1 - The Nuclear Safety Codes

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Table of content

 Introduction
 International regulation
 Act CXVI of 1996 on atomic energy,
 Act II of 2014 on Hungarian - Russian cooperation in the field of
peaceful use of nuclear energy
• The 1/2022. (IV. 29.) HAEA Decree on the nuclear safety requirements
of nuclear facilities and the related to these authority activities as
amended by HAEA Decree 2/2024 (IV.8.)
 HAEA Decree 5/2022 about the independent technical expert acting in
the field of the application of nuclear energy
Introduction
 The peaceful use of nuclear energy, in accordance with relevant the
international agreements, can only take place within strict legal
frameworks.
 The technical, radiation protection, quality assurance, industrial safety,
physical security, etc. issues are defined in legislation and the technical
regulations constituting their appendices.
 The competent authorities may issue guidelines on methods of
compliance with the individual requirements.
 From January 1, 2022 the HAEA is an "independent regulatory body",
so it issues the relevant legislation on itself.
 The hierarchy of requirements in the field of nuclear requirements is
illustrated by the following pyramid:
HAEA
Decree No.
1/2022
(IV.29)
International regulation
 The peaceful use of nuclear energy was preceded by military application
thereof.
 The International Atomic Energy Agency is destined for promotion of
exclusively peaceful applications.
 The IAEA has elaborated a comprehensive technical regulatory system.
 The most important regulations of the European Union.
 the Euratom Treaty,
 the Community framework for nuclear safety,
 the radiation protection guidelines,
 the safeguards arrangements, and
 provisions on the transfer of nuclear materials.
International regulation – cont.
 Other important forums of the international regulation::
 Committees and programs of OECD Nuclear Energy Agency
 Committee on the Safety of Nuclear Installations (CSNI)
 Committee on Nuclear Regulatory Activities (CNRA)

 Multinational Design Evaluation Programme (MDEP)

 Western European Nuclear Regulators Association (WENRA)


 WWER Regulators’ Forum (in organization of IAEA)
 World Association of Nuclear Operators (WANO)
 Bilateral relations between the operators as well as the authorities
In spite of all the cooperation, it is important that nuclear energy regulation is
basically a national competence.
Act CXVI of 1996 on atomic energy
As it could be seen at the top of the Hungarian regulatory pyramid there is the
Act CXVI of 1996 on atomic energy.
Section 4. (1) Atomic energy shall be used only such a way that does not cause
danger to human life, health of present and future generations, living conditions,
the environment and material goods above a risk level accepted by the society
and necessarily undertaken during the performance of other economical
activities.
An important definition:
Section 2. 7. In this Act: nuclear facility:
a) enrichment facility, nuclear fuel fabrication facility, nuclear power plant,
reprocessing plant, nuclear fuel examination laboratory, research reactor,
training reactor, nuclear critical and other system applied for neutron
multiplication, facility used for storage of fresh nuclear fuel or interim storage of
spent nuclear fuel,
Act CXVI of 1996 on atomic energy – cont.
Section 5. (1) Nuclear safety requirements for using atomic energy shall
be regularly revised and updated taking into account scientific results and
international experiences.
Section 5. (2) Use of atomic energy shall take place in a manner laid
down by laws and under regulatory oversight. The authorities with
competence shall determine the conditions of the safe use of atomic
energy in line with laws and with the consideration of the results of
science and technology.
Act CXVI of 1996 on atomic energy – cont.
According to § 6 (2): The Hungarian Atomic Energy Authority... ensures the
implementation of the tasks contained in this law
The nuclear energy supervisory body is an independent regulatory body that
performs the tasks defined in this Act and other legislation.
 In this capacity, the President of the HAEA issued several important decrees, e.g.
• The 1/2022. (IV. 29.) HAEA Decree on the nuclear safety requirements of nuclear
facilities and the related to these authority activities as amended by HAEA Decree
2/2024 (IV.8.)
 HAEA decree 2/2022. (IV. 29.) OAH decree on protection against ionizing radiation
and the related licensing, reporting and supervising system
 HAEA Decree 5/2022 about the independent technical expert acting in the field of the
application of nuclear energy
 HAEA Decree 7/2022. (IV. 29.) decree on the rules for the activities of technical
experts, designers, technical inspectors and responsible technical managers in
relation to structures and facilities covered by the Act on Atomic Energy
Act CXVI of 1996 on atomic energy – cont.
 10. § (1) The user of atomic energy shall be responsible for the safe
use of atomic energy and the compliance with the safety requirements.
 11. § (2) Only such institutes, organizations and those entities shall
perform activities related to nuclear facilities, to their nuclear systems
and component, and radioactive waste repositories and their systems
and components which have appropriate quality management system
regulated as part of the nuclear safety requirements.
 Procedure of the atomic energy oversight organization – see details
in NSC Volume 1
The NSCs have essentially not changed with the issue of the new HAEA
regulation, as we will cover it in detail in the following presentations.
Act CXVI of 1996 on atomic energy – cont.
 According to Act on t No. VII of 2015 on the investment in relation to the capacity
conservation of the Paks Nuclear Power Plant the Customer of the Investment shall
request all the licensing procedures necessary for its realization.
 In case of licensing activities that have a significant impact on the nuclear safety of a
nuclear facility, the documentation supporting the application shall be evaluated by
an independent expert.
 The authority licenses of a nuclear facility under construction may be modified by the
atomic energy oversight organization, if the content of the request for modification
corresponds to…
 That person is authorized to pursue civil engineering-technical expert, civil
engineering designer, technical building inspector and responsible construction
supervisor activity in relation to structures applied for the use of atomic energy who
certifies at the atomic energy oversight organization his/her suitability to pursue this
activity and who appears in the registry of the atomic energy oversight organization
developed for this purpose. The detailed rules for certification of professional
practice and registration are established by the decree issued by the president.
Act CXVI of 1996 on atomic energy – cont.

