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Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings (2008)

Chapter: 6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev

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Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
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Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 42
Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 43
Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 44
Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 45
Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 46
Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 47
Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 48
Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 49
Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 50
Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 51
Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 52
Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 53
Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 54
Suggested Citation:"6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel--Valery S. Bezzubtsev." National Research Council. 2008. Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings. Washington, DC: The National Academies Press. doi: 10.17226/12191.
×
Page 55

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6 Current Russian Legislation Regulating Procedures and Conditions for the Import of Foreign Spent Nuclear Fuel* Valery S. Bezzubtsev Federal Service for Environmental, Technological, and Nuclear Oversight (Rostekhnadzor) BRIEF HISTORICAL BACKGROUND Prior to the passage of the current legislation, spent fuel from nuclear facili- ties built abroad with technical assistance from the former Soviet Union (Russian Federation) was imported for temporary technical storage and/or reprocessing on the basis of commitments undertaken in relevant intergovernmental agreements. In particular, these included agreements with the governments of Bulgaria (Oc- tober 1, 1981, and March 27, 1984), Czechoslovakia (April 30, 1970; November 15, 1976; November 27, 1980; and December 8, 1982), Hungary (August 14, 1986), and Finland (May 14, 1969). The volume of spent nuclear fuel from the 24 VVER-440 and VVER-1000 reactors at nuclear power plants built with technical assistance from the former Soviet Union totaled more than 350 metric tons annually. In accordance with the intergovernmental agreements, the spent nuclear fuel was returned to the Soviet Union after being kept in storage facilities at the nuclear power plants (for at least five years). Prior to 1989, Soviet organizations accepted spent nuclear fuel from foreign power plants through the Atomenergoeksport All-Union Association of the USSR Ministry of Foreign Economic Ties. As of January 1, 1989, responsibility for handling the receipt of spent nuclear fuel in the Soviet Union was assigned to the Tekhsnabeksport All-Union Association of the USSR Ministry of the Atomic Energy Industry. *Translated from the Russian by Kelly Robbins. 41

42 SPENT NUCLEAR FUEL STORAGE FACILITIES Order No. 2302-rs of the USSR Council of Ministers dated October 24, 1978, which governed basic conditions for the import of spent nuclear fuel into the Soviet Union, specifically established that spent fuel from nuclear power plants built abroad according to Soviet designs was to be accepted without compensation. The condition of acceptance without compensation was adopted in previ- ously signed contracts based on the nature of the nuclear fuel cycle at that time. It was believed that the reprocessing of spent nuclear fuel was an economically efficient process that would allow useful isotopes to be extracted (particularly uranium and plutonium) for subsequent use in the fuel cycle. Based on this as- sessment, the countries that possessed spent fuel hoped to sell it. Such offers for Soviet organizations to purchase spent fuel came from the former German Democratic Republic (the Bruno Leuschner nuclear power plant), Finland (the Loviisa nuclear power plant), and others. For these reasons, during the period up to 1980 the acceptance of spent fuel without compensation was a more favorable contract condition for the Soviet organizations involved. Following issuance of the above-mentioned order of the USSR Council of Ministers, contracts signed by Atomenergoeksport included the condition that spent fuel was to be accepted by the USSR without compensation and stipulated only that foreign customers should pay for the costs of renting the special means of shipment provided as well as the services of consultants and Soviet specialists involved in transporting the material. Order No. 641-rs of the USSR Council of Ministers dated April 1, 1988, made a partial change in Order No. 2302-rs dated October 24, 1978, by requiring that services provided in connection with the receipt of spent fuel by the USSR be conducted on a commercial basis. However, in connection with the Russian Federation Congress of People’s Deputies Resolution on Developing the State Program for Managing, Reprocessing, and Storing Radioactive Wastes and Spent Nuclear Materials and Urgent Measures to Improve the Radioecological Situation in the Russian Federation (dated June 22, 1990), the Russian Federation Council of Ministers was assigned the task of preparing recommendations on prohibiting storage in the Russian Federation of the end products of the activities of atomic facilities from other republics and countries as of January 1, 1991. On April 21, 1993, Russian Federation Presidential Decree No. 472 on Ful- fillment by the Russian Federation of Intergovernmental Agreements on Coop- eration in Constructing Nuclear Power Plants Abroad (with amendments of April 20, 1995, and April 6, 2000) instructed the Russian Ministry of Atomic Energy along with interested Russian ministries and departments to ensure compliance with obligations contained in intergovernmental agreements made by the USSR up to 1991 on cooperation in the construction of nuclear power plants abroad that specifically called for the shipment of nuclear fuel from Russia and the return of spent fuel from these plants to Russia for reprocessing. The decree stipulated the following:

