Regulating the Safety of Radioactive Waste, Decommissioning and Environmental Restoration

Presentation to the NWMD&ER Conference

e-Doc 5050674

Michael Binder, President Canadian Nuclear Safety Commission September 13, 2016 – Ottawa, Ontario

2016: Recognizing 70 Years of Nuclear Regulatory Excellence in Canada

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Canadian Nuclear Safety Commission

• Regulates the use of nuclear energy and materials to protect health, safety, security and the environment

• Implements Canada's international commitments on the peaceful use of nuclear energy

• Disseminates objective scientific, technical and regulatory information to the public

3 Canada’s nuclear watchdog

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CNSC Regulates All Nuclear-Related Facilities and Activities in Canada

• Uranium mines and mills • Uranium fuel fabrication and processing • Nuclear power plants • Nuclear substance processing • Industrial and medical applications • Nuclear research and educational activities • Transportation of nuclear substances • Nuclear security and safeguards • Import and export controls • Waste management facilities

From cradle to grave 4

Regulating Radioactive Waste

5 Regulated until released from licensing

Canada’s Radioactive Waste Snapshot

6 A long history of regulation

Regulating All Four Classes of Radioactive Waste

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Uranium mine and mill waste

Low-level radioactive waste

Intermediate-level radioactive waste

High-level radioactive waste

Includes tailings and waste rock generated by the mining and milling of uranium ore

More radioactive than clearance levels and exemption quantities Examples include: mop heads, rags and paper towels

Contains enough long-lived radionuclides to require isolation and containment Examples include: filters, resins and used reactor components

Primarily used nuclear fuel, along with small amounts of waste that generate significant heat

Alpha: < 400 Bq/g Long-lived beta/gamma: ranges to tens of kBq/g Unshielded contact dose rate: < 2 mSv/h

Alpha: no limit Long-lived beta/gamma: no limit Unshielded contact dose rate: >2 mSv/h Thermal power: < 2 kW/m3

Alpha: no limit Long-lived beta/gamma: no limit Contact dose rate: no limit Thermal power: no limit

Different approaches to managing each class

Regulating Waste Update

Low and Intermediate-Level Radioactive Waste • OPG’s proposed Deep Geologic Repository (DGR)

– Joint review panel environmental assessment report – May 2015 – November 2015, Minister of Environment and Climate Change requested additional information and

further studies on the EA prior to making a decision: 1. alternate locations for the project

2. cumulative environmental effects of the project

3. updated list of mitigation commitments for each identified adverse effect under CEAA, 2012

• OPG’s Western Waste Management Facility – Relicensing hearing for 10-year renewal in April 2017 – CNSC staff preparing EA for proposed site expansion

• CNL’s proposed Near Surface Disposal Facility (NSDF) – Application received and EA commenced May 2016

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Regulating Waste Update (continued)

High-Level Radioactive Waste • Nuclear Waste Management Organization (NWMO)

– Site selection studies continue in 9 of 22 communities that have expressed interest – CNSC involved early to explain regulatory role and meet communities/Aboriginal groups

• Repatriation of HEU from Chalk River to the U.S. – Expected to begin in 2016 – Lawsuit filed for an injunction in the U.S. in August 2016

All Classes of Radioactive Waste • 2015 regulatory oversight reports (RORs) for waste management and uranium mines, mills,

historic and decommissioned sites will be presented to the Commission on December 14-15, 2016

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Regulating Decommissioning Activities

10 Dalhousie SLOWPOKE decommissioned and released

in 2011

Decommissioning Update

Reactors partially decommissioned • AECL prototype reactors shut down and partially decommissioned • CNL applications received for accelerated decommissioning of Whiteshell

Laboratories and the Nuclear Power Demonstration (NPD) reactor – EAs commenced May 2016

Gentilly-2 • Decommissioning licence issued June 22, 2016

Pickering • Letter received May 2016 from OPG indicating intent to apply for a 10 year

licence renewal during which time plant will undergo permanent shutdown • OPG required to inform the CNSC by June 30, 2017 of final shutdown dates – Letter indicates OPG considering shutdown of two reactors in 2022 and

remaining four in 2024

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Regulating Environmental Restoration

