Establishing an Effective Nuclear Regulatory Regime: A Case Study of South Africa

Mosebetsi Leotlela

doi:doi:10.11648/j.stpp.20210501.11

| Peer-Reviewed

Establishing an Effective Nuclear Regulatory Regime: A Case Study of South Africa

Mosebetsi Leotlela

Published in Science, Technology & Public Policy (Volume 5, Issue 1)

Received: 4 January 2021 Accepted: 25 January 2021 Published: 4 March 2021

Views: Downloads:

Download PDF

Share This Article

Twitter
Linked In
Facebook

Abstract

This research is aimed at providing insight into various nuclear regimes for countries that are looking to start a nuclear energy programme but have yet to develop such regimes, as well as those with a well-established nuclear programme. It will also evaluate the value of independence of nuclear regulators with regards nuclear safety whether independence on its own is of any value to the society or the nuclear regulator needs to be more effective in giving effect to the objective and mandate it was established for. Based on the fact that there is currently no yardstick available to measure the effectiveness of the nuclear regulator in carrying out its functions, a number of pointers are listed which failed will indicate the ineffectiveness of the nuclear regulators in protecting the public, environment and the property from the harmful effects of radiation. It will also highlight the value of flexibility in nuclear licensing in order to find the right fit between the nuclear regulatory circumstances and not sticking to the design of the nuclear regulatory regimes when they are not relevant. In addition, this paper will indicate the advantages and disadvantages of various regulatory regimes applicable to the nuclear regulatory authority, and most importantly show the fundamental difference between ‘as low as reasonably achievable, (ALARA), economic and social factors being taken into account’ and ‘as low as reasonably practicable’ (ALARP), and why these two cannot be used interchangeably.

Published in	Science, Technology & Public Policy (Volume 5, Issue 1)
DOI	10.11648/j.stpp.20210501.11
Page(s)	1-18
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Prescriptive Nuclear Regulatory Regime, Non-prescriptive Nuclear Regulatory Regime, System-Based Nuclear Regulatory Regime

