NUCLEAR ENERGY REGULATORY POLICY IN MALAYSIA Nuclear Regulatory Infrastructure in Malaysia NUCLEAR ENERGY REGULATORY POLICY IN MALAYSIA Department of Atomic Energy Licensing Board Ministry of Science, Technology and Innovation (MOSTI) MALAYSIA Safe, Secure and Safeguarded

OUTLINE OF PRESENTATION Introduction of AELB Act and Regulations Function of AELB NPP Planning Current Licensing of Nuclear Material and Nuclear Installation Legislation Development Towards Supporting NPP Supervision of NPP: Inter-agency Involvement Treaties, Convention and Agreement Resources: Staffing Human Resource Development Program Infrastructure: Emergency Response Centre, and Monitoring Infrastructure Conclusion

ATOMIC ENERGY LICENSING BOARD Licensing Div Nuclear Installation. Div Policy, Codes & Standard Div National Radiological Centre Auditorium Enforcement Div & ICT Centre Source: Google Earth ATOMIC ENERGY LICENSING BOARD

Nuclear Safety Infrastructures-Malaysia’s Initiatives under ANSN AELB, ACT AND REGULATIONS Main Act Atomic Energy Licensing Board (AELB) Atomic Energy Licensing Act 1984 (Act 304) To provide for the regulation and control of atomic energy; For the establishment of standards on liability for nuclear damage; and For matters connected therewith or related thereto. Ministry of Science, Technology & Innovation (General Secretary) Minister of Science, Technology & Innovation Director General AELB Department Executive Secretary Nuclear Installation Division Policy, Code & Standard Division Technical Support Division Licensing Division Enforcement Division Administrative Services Division Standing Safety Committee Sub-standing Safety Committee The Board (5 Members) Regulatory Body: AELB was establish under Section 3 of the Act 304. Ensuring safety, security and safeguarding peaceful nuclear activities.

BOARD FUNCTIONS MISSION Encouraging innovation culture to ensure the safe and peaceful uses of radiation and nuclear technology VISION Remaining a relevant regulatory authority with credibility in radiation and nuclear safety, security and safeguarding its peaceful uses for national sustainable development BOARD FUNCTIONS TO CONTROL AND SUPERVISION APPLICATION AND USE OF ATOMIC ENERGY AND MATTERS INCIDENTAL THERETO (AKTA 304) TO DO SUCH OTHER THINGS ARISING OUT OF OR CONSEQUENTIAL TO THE FUNCTIONS OF THE BOARD UNDER THIS ACT TO ADVISE MINISTER AND GOVERNMENT OF MALAYSIA ON MATTERS RELATING TO THIS ACT TO ESTABLISH, MAINTAIN AND DEVELOP SCIENTIFIC AND TECHNICAL CO-OPERATION AT NATIONAL AND INTERNATIONAL LEVEL TO PERFORM AN OBLIGATIONS ARISING FROM AGREEMENTS, CONVENTION OR TREATIES RELATING TO NUCLEAR MATTERS OR ATOMIC ENERGY

HIERARCHY OF LEGAL SYSTEM Orders and Conditions of License Guidelines, Codes and Standards • Act: provides the basic law concerning the development and utilization of atomic energy and safety regulations. Act 304 Regulations • Regulations: provides more detailed provisions entrusted by the Act. • Provides additional requirement which not stated in the regulations or special matters related to provisions entrusted by the Act • Provides guides, codes and standards to comply with and achieve goal impose in regulations

NPP PLANNING Cabinet decision on 26 June 2009: Nuclear Energy is an option of energy source for electricity generation post 2020 Preparation of National Nuclear Regulatory Policy Strengthening Nuclear Regulatory Authority (AELB) Development of technical guidelines related to NPP activities Potential power operator engaged Triga Mark II Puspati - upgrading project to enhance technical capability NGOs engagement to support NPP 2 or 3 Universities engaging in Nuclear Engineering and Safety Courses Sitting planning in the process Reviewing the international conventions ensuring compliance to peaceful uses of nuclear energy

RADIATION PROTECTION (LICENSING) REGULATIONS 1986 LICENSE FOR NUCLEAR MATERIAL CLASS B - license to manufacture, trade in, produce, process, purchase, own, possess, use, transfer, handle, sell or store nuclear material Class B License Organization Technical Requirements Radiation Safety Registered company OBTL RPO Radiation Workers Approved Registered Medical Practitioner Nuclear material Storage facility Radiation detector Personal monitoring PPE Radiation Protection Program Safety Analysis Report (SAR) Ref: P.U. (A) 149

RADIATION PROTECTION (LICENSING) REGULATIONS 1986 LICENSE FOR NUCLEAR INSTALATION CLASS F - license to site, to construct or to operate a nuclear installation ●----------●-------------●--------------●---------------●----------------● siting construction commissioning operation shutdown decommissioning. Class F License Siting and construction Operation Temporary Full Ref: P.U. (A) 149

