Canadian Nuclear Safety Commission 1

Presentation to Joint Review Panel

nuclearsafety.gc.ca 15/02/2012February 21, 2012

e-Docs 3880212

Roles and Responsibilities of CNSC Staff during the Joint Review Panel

Joint Review Panel for the OPG Deep Geologic Repository Project

for Low and Intermediate Level Radioactive Waste

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Objectives of Presentation

• Introduction to the Canadian Nuclear Safety Commission (CNSC)

• CNSC staff role during the Joint Review Panel (JRP) Review Period

• CNSC staff role in any future licensing activities

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Canadian Nuclear Safety Commission

Established May 2000, under the Nuclear Safety and Control Act Replaced the AECB, established in 1946, Atomic Energy Control Act

Canada’s independent nuclear regulator 65 years of experience

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Our Mission is Clear

To protect the health, safety and security of persons and the environment; and to implement Canada’s international commitments on the peaceful use of nuclear energy

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CNSC Regulates All Nuclear-Related Facilities and Activities

• Uranium mines and mills • Uranium fuel fabricators and

processing • Nuclear power plants • Waste management facilities • Nuclear substance processing • Industrial and medical

applications • Nuclear research and

educational • Export/import control

…From cradle to grave

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CNSC Staff Located Across Canada

HQ in Ottawa 5 site offices at power reactors 1 site office at Chalk River 4 regional offices

Saskatoon, Uranium Mines and Mills Division Regional

Office Calgary, Western Regional Office

Gentilly-2

Point Lepreau

Chalk River

Laval Eastern Regional Office Bruce A&B

HQ

Darlington Mississauga Southern Regional Office

Staff: ~ 850 Resources: $140 m (70% cost recovered) Licensees: 2,050 Licences: 3,300

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Licensing, Environmental Assessment and Crown

Consultation at the CNSC

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CNSC Licensing

On receipt of an application, licences may be: issued, renewed, suspended, amended, revoked, or replaced by the Commission

Licences: • Authorize identified activities • Are phased and activity based • Valid for a specified period • Contain terms and conditions • Supported by a licence condition handbook

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CNSC - Licensing

No licences may be issued unless, in the opinion of the Commission, the applicant: • “is qualified to carry out the activity that the licence

will authorize the licensee to carry on”; and • “will, in carrying out that activity, make adequate

provision for the protection of the environment, the health and safety of persons, and the maintenance of national security and measures required to implement international obligations to which Canada has agreed”.

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CNSC – Environmental Assessment

Additional responsibilities before proceeding to a licensing decision: • CNSC must ensure compliance with the

Canadian Environmental Assessment Act (CEAA): • Ensure an environmental assessment (EA) is

completed, when required • Take the course of action prescribed under s. 37 of

CEAA (proceed or not to a licensing decision)

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CNSC – Crown Consultation

Additional responsibilities during licensing: • Pursuant to s. 35 of the Constitution Act, 1982,

as an agent of the Crown, the CNSC is responsible to uphold the Honour of the Crown by taking into consideration potential adverse impacts to potential or established Aboriginal or treaty rights, prior to making a decision

• Whole-of-government approach • Crown Consultation Coordinator (CCC)

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CNSC – Role of CNSC Staff

Role of CNSC Staff in Licensing: • To make recommendations to the Commission

on the possible issuance of a licence through staff’s involvement in the • EA process • Crown Consultation process • Licensing process

• To assess licensee compliance and ensure the public and environment is protected

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OPG DGR Project Licence to Prepare Site and

Construct

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OPG’s DGR Project

CNSC licensing, EA and CCC processes were initiated with:

• Ontario Power Generation (OPG) Letter to the CNSC, December 2005 • Request for a licence to prepare the site and

construct a deep geologic repository (DGR) for OPG’s low and intermediate level radioactive waste (L&ILW)

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Licensing Process – Completed Activities

Since 2005, CNSC staff has: • Provided guidance on NSCA and Regulations, and

other CNSC expectations [G-320, “Assessing the Long Term Safety of Radioactive Waste Management”]

• Issued comments on draft site characterization plans • Issued comments on preliminary supporting project

reports April 2011:

• Complete application for LPSC and the EIS received, technical reviews begun by CNSC staff

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Licensing – LPSC Application

Focus of OPG’s LPSC Application • Provide the required application information on

DGR Project, such as: • Site evaluation • Management structure • Quality assurance • Facility description and general design • Preliminary safety analysis • Effects on the environment (lifecycle and long term) • Construction activities and schedule

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Licensing Process – Staff’s Review Objectives

• Assess the capability of OPG’s project to meet regulatory requirements for LPSC

• Determine if OPG has demonstrated sufficiently that: • They are qualified to conduct the activities • Will make adequate provision to protect the

environment and the health and safety of persons, and to maintain security and meet with international obligations

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Key considerations • DGR facility considered capable of meeting

regulatory requirements, such as: • Can be constructed, can be constructed safely • Can be safely operated and maintained, has a

management system ensuring this during development of details

• Decommissioning of facility is considered in design • Uncertainties in long term performance are identified,

acceptably conservative, verification planned for LPSC

Licensing – CNSC Staff Review Objectives

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Licensing – CNSC Staff Review Objectives

• Sufficient demonstration of qualification to conduct the LPSC activities in areas like: • Site preparation, construction of surface facilities,

excavation/mining development of underground • Quality assurance for design and construction • Design and construction management system • Preliminary decommissioning plan for construction site • Financial guarantee for decommissioning of

construction site

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Licensing – CNSC Staff Review Objectives

• Sufficient demonstration of adequate provisions for protection and safety for a LPSC, such as: • Design and construction management system • Environmental policies and program • Conventional health and safety program • Monitoring program • Emergency preparedness • Geoscience verification plan

CNSC compliance verification activities ensures confirmation of Licensee compliance with licence and regulatory requirements.