 That person is authorized to perform independent technical expert


activity in the scope of the use of atomic energy, who holds an
authorization for performing this activity granted by the territorially
competent professional chamber of engineers determined by the act on
professional chambers. A foreign expert shall pursue expert activity in
the scope of the use of atomic energy only if the atomic energy
oversight organization preliminary acknowledges his/her expert
capacity in advance on ad hoc basis.
 Using of standards is mandatory in supporting the license applications
of a nuclear facility or a radioactive waste repository.
Act II of 2014
 The exact title of the Act: Act II of 2014 on the proclamation of the
Convention between the Government of Hungary and the Government of the
Russian Federation on cooperation in the peaceful uses of nuclear energy.
Subject of the cooperation:
 1.The Parties will cooperate in maintaining and developing the capacity of
the Paks Nuclear Power Plant in Hungary, including the design,
construction, commissioning and decommissioning of two new, 5th and 6th,
units with a VVER (water-cooled, water moderated) type reactors with an
installed capacity of at least 1000 MW for each unit…
Participants of the cooperation:
 (1) on behalf of the Russian Party: „Rosatom” State Atomic Energy
Corporation,
 (2) on behalf of the Hungarian Party: Ministry of National Development;
Act II of 2014 – cont.
Obligations of the Russian Party
(2) preparation of design and technical documentation for the main and auxiliary
facilities of the power plant using computer-aided design program (CAD) and
documentation tools,
(3) preparation of the power plant safety report …
(4) execution of construction and installation works at the power plant facilities;
(5) on-site designer control and supervision of power plant construction requirements;
(6) elaboration of a quality assurance programme;
(7) provision of the necessary for the nuclear island main equipment and technical,
electrical, instrumentation and control systems, instruments, apparatus, tools and
materials in quantities required for commissioning of power plant units;
(13) organization of trainings, retraining and further training for the personnel of the
nuclear power plant and the experts of the Hungarian Party;
Act II of 2014 – cont.
Obligations of the Hungarian Party
(1) provision of accurate initial data for the design and construction of new Paks Nuclear
Power Plant units;
(2) handing over the construction area required for the new Paks Nuclear Power Plant
units;
(3) submission of design documentation related to development of Paks Nuclear Power
Plant for state expert examination, obtaining of subsequent to them expert opinions;
(5) provision of assistance to the Russian Designated Organization and/or Subcontractors
to fulfill their obligations in obtaining special permissions (licenses) in Hungary;
(6) preparation of own part of the design documentation;
(8) elaboration of the technical documentation and manufacturing of equipment in
accordance with the Implementation Agreements;
(12) design and construction of infrastructure facilities on the site of Paks Nuclear Power
Plant;
(19) coordination of production and delivery activities for the equipment manufactured in
Hungary;
Act II of 2014 – cont.
Implementation Agreements
 1. The provisions of Articles ... of the present Agreement shall be the subject of
special agreements (contracts) to be concluded for the execution of the present
Agreement (Implementation Agreements).
Intellectual Property
 1. The Parties shall take all reasonable endeavors required under their respective
legislation to protect intellectual property, including manufacturing secrets (know-
how), acquired and/or used in course of execution of the present Agreement.
 4. The provision of documentation containing the results of intellectual activities or
information on such results does not constitute acquisition of exclusive right to such
results.
 7. The Hungarian Party is entitled to use the results of intellectual activities and
documented information made available by the Russian Party to the Hungarian Party
on data-carriers exclusively for the purposes of the present Agreement in respect of
manufacturing parts of equipment, fast-wearing work pieces and repair equipment.
HAEA decree 1/2022 (IV.29.)
Title of the decree: HAEA Decree on the nuclear safety requirements of nuclear facilities and
on related regulatory activities
1. Scope of the Decree
Article 1. (1) The present decree shall apply to nuclear facilities to be constructed according to
Paragraphs 1-11 and 40-41 of Subsection (2) of Section 17 of the Act CXVI of 1996 on Atomic
Energy (hereinafter referred to as ”Atv”) as well as those already operating within the territory of
Hungary, the systems, structures and components thereof, activities associated with nuclear
facilities and those who perform such activities including radiation protection, the transportation
of radioactive material within nuclear facilities and the systems, structures and components
providing interim storage of radioactive wastes, pressure retaining equipment and pipelines of
nuclear facilities with safety classification, as well as fire protection if nuclear safety is affected,
but exclusively from the point of view of such effects, thus:
2. Competence
Article 2. The nuclear safety authority shall be competent in administrative regulatory cases
subject to the present decree.
HAEA decree 1/2022 (IV.29.)– cont.

