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«Managing Regulatory Body Competence IAEA SAFETY STANDARDS AND RELATED PUBLICATIONS IAEA SAFETY STANDARDS Under the terms of Article III of its ...»

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(v) Demonstrated ability in differentiating between minor and major violations;

(vi) Demonstrated ability in evaluating corrective measures proposed by the licensee and determining whether these will rectify identified items of non-compliance;

(vii) Demonstrated ability to secure corrective action by discussion and persuasion.

(d) Quadrant 4: Personal and behavioural competences:

(i) Demonstrated ability to work with the local law enforcement units;

(ii) Demonstrated ability to consider the linkages among all parts of a problem and to evaluate the impacts of possible solutions;

(iii) Demonstrated ability to understand organizational norms and expectations;

(iv) Demonstrated ability to document important information and to keep accurate records;

(v) Demonstrated ability to adapt behaviour to cope with very stressful situations and to sustain mental effort to achieve objectives;

(vi) Demonstrated ability to communicate with authority and to maintain composure when challenged, producing explanations calmly and reasonably to achieve results;

(vii) Demonstrated ability to explain clearly and to articulate the regulatory body’s position in a manner that instils commitment;

(viii) Demonstrated ability to respond appropriately to on-the-spot questions, using own knowledge where prepared answers are not available.

V.3.5. Development of regulations and guides

It is expected that the States embarking on nuclear power programmes develop or adopt the necessary regulations and guides well in advance of the bidding process. Accordingly, the regulatory bodies need to prioritize their plan for the establishment of regulations and guides, starting with the regulations describing the licensing process, followed by regulations for site evaluation, design and management system. These regulations may be established during Phase 2. The regulations on construction, commissioning and operation may be established later in Phase 3.

If a State decides to develop its regulations and guides, it may take advantage of existing IAEA safety standards. It is understandable that, during initial phases of developing regulations, the regulatory bodies of embarking States may not have adequate competence for the development of regulations and guides and, therefore, are likely to obtain support from some outside organizations and consultants with the expertise of the State’s legal system. It is beneficial that the regulatory bodies may interact closely with the IAEA in developing their regulations, such as organizing reviews through IAEA support.

V.3.5.1. Actions in SSG-16 [6]

–  –  –

(a) The regulatory body should start to issue regulations and guides for the various steps of the licensing process (Action 30).

(b) The regulatory body should specify the safety requirements that should be known for the bidding process (Action 31).

(c) The regulatory body should establish or approve, as appropriate, the limits and constraints regarding workers and the public both for normal and potential exposure situations in an NPP (Action 109).

(d) The regulatory body should establish the necessary regulatory requirements on radioactive waste management, spent fuel management and decommissioning, as necessary for bid specifications (Action 126).

(e) The regulatory body should develop basic regulations on emergency preparedness and response, as necessary for the development of infrastructure (Action 138).

(f) The regulatory body should establish specific safety requirements for site evaluation, including requirements for the process for authorizing the site selected, in compliance with the relevant IAEA safety standards (Action 161).

(g) The regulatory body should prepare and enact national safety regulations on design that are necessary for bid specification (Action 174).

(h) All the relevant organizations should coordinate safety and security aspects from the early stages of development, establishing maximum synergy and, where necessary, integration (Action 194).

–  –  –

(a) Regulatory body should ensure that a full and comprehensive set of regulations and guides is in place for regulating construction, commissioning and operational activities at the appropriate time (Action 36).

V.3.5.2. Related competences Development of regulations and guides requires careful planning and prioritizing to ensure that regulations and guides are made available in time. The process provides for involvement of other organizations and interested parties in the development, which in some cases are also binding within the State’s legal system. In any case, the involvement of other organizations and interested parties ensures transparency and openness in the regulatory processes, which is necessary for interested parties’ confidence. The development of regulations may require support from outside organizations and consultants under the management system of the regulatory body.

Examples of KSAs could be:

(a) Quadrant 1: Competences related to the legal, regulatory and organizational


(i) Comprehension of the central government’s nuclear laws and decrees as well as other laws and decrees that apply to a licensed nuclear facility;

(ii) Appreciation and comprehension of the applicability to the nuclear industry of the laws and decrees of the local jurisdictions and authorities;

(iii) Comprehension and demonstrated use of the regulatory body’s regulations within limits regarding interpretations offered by legal counsels and recorded experience;

(iv) Appreciation and comprehension of the interrelationship between legal documents, regulatory guidance documents and licensing documents;

(v) Appreciation of the mandate, mission and objectives of the organization;

(vi) Appreciation of adhering to the principles of good regulations, which means that the regulatory body carries out its activities in an independent, open, efficient, clear, reliable and fair manner.

