Convention on Nuclear Safety Report by the Government of the Federal Republic of Germany for the Sixth Review Meeting in March/April 2014 IMPRINT IMPRINT Published by: Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) Division RS I 5 · Robert-Schuman-Platz 3 · 53175 Bonn · Germany Email: [email protected] · Website: www.bmu.de/english Edited by: BMU, Division RS I 5, General and Fundamental Aspects of Reactor Safety, Nuclear Safety Codes and Standards, Multilateral Regulatory Co-operation Design: design_idee, büro_für_gestaltung, Erfurt Printed by: BMU in-house printing service Photo credits: Title page: picture alliance/David Ebener Date: 26 June 2013 (cabinet decision) First Print: 80 copies Convention on Nuclear Safety Report by the Government of the Federal Republic of Germany for the Sixth Review Meeting in March/April 2014 CONTENTS Introduction 12 General conditions for the use of nuclear energy in the Federal Republic of Germany 12 Overview of the nuclear energy policy of the Federal Republic of Germany 12 The Federal Republic of Germany‘s reaction to the reactor accidents at Fukushima 12 Overview of the national nuclear programme 14 Obligations of the Federal Government of Germany under the Convention on Nuclear Safety and survey of the main safety issues addressed 14 Preparation of the report 14 Summary of the main results since the Fifth Review Meeting 16 Re-evaluation of nuclear power in the Federal Republic of Germany and measures taken in consequence of the nuclear accident at the Fukushima nuclear power plant 16 Safety requirements and regulations 17 IRRS Follow-up Mission to Germany 18 Safety management and staff qualification 18 Safety reviews 19 Radiation protection 19 Emergency preparedness 19 Overview of important safety issues 20 Accidents and events classified higher than INES Level 0 20 6 Existing nuclear installations 21 Nuclear installations as defined by the Convention 21 Operation of the nuclear installations as defined by the Convention 24 Use of mixed oxide (MOX) fuel elements 25 Modification licences 25 Long-term shutdown operation/post-operation phase 25 Research reactors 27 Other nuclear installations 27 Overview of important safety issues (including events) 28 Reactions in Germany to the RPV indications in a foreign nuclear power plant 29 Overview of planned programmes and measures for continuous improvement of safety 29 Safety reviews according to § 19a AtG 29 Research for the safety of nuclear installations as defined by the Convention 29 Activities of the BMU 30 Installations for which decisions on shutdown have been made 30 Position of the Federal Republic of Germany concerning the safety of the nuclear power plants in Germany 31 Article 6: Progress and changes since 2011 31 Article 6: Future activities 31 7 Legislative and regulatory framework 32 7 (1) Legislative and regulatory framework 32 Framework requirements due to the federal structure of the Federal Republic of Germany 32 Involvement of international and European law 33 International treaties 33 Legal provisions of the European Union 33 4 Convention on Nuclear Safety – Sixth Report of the Federal Republic of Germany 7 (2i) Nuclear legal and regulatory framework 34 National nuclear legal and regulatory framework 34 Acts, ordinances and administrative provisions 34 Regulatory guidelines published by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) 37 Other regulatory guidance instruments on the safety of nuclear power plants 37 Revision of the nuclear rules and regulations 39 National nuclear rules and regulations 39 Development of international rules and regulations 39 7 (2ii) System of licensing 40 General provisions 40 Nuclear licensing procedure 40 Licence application 40 Examination of the application 41 Public participation 41 Environmental impact assessment 42 Licensing decision 42 7 (2iii) Regulatory inspection and assessment (supervision) 42 7 (2iv) Enforcement of regulations and provisions 43 Enforcement by regulatory order, particularly in urgent cases 43 Enforcement by modification or revocation of the licence 43 Prosecution of violations of nuclear law provisions 44 Criminal offences 44 Administrative offences 44 Experience 44 Article 7: Progress and changes since 2011 45 Article 7: Future activities 45 8 Regulatory body 46 8 (1) Authorities, committees and organisations 46 Composition of the regulatory body 46 Assignment of functions and competencies of the regulatory body to the federal and Länder government authorities 48 Subordinate Federal Government authority – Federal Office for Radiation Protection 48 Subordinate authorities in the Länder 48 Co-operation between the authorities of the regulatory body – Länder Committee for Nuclear Energy 50 Organisation and staffing