- Minister, to submit the necessary arrange- ing 4 units of 1200 MWe Russian design ards and Reference Plant. ments reviewing the organization and posts VVER reactors in Akkuyu site. July 21st, Concerning the aspect of organization against the developing needs of the Author- 2010: The Grand National Assembly of Tur- the competences and duties of the Regula- ity for the approval of the Prime Minister»; key ratified the Intergovernmental Agree- tory Body beyond licensing are laid down the importance of AEC is underlined by the ment. Nov. 24th, 2010: The Council of Rus- in the Regulation of Nuclear Safety Inspec- fact that «The Prime Minister Presides the sian Federation ratified the Intergovern- tions and Enforcement [44] and the Direc- Atomic Energy Commission meetings when- mental Agreement. Dec. 13th, 2010: Russian tive on the Granting of Functions to Inspec- ever he deems necessary.» [54] The Adviso- party established a company, “Akkuyu NGS tors for Nuclear Safety [45]. The regula- ry Council «studies on the subjects submit- Elek-trik Üretim A.Ş.” (APC: Akkuyu Project tion distinguishes between planned inspected by the Atomic Energy Commission and Company) to build, operate and decommis- tions and reactive inspections, moreover submit its results and proposals back to the sion the NPP units. Feb. 7th, 2011: APC ap- states that «the authority does not have to Commission.» [55] The Advisory Commit- plied to the Turkish Atomic Energy Authority notice inspections to inspected body» (Ar- tee on Nuclear Safety «performs the duties (TAEK) for being recognized as an owner, ticles 7 – 10). The articles on enforcement specified in the Decree on Licensing of Nu- according to the Article 6 of the Decree on (19 – 22) refer to emergency measures, the clear Installations. The Committee also Licensing of Nuclear Installations. Feb. 28th, grade of enforcement, resistance to inspec- comments on the work submitted by the 2011 TAEK recognized APC as the owner. tions and taking measures on time. The Ar- Presidency.» [56] Moreover TAEK is sup- March 2011: APC started site investigations ticles of the Directive cover competence ported in particular during the licensing in Akkuyu for updating the site characteris- and responsibility (5), the common re- process by external experts [57]. tics and parameters according to the nation- sponsibility of the inspectors (6), their in- Beyond nuclear, radiation protection al procedures laid out in the Decree on Li- dependence and objectivity (7, 8), their and technical regulations especially Envi- censing of Nuclear Installations.» The Agree- qualification and formation (9, 10) and the ronmental Impact Assessment (EIA) in- ment of 12 May 2010 [66] is based on the termination of their competences (12). cluding public participation [58] and Ac- structures of Law No. 5710, the Criteria and Physical Protection and Security mat- cess to Environmental Information [59] the Regulation hereto of 2007 and 2008; ters are regulated [46] as well as subjects have to be taken into account for the reali- therefore the Akkuyu NPP JSC was found as of Radiation Protection (Regulation on Ra- zation of nuclear power plants. Moreover the investor-owner-operator and had to be

588 atw 57. Jg. (2012) Heft 10 | Oktober Nuclear New Build in Turkey recognized as owner by TAEK [67]. The Here, mainly Chinese and Canadian safety al court’s ruling. Linked to this there is a wide scope of the Agreement is laid down technology [77] could play a role. need for fundamental, comprehensive nu- in Article 3 which refers not only to techni- clear energy law in which a normative ap- cal issues including «FUEL, WASTE MAN- proach for the necessary safety precautions, AGEMENT AND DECOMMISSIONING» (Ar- 5. Status on nuclear energy in Turkey, in the light of the state-of-the-art of science ticle 12) but also to economic power pro- possibilities and necessities for and technology [83], could be standardized duction and sales matters (Article 10). Mat- development, outlook and in which regulations for the priority to ters of the International Nuclear Frame- safety, for periodical safety review and for work, for example on non-proliferation and The legal regulations, technical safety provi- the activities of Technical Support Organi- physical protection, and nuclear liability are sions and radiation protection instruments zations (TSO) would be created [84]. Un- duly reflected in Articles 15 and 16. corresponding to the construction and com- certainty may also arise from the generally The economic and electricity matters mission of nuclear power plants in Turkey as announced restructuring of the existing stay as follows: The Russian party (Ro- an emerging nuclear energy country are be- Regulatory Body (TAEK) [85]. For the fur- satom) shall always hold a share of at least ing continuously enhanced [78] and should ther development of the legal and safety 51 % of the Project Company; TETAŞ will be completed surely with regard to IAEA- framework, a functional proximity of TAEK buy for 15 years at 12.35 US (dollar) cents/ safety