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Licensing – CNSC Staff – Going Forward

• Provide technical, scientific and regulatory information to the JRP

• Propose information requests (IRs) to JRP • Provide clarification of IRs to proponent, if needed • Complete technical review and assessment

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Licensing – CNSC Staff – Going Forward

• Prepare Commission Member Document (CMD) for submission to the JRP describing the results of staff’s technical reviews and assessment, and including recommendations, a proposed draft licence, and draft licence condition handbook

• Prepare for and participate as CNSC subject matter experts at the JRP Public Hearings

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OPG DGR Project Environmental Assessment

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EA – Completed Activities

January 2006: Notice of EA June 2007: Referral to a Panel Spring 2008: Public review of Draft Environmental

Impact Statement (EIS) Guidelines and JRP Agreement

December 2008: JRP Agreement signed January 2009: EIS Guidelines approved by the

Minister of the Environment April 2009: MPMO Project Agreement signed April 2011: OPG submitted EIS and application for

a LPSC for the DGR Project February 2012: Public Review Period announced by

JRP

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EA – OPG EIS Submission

• EIS describes: • Normal project lifecycle (including long-term) • Existing environment (biophysical, socio-economic)

• Assessment of potential adverse effects over the project lifecycle • Effects of the project on the environment • Consequences of accidents, malfunctions and

malevolent acts • Effects of the environment on the project

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EIS – CNSC Staff Review Objectives

CNSC staff reviews the EIS to: • Ensure conformity with the EIS Guidelines • Determine if the EIS adequately assessed

potential adverse effects and their significance over the project lifecycle

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EIS – CNSC Staff Review Objectives

CNSC staff will assess aspects like: • Adequacy of lifecycle description and suitability of

mitigation measures • Acceptability of assumptions, models, criteria,

standards and objectives • Accuracy of calculations, uncertainty of results • Appropriateness of the consequences and effects

identified • Appropriateness of the methodology used to

determine significance of an environmental effect

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EA – CNSC Staff Role – Going Forward

• Provide technical, scientific and regulatory information to the JRP

• Coordinate Federal Review Team’s review of EIS and supporting documentation

• Propose IRs to JRP • Provide clarification of IRs to proponent, if needed • Complete technical review and assessment of EIS

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EA – CNSC Staff Role – Going Forward

• Submit Panel Member Document (PMD) to the JRP describing results of the technical review and assessment of EIS, including recommendations and a proposed follow-up and monitoring program

• Prepare for and participate as CNSC subject matter experts at the JRP Public Hearings

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OPG DGR Project Crown Consultation

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Crown Consultation – CNSC Staff Role

Focus of Staff in Crown Consultation • Conduct consultation prior to Panel hearings and

encourage Aboriginal groups to participate in the hearings, express concerns and identify potential adverse impacts from the project on potential or established Aboriginal or treaty rights

• Other activities as requested by the JRP

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Crown Consultation – Completed Activities

• Identify preliminary list of Aboriginal groups • Notified Aboriginal groups of project and review

process • Invited participation in the review of draft JRP

Agreement and EIS Guidelines • CNSC and CEAA consulted extensively with

Saugeen Ojibway Nation (SON) • JRP Agreement [preamble, definitions, conduct of the

review (4.1(c))]

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Crown Consultation – Completed Activities

• Held and attended meetings and responded to requests

• Provided project updates and information • CEAA issued funding for:

• Review of draft EIS Guidelines review and JRP Agreement

(August 2007) • EIS review and hearing participation

(June 2011)

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Crown Consultation – Going Forward

As CCC, CNSC staff will continue to: • Meet and follow-up with Aboriginal groups, as

appropriate • Maintain a record of consultation/engagement

activities • Review applicant engagement activities • Review comments from Aboriginal groups • Encourage participation in Public Hearings • Summarize Consultation activities via PMD/CMD

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Crown Consultation – Going Forward

Following public hearings, CNSC staff will: • Consult on the JRP Environmental

Assessment Report with Aboriginal groups that participated in the review • Comments brought forward will be sent to the

GIC for their consideration

• Continue engagement through any future licensing phases

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CNSC Staff Role - Summary

During the review, CNSC staff provides: • Technical and Scientific Support

• Provide technical, scientific and regulatory information • Propose IRs on the EIS and LPSC application • Analyze proposed IRs from other parties • Provide staff’s assessment of the IR responses • Respond in a timely fashion to matters directed to CNSC

staff by the JRP and/or Secretariat • Coordinator support

• Crown Consultation • Federal Review Team

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Decision on Licence Application

• If Governor in Council indicates approval, CNSC staff will provide support as the JRP proceeds to a decision on licensing

• If directed, CNSC staff could revise where required, the draft licence and licence condition handbook

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Presentation Summary

• The Mission of the CNSC is to protect the health, safety and security of persons and the environment, and to implement Canada’s international commitments on the peaceful use of nuclear energy

• CNSC ensures responsibilities under the NSCA, CEAA and for the Crown’s Duty to Consult are fulfilled in respect of licence applications

• CNSC staff will provide technical and scientific information and advice to the JRP throughout the process

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