RUSSIAN LEGISLATION—­PROCEDURES AND CONDITIONS 43 • development of procedures for Russian enterprises to accept and subse- quently reprocess spent nuclear fuel from foreign nuclear power plants, • provision of hard-currency proceeds for conducting environmental im- provement and socioeconomic development programs in regions where atomic industry facilities are located, and • insistence that all relevant contracts with foreign customers include the provision that any rejected radioactive wastes created during reprocessing are to be returned to the country that sent the spent nuclear fuel to Russia. On April 20, 1995, Russian Federation Presidential Decree No. 380 on Addi- tional Measures to Strengthen Control Over Fulfillment of Environmental Safety Requirements in the Reprocessing of Spent Nuclear Fuel (with amendments of March 1, 1996) gave the government of the Russian Federation three months to develop and ratify procedures for the acceptance of spent nuclear fuel from for- eign nuclear power plants for temporary storage and subsequent reprocessing at Russian enterprises and for the return of radioactive wastes and materials created during reprocessing. The procedures for acceptance of spent nuclear fuel from foreign nuclear power plants for temporary storage and subsequent reprocessing at Russian enterprises and for return of radioactive wastes and materials created during reprocessing were approved by Russian Federation Government Resolution No. 773 dated July 29, 1995, and went into effect as of September 1, 1995 (with amendments of July 10, 1998). These procedures cover spent fuel accepted for reprocessing by the Mining- Chemical Complex in Zheleznogorsk, Krasnoyarsk Territory, from nuclear power plants constructed abroad before 1991 with technical assistance from the Soviet Union, those newly built abroad as part of Russian Federation projects, and those built by other countries. The procedures include the following points: • import of spent nuclear fuel from foreign nuclear power plants for sub- sequent reprocessing at Russian enterprises with the aim of extracting valuable components (plutonium and uranium) for further use and solidifying radioactive fission products, • acceptance of spent nuclear fuel on the condition that any radioactive wastes created and any reprocessing products not intended for further use in the Russian Federation are to be returned to the country of origin, and • return of uranium and plutonium to any state that does not possess nuclear weapons only on the condition that all nuclear activities of this state shall be guaranteed by the International Atomic Energy Agency (IAEA). The procedures also stipulate the possibility of accepting spent fuel from

44 SPENT NUCLEAR FUEL STORAGE FACILITIES foreign nuclear power plants built by other countries in accordance with inter- governmental agreements. The specific quantity of spent fuel subject to acceptance for reprocessing is determined by the Russian Ministry of Atomic Energy depending on annual orders from organizations and firms operating nuclear power plants abroad, the conditions of permits from the State Inspectorate for Nuclear and Radiation Safety for the relevant types of activities, and the production capacity of radioac- tive waste processing enterprises, given the environmental situation in the region where they are located. These decisions are coordinated with federal and regional environmental protection agencies, executive branch agencies in Russian Federa- tion members, and local government agencies. Total radionuclide content (activity) in the solidified radioactive wastes re- turned to the country that supplied the spent nuclear fuel is determined on the basis of mutually agreed upon methodology, considering the time that the fuel was received and the time the solidified wastes have been held in storage. The time that the solidified radioactive wastes are held is specifically estab- lished in each contract but does not exceed 20 years, depending on the need to reduce radiation and heat exchange to levels that will ensure the safe transport of solidified wastes to the country that supplied the spent nuclear fuel. CURRENT RUSSIAN FEDERATION LEGISLATION Legislative acts and regulatory-legal acts of the president and government of the Russian Federation have now been established to define the legal bases for the import of foreign spent nuclear fuel into the Russian Federation. Procedures and conditions for the import of foreign spent fuel are governed by the following regulatory-legal documents: International Conventions • The Vienna Convention on Civil Liability for Nuclear Damage, dated May 21, 1963 (ratified by the Russian Federation on March 21, 2005) • Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (submitted to the State Duma for ratification) Federal Laws of the Russian Federation • Federal Law on the Use of Atomic Energy (No. 170-FZ, dated Novem- ber 21, 1995) • Federal Law on Environmental Expert Review (No. 174-FZ, dated No- vember 23, 1995)

