1. Independence of a Regulatory Body
Regulatory Cooperation Forum (RCF) Plenary 2016, IAEA
Independence of a Regulatory Body
30 September, 2016
Yutaka HARA
Director of International Affairs Office,
Nuclear Regulation Authority (NRA), Japan

2. Contents Independence of the regulatory body
Situation of the regulatory framework in Japan
Closing 1

3. 1. Independence of the regulatory body

4. Why is “Independence of RB” Important ?
“The primary reason for independence of the regulatory body is to ensure that regulatory decisions can be made and enforcement actions taken without pressure from interests that may conflict with safety.”
“The credibility of the regulatory body in the eyes of the general public, whose health and safety it is the regulatory body’s responsibility to protect, depends in large part upon whether the regulatory body is considered to be independent in its decision making.”
“Independence in regulatory decision making does not obviate the need　for accountability. …………….., it must be　accountable to government and　parliament as well as to the general public with　regard to effectively and efficiently fulfilling its mission to protect workers, the public and the environment from radiation hazards.”
（ Reference ） INSAG-17 “Independence in regulatory decision making” 3

5. What is Independence of a Regulatory Body?
In IAEA Safety Standards, GSR Part 1 “Establishment of a regulatory body”
Requirement 3
“The government, through the legal system, shall establish and maintain a regulatory body, and shall confer on it the legal authority and provide it with the competence and the resources necessary to fulfil its statutory obligation for the regulatory control of facilities and activities”.
Legal authority
Competence
Resources – financial and human
Absence of undue pressure from interested
Concrete Criteria 4

6. 2. Situation of the regulatory framework in Japan

7. Start of Regulatory Framework in JAPAN
1956
Atomic Energy Commission
(Secretariat: Science and Technology Agency)
　　AEC covered promotional issues and regulatory issues at that time
During about 60 years
Regulatory Framework in JAPAN had been changed and improved for several times
Ex. Establishment of Nuclear Safety Commission in 1978 6

8. Change in Regulatory Framework in 2012
Structural defects before Fukushima Daiichi Accident
Regulatory and promotional sections in the same ministry
Different competent ministries for different types of facilities such as power reactors and research reactors
“Double-checking” system made the regulatory responsibility rather ambiguous.
Safety, security and safeguards under different jurisdictions
AEC : Atomic Energy 　
　　　　　Commission
METI : Ministry of Economy,
　　　　 Trade and Industry
MEXT : Ministry of Education,
Culture, Sports, Science
　　　　 and Technology
NISA : Nuclear and Industrial
Safety　Agency　　　
NSC : Nuclear Safety　
　　　　Commission
Before 2012
NSC
AEC
Security
2nd Check
Regulatory sections
METI
NISA
Regulation on Commercial facilities
Promotion of nuclear energy
MEXT
R&D of nuclear
Regulation on RR, RI,
Safeguards, Monitoring 7

9. Change in Regulatory Framework in 2012
New RB “Nuclear Regulatory Authority(NRA)” was established.
Clear separation of regulation from promotion
　　　( Set under Ministry of Environment )
Integration of regulatory functions on all nuclear facilities
and radiation sources.
Integration of all nuclear regulatory functions; “3S”.
safety 3S
security
safeguards
Before 2012
regulatory
regulatory
promotional
promotional
NSC
AEC
NRA
Safety,
Security,
Safeguards,
RI, Monitoring,
etc.
AEC
Ministry of
Environment
2nd Check
Security
(abolished)
METI
METI
NISA
Regulation on Commercial facilities
Promotion of nuclear energy
(abolished)
MEXT
R&D of nuclear
MEXT
Regulation on RR, RI,
Safeguards, Monitoring 8

10. How to Ensure Independence (Case of NRA, Japan)
Legal authority
Absence of undue pressure from interested
Independent from promotional sections
(External organization* of the Ministry of the Environment)
* Article-3 Authority based on the Article 3, paragraph 2 of the National Government Organization Act
Authority to issue ministerial ordinance for regulatory requirements,
High transparency (Commission Meetings, meetings with stakeholders etc.)
Implementation of the No-Return Rule (prohibiting the relocation of NRA personnel to administrative promotional organizations)
Establishment of a special (Nuclear Safety Regulation Measures) category in the special accounts for energy policy measures.
Development of training programs such as dedicated training on nuclear regulations for Nuclear Safety Inspector, etc.
Competence
Resources – financial and human 9

