1. 1 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann The STSC/IAEA Safety Framework for Space Nuclear Power Source Applications Dr. Leopold Summerer Head, ESA Advanced Concepts Team Email: Leopold.Summerer@esa.intLeopold.Summerer@esa.int Dr. jur. Ulrike M. Bohlmann ESA Legal Department Email: Ulrike.Bohlmann@esa.intUlrike.Bohlmann@esa.int 1

2. 2 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann 2 Outline Context of the Safety Framework Drafting of the Safety Framework Content of the Safety Framework Legal Characterisation

3. 3 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann 3 Context 24 January 1978: Cosmos-954 accident 1992 UN GA Resolution (GA Res. 47/68) "Principles Relevant to the Use of Nuclear Power Sources In Outer Space" NPS only viable option for solar system exploration missions last launch into Earth orbit more than twenty years ago

4. 4 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann 4 NPS Principles Applicability of international law Launching State = State exercising jurisdiction and control at a given point in time Guidelines and criteria for safe use –general goals: individuals, populations and biosphere to be protected against radiological hazards in operational and accidental circumstances; avoid contamination of outer space. –nuclear reactors –radioisotope generators Safety assessment Notification of re-entry Consultations Assistance to States Responsibility, Article VI OST Liability and compensation, Article VII + LIAB Review and revision, foreseen already after two years

5. 5 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann 5 Drafting process, phase 1 UN COPUOS NPS Working Group reconvened in 1998 to identify and study current international technical standards pertinent to the use of NPS in space Multi-year work plan was adopted: –Factors that differentiate space NPS from terrestrial nuclear applications –International documents of a technical nature having potential relevance to space NPS and procedures for their development –Summary of launch approval processes –Potential future developments Consensus reached by the NPS Working Group in March 2002

6. 6 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann 6 Drafting process, phase 2 STSC WG 2002 - 2007 Focus: to develop an international technically based framework of goals and recommendations for the safety of nuclear power source applications in outer space Set of general guidelines relating to safety aspects of launch and operating life cycle of NPS for space applications Reflect international consensus on appropriate level of safety in various phases of NPS life cycle Objective: Framework to –Be technically based –Provide high-level guidance –Provide technical foundation for development of national standards –Allow national programmes flexibility in adapting such standards to specific NPS applications and different organisational setups

7. 7 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann 7 Drafting process, phase 3 Joint Expert Group STSC and IAEA 2007-2009 Safety Framework adopted by STSC in February 2009 agreed to by IAEA CSS in April 2009 published jointly by STSC and IAEA in October 2009 released after passing of COPUOS report at UN GA in December 2009

8. 8 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann 8 Content voluntary - not legally binding relationship to IAEA safety standards / guides complementary to other standards –does NOT supplement, alter, interpret any other relevant principles or treaties protection of people and the environment in the Earth's biosphere from potential hazards associated with relevant launch, operation and end-of-service mission phases

9. 9 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann 9 Content: guidance for governments Guidance for governments and relevant international intergovernmental organisations that authorise, approve or conduct space NPS missions Governmental responsibilities include: –establishing safety policies, requirements and processes and ensuring compliance; –ensuring acceptable justification for using space NPS; –establishing formal mission launch authorization process; –preparing for and responding to emergencies.

10. 10 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann 10 Content: guidance for management management of organisations involved in space NPS applications management responsibilities include: –complying with governmental and relevant intergovernmental safety policies, requirements and processes –accepting prime responsibility for safety ➡ with organisation that conducts mission –ensuring availability of adequate resources for safety –promoting and sustaining a robust safety culture ➡ Clear lines of authority, responsibility and communication ➡ Safety accountability of organisation and individuals at all levels

11. 11 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann 11 Content: technical guidance Pertinent to design, development and mission phases of space NPS applications Encompasses key areas for developing and providing technical basis for authorisation and approval processes and for emergency preparedness and response: –Establishing and maintaining a nuclear safety design, test and analysis capability; –Applying that capability in design, qualification and mission launch authorization processes of the space NPS application; –Assessing radiation risks to people and environment arising from potential accidents and ensuring that risk is acceptable and as low as reasonably achievable; – Taking action to mitigate the consequences of potential accidents.

12. 12 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann 12 Legal Characterisation explicitly not binding terminology deliberately and carefully non-legal intended to complement IAEA Safety Standards Series, but explicitly not published in that series –Article III.A.6 IAEA Statute:establish and adopt safety standards and provide for their application to own operations as well as to operations making use of materials, services, equipment, facilities, and information made available by the Agency or at its request or under its control or supervision; provide for application of standards, at the request of a State.

13. 13 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann 13 Legal Characterisation technical guidance to technical actors –implementation via actual activities guideline to model national/regional regulations on –Implementation via national/ regional regulation –Voluntary and unilateral commitment to comply with international norm/ recommendation –Unified practice –Starting point for future customary law ?

14. 14 STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann Decrease of solar irradiance with distance to the sun 14

15. STSC/IAEA Safety Framework for Space NPS Applications, Vienna, 2 April 2011 15 ESA UNCLASSIFIED – For Official Use L. Summerer / U. Bohlmann Classification - Types of NPS Radioisotope Power Sources (RPS)