RUSSIAN LEGISLATION—­PROCEDURES AND CONDITIONS 45 • Federal Law on Radiation Safety for the Population (No. 3-FZ, dated January 9, 1996) • Federal Law on Environmental Protection (No. 7-FZ, dated January 10, 2002) • Federal Law on Special Environmental Programs for Rehabilitating Areas Contaminated by Radiation (No. 92-FZ, dated July 10, 2001) Decree of the President of the Russian Federation • Russian Presidential Decree No. 828 on Affirming the Statute on the Special Commission for Issues Related to the Import into the Russian Federation of Foreign Irradiated Fuel Rods and their Components (dated June 10, 2001) Resolutions of the Government of the Russian Federation • Statute on the Import into the Russian Federation of Irradiated Nuclear Reactor Fuel Rods, affirmed by Resolution No. 418 of the Government of the Russian Federation dated July 11, 2003 • Statute on the Development of Special Environmental Programs for Rehabilitating Areas Contaminated by Radiation, affirmed by Resolution No. 421 of the Government of the Russian Federation dated June 14, 2002 • Statute on the Financing of Special Environmental Programs for Reha- bilitating Areas Contaminated by Radiation, affirmed by Resolution No. 588 of the Government of the Russian Federation dated September 22, 2003 • Rules for Confirming Expenditures for the Management of Irradiated Fuel Rods from Nuclear Reactors and the Products of Their Reprocessing, af- firmed by Resolution No. 587 of the Government of the Russian Federation dated September 22, 2003 Federal Norms and Rules on the Use of Atomic Energy • Dry Storage Sites for Spent Nuclear Fuel: Safety Requirements (NP-035-02) • Safety Rules for the Shipment of Radioactive Materials (NP-053-04) • Radiation Safety Norms (NRB-99): Hygiene Regulations (SP 2.6.1.758-99) • Basic Sanitary Rules for Radiation Safety (OSPORB-99: SP 2.6.1.799-99) • General Provisions for the Safety of Nuclear Fuel Cycle Facilities (NP-016-2000) • Basic Rules for Accounting and Control of Nuclear Materials (NP-030-01)