standards [79]. The Turkish govern- to the Project Company [86] could prove to kWh 70 % of the electricity generated by ment has taken throughgoing steps in the be risky for the independence and objectiv- units 1 and 2, respectively 30 % by units previous 8 years for a «Nuclear New Build» ity of the Regulatory Body. Finally, there ap- 3 and 4; in case of less production the Project and has established a considerable legal and pears to be a need to clarify the procedure Company shall fulfill its obligations by pro- technical framework for the beginning con- of Environmental Impact Assessment (EIA) viding the lacking volume of electricity (Ar- struction license procedures for the site of in the framework of the approval process on ticle 10 No. 3 and 5 of the Agreement of 12 Akkuyu [80]: Basics exist for the permission the one hand and the nuclear licensing for May 2010) [68]. Economically important principle, the control principle and the com- the nuclear power plant in Akkuyu on the for Turkey is the responsibility of the Project pensation principle, together with the safety other hand. In this context, it should be ex- Company for the decommissioning and the principle, the security principle and the safe- amined how the Aarhus and Espoo Conven- waste management of the nuclear power guards principle, while the independence tions [87] could be anchored and practiced plant, while spent fuel shall be taken back principle as a guarantor of adequate and im- in the Turkish legal system. for reprocessing by Russia (Article 12 No. 2 partial control and supervision, which The Turkish Government will certainly and 4); separately the Project Company has means that the Regulatory Body as a spe- benefit from the newly initiated coopera- to pay 0.15 US-$C/kWh to the account for cialized State authority is responsible for the tion with the European Commission for spent fuel, radioactive waste management implementation of the legal framework and the future ambitious and consistent steps and 0.15 US-$C/kWh to the account for de- that a State authority for promotion and a towards nuclear energy in Turkey [88]. commissioning (Article 10 No. 9) [69]. State authority for control exist and are both With regard to the operation of the nu- separated, has to be cleared up [81]. clear power plant in Akkuyu the planning of Nevertheless, we worry about the risks References the construction period (2014 to 2023) regarding the timely achievement of the aims at a time schedule which fixes first crit- ambitioned construction and commission- [1] EUROSTAT, available at http://epp.eurostat. icality of the unit 1 in 2020 and of units 2 to ing aims for the four nuclear reactors at ec.europa.eu/statistics_explained/index.php ? title=File:Real_GDP_growth,_ 2001-2010_ 4 between 2012 to 2023 [70]. Whether the Akkuyu; these risks should not be underes- %28 %25_change_compared_with_the_pre- envisaged support of the regulatory body timated in the light of decades-long unsuc- vious_year;_average_2001- 2010 %29.png&f on regulatory affairs by the Project Compa- cessful tender for choosing the building and iletimestamp=20120110102858 ny is a comprehensible measure, it may commissioning companies. With regard to [2] In the year 2009 the total installed power evoke some concerns; but intensive and nuclear safety of the power plants, the sys- was 44 761,2 MW, in the year 2010 49 761,2 MW, the gross generation was 194 vast training of personnel for the Project tem of a “reference plant” and the cumula- 812,9 GWh in 2009 and 211 207,7 GWh in Company seems necessary [71]. The Envi- tive compliance demanded by the existing 2010, the net consumption was 156 894,1 ronmental Impact Assessment (EIA) shall regulation to the guidelines of 1. Turkey, 2. GWh in 2009 and 172 050,6 GWh in 2010. be a precondition only for the construction IAEA, 3. the country of the nuclear power See Annual Electricity, Gas and Water Sta- license; the affirmative decision for EIA is plant builder, and 4. third states [82], seems tistics of the Turkish Statistical Institute, available at http://www.turkstat.gov.tr/ expected for 2013 [72]. Recently (in May to be difficult to enforce. The IAEA stipula- VeriBilgi.do?alt_id=11. and July 2012) tenders were issued by ETKB tions are in parts abstractly formulated and [3] 3874,8 MW hydro power installed in 1985, with regard to general legal support and by can be interpreted therefore during their 15 831,2 in 2010. See Annual Development TAEK concerning technical support during concrete application. Contradictions or of Turkey’s Installed Capacity By Primary the licensing process for the construction li- gaps contrary to the systems in the different Energy Resources (1984-2010) http:// www.teias.gov.tr/T %C3 %BCrkiyeElektrik cense [73]. For the evaluation of safety as- guidelines could impede the implementa- %C4%B0statistikleri/istatistik2010/%C4% pects in the licensing process a legal discus- tion in the course of the complex authoriza- B0statistik %202010.htm. For the South- sion refers to the importance of taking into tion procedure with