11. Good practices on section 1.2
IRRS Mission Report to Japan in 2016
Good practices on section 1.2
The prompt establishment of a legal and governmental framework supporting a new independent and transparent regulatory body with increased powers.
NRA’s prompt and effective incorporation of lessons learnt from the TEPCO Fukushima Daiichi accident in the areas of natural hazards, severe accident management, emergency preparedness and backfitting of existing facilities, into the new regulatory framework.
INTEGRATED REGULATORY REVIEW SERVICE (IRRS) MISSION TO JAPAN 10

12. 3 Closing
Japan has changed National Regulatory Framework to continuously improve Nuclear Regulation in Japan.
We have realized highly independent Regulatory
Body for Japanese nuclear regulation.
NRA will strive to further enhance nuclear safety and security in Japan.
Because Nuclear safety and security are the endless
important issues. 11

13. Thank you for your attention. 12

14. APPENDIX 13

15. NRA’s Commissioners (Sep. 2016)
Chairman
Shunichi Tanaka
Commissioner
Toyoshi Fuketa
Commissioner
Satoru Tanaka
Commissioner
Akira Ishiwatari
Commissioner
Nobuhiko Ban 　 14

16. Organizational Chart of NRA Secretariat
As of May , 2016
Secretariat of the NRA
Number of staff:
968 (in quota), 923(real)
Secretary-General
Deputy Secretary-General
Nuclear Regulation Department
Secretary-General’s Secretariat
Director-General
Director-General for Emergency Response
Nuclear Regulation Policy Planning Division
Director-General for Technical Affairs
Divisions of Regulation（7） *2
Director-General for Radiation Protection
Strategy and Security
Director-Generals (3)
Policy Planning and Coordination Division
- General affairs
- Policy evaluation
- Public affairs
- International affairs
Radiation Protection Department
Emergency Preparedness / Response and Nuclear
Security Division
Personnel Division
Counsellor for Budget and Accounting
Regulatory Reform Office
Radiation Monitoring Division
Regulatory Standard and Research　Department
Radiation Protection and Safeguards Division
Regulatory Standard and Research Division
Divisions of Research(4) *1
*1 The fields of Reactor System Safety; Severe Accident; Nuclear Fuel Cycle and
Radioactive Waste; and Earthquake and Tsunami
*2 The fields of BWRs; PWRs; Inspections of Nuclear Reactor Facilities; Advanced
Reactors, Research Reactors, Decommissioning; Nuclear Fuel (Fabrication and
Reprocessing) Facilities and Use of Nuclear Material; Radioactive Waste,
Storage and Transport; and Earthquake and Tsunami
NRA Human Resource Development Center 15

17. Structure of NPP Regulatory Legislation
Mandatory
Atomic Energy Basic Act
Nuclear Reactor Regulation Act
Cabinet Orders
NRA Ordinances
NRA Regulatory Guides
Technical Documents
Requirements
Performance-based criteria
Guides
Show examples to satisfy the performance-based regulatory criteria
Technical documents 16

18. NRA’s Public Information (1)
For Ensuring Openness,
The NRA thoroughly discloses regulatory information, as well as its decision-making process.
The NRA takes videos of regular press briefings/meetings and posts them on web. The NRA also posts the distributed material and the minutes on web. (except classified information, e.g. nuclear security)
Video Hosting Service
niwango.inc 17

19. NRA’s Public Information (2)
　Regular press briefings
NRA Chairman: Every Wednesday (once a week)
NRA spokesperson (Director for Policy Planning and Coordination Division): Every Tuesday and Friday (twice a week)
　 The NRA Commission Meeting
Every Wednesday (once a week)
　 The meeting of study team, Expert Meeting etc. 18