46 SPENT NUCLEAR FUEL STORAGE FACILITIES BASIC PROVISIONS OF CURRENT LEGISLATION Federal Law on the Use of Atomic Energy In accordance with Article 64 of the Federal Law on the Use of Atomic Energy, The import into Russia of spent nuclear fuel from foreign states for temporary technical storage and (or) reprocessing is carried out according to procedures established by Russian legislation and international treaties of the Russian Federation. The import into Russia of irradiated nuclear fuel rods produced in foreign states (irradiated fuel rods of foreign manufacture) is carried out on the basis of a positive recommendation by a special commission created by the president of the Russian Federation. Members of this commission include its chair and 20 commission members (five representatives each from the president, the Federa- tion Council of the Federal Assembly, the State Duma of the Federal Assembly, and the government of the Russian Federation). Procedures for the submission of recommendations of candidates to represent the Federation Council and the State Duma are determined by each corresponding house of the Russian Federal Assembly. The special commission presents the president and the houses of the Russian Federal Assembly with annual reports on the status of affairs with regard to the import into Russia of irradiated fuel rods of foreign manufacture. The statute on the special commission is affirmed by decree of the president of the Russian Federation. Federal Law on Environmental Protection In accordance with Article 48 (Point 4) of the Federal Law on Environmental Protection, The import into Russia of spent nuclear reactor fuel rods from foreign states for temporary technical storage and (or) reprocessing is permitted if a state environ- mental impact review and other state expert reviews of the project as required by Russian legislation have been conducted and if there is proof that the overall risk of radiation impacts will be reduced and the level of environmental safety increased if the given project is implemented. The import of irradiated nuclear reactor fuel rods into Russia is carried out on the basis of international treaties of the Russian Federation. The same Article 48 (Point 4, Paragraph 3) emphasizes that procedures for the import into Russia of irradiated nuclear reactor fuel rods are established by the government of the Russian Federation based on the fundamental principles of nonproliferation of nuclear weapons, environmental protection, and the economic

RUSSIAN LEGISLATION—­PROCEDURES AND CONDITIONS 47 interests of Russia, taking into account the priority of the right to return radioac- tive wastes created as a result of reprocessing to the state from which the nuclear materials came or to facilitate their return. Federal Law on Special Environmental Programs for Rehabilitating Areas Contaminated by Radiation The Federal Law on Special Environmental Programs for Rehabilitating Ar- eas Contaminated by Radiation sets forth the main features of state regulation of relations regarding the development and implementation of special environmental programs for rehabilitating radiation-contaminated areas. Special environmental programs are focused on ensuring the safety of the population, reducing the overall risk of radiation impacts, and improving the environmental situation in radiation-contaminated areas by means of carrying out measures to rehabilitate such areas and decommissioning and eliminating radiation hazard facilities removed from operation. Special environmental programs are financed using hard-currency proceeds received from foreign trade operations involving irradiated nuclear reactor fuel rods and placed into a special account in the targeted budget fund of the federal executive branch agency responsible for state management of the use of atomic energy. The government of the Russian Federation approves the list of foreign trade operations involving irradiated nuclear reactor fuel rods and the hard currency funds received from these operations and used to finance special environmental programs. Procedures and priorities for funding special environmental programs are established by the government of the Russian Federation in coordination with government entities in the various federation members. Top priority is accorded to special environmental programs in those federation subjects that are the sites of organizations conducting activities related to the reprocessing of irradiated fuel rods from foreign states. A state environmental impact review is required for a unified project involving a foreign trade deal associated with the import into Russia of irradiated nuclear reactor fuel rods from foreign states and the implementation of a special environmental program or programs to be financed by funds received from this trade deal. Foreign trade deals involving irradiated nuclear reactor fuel rods are concluded by organizations specially authorized by the government of the Russian Federation only if the state environmental impact review results in a favorable recommendation. The limit on the number of irradiated nuclear reactor fuel rods imported into the Russian Federation each year is set by the government of the Russian Federa- tion in cooperation with government entities in the various federation members that are the sites of organizations conducting activities related to the reprocessing of irradiated fuel rods from foreign states and their temporary technical storage,