regard to safety (first eastern Anatolia Project see http://www. account Russian safety requirements for the the creation of the application documents gap.gov.tr/english Russian type of reactor [74]. by the project company, afterwards the as- [4] «The Energy imports; net (% of energy use) The second site at Sinop-İnceburun, sessment by the Regulatory Body, probably in Turkey was last reported at 71.10 in 2010, according to a World Bank report re- where nuclear power plants are also to be with the assistance of external experts) and leased in 2011. The Energy imports; net built and operated in Turkey, is located at even lead to considerable legal uncertain- (% of energy use) in Turkey was 68.99 in the Black Sea coast. A center for nuclear ties. In addition, it could be legally dubious 2009, according to a World Bank report, power engineering has been in operation whether the mere reference to safety re- published in 2010. The Energy imports; net since 12 February 2008 [75]. The Turkish quirements’ regulations as a descriptive (% of energy use) in Turkey was reported at 70.58 in 2008, according to the World energy minister, Taner YILDIZ, stated on 12 method in order to guarantee nuclear safety Bank.» (http://www.tradingeconomics. May 2012 that the Turkish government in- will withstand in Turkish administrative com/turkey/energy-imports-net-percent-of- tends to promote the project in Sinop [76]. courts’ cases and finally in the constitution- energy-use-wb-data.html)

atw 57. Jg. (2012) Heft 10 | Oktober 589 Nuclear New Build in Turkey

[5] See Erinç Ercan, Die Energiepolitik der [16] See also http://www.taek.gov.tr/eng/ LULUĞU, 2012. Turkey ratified also the Joint Türkei mit besonderem Augenmerk auf die about-us/mission.html and http://www. Protocol Relating to the Application of the Vi- Kernenergie, atw 52. Jg. (2007) Heft 1 – taek.gov.tr/eng/departments.html: Depart- enna Convention and the Paris Convention Januar, at pages 15 – 20 (particularly ment of Nuclear Safety: «According to the of 21 September 1988 (INFCIRC/402 and IN- «Kernenergiepläne – eine kurze chronolo- Turkish Atomic Energy Authority Law (No FCIRC/402/Add.3) by deposit of the ratifica- gische Zusammenfassung» at pages 17 and 2690 – Article: 8-a), the mission of the De- tion instrument on 26 March 2007 (entry in- 18), IAEA, CNPP2010Turkey – TURKEY (Ju- partment of Nuclear Safety is to implement to force for Turkey 26 June 2007, available ly 2010), chapter 2.1.1, Uluslararası İlişkiler the tasks, given by this law, concerning at http://www.iaea.org/Publications/Docu- ve Stratejik Analizler Merkezi, PAN-EL: Nük- the services related to nuclear safety, site ments/Conventions/ jointprot_status.pdf). leer Enerji, 04 Ekim 2008, available (only selection of the nuclear facilities, construc- [25] Available at http://www.taek.gov.tr/belge- Turkish) at http:// www.turksam.org/tr/ tion, system engineering, commissioning, ler-formlar/func-directinfo/94/ a1498.html operation, physical protection; radiation [26] «NÜKLEER GÜÇ SANTRALLARININ KU- [6] Tender document as of July 30th 2012, safety, nuclear material safety and inspec- RULMASI VE İŞLETİLMESİ İLE ENERJİ available at http://www.taek.gov.tr/eng/: tion, environmental safety, and other inter- SATIŞINA İLİŞKİN KANUN KAPSAMINDA «Turkish Atomic Energy Authority has initi- ested duties.» YAPILACAK YARIŞMA VE SÖZLEŞMEYE ated the process for procurement of techni- [17] Official Gazette No. 18256 of 19 December İLİŞKİN USUL VE ESASLAR İLE TEŞVİKLER cal support services during the review and 1983 (unofficial translation available at http: HAKKINDA YÖNETMELİK», voted by the assessment of construction license applica- //www.taek.gov.tr/eng/legislation/Legis- Council of Ministers on 10 March 2008 and tion of ANPP according to the procurement lation/regulations/nuclear-safety/orderby, published in the Official Gazette No. 26821 by prequalification procedures.» 1/page,1/). of 19 March 2008. [7] See http://www.enerji.gov.tr/index.php? [18] See Christian Raetzke/Michael Mickling- [27] Ratification by Turkey on 14 January 1995 dil=en&sf=anasayfa (mission), http:// hoff, Existing Nuclear Power Plants and and deposit on 8 March 1995, see footnote www.enerji.gov.tr/index.php?dil=en&sf New Safety Requirements – An Internation- 20 and http://www.iaea.org/Publications/ =webpages&b=ererji_EN&bn=215& hn= al Survey, 2006. For the United Arabic Documents/Conventions/nuclearsafety_ &nm=40717&id=40717 (ebergy) Emirates see A Federal Law by Decree No. 6 status.pdf [8] Republic of Turkey Ministry of Economy, Eco- of 2009 Concerning the Peaceful Uses of [28] IAEA Safety Fundamentals: Fundamental nomic Outlook July 2012, available at Nuclear Energy, unofficial translation avail- safety principles, IAEA Safety Standard Se- http://www.economy.gov.tr/index.cfm? able at http://www.fanr.gov.ae/En/Rules- ries No. SF-1 (2006), available at http:// sayfa=economicoutlook Regulations/RegulationsGuides/Pages/Re- www-ns.iaea.org/standards/documents/ [9] See chapter «Electric», available at http:// gulations.aspx general.asp?s=11&l=90: «Safety Funda- www.enerji.gov.tr/index.php?dil=en&sf [19] See NEA Nuclear Law Bulletin No. 2/2009, mentals present the fundamental safety ob- =webpages&b=elektrik_EN&bn=219&hn page 109, paragraph 2: «Recently, the Turk- jective and principles of protection and safe- =&nm=40717&id=40732, and for nucle- ish Atomic Energy Authority (TAEK) issued a ty, and provide the basis for the safety re- ar energy http://www.enerji.gov.tr/index. draft nuclear law which is being revised ac- quirements. … An integrated and consistent php?dil=en&sf=webpages&b=nukleerene cording to stakeholders’ input. It is expect- set of Safety Requirements establishes the rji_EN&bn=224&hn=&nm=40717&id=4 ed to enter into force in 2010. The current requirements that must be met to ensure the 0738. Particular information on the need Law on the Turkish Atomic Energy Authority protection of people and the environment, of nuclear power plants in Turkey is availa- (Law No. 2690) will become void when the both now and in the future. … Safety Guides ble (only Turkish) at http://www.enerji. new nuclear law is enacted. [Issues under provide recommendations and guidance on gov.tr/yayinlar_raporlar/Nukleer_Santralle_ the objective of the new law are listed in lit. how to comply with the safety requirements, ve_Ulkemizde_Kurulacak_Nukleer_Sant- a) – d).] … The scope of the draft nuclear indicating an international consensus that it rale_Iliskin_Bilgiler.pdf law will extend to all activities relating to is necessary to take the measures recom- [10] Turkish Radio and Television Corporation nuclear and radiation facilities, devices and mended (or equivalent alternative meas- Official Web Site of 27 March 2012 (http:// materials excluding those involving non- ures)» (page viii in Safety of Nuclear Power www.trthaber.com/haber/ekonomi/turki- ionizing radiation.» See also the recommen- Plants: Design Specific Safety Requirements yeden-nukleer-enerji-icin-kararli-adimlar- dations of IAEA (Handbook on Nuclear Law, – IAEA Safety Standards Series No. SSR-2/1. 34229.html) and of 12 May 2012 (http:// Publication 1160 of 2003, Implementing Published 20 February 2012.). See also IAEA www.trthaber.com/haber/ekonomi/turki- Legislation, Publication 1456 of 2010) and Safety Glossary 2007 Edition, available at ye-enerji-ataginda-40524.html). NEA (Improving Nuclear Regulation, NEA http://www-ns.iaea.org/standards/safety- [11] No. 3154 of 19 February 1985, Official Ga- No. 6275 of 2009) and legal as well as tech- glossary.asp ?s=11&l=87 zette No. 18681 of 1 March 1985. nical assistance programmes (IAEA, availa- [29] Official Journal of the European Union L [12] ETKB, Energy, available at http://www.en- ble at http://www-ns.iaea.org/ Our Work 172/18 of 2 July 2009. See Selma Kuş/Sam erji.gov.tr/index.php?dil=en&sf=webpa- Services for Member States; and NEA, avail- Emmerechts, A legislative framework for the ges&b=enerji_EN&bn=215&hn=&nm= able at http://www.oecd-nea.org/nsd/ safety of nuclear installations in the Europe- 40717&id=40717 Work Areas Nuclear safety and regulation, an Union, NEA updates, NEA News 2009 – [13] ETKB, Related Corporations, available at and available at http://www.oecd-nea.org/ No. 27.2, pp. 20 et seq., Wolfgang Kilb, The http ://www.enerji.gov.tr/index.php?dil= law/ Work Areas Nuclear Law). European Atomic Energy Community and its en&sf=webpages&b=relatedcorporations [20] Of 17 June 1994; IAEA INFCIRC 449 of 5 Primary and Secondary Law, in: Internation- &bn=1076&hn=&id=4812 July 1994. al Nuclear Law: History, Evolution and Out- [14] See ETKB, Electric (footnote 9): «In 2010 [21] Official Journal of the European Union L look (10th Anniversary of the International (as of July 21, 2010), 64 privately owned 172/18 of 2 July 2009. School of Nuclear Law), 2010, pp. 43 et seq., power plants, which have a total installed [22] Official Gazette No. 26707 of 21 November particularly pages 61 – 63, Massimo Garriba, power of 1479 MW, were temporarily ac- 2007; unofficial translations in English and Amelia Chirteş, Monika Nauduzaite, The Di- cepted and licensed by our Ministry for op- French are available at Nuclear Law Bulle- rective Establishing a Community Frame- eration», as well as Energy-Environment- tin No. 80 2/2007, pp. 105 et seq.; remarks work for the Nuclear Safety of Nuclear Instal- Climate Change: «By 2012, Turkey will on the draft by Ercan (footnote 5), pages lations: The EU Approach to Nuclear Safety, come up with policies supported by exter- 18, 19; see for Nuclear Legislation in Tur- Nuclear Law Bulletin No. 84 (Volume nal sources of finance, which aim at help- key NEA, http://www.oecd-nea.org/law/ 2009/2), pp. 23 et seq. See also the Council ing implement the clean development tar- legislation/turkey.html, http://www.oecd- Directive 96/29/EURATOM of 13 May 1996 gets, and will fulfill its responsibilities un- nea.org/law/legislation/turkey.pdf, and laying down basic safety standards for the der the principles of the Convention on eq- IAEA, CNPP2010Turkey. protection of the health of workers and the uitable basis.», available at