Regulation Flashcards

1
Q

Who are the top regulators in the US, UK and Canada?

A

Chairman Kristine L. Svinicki. The Honorable Kristine Svinicki was designated Chairman of the U.S. Nuclear Regulatory Commission by President Donald J. Trump on January 23, 2017. She is currently serving her third term, ending June 30, 2022.

Adriènne Kelbie serves as Chief Executive of the Office for Nuclear Regulation from 18 January 2016. She comes to ONR from the Disclosure and Barring Service which safeguards vulnerable people and has undergone significant change since its formation in 2012.

Rumina Velshi was appointed President and Chief Executive Officer (CEO) of the Canadian Nuclear Safety Commission (CNSC) for a five-year term beginning August 22, 2018. Ms. Velshi has had a long association with the CNSC.

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2
Q

What is the authorizing legislation for the U.S. nuclear energy industry?

A

The Atomic Energy Act of 1946 (McMahon Act: “An Act For the development and control of atomic energy”) determined how the United States would control and manage the nuclear technology it had jointly developed with its World War II allies, the United Kingdom and Canada. It established the Atomic Energy Commission (AEC). The United States Atomic Energy Commission, commonly known as the AEC, the agency established after World War II by U.S. Congress to foster and control the peacetime development of atomic science and technology, transferring the control of atomic energy from military to civilian hands, effective on January 1, 1947.
The Energy Reorganization Act of 1974 transferred the regulatory functions of the AEC to the new Nuclear Regulatory Commission (NRC), which began operations on January 19, 1975. Promotional functions went to the Energy Research and Development Administration which was later incorporated into the United States Department of Energy.

The Atomic Energy Act of 1954 (42 U.S.C. §§ 2011-2021, 2022-2286i, 2296a-2297h-13) is a United States federal law that is, according to the Nuclear Regulatory Commission, “the fundamental U.S. law on both the civilian and the military uses of nuclear materials.”

Later the Price Anderson Act was added, limiting private sector liability.

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3
Q

Who signed the 1946 Atomic Energy Act?

A

President Harry S. Truman signed the initial Atomic Energy Act in 1946.

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4
Q

What is the controlling regulation in Canada for nuclear energy?

A

The Nuclear Safety and Control Act of Canada replaced the Atomic Energy Control Act of 1946 with new, more effective and explicit legislation to regulate the activities of the Canadian nuclear industry. The NSCA came into force on May 31, 2000 when it replaced the Atomic Energy Control Act. It established the Canadian Nuclear Safety Commission (CNSC) and set out the CNSC’s mandate, responsibilities and powers. This Act provided the CNSC with the authority to regulate the development, production and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and prescribed information in Canada.

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5
Q

What are the controlling regulations in the UK?

A

Health and safety at work act 1974
Nuclear installations Act 1965 (NIA)
Ionising Radiations Regulations 1999
Nuclear Industries Security Regulations 2003

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6
Q

Why was the Atomic Energy Commission abolished?

A

An increasing number of critics during the 1960s charged that the AEC’s regulations were insufficiently rigorous in several important areas, including radiation protection standards, nuclear reactor safety, plant siting, and environmental protection. By 1974, the AEC’s regulatory programs had come under such strong attack that the U.S. Congress decided to abolish the AEC. The AEC was abolished by the Energy Reorganization Act of 1974, which assigned its functions to two new agencies: the Energy Research and Development Administration and the Nuclear Regulatory Commission. On August 4, 1977, President Jimmy Carter signed into law The Department of Energy Organization Act of 1977, which created the Department of Energy. The new agency assumed the responsibilities of the Federal Energy Administration (FEA), the Energy Research and Development Administration (ERDA), the Federal Power Commission (FPC), and various other Federal agencies.

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7
Q

Under which president and by what piece of legislation was the AEC reorganized?

A

On August 4, 1977, President Jimmy Carter signed into law The Department of Energy Organization Act of 1977, which created the Department of Energy. The new agency assumed the responsibilities of the Federal Energy Administration (FEA), the Energy Research and Development Administration (ERDA), the Federal Power Commission (FPC), and various other Federal agencies.