3. Nuclear Safety Code

Article 3. (1) Annexes 1 to 10 of this decree contain the Nuclear Safety Code,
which include the nuclear safety requirements related to regulatory procedures
regarding nuclear safety of nuclear facilities, management systems of nuclear
facilities, and the execution and supervision of activities according to the life
cycle of nuclear facilities.
(2) The condition for the granting of an authority license related to nuclear
safety and the acknowledgment of the notification is the fulfillment of the
requirements contained in the Nuclear Safety Regulations
HAEA decree 1/2022 (IV.29.)– cont.
(3) The recommendations related to the fulfilment method of
requirements set out in the present Order are included in guidelines
issued by the nuclear safety authority. The guidelines are published on
the web-page of the nuclear safety authority.
(4) If the licensee submits the application for a nuclear safety-related
license in accordance with the guidelines, and furthermore if the licensee
carries out its activities related to nuclear safety in accordance with the
guidelines, the nuclear safety authority will consider the chosen method
suitable for verifying the fulfillment of nuclear safety requirements, and
will not examine the adequacy of the method used.
(6) The nuclear safety authority, if the assurance of safety of the nuclear facility
made necessary, may specify conditions and obligations in its resolution.
List of the NSC volumes
 Volume 1: Nuclear safety authority procedures of nuclear facilities
 Volume 2: Management systems of nuclear facilities
 Volume 3: Design requirements for operating nuclear power plants
 Volume 3a: Design requirements for new nuclear power plant units
 Volume 4: Operation of nuclear power plants
 Volume 5: Design and operation of research reactors
 Volume 6: Interim storage of spent nuclear fuel
 Volume 7: Site survey and assessment of nuclear facilities
 Volume 8: Decommissioning of nuclear facilities
 Volume 9: Requirements for the design and construction period of a new
nuclear facility
 Volume 10: Nuclear Safety Code definitions
The issued guidelines
 Article 3. (7) Taking into consideration the scientific results, and national
and international experience, the Nuclear Safety Code shall be
reviewed at least every five years and updated as required. The
guidelines shall be reviewed periodically as determined by the nuclear
safety authority or out of turn if proposed so by the licensee.
 Currently, on the HAEA website (http://www.haea.gov.hu) there are 70
valid guidelines for nuclear power plants, e.g.
 N1.7 Licensing documentation for manufacturing and purchasing of nuclear
power system components
 AFN 2.16 Management systems of nuclear power plants and spent fuel storages
 N3a.34 Safety reports of new nuclear power plants
 N3a.37 Designing of unit and back-up control rooms for a new nuclear power
plant
 N3a.39 Architectural design of the containment for a new nuclear power plant
 N9.2 Quality management system for designing a new nuclear power plant
 N9.3 Rules for the use of standards during the construction of a new nuclear
power plant
HAEA decree 1/2022 (IV.29.)– cont.