http://www. [23] ETKB, Energy, available at http://www.en- general public against the dangers arising enerji.gov.tr/index.php?dil=en&sf=webpa- erji.gov.tr/index.N&bn=215&hn=&nm= from ionizing radiation, in: O.J. L 159 of 29 ges&b=enerji_cevre_iklim_EN&bn=218& 40717&id=40717 June 1996, pages 1 – 114. hn=&id=40720 [24] See for the Paris Convention http://www. [30] See Ercan (footnote 5), footnotes 35, 36 at [15] Law No. 2690 of 9 July 1982, Official Ga- oecd-nea.org/law/legal-documents.html# page 18; EUROPEAN COMMISSION, Turkey zette No. 17753 of 13 July 1982, available agreements, and for the Paris Convention in 2011 Progress Report of 12 October 2011 at http://www.taek.gov.tr/eng/legisla- Turkey Mustafa Halit Korkusuz, NÜKLEER SEC(2011) 1201 final, pages 74, 75: «Com- tion/func-directinfo/587/ SANTRAL İŞLETENİN HUKUKİ SORUM- pliance of the existing regulations with the

590 atw 57. Jg. (2012) Heft 10 | Oktober Nuclear New Build in Turkey

EU acquis still needs to be verified.»; [42] Official Gazette No. 26642 of 13 September [53] Regulation on the Establishment and Work- Gökhan Çayan, Avrupa Birliği Enerji Huku- 2007 (unofficial translation available at ht- ing Procedures of Advisory Committee on ku, Politikası ve Türkiye, 2011, chapter A 2 tp://www.taek.gov.tr/eng/legislation/Leg- Nuclear Safety, Official Gazette No. 23106 c), available (only Turkish) at http://www. islation/regulations/nuclear-safety/), chan- of 10 September 1997. gcayan.com/ and at http://www.tuica- ged by regulation of 2009 (Official Gazette [54] Available at http://www.taek.gov.tr/eng/ kademi.org/index.php/kategoriler/avrupa/ No. 27144 of 17 February 2009). about-us/aek.html 309-avrupa-birligi-enerji-hukuku-politikasi- [43] List (only Turkish) available at http:// [55] Available at http://www.taek.gov.tr/eng/ ve-turkiye www.taek.gov.tr/belgeler-formlar/mevzuat/ about-us/advisory-council.html [31] Constitution voted as Law no. 2709 on 7 yonerge-kilavuz/kilavuzlar/; Tentative List [56] Available at http://www.taek.gov.tr/eng/ November 1982, Official Gazette No. 17874 of Applicable Regulations, Standards and about-us/acns.html of 20 November 1982. See Ergun Özbudun, Guides, in: Tender Documentation of 30 [57] TAEK, Invitation To Tender For Procure- Constitutional Law, in: Tuğrul Ansay/Don July 2012, C.1. Guides of The Republic of Tur- ment Of Technical Support Services On Reg- Wallace, Jr. (Editors), Introduction to Turk- key, pages 53, 54, available at http://www. ulatory Control During The Construction Li- ish Law, 1996, pp. 19 – 46. taek.gov.tr/eng/haberler/1-latest-news/ cense Application For Akkuyu Nuclear Pow- [32] With regard to norm hierarchy see for ex- 796-invitation-to-tender-for-akkuyu.html er Plant (Anpp): «Turkish Atomic Energy Au- ample (Germany) «Abbildung Regelwerks- [44] Official Gazette No. 26642 of 13 Septem- thority has initiated the process for procure- pyramide», available at http://www.bmu. ber 2007 (unofficial translation available ment of technical support services during de/atomenergie_sicherheit/rechtsvorschrif- at http://www.taek.gov.tr/eng/legisla- the review and assessment of construction ten_technische_regeln/doc/40327.php, and tion/Legislation/regulations/nuclear-safe- license application of ANPP according to the the Handbook on Reactor Safety and Radi- ty/), changed by regulation of 2008 (Official procurement by prequalification proce- ation Protection (Handbuch Reaktorsicher- Gazette No. 27034 of 24 October 2008). dures. The formal invitation has been an- heit und Strahlenschutz), available at ht- [45] ��NÜKLEER GÜVENLİK DENETÇ�İSİ�� YETKİ- nounced in Public Procurement Bulletin no. tp://www.bfs.de/de/bfs/recht/rsh, finally LENDİRİLMESİNE İLİŞKİN YÖNERGE, 2155 on July 30th 2012», available since 31 see the safety criteria for nuclear power available (only Turkish) since 2 March July 2012 at http://www.taek.gov.tr/eng/ plants («Sicherheitskriterien für Kernkraft- 2012 at http://www.taek.gov.tr/belgeler- (Addendum available since 12 August werke») with 12 modules, available at http: formlar/func-directinfo/739/ 2012). It should be mentioned that neither //www.bmu.de/atomenergie_sicherheit/ [46] Regulation on Physical Protection of Nucle- the Law No. 2690 of 9 July 1982 nor the De- rechtsvorschriften_technische_regeln/sicher- ar Materials and Nuclear Facilities (Nük- cree on Licensing Nuclear Installations of heitskriterien/doc/44296.php leer Tesislerin ve Nükleer Maddelerin Fizik- 1983 (footnote 34) explicitly empower TAEK [33] A catalogue with definitions for nuclear sel Korunması Yönetmeliği), Official Ga- with the competence to provide itself with topics was voted already in 1991 (Nükleer zette No. 28300 of 22 May 2012, available external support; see on the other hand the Tanımlar Yönetmeliği, Official Gazette No. (only Turkish) at http://www.taek.gov.tr/ preparations for the creation of a Techni- 20986 of 9 September 1991). belgeler-formlar/func-directinfo/747/. Tur- cal Support Unit (Teknik Destekleme [34] Official Gazette No. 18256 of 19 December key ratified the Convention on the Physical Kuruluşu) for