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8
Q

Describe the responsibilities given by Congress to the AEC.

A

In creating the AEC, Congress declared that atomic energy should be employed not only in the form of nuclear weapons for the nation’s defense, but also to promote world peace, improve the public welfare and strengthen free competition in private enterprise. At the same time, the McMahon Act which created the AEC also gave it unprecedented powers of regulation over the entire field of nuclear science and technology. It furthermore explicitly prevented technology transfer between the United States and other countries, and required FBI investigations for all scientists or industrial contractors who wished to have access to any AEC controlled nuclear information. The signing was the culmination of long months of intensive debate among politicians, military planners and atomic scientists over the fate of this new energy source and the means by which it would be regulated. President Truman appointed David Lilienthal as the first Chairman of the AEC. (Wikipedia.)

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9
Q

How were the National Labs created?

A

The National Laboratory system was established from the facilities created under the Manhattan Project by the AEC. Argonne National Laboratory was one of the first laboratories authorized under this legislation as a contractor-operated facility dedicated to fulfilling the new AEC’s missions. Argonne was the first of the regional laboratories, to involve universities in the Chicago area. Others were the Clinton (CEW) labs and the Brookhaven National Laboratory in the Northeast.

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10
Q

After the AEA of 1946, who was put in charge of the US’s nuclear arsenal?

A

The AEC was in charge of developing the U.S. nuclear arsenal, taking over these responsibilities from the wartime Manhattan Project. In its first decade, the AEC oversaw the operation of Los Alamos Scientific Laboratory, devoted primarily to weapons development, and in 1952, the creation of new second weapons laboratory in California, the Lawrence Livermore National Laboratory. The AEC also carried out the “crash program” to develop the hydrogen bomb (H-bomb), and the AEC played a key role in the prosecution of the Rosenbergs for espionage.

The AEC also began a program of regular nuclear weapons testing, both in the faraway Pacific Proving Grounds and at the Nevada Test Site in the western United States. While the AEC also supported much basic research, the vast majority of its early budget was devoted to nuclear weapons development and production.

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11
Q

Describe the decision-making body for the AEC and its leadership history.

A

High-level scientific and technical advice for the AEC was provided by the General Advisory Committee, originally headed by J. Robert Oppenheimer. In its early years, the General Advisory Committee (GAC) made a number of controversial decisions, notably its decision against building the hydrogen bomb (H-bomb), announced in 1949. As a result, U.S. Senator Brien McMahon prompted the decision not to reappoint J. Robert Oppenheimer to the GAC when his six-year statutory term expired in 1952. Lilienthal had been one of the original members of the AEC who granted Dr. Oppenheimer nuclear security clearances in 1947.

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12
Q

Describe the controversy between Oppenheimer, Lilienthal and Truman.

A

J. Robert Oppenheimer and David Lilienthal, the subsequent AEC chairman opposed “a crash program to build the hydrogen bomb ahead of any other nation.” President Truman asked Lilienthal to leave the AEC, and he did so on February 15, 1950. With Oppenheimer and Lilienthal removed, President Truman announced his decision to develop and produce the hydrogen bomb. The first test firing of an experimental H-bomb (“Ivy Mike”) was carried out in the Central Pacific on November 1, 1952, under President Truman. Furthermore, U.S. Navy Admiral Lewis. W. Strauss was appointed in 1953 by the new President Eisenhower as the Chairman of the AEC, to carry out the military development and production of the H-bomb.[14]

Lilienthal wanted to give high priority to peaceful uses, especially with nuclear power plants. However, coal was still cheap, and the electric power industry was not interested. The first experimental nuclear power plant was started in Pennsylvania under President Eisenhower in 1954.

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13
Q

In 1973, how many nuclear power plants were projected?

A

n 1973, the AEC predicted that, by the turn of the century, one thousand reactors would be producing electricity for homes and businesses across the United States.

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14
Q

Explain the decline in support for nuclear power.