48 SPENT NUCLEAR FUEL STORAGE FACILITIES depending on the capabilities of these organizations over the entire period of storage and reprocessing of the rods, the status of the environment in their area, and principles of radiation equivalency. In accordance with the federal law on the federal budget for the relevant year, 25 percent of hard currency proceeds received in the special account of the targeted budget fund of the federal executive branch agency responsible for state management of the use of atomic energy from foreign trade operations involving irradiated nuclear reactor fuel rods is transferred to the budgets of government entities in the various Russian Federation members that are the sites of organiza- tions conducting activities related to the reprocessing of irradiated fuel rods from foreign states and their temporary technical storage. These transferred funds are to cover expenditures approved under procedures established by the Russian Federation government for managing irradiated nuclear reactor fuel rods and the products of their reprocessing. Statute on the Import into the Russian Federation of Irradiated Nuclear Reactor Fuel Rods Ratified by Russian government Resolution No. 418 on July 11, 2003, the Statute on the Import into the Russian Federation of Irradiated Nuclear Reactor Fuel Rods is an important document in the development and implementation of the federal laws mentioned above. This statute establishes procedures for the import into Russia of irradiated nuclear reactor fuel rods as well as the return of these fuel rods or the products of their reprocessing (including radioactive wastes) to the state that supplied them, based on the principles defined in Point 4 of Article 48 of the Federal Law on Environmental Protection. Certain concepts used in the statute include the following: • “Irradiated fuel rods of Russian manufacture”—fuel rods originating in the Russian Federation and irradiated in a nuclear reactor in a foreign state. • “Irradiated fuel rods of foreign manufacture”—fuel rods originating in a foreign state and irradiated in a nuclear reactor in a foreign state. • “Temporary technical storage”—temporary storage of irradiated fuel rods and products of their reprocessing in specially outfitted repositories for the purpose of increasing safety and reducing the costs of their subsequent management. • “Unified project”—documents prepared in connection with the proposed signing of a foreign trade contract to carry out operations involving irradiated fuel rods, with these documents being subject to a state environmental impact review and developed and agreed upon in accordance with established requirements. These documents include the following:

RUSSIAN LEGISLATION—­PROCEDURES AND CONDITIONS 49 1. Draft of foreign trade contract (indicating the amount of money ex- pected to be received as a result of its implementation and the costs of managing the irradiated fuel rods and products of their reprocessing, with all amounts to be approved according to established procedures). 2. Special environmental program (programs) to be carried out using the proceeds of foreign trade operations involving irradiated fuel rods. 3. Materials documenting the overall reduction of the risk of radiation impacts and increased level of environmental safety as a result of implementation of the unified project, as well as timelines for the temporary technical storage of the irradiated fuel rods and products of their reprocessing as stipulated in the foreign trade contract. 4. Other documents subject to state environmental impact review in ac- cordance with the demands of Russian Federation legislation, including the con- clusions of the Federal Service for Environmental, Technological, and Nuclear Oversight (Rostekhnadzor, formerly Gosatomnadzor) and the Federal Agency for Healthcare and Social Development of the Russian Ministry of Health. The statute establishes that foreign trade contracts for the import of spent fuel rods into the Russian Federation are concluded with the aim of facilitating • temporary technical storage of irradiated fuel rods, with subsequent mandatory return to the state that supplied them, and • temporary technical storage of irradiated fuel rods, with subsequent reprocessing. Irradiated fuel rods may be imported into the Russian Federation (Article 5 of the statute) provided there is a favorable ruling issued by the state environ- mental review panel on the unified project prepared by authorized organizations and coordinated with the Russian Ministry of Atomic Energy (Minatom; currently with the Federal Atomic Energy Agency, Rosatom) and if the authorized orga- nizations have the appropriate licenses from the Russian Ministry of Economic Development and Trade and the Russian Federal Inspectorate for Nuclear and Radiation Safety (Gosatomnadzor; currently Rostekhnadzor). Unified projects associated with foreign trade operations involving irradi- ated fuel rods of foreign manufacture that receive a positive ruling from the state environmental impact review are sent by Minatom (now Rosatom) to the special commission on the import of foreign-made irradiated fuel rods into Russia, which was established in accordance with Russian Presidential Decree No. 828 dated June 10, 2001. Responsibility for losses and damage suffered by legal entities and individu- als as a result of radiation impacts related to the import of irradiated fuel rods into Russia or the return of these fuel rods and the products of their reprocessing from Russia to their state of origin is determined in accordance with Russian legislation