the Akkuyu Nuclear Power 1983; unofficial translation available at Protection of Nuclear Material (INFCI- Plant Licensing process in (only Turkish): http://www.taek.gov.tr/eng/legislation/ RC/274/Rev.1) in 1985, available at http:// TAEK, 2011 YILI FAALİYET RAPORU (avail- Legislation/regulations/nuclear-safety/ www.iaea.org/Publications/Documents/ able since 23 July 2012 at http://www. [35] Available since 27 April 2010 at http:// Conventions/cppnm_status.pdf. See for taek.gov.tr/belgeler-formlar/sgm/faaliyet_ www.taek.gov.tr/eng/legislation/Legisla- physical protection and security Carlton raporlari/TAEK-2011-Y%C4 %B1l %C4 tion/regulations/nuclear-safety/; the di- Stoiber, Nuclear Security: Legal Aspects of %B1-Faaliyet-Raporu/), page 47. It could rective repealed the «Directive on Principles Physical Protection, Combating Illicit Traf- be stated that the existing regulation in of Licensing of Nuclear power Plants, ap- ficking and Nuclear Terrorism, in: Interna- Turkey does not establish a system of Tech- proved by the Atomic Energy Commission at tional Nuclear Law: History, Evolution and nical Support Organizations (TSO). See for th its meeting No. 113/4, dated 24/05/ 2010», Outlook (10 Anniversary of the Interna- example for Germany Section 20 sentence Article 8- (1). tional School of Nuclear Law), 2010, pp. 1 of the German Atomic Energy Act (Act on [36] Official Gazette No. 27027 of 17 October 219 et seq., Nuclear Energy Agency, NUCLE- the Peaceful Utilization of Atomic Energy 2008. Unofficial translation available at AR ENERGY OUTLOOK 2008 (NEA No. and the Protection against its Hazards of http://www.taek.gov.tr/eng/legislation/ 6348), Chapter 9 «Non-proliferation and December 23, 1959 (Federal Law Gazette I, Legislation/regulations/nuclear-safety/ Security», pp. 272 et seq., IAEA Nuclear Se- p. 814), as amended and promulgated on [37] See footnote 28. curity Achievements 2002 – 2011, Working 15 July 1985, last amendment of 24 Febru- [38] Official Gazette No. 27027 of 17 October to build a global response to a global threat, ary 2012): «In the licensing and superviso- 2008. Unofficial translation available at 2012, available at http://www.iaea.org/ ry procedures … the authorities in charge http://www.taek.gov.tr/eng/legislation/ Publications/Booklets/ may consult authorized experts», and for Legislation/regulations/nuclear-safety/ [47] Official Gazette No. 23999 of 24 March example for France Article 4 No. 2 last sen- [39] Official Gazette No. 27176 of 21 March 2000, changed for the last time by regula- tence of Loi no. 2006-684 du 13 juin 2006 2009. Unofficial translation available at tion of 2010, Official Gazette No. 27600 of relative à la transparence et à la sécurité en http://www.taek.gov.tr/eng/legislation/ 3 June 2010, unofficial translation available matiere nucléaire (JO of 14 June 2006): func-directinfo/597/ at http://www.taek.gov.tr/eng/documents/ L’Autorité de sûreté nucléaire «délivre les [40] Unofficial translation available since 4 July Legislation/regulations/radiation-safety/ agréments requis aux organismes qui par- 2012 at http://www.taek.gov.tr/eng/legis- [48] See footnote 29. ticipent aux contrôles et à la veille en mat- lation/Legislation/regulations/nuclear-saf- [49] Radiation Protection and Safety of Radia- ière de sûreté nucléaire ou de radioprotec- ety/Guide-on-Specific-Design-Principles/. tion Sources: International Basic Safety tion». See also Convention on Nuclear Safe- See also Safety of Nuclear Power Plants: Standards – General Safety Requirements ty (footnote 20), Article 8 No. 1 and Article Design Specific Safety Requirements IAEA Part 3 – No. GSR Part 3 (Interim), 2011, 11 No. 2, and EURATOM Directive of 2 July Safety Standards Series No. SSR-2/1 – Pub- available at http://www-ns.iaea.org/tech- 2009 (footnote 29), Article 5 No. 3 sen- lished 20 February 2012, available at http:// areas/radiation-safety/radiation-protection. tence 1 and Article 7. www-ns.iaea.org/standards/documents/ asp?s=3&l=95 [58] A regulation (Çevresel Etki Değerlendirmesi recent-pubs.asp?s=11&l=84 [50] Official Gazette No. 23934 of 15 January Yönetmeliği, Official Gazette No. 26939 of [41] For example aims the objective of the De- 2000, ��NÜKLEER VE RADYOLOJİK TEHLİ- 17 July 2008) is valid for nuclear power sign Specific Safety Requirements (foot- KE DURUMU ULUSAL UYGULAMA YÖ- plants (No. 2 b of the list in annex I to the note 40) at establishing «design require- NETMELİĞİNDE DEĞİŞİKLİK YAPILMASI- regulation); see (only Turkish) T.C. Çevre ments for the structures, systems and com- NA DAİR YÖNETMELİK (Official Gazette Orman Bakanlığı, Çevresel Etki Değerlen- ponents of a nuclear power plant, as well as No. 27144 of 17 February 2009). dirmesi Özel Sektörel Rehberleri, ÇED Reh- for procedures and organizational process- [51] Article 6 of the Law No. 2690 of 9 July 1982 beri – Nükleer Enerji Santralları, 2006, es important to safety, that are required to and Regulation on Working Procedures of available at http://www.csb.gov.tr/gm/do- be met for safe operation and for prevent- Atomic Energy Commission, Official Gazette syalar/belgeler/belge387/Sektorel_rehber_ ing events that could compromise safety, or No. 17927 of 13 January 1983. nukleer.pdf. Article 3 lit. j) sentence 2 of the for mitigating the consequences of such [52] Article 7 of the Law No. 2690 of 9 July Environment Law (Law No. 2872, Offi- events, were they to occur» (page 2). 1982. cial Gazette No. 18132 of 9 August 1983,