CHAPTER II
COMMON REQUIREMENTS RELATED TO NUCLEAR FACILITIES

5. Responsibility
Article 5. (1) The licensee shall bear the responsibility for the safety of the
nuclear facility, compliance with nuclear safety requirements, activities related
to the nuclear facility throughout the entire lifecycle of the nuclear facility.
HAEA decree 1/2022 (IV.29.)– cont.
6. Safety objectives
Article 6. (2) It is a general nuclear safety goal to ensure the protection of the
general public, both individuals and groups, and to ensure protection of the
environment against ionising radiation hazards.
Article 6. (3) The radiation protection objective is to keep the exposure of the
employees and the general public at all times throughout the whole lifecycle of
the nuclear facility below the specified limit values, as low as reasonably
achievable. This shall also be ensured for radiation exposure that resulted by
design basis accidents and, as reasonably achievable, by beyond design basis
accidents and severe accidents.
Article 6. (4) The technical safety objective is to prevent or avoid accident
situations with high reliability is.
HAEA decree 1/2022 (IV.29.)– cont.

7. Defence in depth
(3) The five levels of defence in depth are the following:
 a) prevention of deviations from normal operational conditions and faulty actuations;
 b) detection of abnormal operating conditions and prevention that the anticipated
operational occurrences become design basis accidents;
 c) management of design basis accidents according to pre-determined procedures;
 d) termination of accident and severe accident processes and mitigation of their
consequences;
 e) in the case of a significant release of radioactive materials, mitigation of
radiological consequences;
HAEA decree 1/2022 (IV.29.)– cont.
8. Safety policy
Article 8. (1)The licensee shall develop such a written safety policy in which
guarantees that safety is paramount during all activities related to the nuclear
facility. The safety policy shall specify easily observable and unambiguously
worded safety objectives and tasks for their implementation, which shall be
appropriate for the fulfilment of the safety policy and for the continuous
monitoring of the safety performance.
9. Design
Article 10. (1) The characteristics of the nuclear facility, the systems,
structures and components necessary for the controlled management of
anticipated operational occurrences and design basis accidents shall be
determined in the design basis of the nuclear facility, whilst fulfilling the
specified nuclear safety and radiation protection requirements.
HAEA decree 1/2022 (IV.29.)– cont.
CHAPTER III
REGUATORY SUPERVISION
 13. Licensing and approval
 17. § All nuclear facilities and activities related to nuclear safety shall have a
license, approval, acknowledgement or exemption as set forth in the present
regulation.
 § 18. (1) The nuclear facility requires a license from the nuclear safety
authority as detailed in the annexes for
 a) survey and assessment of a site (site survey and assessment licence),
 b) site characterization and suitability determination (site licence),
 c) construction, extension (construction licence),
 d) commissioning (commissioning licence),
 j) construction, demolition and utilization of buildings, building structures and
elevators of buildings of a nuclear facility.
HAEA decree 1/2022 (IV.29.)– cont.
 18 § (2) If it is not provided otherwise in the present regulation, during the phase of the
construction life cycle of nuclear facilities, the license of the nuclear safety authority
according to articles 1.3.1.0200., 1.3.2., 1.3.3., 1.3.4. and 1.3.5. of Annex 1 – topical license
in cases according to article 1.3.1.0300 of Annex 1.- is required for the nuclear systems,
system elements.
 a) manufacturing (manufacturing licence),
 b) procurement (procurement licence),
 c) assembly (assembly licence) and
 d) operation (operation licence)
 15. Inspection and enforcement
 Article 25. (1) In order to maintain compliance with the nuclear safety requirements, in each
phase of the life cycles of nuclear facilities, at least the following shall be inspected by the
nuclear safety authority on a regular, scheduled basis in a manner specified in Annex 1:
 Article 27. (1) In order to enforce the compliance with legal provisions and authority
requirements, if appropriate, the nuclear safety authority shall initiate an enforcement
procedure.
HAEA decree 1/2022 (IV.29.)– cont.