References

[1]	Evolution of South African Nuclear Regulatory regime from the British Nuclear Regulatory System. Leotlela, M. J. 1, 2017, Journal of Modern and Applied Physics, Vol. 1.
[2]	Regulatory Regimes and accountability. May, Peter J. 2007, Journal compilation, pp. 8-26.
[3]	Bacon-Dussault, Malaika. Independence of Nuclear Regulators in the Aftermath of the Fukushima Daiichi Nuclear Accident: A comparative approach. Ottawa: Canadian Nuclear Safety Commission, 2011.
[4]	UN. United Nations Secretariat Climate Action Plan 20-30. s.l.: United Nations, 2019.
[5]	Energy, Department of. INTEGRATED RESOURCE PLAN FOR ELECTRICITY (IRP) 2010-2030. Pretoria: s.n., 2013.
[6]	World Nuclear Association. World Nuclear Performance Report 2019. s.l.: World Nuclear Association, 2019.
[7]	IAEA. Governmental, Legal and Regulatory Framework for Safety, No. GSR Part 1 (Rev. 1): GENERAL SAFETY REQUIREMENTS. Vienna: IAEA, 2016.
[8]	NEA-OECD. The Characteristics of an Effective Nuclear Regulator (NEA No. 7185). s.l.: NEA, 2014. p. 9.
[9]	Clement, C. H. Environmental Protection: Transfer Parameters for Reference Animals and Plants. s.l.: International Commission of Radiological Protection, 2009. ICRP-114.
[10]	Clement, C. H: Environmental Protection: The Concept and use of Reference Animals and Plants. s.l.: Pergamon, 2009.
[11]	IAEA. Safety Culture. Vienna: IAEA, 1991.
[12]	IAEA. Managing Regulatory Body Comptence. Vienna: IAEA, 2013. Safety Series Report No. 79.
[13]	IAEA. Training the staff of the regulatory for nuclear facilities: A competency framework. Vienna: IAEA, 2001.
[14]	Management-Based Regulation: Prescribing Private Management to Achieve Public Goals. Coglianese, Cary and Lazer, David. 4, 2003, Journal of the law and society association, Vol. 37, pp. 691-730.
[15]	Regulations and Regulatory Governance. Levi-Faur, David. s.l.: Researchgate, 2010, Jerusalem Papers in Regulation & Governance.
[16]	May, Peter J and Matthews, Donald R. Performance-Based Regulation. Jerusalem Papers in Regulation & Governance. Jerusalem: s.n., April 2010. 2079-5882.
[17]	Business-Report. Court strikes down Koeberg exclusion rule. [Online] 2007. [Cited: 16 July 2020.] https://www.iol.co.za/business-report/economy/court-strikes-down-koeberg-exclusion-rule-716172.
[18]	DME. NNR Act, Act 47 of 1999. Pretoria: Department of Minerals and Energy, 1999.
[19]	Prescriptive and Risk-Based Approaches to Regulation: The Case of FPSOs in Deepwater Gulf of Mexico. Lassagne, Marc G, Pang, David X and Vieira, Raul. Houston, Texas: Offshore Technology Conference, 2001.
[20]	Office for Nuclear Regulations. A guide to Nuclear Regulation in the UK. s.l.: Office for Nuclear Regulation, 2016.
[21]	BREDIMAS, Alexandre and NUTTALL, William J. A Comparison of International Regulatory Organizations and Licensing Procedures for New Nuclear Power Plants. Cambridge: Judge Business School, University of Cambridge, 2000.
[22]	IAEA. Radiation Protection and Safety of Radiation Sources: International Basic Safety Standards.
[23]	Maddocks. The Role Of Regulation In Facilitating Or Constraining Adaptation To Climate Change For Australian Infrastructure: Report for the Department of Climate Change and Energy Efficiency. Melbourn: Tudor RP, 2011.
[24]	AEE. PERFORMANCE-BASED REGULATION: Aligning utility incentives with policy objectives and customer benefits. s.l.: ADVANCED ENERGY ECONOMY, 2018.
[25]	Hutter, Bridget M. What Makes a Regulator Excellent? s.l.: London School of Economics and Political Science, 2015.
[26]	The Challenges and Benefits of Risk-Based Regulation in Achieving Scheme Outcomes. Nicholls, Andrew. Adelaide: s.n., 2015.
[27]	Brember, Peter, Ledgerwood, Ken and Mactaggart, Fiona. A Review of the Application of ‘Best Practicable Means’ within a Regulatory Framework for Managing Radioactive Wastes. Scottish and Northern Ireland Forum For Environmental Research (SNIFFER). 2005. Project UKRSR05.
[28]	VALENTIN, J. The 2007 Recommendations of the International Commission on Radiological Protection. Recommendations.
[29]	The ALARP Argument. Yasseri, Sirous. London: Brunel University, 2013.
[30]	Quddus, Noor. Risk Acceptance Criteria: Overview of ALARP and Similar Methodologies as Practiced Worldwide. 2020.
[31]	Marquard, Andrew. Origins and Development of South African Energy Policy. Thesis presented for the Degree of Doctor of Philosophy. s.l.: University of Cape Towm, 2006.
[32]	NNR. National Nuclear Regulator Overview Of Strategic Objectives. Pretoria: National Nuclear Regulator.
[33]	Parliament. NUCLEAR ENERGY ACT, Act 46 of 1999. Pretoria: s.n., 1999.
[34]	Office, President. No. 131 of 1993: Nuclear Energy Act, 1993. Pretoria: Parliament of South Africa, 1993.
[35]	NNR. INTERIM GUIDANCE FOR THE SITING OF NUCLEAR FACILITIES-RG-0011, Rev 0. Pretoria: NNR, 2012.
[36]	South African Parliament. Nuclear Energy Act, 1993. Pretoria: s.n., 1993.
[37]	Carrol, Peter, et al. Minding the Gap: Appraising the promise and performance of regulatory reform in Australia. Canberra: Published by ANU E Press, 2008.
[38]	Emmerson, B W. Establishing an effective nuclear safety regulatory regime: Part 1 - Objectives and requirements. Nuclear Science And Technology, European Commission. Luxembourg: European Commission, 1994.
[39]	Industry Radiological Protection Co-ordination Group (IRPCG). The Application of ALARP: A Nuclear Industry Good Practice Guide. 2012.
[40]	IAEA. IAEA SAFETY GLOSSARY TERMINOLOGY USED IN NUCLEAR SAFETY.