atw 57. Jg. (2012) Heft 10 | Oktober 591 Nuclear New Build in Turkey

chan-ged for the last time in 2006) provides Turkey and Russia had concluded the «Agree- [80] See footnotes 65, 73. TAEK to be competent for environmental af- ment between the Government of the Repub- [81] See Norbert Pelzer, Legal Issues Associated fairs with regard to its competences under lic of Turkey and the Government of the Rus- with Preparing for a Nuclear Energy Pro- Law No. 2690 of 1982. See also Özge Ünver, sian Federation for Cooperation in the Use of gramme, in: International Ministerial Con- LICENSING AND ENVIRONMENTAL IM- Nuclear Energy for Peaceful Purposes» (Offi- ference on Nuclear Energy in the 21st Cen- PACT ASSESSMENT (EIA) FOR NPP’s IN cial Gazette No. 27844 of 12 February 2011), tury, Beijing, 20 – 22 April 2009, pages 2 – TURKEY (at the Technical Meeting on Envi- available at http://www.taek.gov.tr/eng/in- 4, available at http://www-pub.iaea.org/ ronmental Issues in Nuclear Power Pro- ternational/agreements.html. Turkish Con- MTCD/publications/PDF/Pub1420_web. grammes, Vienna/Austria, 20-23 March stitutional Court’s ruling of 1 June 2012 up- pdf, and Norbert Pelzer, Nuclear New Build 2012). holds conformity of Law No. 6007 of 15 July – New Nuclear Law?, in: Nuclear Law Bul- [59] See (only Turkish) TÜRKİYEDE ÇEVRESEL 2010 (Agreement of 12 May 2010) with the letin No. 84 (Volume 2009/2), pp. 5 et seq. BİLGİLENME HAKKI VE AB DİREKTİFLERİ Constitution. With regard to the independence of the by Yrd. Doç. Dr. Necla Akdağ Güney, availa- [67] Article 5 of the Agreement; K.J. Chechenov, Regulatory Body, SABAH newspaper of 24 ble at www.ikv.org.tr/.../turkiyede_cevresel_ BOO educational component: the Turkish December 2005 reported that in 2006 bilglendir... ; see also Sinop Nükleer Teknolo- case, slices 2, 3; see also www.akkunpp. TAEK would be restructured by creating a ji Merkezi (12 Şubat 2008), available (only com. Akkuyu NPP JSC is a Turkish Compa- new Turkish Atomic Regulatory Authority, Turkish) at http://www.taek.gov.tr/belgeler- ny Incorporated. while TAEK would be the Research Author- formlar/func-directinfo/97/, slice 44. [68] Serhat Köse (footnote 61), slices 9, 12. ity, and ZAMAN newspaper of 14 May 2011 [60] See for water aspects for example Sinop [69] See Serhat Köse (footnote 61), slices 11, 12. published that the Council of Ministers de- Nükleer Teknoloji Merkezi (footnote 59), Gürkan Kumbaroğlu, Türkiye Açısından liberated to split up TAEK in Research slice 37. Nükleer Enerji Ekonomisi, 2011, concludes Centers and Institutes on the one hand and [61] IAEA (footnote 5), chapter 2.1.1, Özge Ün- that the Agreement is economically posi- Atomic Regulatory Authority on the other ver (footnote 58), slice 4, Serhat Köse, Re- tive for Turkey and that Russia has taken hand; see also NEA Nuclear Law Bulletin cent Status of Nuclear Program in Turkey took over all risks (page 105). See also Arti- No. 2/2009 (footnote 19), page 109 lit. d). (at the Workshop on Introduction of Nucle- cle 5 paragraphs 2 and 4 of Law No. 5710 [82] See list annexed to the tender of 30 July 2012 ar Power Programmes: Management and (footnote 22). (footnotes 43, 57). Moreover the nuclear Evaluation of a National Nuclear Infra- [70] Salih Sarı (footenote 62), slice 10, Venetka safety requirements are still developing; see structure, Vienna, 8 – 11 February 2011), Tzocheva (footnote 62), slices 12, 13. for example M. Bukrinski (Honorary Energy slice 10. It should be mentioned that the [71] K.J. Chechenov (footnote 67), slices 2, 3, 8. Expert of Russia, SEC NRS), Logic of the Decree on Licensing Nuclear Installations [72] Özge Ünver (footnote 58), slices 26, 27 safety requirements development for nu- (footnote 34) does not provide transition [73] See Enerji ve Tabii Kaynaklar Bakanlığı Nük- clear power plants in Russia, in the Russian regulations for site licenses granted before leer Enerji Proje Uygulama Dairesi Başkanlığı, journal Nuclear and Radiation Safety No. entry into force of the decree in 1983. AKKUYU NÜKLEER GÜÇ SANTRALİ PROJE- 2, 2010, pages 3-7 (in Russian). [62] IAEA (footnote 5), chapter 2.1.1, Venetka SİNE DAİR HUKUK DANIŞMANLIĞI HİZME- [83] See Section 7 paragraph 2 No. 3 of the Ger- Tzocheva, Akkuyu NPP – the first Turk- Tİ ALINACAKTIR, İhale Kayıt Numarası: man Atomic Energy Act (footnote 57): «the ish NPP (presentation at Varna 30-01 June 2012/39807, and TAEK, Invitation To Tender necessary precautions have been taken in 2012), slice 6, Salih Sarı, A Review of Ak- of 30 July 2012 (footnote 57). the light of the state-of-the-art of science kuyu NPP Project in Turkey After Fukushi- [74] See Ali Rıza Aydın, Akkuyu nükleer güç