50 SPENT NUCLEAR FUEL STORAGE FACILITIES and international treaties to which Russia is a party (the 1963 Vienna Convention on Civil Liability for Nuclear Damage). Responsibility for providing physical protection during the import of irradi- ated fuel rods into Russia and the return of these fuel rods and the products of their reprocessing to their state of origin is established by international treaties of the Russian Federation in accordance with the 1980 Convention on the Physical Protection of Nuclear Material. The statute also stipulates that irradiated fuel rods are imported into Russia subject to the limits established annually by the Russian government on the basis of Rosatom recommendations, which are coordinated with the Russian Ministry of Natural Resources and government entities in jurisdictions that are the sites of organizations involved in reprocessing imported irradiated fuel rods and main- taining them in temporary technical storage. Irradiated fuel rods are imported into the Russian Federation for temporary technical storage with subsequent mandatory return to the state of origin on the following conditions: 1. An international treaty signed by the Russian Federation must contain the commitments and guarantees of the sending state to accept the irradiated fuel rods back from the Russian Federation upon conclusion of their temporary technical storage. 2. The duration of the temporary technical storage of the irradiated fuel rods is based on the materials included in the unified project and defined in the appropriate signed foreign trade contract, and this duration must not exceed the technically permissible term set based on the particular characteristics and condi- tion of the irradiated fuel rods and the means and conditions of their storage. 3. The foreign trade contract for the import of the irradiated fuel rods for temporary technical storage with subsequent mandatory return must include provisions outlining the procedures for the interaction of the parties involved if the established duration for temporary storage is changed. The contract must also stipulate the appropriate guarantees on both sides. 4. If it becomes necessary to extend the term of temporary storage and (or) subsequent reprocessing of the irradiated fuel rods in the Russian Federation, services are rendered by the authorized organizations in accordance with the statute. Irradiated fuel rods are imported into the Russian Federation for temporary technical storage with subsequent reprocessing on the following conditions: 1. An international treaty signed by the Russian Federation must contain commitments on the reprocessing of the irradiated fuel rods upon conclusion of their temporary technical storage. 2. The duration of the temporary technical storage of the irradiated fuel

RUSSIAN LEGISLATION—­PROCEDURES AND CONDITIONS 51 rods and the products of their reprocessing is based on the materials included in the unified project and defined in the appropriate signed foreign trade contract, and this duration must not exceed the technically permissible term set, based on the particular characteristics and condition of the irradiated fuel rods and the products of their reprocessing and the means and conditions of their storage. 3. The foreign trade contract for the import of the irradiated fuel rods for temporary technical storage with subsequent reprocessing must include provi- sions outlining the procedures for interaction of the parties involved if the estab- lished duration for temporary storage of the irradiated fuel rods or the products of their reprocessing is changed. The contract must also stipulate the appropriate financial guarantees on both sides. 4. The foreign trade contract for the import of irradiated fuel rods of Russian manufacture may include conditions for them to remain in the Russian Federation unless otherwise specified in international treaties to which Russia is a party. 5. The foreign trade contract for the import of irradiated fuel rods of foreign manufacture must stipulate the conditions for subsequent return of the radioactive wastes to the state of origin unless otherwise specified in international treaties to which Russia is a party. Products of reprocessing are returned to the state of origin based on the fol- lowing conditions: 1. Products of reprocessing must be returned so as to observe international commitments of the Russian Federation regarding the nonproliferation of nuclear weapons. 2. The international treaty to which the Russian Federation is a party must contain provisions spelling out the obligations and guarantees of the supplier regarding the acceptance of the products of reprocessing and regarding provision of opportunities to verify that the supplier maintains the conditions necessary for accepting and safely managing these materials. 3. The foreign trade contract must indicate the nomenclature, composition, physical form, quantity, and type of packaging of the products of reprocessing subject to return. Irradiated fuel rods and the products of their reprocessing must be trans- ported within the Russian Federation in accordance with established federal norms and rules on the use of atomic energy, special transportation rules, and hazardous cargo shipping rules, with an eye to existing international norms for the safe transport of radioactive materials. Entry points along the Russian state border through which irradiated fuel rods and the products of their reprocessing may be transported are determined by Rosatom and the Russian State Customs Committee.