(b) Quadrant 2: Technical disciplines competences:

(i) Deep comprehension of a scientific field or specialized area (e.g.

reactor technology, engineering techniques or technical issues, nuclear safety, industrial codes and standards) that provides sufficiently expert knowledge to address and to resolve regulatory body technical issues;

(ii) Demonstrated ability to apply the knowledge of a scientific field or specialized area with sufficient expertise;

(iii) Comprehension and demonstrated ability in applying radiation protection principles at nuclear facilities;

(iv) Appreciation and comprehension of the requirements and implications of international and national safety and industrial standards.

(c) Quadrant 3: Competences related to a regulatory body’s practices:

(i) Appreciation and demonstrated comprehension of the rights of all interested parties affected directly or indirectly by the provisions of the legal basis of the regulatory body;

(ii) Demonstrated ability to interpret legal texts for application in the field;

(iii) Demonstrated ability to relate legal requirements to routine tasks;

(iv) Appreciation and comprehension of the requirements and implications of international and national safety and industrial standards;

(v) Awareness of the safety requirements applied in other States;

(vi) Demonstrated ability to define technical safety requirements for siting, design, construction, commissioning, operation, decommissioning and waste management of nuclear facilities or devices;

(vii) Demonstrated ability to identify gaps and to confirm needs for the production of regulations and regulatory guidance documents;

(viii) Demonstrated proficiency in writing regulatory requirements in mandatory rules and regulations as well as in regulatory guidance documents;

(ix) Demonstrated ability to transfer legal requirements into forms which can easily be understood and practical guidance texts;

(x) Demonstrated ability to produce regulations and regulatory guidance documents in accordance with established formats and formal textual styles;

(xi) Demonstrated ability to ensure consistency in terminology and format and to identify needs for — and justify — new, or modifications to existing, regulatory documents.

(d) Quadrant 4: Personal and behavioural competences:

(i) Demonstrated ability to gather information and also to rely on professional judgement and experience to arrive at sound


(ii) Demonstrated ability to make trade-offs based on a full and realistic assessment of the situation;

(iii) Demonstrated ability to analyse the risk and benefits of the best alternatives;

(iv) Demonstrated ability to choose the alternatives;

(v) Demonstrated ability to record, store and retrieve information using electronic means;

(vi) Demonstrated ability to set priorities and to organize work to meet established time frames in accordance with regulatory body’s requirement;

(vii) Demonstrated ability to adapt schedule and to adjust priorities as changes occur;

(viii) Demonstrated ability to deliver quality work that is timely, complete and accurate;

(ix) Demonstrated ability to accept constructive criticism;

(x) Demonstrated ability to make realistic agreements with parties regarding expectations and solutions;

(xi) Demonstrated ability to interpret contradictory or competing messages;

(xii) Demonstrated ability to always explain the logic behind why things need to be done a certain way; and where no logic prevails, to investigate further to find rationale.

V.3.6. Emergency preparedness and response

The regulatory body deals with safety related matters in nuclear business.

It has distinct regulatory role during routine time and in time of crises (i.e. during a nuclear or radiological emergency). Generally, it performs its own independent assessment during a nuclear or radiological emergency situation. Based on independent assessment, it provides proposals, suggestions and recommendations to the government and general public to cope with the emergency situation.

The regulatory body is also supposed to provide a true picture of the incident to the general public, government and international community. Furthermore, it may also provide training to the emergency response teams (i.e. responders) in specific areas such as radiation protection and radiation monitoring, among other things. Therefore, the regulatory body needs to have clearly defined roles and responsibilities and to interface with relevant government departments to perform its function related to emergency preparedness and response.

V.3.6.1. Actions in SSG-16 [6]

–  –  –

(a) The regulatory body should develop basic regulations on emergency preparedness and response as necessary for the development of infrastructure (Action 138).

–  –  –

(a) The regulatory body should establish detailed regulations on emergency preparedness and response (Action 140).

(b) The government and the regulatory body should develop and implement emergency preparedness programmes at the local, national and international levels (Action 142).

(c) The government and the regulatory body should establish arrangements for coordination between the emergency response plan of the NPP and the plans of the relevant national institutions that would be involved in emergency response (Action 143).

(d) The regulatory body should review and assess the emergency programme and the emergency plans and procedures for NPPs, and should verify compliance with the regulatory requirements (Action 144).

(e) The government, the regulatory body and the operating organization should demonstrate emergency response capabilities by conducting appropriate exercises that include local authorities and local communities (Action 145).

V.3.6.2. Related competences

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