san- and technology to prevent damage from the ma Daiichi Accident (at The Technical Meet- traline hukuksal bir bakış, available (on- erection and operation of the installation», ing on Evaluation Methodology of the Sta- ly Turkish) at http://haber.sol.org.tr/yazar- and Gerald Hennenhöfer/Horst Schneider, 50 tus of National Nuclear Infrastructure De- lar/ali-riza-aydin/akkuyu-nukleer-gucsan- Jahre Atomgesetz – Eine Zwischenbilanz, velopment and Integrated Nuclear Infra- traline-hukuksal-bir-bakis-54626 and at in: Verfassung Umwelt Wirtschaft (Fest- structure Review (INIR), 18-20 June 2012, http://enerjienstitusu.com/category/kon- schrift für Dieter Sellner), 2010, pp. 347 et Vienna, Austria), slice 2, concluding: «Ten- vansiyonel-enerji/nukleer-enerji-konvan- seq., in particular pages 350 – 357. ders were not successful in Turkey». siyonel-enerji/, Uluslararası İlişkiler ve [84] See the remarks in footnote 19. For the pri- [63] Footnotes 22, 26, 36, 38, 39. Stratejik Analizler Merkezi, Türkiye’ye Teklif ority to safety see Article 10 of the Conven- [64] IAEA (footnote 5), in chapter 2.1.1 the last Edilen Rus Nükleer Santrali ve Ulusal Nük- tion on Nuclear Safety (footnote 20) and three paragraphes. leer Santral Önerisi (6 January 2009), avail- the EURATOM Directive of 2009 (footnote [65] See TAEK, Akkuyu Nuclear Power Plant, available (only Turkish) at http://www.turksam. 29), Article 6 No. 4; until now the priority able at http://www.taek.gov.tr/eng/ser- org/tr/a1560.html. See also the Agreement to safety is accentuated in Turkish law for vices/206-akkuyu-nuclear-power-plant/789- between the Government of the Republic of example with regard to Quality Manage- akkuyu-nuclear-power-plant.html, and Sinop Turkey and the Government of the Russian ment Requirements in Article 13 of the Nükleer Teknoloji Merkezi (footnote 59), slic- Federation for Cooperation in the Use of Nu- Regulation of 2007 (footnote 42). For es 11 – 40, T.C. Enerji ve Tabii Kaynaklar clear Energy for Peaceful Purposes (footnote the issue of TSO see the remarks in foot- Bakanlığı, Nükleer Santraller ve Ülkemizde Ku- 66) and the recent announcement on coop- note 57 and Dieter Sellner/Gerald Hennen- rulacak Nükleer Santrale İlişkin Bilgiler, Nük- eration between Rosatom and Areva (Areva, höfer/Anselm Schaefer/Michael Sailer, Ex- leer Enerji Proje Uygulama Dairesi Başkanlığı, Communiqué de presse du 18 juillet 2012: pert’s Report The Role of the Independent Yayın No. 1, 2011, available (only Turkish) at «AREVA et ROSATOM examinent un ren- Expert Organisations and the Risks Related http://www.enerji.gov.tr/index.php?dil=en forcement de leur coopération»). to Changing the Supervision Process, 2007, &sf=webpages&b=nukleerenerji_EN&bn=2 [75] See Sinop Nükleer Teknoloji Merkezi (foot- pp. 7 – 52, dealing with the approaches 24&hn=&nm=40717&id=40738), TAEK, note 59). taken by Germany, France, Sweden and the 2011 Yılı Faaliyet Raporu (footnote 57), pag- [76] See Turkish Radio and Television Corpora- USA. es 47 and 48, Venetka Tzocheva (footnote tion Official Web Site of 12 May 2012 (foot- [85] See Law No. 5710 (footnote 22), Provision- 62), slice 7. At the beginning of September note 10), available (only Turkish) at http:// al Article 1, and the remarks on separation 2012 IAEA evaluated TAEK’s Akkuyu site con- www.trthaber.com/haber/ekonomi/turki- of TAEK in footnote 81. ditions and investigation studies positively ye-enerji-ataginda-40524.html [86] K.J. Chechenov (footnote 67); see in particu- (see – only Turkish – http://www.enerjiport. [77] See for China http://enerjienstitusu. lar the aspect mentioned in footnote 71. com/ 2012/09/04/akkuyu-nukleer-tam-not- com/2012/04/13/cinin-nukleer-enerjisini- [87] Convention on Access to Information, Pub- aldi/). taniyalim/ and for Canada http://enerjien- lic Participation in Decision-making and [66] AGREEMENT BETWEEN THE GOVERN- stitusu.com/category/konvansiyonel-ener- Access to Justice in Environmental Matters, MENT OF THE REPUBLIC OF TURKEY AND ji/nukleer-enerji-konvansiyonel-enerji/ adopted on 25 June 1998 in Aarhus (Den- THE GOVERNMENT OF THE RUSSIAN FE- [78] See TAEK, 2011 Yılı Faaliyet Raporu (footnote mark), and Convention of Environmental DERATION ON COOPERATION IN RELATI- 57), pages 45 – 50, and TAEK, Taslak Mevzuat Impact Assessment in a Transboundary ON TO THE CONSTRUCTION AND OPERA- (Draft Regulations and Forms), available (on- Context, done at Espoo (Finland), on 25 TION OF A NUCLEAR POWER PLANT AT ly Turkish) at http://www.taek.gov.tr/belgel- February 1991. THE AKKUYU SITE IN THE REPUBLIC OF er-formlar/mevzuat/taslak- mevzuat/ [88] See European Commission, Memo of 14 TURKEY, OfficialOffi cial Gazette No. 27648 of 21 JuJu-- [79] See List of all valid Safety Standards, avail- June 2012, Enhanced EU-Turkey energy co- ly 2010 and No. 27721 of 6 October 2010 able at http://www-ns.iaea.org/standards/ operation, No. 5. «Nuclear safety and radi- (with English version); on 6 August 2009 documents/pubdoc-list.asp?s=11&l=96 ation protection». 

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