of the nuclear authorities of Federation and the Länder 52 Nuclear authority of the Federation 52 Nuclear authorities of the Länder 52 Competence of the “regulatory body” staff 54 Competence and personnel development at the federal nuclear authority 54 Competence and personnel development at the Länder nuclear authority 55 Information and knowledge management system 55 Financial resources of the “regulatory body” 56 Management systems of the “regulatory body” 56 Management system at the regulatory authority of the Federation 56 Development of management systems at Länder authorities 58 Support by the Federal Office for Radiation Protection, advisory commissions and authorised experts 58 Federal Office for Radiation Protection (BfS) 58 Reactor Safety Commission, Commission on Radiological Protection 58 Authorised experts 59 Gesellschaft für Anlagen- und Reaktorsicherheit (GRS) mbH 60 IRRS self assessment and mission for the “regulatory body” in Germany 60 8 (2) Separation of duties in the regulation and the utilisation of nuclear energy 61 Requirements of the Convention 61 Realisation in Germany 61 Convention on Nuclear Safety – Sixth Report of the Federal Republic of Germany 5 Article 8: Progress and changes since 2010 63 Article 8: Future activities 63 9 Responsibility of the licence holder 64 Legal and regulatory requirements 64 Implementation and measures by the plant operators 65 Regulatory review 66 Article 9: Progress and changes since 2010 67 Article 9: Future activities 67 10 Priority to safety 68 Legal and regulatory requirements 68 Implementation and measures by the plant operators 69 Safety policy 69 Safety management 69 Regulatory review 69 Internal measures of the authority for priority of safety 70 Article 10: Progress and changes since 2010 71 Article 10: Future activities 71 11 Financial means and human resources 72 11 (1) Financial means 72 Legal and regulatory requirements 72 Implementation and measures by the plant operators 73 Regulatory review 73 11 (2) Human resources and personnel qualification 73 Legal and regulatory requirements 73 Methods for establishing competence requirements and training needs 74 Personnel development 74 Personnel qualification 74 Methods for verifying the provision of a sufficient number of qualified personnel 76 Examination of subcontractors 76 Experts in the field of nuclear technology 76 Regulatory review 76 Nuclear power plants in long-term shutdown operation/post-operation phase 77 Article 11: Progress and changes since 2010 78 Article 11: Future activities 78 12 Human factors 79 Legal and regulatory requirements 79 Consideration of ergonomic principles in the design and modifications of nuclear installations 81 Implementation and measures by the plant operators 81 Self-assessment of management and organisation by the plant operator 82 Evaluation of operating experience with regard to human and organisational factors 82 Regulatory review 82 Article 12: Progress and changes since 2010 83 Article 12: Future activities 83 13 Quality assurance 84 Legal and regulatory requirements 84 Implementation of an integrated management system 84 Audit programmes of the plant operator 85 Audit programmes of the plant operators for manufacturers and suppliers 85 Regulatory review 85 Article 13: Progress and changes since 2010 86 Article 13: Future activities 86 6 Convention on Nuclear Safety – Sixth Report of the Federal Republic of Germany 14 Assessment and verification of safety 87 14 (i) Assessment of safety 87 Requirements for safety assessments in licensing and supervisory procedures 87 Requirements on the documentation for safety assessments in licensing and supervisory procedures 88 Safety assessments in the supervisory procedure 89 Decennial safety review 89 Safety assessments performed 91 Deterministic safety analyses 91 Probabilistic safety analyses (PSAs) 91 Backfitting measures and improvements performed and current activities 92 Impairment of water suction from the containment sump of PWR/BWR plants during loss-of-coolant accidents (LOCAs) 92 Accident behaviour of fuel elements with cladding tubes made of zirconium-niobium 92 Boron dilution 92 Software-based instrumentation and control (I&C) 92 Regulatory review 93 Activities following the Fukushima accident in March 2011 93 Safety assessment in the supervisory procedure 93 Measures of the operators 95 Regulatory review 96 14 (ii) Verification of safety 96 Regulatory requirements 96 Routine verification fo safety by the plant operator 96 Ageing management 97 Measures for internal reviews of the plant operators 98 WANO Peer Reviews 98 National Peer Reviews 98 OSART missions 99 Reviews within the framework of state supervision 99 Accompanying inspections during construction, commissioning