A

During the 1960s and early 1970s, the Atomic Energy Commission came under fire from opposition concerned with more fundamental ecological problems such as the pollution of air and water. Under the Nixon Administration, environmental consciousness grew exponentially and the first Earth Day was held on April 22, 1970. Along with rising environmental awareness came a growing suspicion of the AEC and public hostility for their projects increased. In the public eye, there was a strong association between nuclear power and nuclear weapons, and even though the AEC had made a push in the late 1960s, to portray their efforts as being geared toward peaceful uses of atomic energy, criticism of the agency grew. The AEC was chiefly held responsible for the health problems of people living near atmospheric test sites from the early 1960s, and there was a strong association of nuclear energy with the radioactive fallout from these tests. Around the same time, the AEC was also struggling with opposition to nuclear power plant siting as well as nuclear testing. An organized push was finally made to curb the power held by the AEC, and in 1970 the AEC was forced to prepare an Environmental impact statement (EIS) for a nuclear test in northwestern Colorado as part of the initial preparation for Project Rio Blanco. After 1973, orders for nuclear reactors declined sharply as electricity demand fell and construction costs rose. Some partially-completed nuclear power plants in the U.S. were stricken, and many planned nuclear plants were canceled.

By 1974, the AEC’s regulatory programs had come under such strong attack that Congress decided to abolish the agency. Supporters and critics of nuclear power agreed that the promotional and regulatory duties of the AEC should be assigned to different agencies.

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15
Q

Explain the origins of suspicions and fears about radiation.

A

Lasting through the mid-1970s, the AEC and the Manhattan Project carried out human radiation experiments. The government covered up most of these radiation mishaps until 1993, when President Bill Clinton ordered a change of policy. Nuclear radiation was known to be dangerous and deadly (from the atomic bombings of Hiroshima and Nagasaki in 1945), and the experiments were designed to ascertain the detailed effect of radiation on human health. In Nashville, pregnant women were given radioactive mixtures. In Cincinnati, some 200 patients were irradiated over a period of 15 years. In Chicago, 102 people received injections of strontium and cesium solutions. In Massachusetts, 74 schoolboys were fed oatmeal that contained radioactive substances. In all these cases, the subjects did not know what was going on and did not give informed consent. With the exposure of these experiments in 1993, under the administration of President Bill Clinton, an investigation was undertaken by the Advisory Committee on Human Radiation Experiments, and it uncovered much of the material included in The Plutonium Files.

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16
Q

What was “Ivy Mike?”

A

The first test firing of an experimental H-bomb (“Ivy Mike”) was carried out in the Central Pacific on November 1, 1952, under President Truman.

17
Q

What was the purpose of the Atomic Energy Act of 1954?

A

Eight years after the first AEA, Congress replaced that law with the Atomic Energy Act of 1954, which for the first time made the development of commercial nuclear power possible, and resolved a number of other outstanding problems in implementing the first Atomic Energy Act. The act assigned the AEC the functions of both encouraging the use of nuclear power and regulating its safety. The AEC’s regulatory programs sought to ensure public health and safety from the hazards of nuclear power without imposing excessive requirements that would inhibit the growth of the industry. This was a difficult goal to achieve, especially in a new industry, and within a short time the AEC’s programs stirred considerable controversy. Stephanie Cooke wrote that “the AEC had become an oligarchy controlling all facets of the military and civilian sides of nuclear energy, promoting them and at the same time attempting to regulate them, and it had fallen down on the regulatory side … a growing legion of critics saw too many inbuilt conflicts of interest.”

18
Q

What was “Green Run?”

