29 Written Submissions from Stakeholders

Submissions Received during Public Consultation of CNSC Discussion Paper DIS-12-02 Process for Establishing Release Limits and Action Levels at Nuclear Facilities Submission Received From Page No. Areva 2 Atomic Energy of Canada Ltd. 10 Australian Uranium Association 16 Bruce Power 18 Cameco Corporation 27 Canadian Environmental Law Association 39 Canadian Nuclear Association 43 CANDU Energy Inc. 68 CANDU Owners Group (Attachment 1) P71 Concerned Citizens of Renfrew County 81 Conservation Council of New Brunswick Action 86 Environment Canada 91 GE Hitachi Nuclear Energy 97 Hydro Québec 99 Intendants du Madawaska (Les) 108 International Institute of Concern for Public Health 109 International Safety Research 120 Khosla, Dr. J.K. 124 New Brunswick Department of Environment 126 New Brunswick Power 127 Nordion 133 Nuclear Waste Management Organization 135 Ontario Ministry of the Environment 138 Ontario Power Generation 140 Ministère du développement durable de l'environnement et 160 des parcs ; Québec Rio Algom 162 Rio Tinto 168 Saskatchewan Ministry of the Environment 176 World Nuclear Association 181 VIA EMAIL June 30, 2012 Mr. Mark Dallaire, Director General Canadian Nuclear Safety Commission P.O. Box 1046, Station B 280 Slater Street Ottawa, Ontario K1P 5S9 Dear Mr. Dallaire: Re: Comments on CNSC DIS-12-02, Process for Establishing Release Limits and Action Levels at Nuclear Facilities AREVA Resources Canada Inc. (AREVA) appreciates the opportunity to comment on the CNSC Discussion Paper DIS-12-02: Process for Establishing Release Limits and Action Levels at Nuclear Facilities. AREVA supports the CNSC efforts to develop a more transparent and consistent regulatory framework, and to incorporate existing standards and guides where available. However, substantive further discussion, and further analyses of the impacts the proposed changes may have on the Canadian uranium mining industry are required to advance changes to the regulatory framework. Accordingly, please find Schedule A attached outlining AREVA’s general comments and specific comments for various sections of the document. We look forward to further engagement in this discussion. Regards, Tammy Van Lambalgen Vice President, Regulatory Affairs & General Counsel Enclosure: Schedule A AREVA Resources Canada Inc. Schedule A: Comments on CNSC DIS-12-02 June 30, 2012 - Page 1 AREVA supports the Canadian Nuclear Association submission: AREVA participated in the development of the Canadian Nuclear Association (CNA) Member Comments on the Proposed Process for Establishing Release Limits and Action Levels at Nuclear Facilities and is supportive of the comments presented. The points outlined below reiterate our support from an AREVA perspective. Rationale for the development of the DIS-12-02 framework: At AREVA Resources Canada Inc. (AREVA), our environmental policy recognizes that continued economic and social development depend on a healthy environment and incorporates environmental considerations into all company activities to ensure sustainable development. AREVA is committed to continually improve approaches and technology to minimize the effects of its activities on the environment. As you are aware, at our operating, and planned future facilities, AREVA has undertaken extensive programs to characterize treated effluent releases, and has developed management strategies to control such releases to minimize effects to air quality and surface waters and the aquatic environment. These management strategies are supported by contaminant transport and fate modelling which incorporates local hydrological and atmospheric characterization and environmental transfer factors. The management strategies, contaminant transport and fate models, and site characterization data, including baseline data, are described in environmental assessment documentation, and/or in support of licensing applications. The assessments are undertaken in a conservative manner, and are often subject to follow-up programs to verify the accuracy of the assessments and to determine the effectiveness of the management strategies. AREVA’s overarching view on the proposed DIS-12-02 is to question the rationale for the development of this discussion paper. To ensure alignment with ongoing federal regulatory reform, AREVA suggests the CNSC give further consideration to the federal initiative for reduced duplication through recognizing provincial and federal jurisdiction for regulating environmental performance objectives, including the regulatory processes required prior to commencement of an activity, namely the environmental assessment process. When initiating regulatory response, AREVA suggests the adoption of the 2007 Cabinet Directive on streamlining regulation, which promotes regulation development