Cite This Article

Plain Text BibTeX RIS

APA Style

Mosebetsi Leotlela. (2021). Establishing an Effective Nuclear Regulatory Regime: A Case Study of South Africa. Science, Technology & Public Policy, 5(1), 1-18. https://doi.org/10.11648/j.stpp.20210501.11

Copy | Download

ACS Style

Mosebetsi Leotlela. Establishing an Effective Nuclear Regulatory Regime: A Case Study of South Africa. Sci. Technol. Public Policy 2021, 5(1), 1-18. doi: 10.11648/j.stpp.20210501.11

Copy | Download

AMA Style

Mosebetsi Leotlela. Establishing an Effective Nuclear Regulatory Regime: A Case Study of South Africa. Sci Technol Public Policy. 2021;5(1):1-18. doi: 10.11648/j.stpp.20210501.11

Copy | Download

@article{10.11648/j.stpp.20210501.11,
  author = {Mosebetsi Leotlela},
  title = {Establishing an Effective Nuclear Regulatory Regime: A Case Study of South Africa},
  journal = {Science, Technology & Public Policy},
  volume = {5},
  number = {1},
  pages = {1-18},
  doi = {10.11648/j.stpp.20210501.11},
  url = {https://doi.org/10.11648/j.stpp.20210501.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.stpp.20210501.11},
  abstract = {This research is aimed at providing insight into various nuclear regimes for countries that are looking to start a nuclear energy programme but have yet to develop such regimes, as well as those with a well-established nuclear programme. It will also evaluate the value of independence of nuclear regulators with regards nuclear safety whether independence on its own is of any value to the society or the nuclear regulator needs to be more effective in giving effect to the objective and mandate it was established for. Based on the fact that there is currently no yardstick available to measure the effectiveness of the nuclear regulator in carrying out its functions, a number of pointers are listed which failed will indicate the ineffectiveness of the nuclear regulators in protecting the public, environment and the property from the harmful effects of radiation. It will also highlight the value of flexibility in nuclear licensing in order to find the right fit between the nuclear regulatory circumstances and not sticking to the design of the nuclear regulatory regimes when they are not relevant. In addition, this paper will indicate the advantages and disadvantages of various regulatory regimes applicable to the nuclear regulatory authority, and most importantly show the fundamental difference between ‘as low as reasonably achievable, (ALARA), economic and social factors being taken into account’ and ‘as low as reasonably practicable’ (ALARP), and why these two cannot be used interchangeably.},
 year = {2021}
}

Copy | Download

TY  - JOUR
T1  - Establishing an Effective Nuclear Regulatory Regime: A Case Study of South Africa
AU  - Mosebetsi Leotlela
Y1  - 2021/03/04
PY  - 2021
N1  - https://doi.org/10.11648/j.stpp.20210501.11
DO  - 10.11648/j.stpp.20210501.11
T2  - Science, Technology & Public Policy
JF  - Science, Technology & Public Policy
JO  - Science, Technology & Public Policy
SP  - 1
EP  - 18
PB  - Science Publishing Group
SN  - 2640-4621
UR  - https://doi.org/10.11648/j.stpp.20210501.11
AB  - This research is aimed at providing insight into various nuclear regimes for countries that are looking to start a nuclear energy programme but have yet to develop such regimes, as well as those with a well-established nuclear programme. It will also evaluate the value of independence of nuclear regulators with regards nuclear safety whether independence on its own is of any value to the society or the nuclear regulator needs to be more effective in giving effect to the objective and mandate it was established for. Based on the fact that there is currently no yardstick available to measure the effectiveness of the nuclear regulator in carrying out its functions, a number of pointers are listed which failed will indicate the ineffectiveness of the nuclear regulators in protecting the public, environment and the property from the harmful effects of radiation. It will also highlight the value of flexibility in nuclear licensing in order to find the right fit between the nuclear regulatory circumstances and not sticking to the design of the nuclear regulatory regimes when they are not relevant. In addition, this paper will indicate the advantages and disadvantages of various regulatory regimes applicable to the nuclear regulatory authority, and most importantly show the fundamental difference between ‘as low as reasonably achievable, (ALARA), economic and social factors being taken into account’ and ‘as low as reasonably practicable’ (ALARP), and why these two cannot be used interchangeably.
VL  - 5
IS  - 1
ER  -