LEGISLATION DEVELOPMENT TOWARDS SUPPORTING NPP LEGAL FRAMEWORK 2007 2008 2009 2010 2011 Q1 Q2 Q3 Q4 Projected Act 200_ Licensing Regulation 1986, Basic Safety Standard Regulation 1988, Transport Regulation 1989 Waste Management Regulation 2009, Nuclear Installation Licensing 2009, Safeguard Regulations 2010, Nuclear Security Regulations 2011 Inter-Agency Meeting with relevant Regulatory Authority (MHLG, EC, DOE, DOSH) 49 documents related to RR and NPP Development of regulatory criteria, guidelines, standards for regulatory review of site assessment report Development of regulatory criteria, guidelines, standards for regulatory review of design, construction and operation of NPP MoU with BAPETEN, Indonesia (2008) MoU with: - CNCAN, Romania - AEA, Hungary - KINS, Korea USA UKM Amendment of Act 304 Revision of Current Regulations Development of New Regulations Establishment of Licensing Mechanism of NPP Adoption of IAEA Standards Bilateral Cooperation

CURRENT INITIATIVE ON LEGAL INFRASTRUCTURE A comprehensive Atomic Energy Act is being reviewed (IAEA Standard) and AELB is discussing with various agencies in strengthening legal infrastructure of nuclear activities in Malaysia. Anticipate to come out with a more comprehensive and effective act on nuclear activities e.g. CPPNM, AP, export control, compoundable offences or its criminalization etc. Adoption of 49 IAEA Standards related to RR and NPP. Developing more guidance documents for licensee.

LICENSING OF NPP : LEGISLATION MAP Application for siting, construct and operate NPP for electricity generation Energy Commission DOE DOSH AELB Electricity Supply Act 1990 Environmental Quality Act 1974 Occupational Safety and Health Act 1994, Factory and Machinery Act 1967, Petroleum Act 1984 Atomic Energy Licensing Board 1984 Non-nuclear Island EIA & environmental management plan Individual Certification (e.g. SHO)/ machine & equipment, pressure vessel and boiler Nuclear Island MHLG Town Planning Act 1976 Fire Services Act 1988 License / Approval for land use and Enforcement

SUPERVISION OF NPP: INTER-AGENCY INVOLVEMENT Atomic Energy Regulatory Aspect AELB Occupational Safety and Health Aspect DOSH Environmental Aspect DOE Local Authority & Public Participation MHLG National Coordinator for Disaster NATIONAL SECURITY COUNCIL Nuclear Energy Policy Aspect ENERGY COMMISSION ROYAL MALAYSIAN POLICE Security Aspect

TREATIES, CONVENTION AND AGREEMENT Title In Force Status Agreement on the Privileges and Immunities of the IAEA - Non-party Vienna Convention on Civil Liability for Nuclear Damage Optional Protocol Concerning the Compulsory Settlement of Disputes Convention on the Physical Protection of Nuclear Material Amendment to the Convention on the Physical Protection of Nuclear Material Convention on Early Notification of a Nuclear Accident 2 October 1987 Signature: 1 September 1987 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention Convention on Nuclear Safety Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage Convention on Supplementary Compensation for Nuclear Damage Revised Supplementary Agreement Concerning the Provision of Technical Assistance by the IAEA (RSA) 13 February 1981 Signature: 13 February 1981 Third Agreement to Extend the 1987 Regional Cooperative Agreement for Research, Development and Training Related to Nuclear Science and Technology (RCA) 26 March 2002 Acceptance: 26 March 2002 Application of Safeguards in Connection with the Treaty on Non-Proliferation of Nuclear Weapons (with Protocol) 29 February 1972 Signature: 29 February 1972

RESOURCES: CURRENT EXPERTISE AND STAFFING

RESOURCES: STAFFING Position 1984 – 2003 2003 - 2007 2007 – current Full Strength Occupied (till Nov. 2009) On Application (2009) Director General 1 Deputy Director General 2 Management and Professional Staff 20 51 43 46 Technical and Supporting Staff 41 111 113 103 36 Total 60 163 165 147 84

HUMAN RESOURCE DEVELOPMENT PROGRAM Application of Strategic Approach to Training Development and adoption of a guidance document for AELB Human Capital Program – LPTA/SPP/10 (14 Mac 2008) Internal trainings Certification Program for AELB Assessors and Inspectors. Includes national policy and strategy on HCD

HUMAN RESOURCE DEVELOPMENT PROGRAM External trainings – to ensure AELB is up-to date. Starts with TNA in 2007 and followed by design, development and implementation in 2008 & 2009. Evaluation Stage will be in 2010. “Computer Based Training / Evaluation” – for identified core competencies (Radiation Protection and Malaysian Nuclear Law). 10 trainings identified (based on 2007 TNA) planned in 2008 especially on critical knowledge areas. 2 seminar organized in 2008 for knowledge sharing among AELB officers. This will be an annual event (at least 2 seminars a year).

TNA OUTPUTS AND HRD PROGRAMME Identification of Competency Standards for all AELB Technical Officers based on IAEA TecDoc 1254 Identification of Competency Gaps A Training Master Plan for 2008-2009 Identification of Internal Trainers and Re-engineers Identification of AELB Required 15 Technical Disciplines and Resource Persons Revised Masters/PhD program for all AELB Technical Officers Draft Development Plans for AELB 5 Job Disciplines

INFRASTRUCTURE FOR MONITORING OF 3’S’: SAFETY, SECURITY AND SAFEGUARDS Illicit trafficking and border control National Emergency Response Centre - Incident - Accident - Sabotage - Illicit trafficking - Misused Environmental radiation monitoring system 20

WAY FORWARD Independency of Regulatory Authority: Amendment of current Act Establishment of new Act Ratification and implementation of relevant International Obligations Public Confidence and Participation: Public participation at the very beginning (outreach programme) Provision under current Act 304 and projected Act 200_

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