A

The AEC had a history of involvement in experiments involving radioactive iodine. In a 1949 operation called the “Green Run,” the AEC released iodine-131 and xenon-133 to the atmosphere which contaminated a 500,000-acre (2,000 km2) area containing three small towns near the Hanford site in Washington. In 1953, the AEC ran several studies on the health effects of radioactive iodine in newborns and pregnant women at the University of Iowa. Also in 1953, the AEC sponsored a study to discover if radioactive iodine affected premature babies differently from full-term babies. In the experiment, researchers from Harper Hospital in Detroit orally administered iodine-131 to 65 premature and full-term infants who weighed from 2.1 to 5.5 pounds (0.95 to 2.49 kg). In another AEC study, researchers at the University of Nebraska College of Medicine fed iodine-131 to 28 healthy infants through a gastric tube to test the concentration of iodine in the infants’ thyroid glands. (Unconfirmed info from Wikipedia)

19
Q

Where can you learn more about the AEC and its findings?

A

The AEC issued a large number of technical reports through their technical information service and other channels. These had many numbering schemes, often associated with the lab from which the report was issued. AEC report numbers included AEC-AECU (unclassified), AEC-AECD (declassified), AEC-BNL (Brookhaven National Lab), AEC-HASL (Health and Safety Laboratory), AEC-HW (Hanford Works), AEC-IDO (Idaho Operations Office), AEC-LA (Los Alamos), AEC-MDCC (Manhattan District), AEC-TID, and others. Today, these reports can be found in library collections that received government documents, through the National Technical Information Service (NTIS), and through public domain digitization projects such as HathiTrust.

20
Q

What is the Price Anderson Act?

A

The Price-Anderson Nuclear Industries Indemnity Act (commonly called the Price-Anderson Act) is a US federal law, first passed in 1957 and since renewed several times, which governs liability-related issues for all non-military nuclear facilities constructed in the United States before 2026. The main purpose of the Act is to partially compensate the nuclear industry against liability claims arising from nuclear incidents while still ensuring compensation coverage for the general public.

The Act establishes a no fault insurance-type system in which the first approximately $12.6 billion (as of 2011) is industry-funded as described in the Act. Any claims above the $12.6 billion would be covered by a Congressional mandate to retroactively increase nuclear utility liability or would be covered by the federal government. At the time of the Act’s passing, it was considered necessary as an incentive for the private production of nuclear power — this was because electric utilities viewed the available liability coverage (only $60 million) as inadequate. The Act was last renewed in 2005 for a 20-year period.

21
Q

What was decided by Duke Power Co. v. Carolina Environmental Study Group?

A

In 1978, the Price Anderson Act survived a constitutional challenge in the Supreme Court case Duke Power Co. v. Carolina Environmental Study Group.

22
Q

Are other industries held to the same standard as nuclear power with respect to insurance requirements?

A

The hydroelectric industry is not generally held financially liable for catastrophic incidents such as dam failure or resultant flooding. For example, dam operators were not held liable for the 1977 failure of the Teton Dam in Idaho that caused approximately $500 million in property damage.

23
Q

How does Price Anderson work? What’s the maximum coverage and how much has actually been paid out?

A

Power reactor licensees are required by the act to obtain the maximum amount of insurance against nuclear related incidents which is available in the insurance market (as of 2017, $450 million per reactor). Any monetary claims that fall within this maximum amount are paid by the insurer(s). The Price-Anderson fund, which is financed by the reactor companies themselves, is then used to make up the difference. As of September, 2013, each reactor company is obliged to contribute up to $121,255,000 per reactor in the event of an accident with claims that exceed the $450 million insurance limit. As of 2013, the maximum amount of the fund is approximately $12.61 billion ($121,255,000 X 104 reactors). This fund is not paid into unless an accident occurs. However, fund administrators are required to have contingency plans in place to raise funds using loans to the fund, so that claimants may be paid as soon as possible. Actual payments by companies in the event of an accident are capped at $18,963,000 per year until either a claim has been met, or their maximum individual liability (the $121,255,000 maximum) has been reached. This results in a maximum combined primary+secondary coverage amount of up to $13.06 billion for a hypothetical single-reactor incident.

Since Price-Anderson was enacted, nuclear insurance pools have paid out about $151 million ($70 million of which was related to the 1979 Three Mile Island accident) in claims, while the Department of Energy has paid out $65 million.

24
Q

What is the government’s responsibility under Price Anderson?