12 Cluff Lake uranium mine - then and now

Environmental Restoration Update

Projects moving towards institutional control (IC): • Lorado – remediation work completed in 2016, entering environmental monitoring phase • Cluff Lake – in environmental monitoring phase, tentative move to IC 2019 • Beaverlodge –in environmental monitoring phase, all properties tentative move to IC 2023

Project moving towards release from CNSC licensing: • Deloro – application received in 2016 for conditional clearance

Active remediation projects: • Gunnar Remediation Project (September 2016 - public hearing) • Port Hope Area Initiative (November 2016 - public meeting)

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Legislative Framework

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• Nuclear Fuel Waste Act (2002)

• Nuclear Safety and Control Act and regulations (2000)

• Canadian Environmental Assessment Act, 2012

• Nuclear Liability Act (1985) – To be replaced by the Nuclear Liability and Compensation Act

(coming into force January 2017)

Strong foundation for the safe management of nuclear waste

CNSC Regulatory Role

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• CNSC ensures that licensees meet their obligations by:

• Applicable regulations, regulatory documents, standards and international obligations – P-290, Policy of Radioactive Waste (2004) – G-320, Assessing the Long term Safety of Radioactive Wastes (2006) – G-219, Decommissioning Planning for Licensed Activities (2000) – G-206, Financial Guarantees for the Decommissioning of Licensed Activities (2000) – RD/GD-370, Management of Uranium Mine Waste and Rock and Mill Tailings (2012) – CSA standards, IAEA standards, IAEA Joint Convention

Continuously working to improve clarity

Establishing regulatory requirements

Verifying requirements are implemented

Enforcing requirements

Enhancing the Regulatory Framework

Discussion Paper DIS-16-03, Radioactive Waste Management and Decommissioning • Seeks to clarify the waste and decommissioning regulatory framework by identifying

opportunities for improvement, including: 1. Defining waste types based on the quantitative criteria 2. Making “reduce, reuse, recycle” a requirement 3. Establishing consistent record-keeping requirements for all waste operations (10 years past licence) 4. Creating licence application requirements for waste facilities/activities based on the risk of the

proposed operation 5. Increasing clarity of waste requirements by consolidating and updating CNSC requirements and

guidance 6. Providing additional clarity and documented definitions for regulating remediation activities 7. Exploring alternative processes to abandonment for releasing facilities and activities from CNSC

licensing after decommissioning or remediation

16 Consultation period concluded September 12, 2016

Looking Ahead…

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New government has brought new areas of focus: 1. Science-based decisions

• 800+ professional staff, including scientific/technical experts

2. Indigenous relations • Aboriginal engagement regulatory document

3. Environmental reviews • 73 EAs over the last 15 years

4. Climate change and clean energy • Nuclear generation accounts for 15% of electricity in Canada and over 60% in Ontario

The CNSC is well prepared

Review of Environmental Assessment (EA) Processes

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• There are currently three responsible authorities that conduct federal EAs: CEAA, the NEB, and the CNSC

• The Minister of Environment and Climate Change has established an expert panel to review EA processes associated with CEAA 2012

• Consultations are being planned across Canada and will begin in September 2016 • The panel is to provide its report and recommendations by January 31, 2017

Government is consulting with Canadians Get involved!

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Transparent Regulatory Process

• Social acceptability is a challenge for all major projects, especially radioactive waste projects

• Social acceptability, along with other factors such as economics, are not part of the CNSC’s mandate

• As the regulator, the CNSC can foster public trust through ongoing communication, proactive disclosure & transparency, and encouraging and providing opportunities for participation

• Ultimately, a strong and independent nuclear regulator must rely on evidence and science in approving the safety case of a project

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Fostering public trust

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Public Engagement is Essential

• Public hearing process • Participant Funding Program • Aboriginal and public consultations • Extensive outreach and engagement program • Requirement for licensees to communicate

20 Building trust is a continuous process

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Thank you

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70 years of nuclear safety in Canada