Copy | Download

Author Information

Mosebetsi Leotlela

School of Physics, University of the Witwatersrand, Johannesburg, South Africa

Download PDF

Sections

Plain Text BibTeX RIS

APA Style

Mosebetsi Leotlela. (2021). Establishing an Effective Nuclear Regulatory Regime: A Case Study of South Africa. Science, Technology & Public Policy, 5(1), 1-18. https://doi.org/10.11648/j.stpp.20210501.11

Copy | Download

ACS Style

Mosebetsi Leotlela. Establishing an Effective Nuclear Regulatory Regime: A Case Study of South Africa. Sci. Technol. Public Policy 2021, 5(1), 1-18. doi: 10.11648/j.stpp.20210501.11

Copy | Download

AMA Style

Mosebetsi Leotlela. Establishing an Effective Nuclear Regulatory Regime: A Case Study of South Africa. Sci Technol Public Policy. 2021;5(1):1-18. doi: 10.11648/j.stpp.20210501.11

Copy | Download

@article{10.11648/j.stpp.20210501.11,
  author = {Mosebetsi Leotlela},
  title = {Establishing an Effective Nuclear Regulatory Regime: A Case Study of South Africa},
  journal = {Science, Technology & Public Policy},
  volume = {5},
  number = {1},
  pages = {1-18},
  doi = {10.11648/j.stpp.20210501.11},
  url = {https://doi.org/10.11648/j.stpp.20210501.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.stpp.20210501.11},
  abstract = {This research is aimed at providing insight into various nuclear regimes for countries that are looking to start a nuclear energy programme but have yet to develop such regimes, as well as those with a well-established nuclear programme. It will also evaluate the value of independence of nuclear regulators with regards nuclear safety whether independence on its own is of any value to the society or the nuclear regulator needs to be more effective in giving effect to the objective and mandate it was established for. Based on the fact that there is currently no yardstick available to measure the effectiveness of the nuclear regulator in carrying out its functions, a number of pointers are listed which failed will indicate the ineffectiveness of the nuclear regulators in protecting the public, environment and the property from the harmful effects of radiation. It will also highlight the value of flexibility in nuclear licensing in order to find the right fit between the nuclear regulatory circumstances and not sticking to the design of the nuclear regulatory regimes when they are not relevant. In addition, this paper will indicate the advantages and disadvantages of various regulatory regimes applicable to the nuclear regulatory authority, and most importantly show the fundamental difference between ‘as low as reasonably achievable, (ALARA), economic and social factors being taken into account’ and ‘as low as reasonably practicable’ (ALARP), and why these two cannot be used interchangeably.},
 year = {2021}
}

Copy | Download

TY  - JOUR
T1  - Establishing an Effective Nuclear Regulatory Regime: A Case Study of South Africa
AU  - Mosebetsi Leotlela
Y1  - 2021/03/04
PY  - 2021
N1  - https://doi.org/10.11648/j.stpp.20210501.11
DO  - 10.11648/j.stpp.20210501.11
T2  - Science, Technology & Public Policy
JF  - Science, Technology & Public Policy
JO  - Science, Technology & Public Policy
SP  - 1
EP  - 18
PB  - Science Publishing Group
SN  - 2640-4621
UR  - https://doi.org/10.11648/j.stpp.20210501.11
AB  - This research is aimed at providing insight into various nuclear regimes for countries that are looking to start a nuclear energy programme but have yet to develop such regimes, as well as those with a well-established nuclear programme. It will also evaluate the value of independence of nuclear regulators with regards nuclear safety whether independence on its own is of any value to the society or the nuclear regulator needs to be more effective in giving effect to the objective and mandate it was established for. Based on the fact that there is currently no yardstick available to measure the effectiveness of the nuclear regulator in carrying out its functions, a number of pointers are listed which failed will indicate the ineffectiveness of the nuclear regulators in protecting the public, environment and the property from the harmful effects of radiation. It will also highlight the value of flexibility in nuclear licensing in order to find the right fit between the nuclear regulatory circumstances and not sticking to the design of the nuclear regulatory regimes when they are not relevant. In addition, this paper will indicate the advantages and disadvantages of various regulatory regimes applicable to the nuclear regulatory authority, and most importantly show the fundamental difference between ‘as low as reasonably achievable, (ALARA), economic and social factors being taken into account’ and ‘as low as reasonably practicable’ (ALARP), and why these two cannot be used interchangeably.
VL  - 5
IS  - 1
ER  -

Copy | Download