52 SPENT NUCLEAR FUEL STORAGE FACILITIES One important requirement in this statute is found in Point 14: “The technical characteristics of irradiated fuel rods intended for import into the Russian Fed- eration must meet the requirements of Russian regulatory documents on the safe management of irradiated fuel rods” (burn-up, time of storage in holding pool, specific energy generation, and so forth). Services may be rendered to the supplying state with regard to management of the products of reprocessing if this meets the principles of nonproliferation of nuclear weapons, which is specifically covered in the relevant international trea- ties to which the Russian Federation is a party. Irradiated fuel rods are returned to their state of origin upon the conclusion of their temporary technical storage in accordance with the commitments and guarantees made by that state. The quantity of products of reprocessing subject to return to the supplier state is determined according to methods agreed on by the parties based on the condition of equivalence of activity of the irradiated fuel rods previously imported for reprocessing and the activity of the reprocessing products being returned, given the natural decay of radionuclides during operations related to the temporary technical storage of irradiated fuel rods and the products of their reprocessing, as well as during reprocessing of the fuel rods. Rosatom, the Russian Ministry of Natural Resources, and Rostekhnadzor monitor the timely return of irradiated fuel rods and products of their repro- cessing to the state of origin with which the Russian Federation has signed an international treaty calling for Russia to import irradiated fuel rods for temporary technical storage and reprocessing on the condition that the products of this pro- cess are to be returned. Rostekhnadzor, the Federal Agency for Healthcare and Social Development, the Ministry of Civil Defense Affairs, Emergency Situations, and Elimination of the Consequences of Natural Disasters, and the Ministry of Natural Resources work in their areas of competence to provide state oversight of nuclear, radiation, and fire safety, as well as state monitoring of environmental safety at all stages in the management of irradiated fuel rods and the products of their reprocessing. Information on the import into Russia of foreign irradiated fuel rods and the return of these rods and reprocessing products to the state of origin is provided by Rosatom to the special commission on the import of irradiated fuel rods of foreign manufacture, and the commission uses this information to prepare an an- nual report on the state of affairs in this sector. DOCUMENTS ON ISSUES RELATED TO THE IMPORT OF SPENT FUEL AND THE DEVELOPMENT OF SPECIAL ENVIRONMENTAL PROGRAMS In addition to the federal laws and statutes discussed above, the Russian Federation has issued a number of documents regulating the internal activities

RUSSIAN LEGISLATION—­PROCEDURES AND CONDITIONS 53 of Russian organizations to ensure that the import of irradiated fuel rods does not lead to a worsening of the overall radiation and environmental situation. These documents include the Statute on the Special Commission on the Import into Russia of Irradiated Fuel Rods of Foreign Manufacture, which was developed in accordance with Article 64 of the Federal Law on the Use of Atomic Energy. The main tasks of the special commission include 1. issuing rulings on proposed imports of foreign irradiated fuel rods into Russia and preparing the appropriate recommendations to the government of the Russian Federation; 2. preparing recommendations to the president of the Russian Federation on matters related to imports, storage, and (or) reprocessing; and 3. collecting and analyzing materials on import matters. This commission, which was formed in accordance with Russian Presidential Decree No. 858 dated July 31, 2003, consists of leading Russian scientific, public, and political figures. Zhores I. Alferov, academician, Nobel laureate, and State Duma deputy, has been appointed to chair the commission. The following documents have been developed and put into force in order to implement the Federal Law on Special Environmental Programs for Rehabilitat- ing Areas Contaminated by Radiation: • Statute on the Development of Special Environmental Programs for Rehabilitating Areas Contaminated by Radiation (This statute defines procedures and timelines for the development of special environmental programs for rehabili- tating areas contaminated by radiation and financed with proceeds from foreign trade operations involving irradiated nuclear reactor fuel rods.) • Statute on the Financing of Special Environmental Programs for Reha- bilitating Areas Contaminated by Radiation (This statute defines procedures and priorities for the financing of special environmental programs that have under- gone state environmental impact review as part of unified projects that include foreign trade deals associated with the import into Russia of irradiated nuclear reactor fuel rods.) • Rules for Approving Expenditures for the Management of Irradiated Nuclear Reactor Fuel Rods and the Products of Their Reprocessing (These rules establish a list of eligible costs for managing irradiated fuel rods, as well as pro- cedures for determining and approving these expenses.) FEDERAL NORMS AND RULES ON THE USE OF ATOMIC ENERGY The Russian Federation has developed a number of regulatory documents to facilitate monitoring of the safety of spent fuel management at all stages in the fuel life cycle, including documents on the management of radioactive wastes