A

If a coverable incident occurs, the Nuclear Regulatory Commission (NRC) is required to submit a report on the cost of it to the courts and to Congress. If claims are likely to exceed the maximum Price-Anderson fund value ($13.06 billion), then the President is required to submit proposals to Congress. These proposals must detail the costs of the accident, recommend how funds should be raised, and detail plans for full and prompt compensation to those affected. Under the Act, the administrators of the fund have the right to further charge plants if it is needed. If Congress fails to provide for compensation, claims can be made under the Tucker Act (in which the government waives its sovereign immunity) for failure by the federal government to carry out its duty to compensate claimants.

Price-Anderson also covers Department of Energy (DOE) facilities, private licensees, and their subcontractors including the USEC uranium enrichment plants, national laboratories and the Yucca Mountain nuclear waste repository. Any payments from the fund for accidents arising at DOE facilities come from the US treasury. The fund size for such installations is set by legislation (also at $12.6 billion), rather than being based upon the number of plants contributing to the fund.

25
Q

When does Price Anderson expire now?

A

In 2005, the Price Anderson Act was extended again through 2025 via the Energy Policy Act of 2005. The Energy Policy Act of 2005 (Pub.L. 109–58) is a bill passed by the United States Congress on July 29, 2005, and signed into law by President George W. Bush on August 8, 2005, at Sandia National Laboratories in Albuquerque, New Mexico. The act, described by proponents as an attempt to combat growing energy problems, changed US energy policy by providing tax incentives and loan guarantees for energy production of various types. There were a number of provisions supporting nuclear energy but it largely opened up benefits for fossil fuel and indemnity for gas frackers and included the Halliburton Loophold, exempting frackers from environmental regulations.

26
Q

What is Proliferation Risk?

A

It is the risk that terrorist groups or rogue countries could acquire access to nuclear weapons or make dirty bombs using nuclear materials that contain dangerously radioactive materials.

27
Q

What is a nuclear power system?

A

Nuclear Power System refers to the panoply of nuclear reactors and fuel cycle facilities deployed and the institutional arrangements in place to manage them, including the extent and depth of international control over elements of the fuel cycle.

28
Q

Describe Canada’s “Greenhouse Gas Pollution Pricing Act.”

A

Legislation passed in June 2018 requiring that all provinces and territories have a carbon pricing policy of at least $20 tonne by January 1, 2019, rising $10 per tonne each year until 2022. The backstop policy allows flexibility for provinces to have carbon taxes or an equally stringent cap and trade system. In jurisdictions that do not have carbon pricing policies, the Federal Backstop Carbon Pricing Policy will kick in on April 1. 2019.

29
Q

What is S. 903?

A

It is NELA, the Nuclear Energy Leadership Act of 2019 (replaces S. 3422 from the 115th), the third piece of legislation in support of AN. It “marries two critical paths — the customer side and the fuel side — to actually make AN a more viable potential industry to attract investment.”

30
Q

Who sponsored S. 903 (NELA)?

A

The bill has nine Republicans and six Democrats, led by Sens. Lisa Murkowski (R-Alaska) and Cory Booker (D-N.J.), for a total of 15 sponsors.

31
Q

What does NELA require on the “Buy” side?

A

The legislation would in part extend the federal power purchase agreement length from 10 to 40 years to allow nuclear plants, which have a longer lifespan than other energy sources, to participate.

32
Q

What will NELA help with on the “Sell” side?

A

The legislation would require the Energy Department to make higher enrichments of uranium, or high-assay low-enriched uranium fuel available for a period to advanced nuclear developers by as early as the end of 2022 and to consider options for providing the fuel from its own uranium stockpiles.

33
Q

What is LNT?

A

LNT is a theoretical basis for assessing risk using a method called the ‘linear, no-threshold model’. The basis of this model assumes that the number of deaths is directly and linearly proportional to the dosage of radiation; additionally it assumes there is no lower limit or “safe” level of exposure, meaning individuals are at risk even at very low doses.