proportional to the type and degree of risk with open, meaningful and balanced consultations at all stages of the regulatory process. We concur with the priority given to risk, as outlined in CNSC policy and the Cabinet Directive. This concept introduces a two tier alternative to the principles outlined in the discussion document, with a primary focus on risk, and a subsequent optimization process with respect to pollution prevention. This approach should be considered in the development of the principles that form the foundation of this Discussion Paper. It is our view that this priority is not reflected in the discussion document, where risk (the clear mandate of the CNSC Environmental Protection Policy) and pollution prevention appear to be given equal consideration. In relation to risk, AREVA notes the findings of the “2010 Annual Report on Uranium Management Activities”. This report was prepared under the CNSC/Environment Canada Memorandum of Understanding and clearly states that the uranium mining sector is operating well below established limits and that the uranium mining industry continues to be top performers within the Canadian mining AREVA Resources Canada Inc. Schedule A: Comments on CNSC DIS-12-02 June 30, 2012 - Page 2 sector. AREVA believes that the 2010 Annual Report, considered in conjunction with the CNSC 2009 publication, “Uranium Mining: The Facts on a Well-Regulated Industry”, supports the questioning of rationale for the development of this discussion paper by the CNSC. Timing of the development of DIS-12-02: With the on-going substantial changes to the federal regulatory landscape, AREVA believes that the release of DIS-12-02 does not align well with other ongoing federal initiatives or with some aspects of the recently introduced Federal Government “Responsible Resource Development” Bill C-38. The development of DIS-12-02 will need to take into consideration the recent revisions to the Fisheries Act and outcomes of the 10 year review of Metal Mining Effluent Regulations (MMER), and subsequently, evaluate potential jurisdictional implications. Additionally, Environment Canada (EC), the CNSC and the Canadian Mining Industry, including the uranium mining sector will need extensive collaboration during the MMER 10 year review process. The expectations of stakeholder involvement parallel those implemented in previous initiatives, such as EC’s 2002 revision of the 1977 Metal Mining Liquid Effluent Regulations (MMLER), and the EC/CNSC initiative to finalize the Priority Substance List (PSL2) Assessment of Releases of Radionuclides from Nuclear Facilities (Effects on Non-human biota). Such stakeholder consultation processes, when combined with initiatives such as the EC Chemical Management Plan to conduct a national assessment of selenium and selenium compounds, will ensure that potential risks are managed on a national basis, and avoid the introduction of regulatory disparities between the industrial, mining and nuclear industries. The adoption of such stakeholder consultation processes in the past have demonstrated improved outcomes for both industry and the regulatory community. Regulatory process and lack of stakeholder consultation: It is noted in the executive summary of DIS-12-02, that the CNSC “with input from stakeholders, has developed a more transparent regulatory framework for environmental protection at nuclear facilities”. However, AREVA supports the view expressed in the CNA members comment document, that the CNSC did not adequately involve stakeholders in the early development of the document. AREVA is disappointed with the lack of transparency and consultation by the CNSC during the two years of the internal development of DIS-12-02. AREVA notes in particular the 2007 Federal Government Cabinet Directive on streamlining regulation. The Directive indicates regulation development proportional to the type and degree of risk with open, meaningful and balanced consultations at all stages of the regulatory process. As noted below, AREVA believes that the CSA standards development process may provide an effective forum for developing the process for establishing release limits and action levels, based on the experience with developing other standards in the N288 series. Potential segregation of Uranium Mining from Canadian mining industry peers: With regard to regulatory process, we would like to highlight AREVA’s view that the CNSC should harmonize its requirements and maintain consistency with the federal and/or provincial regulatory AREVA Resources Canada Inc. Schedule A: Comments on CNSC DIS-12-02 June 30, 2012 - Page 3 requirements which apply more broadly to the mining industry. This consideration is particularly relevant to the regulation of hazardous substances, including those

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