54 SPENT NUCLEAR FUEL STORAGE FACILITIES created during both the technical storage of spent fuel from nuclear reactors and the reprocessing of this fuel. These documents include the following: Dry Storage Sites for Spent Nuclear Fuel: Safety Requirements (NP-035-02) These requirements regulate matters of safety specific to dry storage sites for spent nuclear fuel as sources of possible radiation impacts on site personnel, the population, and the environment, and they establish requirements for ensur- ing the safety of these facilities. The document covers dry storage sites for spent nuclear fuel intended for the storage of such fuel from both power and research reactors and nuclear power units from ships and submarines. In these sites the heat given off by radioactive decay is dissipated by forced air circulation and (or) natural air convection. Safety Rules for the Shipment of Radioactive Materials (NP-053-04) The rules establish safety requirements for the shipment of radioactive ma- terials, including requirements regarding operations and conditions associated with the movement of radioactive materials. They also define the process, which includes preparation, loading, dispatch, and transport, including temporary (tran- sit) storage, as well as unloading and reception of the radioactive materials and their packaging at the destination point. The rules cover the shipment of radioactive materials by all types of transport via ground, air, or water and are in effect over the entire territory of the Russian Federation. In addition, the rules cover the shipment of radioactive materials, including the shipment of radioactive materials that are components of items, the operation of which is associated with the shipment. Basic Rules for Accounting and Control of Nuclear Materials (NP-030-01) These rules set forth the basic requirements for nuclear materials present in any chemical compounds and physical forms, as well as criteria for their account- ing and control. The rules cover activities associated with the production, use, reprocessing, and transport of nuclear materials. General Provisions for the Safety of Nuclear Fuel Cycle Facilities (NP-016-2000) This document regulates safety matters specific to nuclear fuel-cycle facili- ties as sources of possible impacts on personnel, the population, and the environ- ment. It establishes criteria, principles, and general requirements for nuclear and radiation safety at nuclear fuel-cycle facilities.

RUSSIAN LEGISLATION—­PROCEDURES AND CONDITIONS 55 CONCLUSION At present the Russian Federation has the necessary legislative and regu- latory base for the import (export), storage, and reprocessing of foreign spent nuclear fuel.

Next: 7 The Importance of Storage and Disposal in Multinational Approaches to the Fuel Cycle--Charles McCombie and Neil Chapman »
Setting the Stage for International Spent Nuclear Fuel Storage Facilities: International Workshop Proceedings Get This Book
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In May 2003, the Russian Academy of Sciences and the National Academies organized an international workshop in Moscow on the scientific issues relevant to the establishment and operation of an international spent nuclear fuel storage facility in Russia. Given the broad international interest in this topic, the academies organized a second international workshop on important issues that were not on the agenda or were not adequately discussed at the first workshop. These issues included international monitoring at the facility, transportation requirements, liability and insurance concerns, and status of Russian legislation and regulations that are important in locating and operating a facility. Relevant experience from Europe, the United States, and Asia was also considered in this 2005 workshop. This book contains the papers presented at the 2005 workshop sessions, as well as proceedings from the 2003 workshop. Together they provide an overview of the issues, and useful background for those organizations and individuals involved in further development of an international spent nuclear fuel storage facility in Russia.

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