16. Content of the nuclear safety authority procedure


 Article 28. (1) The nuclear safety authority supervises the nuclear facilities
and the activities of the licensees on a continuous basis in order to maintain
nuclear safety.
 Article 28. (3) The nuclear safety authority shall review and assess the
analyses submitted by the licensee, as well as other available technical
documents, taking into consideration all available relevant information.
HAEA decree 1/2022 (IV.29.)– cont.

18. Safety reports, safety assessment


 Article 37. (1) In order to ensure the socially controlled application of atomic
energy, the licensee shall prepare a report on its activity with regard to the
operation and safety of the nuclear facility and the safety-related events
occurring during operation, and the submit this report to the nuclear safety
authority. The licensee shall submit the Preliminary Safety Analysis Report of
the nuclear facility to the nuclear safety authority with the construction licence
application, the preliminary version of the Final Safety Analysis Report in
conjunction with the commissioning licence application, and the Final Safety
Analysis Report in conjunction with the operation licence application
according to the rules specified in Annexes 1, 3, 3/A, 5 and 6.
HAEA decree 1/2022 (IV.29.)– cont.

19. Reporting and notification obligation


 Article 38. (1) The licensee of the nuclear facility shall prepare regular and
eventual reports, and reports assigned to conditions specified in Annex 1 and
shall submit them to the nuclear safety authority.

CHAPTER V
PERIODIC SAFETY REVIEW
 Article 40. (1) Periodic Safety Reviews of the nuclear facility are performed by
the nuclear safety authority every ten years.
HAEA decree 1/2022 (IV.29.)– cont.
CHAPTER VI
EVENT INVESTIGATION AND FEEDBACK OF EXPERIENCE TO IMPROVE
SAFETY
 Article 41. (1) The licensee shall commence the investigation of a reportable
event simultaneously with notification of the event to the nuclear safety
authority.
CHAPTER VII
PREPARATION FOR ACCIDENTS AND NUCLEAR EMERGENCIES
 Article 42. Prior to the commencement of the construction of a nuclear facility,
a site-specific, facility Nuclear Emergency Preparedness and Response Plan
shall be developed and then continuously reviewed.
HAEA Decree 5/2022 (IV.29) about the independent technical
expert acting in the field of the application of nuclear energy
 2. § (1) In addition to the terms set forth in the Atomic Act, an expert may be, who has
 a) specialized professional higher education (professional qualification),
 b) in case of graduation obtained in basic education has at least eight years of
professional practice, while in case of master graduation at least five years of professional
experience.
 4. § In view of 19/B. of § (3b) of the Atomic Act the expert organization shall have the
following personnel:
 a) if within the technical expert area for the activity it intends to perform, there is also a
special area of expertise defined in column B of the table in Annex 2 (hereinafter: special
area of expertise), then at least one more person in relation to each such special field
indicated in the application, or
 b) if within the technical expert area for the activity it intends to perform, there is no special
area of expertise, then at least two additional personally contributing members, employees
or other persons with legal work relationship, authorized to practice profession with
professional experience of at least eight years in the case of a basic education, or at least
five years of professional experience in the case of a master's degree.
HAEA Decree 5/2022 (IV.29) about the independent technical
expert acting in the field of the application of nuclear energy – cont.
 7. § (1) To the application for a license authorizing for performance of expert activity
the following shall be attached:
 a) a copy of the document certifying the required qualification, in the case of a
document issued by a foreign higher education institution, its Hungarian
translation and the decision on its Hungarian registration or recognition,
 b) a detailed description and duration of the professional practice, in the context
of a detailed professional CV,
 c) proof of professional practice, primarily by means of proof of employment or
entrepreneurial activity,
 11. § (1) The task of the expert and expert organization is to assist on the basis of a
contract in the resolution of technical issues arising in the field of application of
nuclear energy with their expert opinion prepared, using the results of scientific and
technical development.
HAEA Decree 5/2022 (IV.29) about the independent technical
expert acting in the field of the application of nuclear energy – cont.
6. A foreign expert
 Section 16. (1) In case of foreign expert as determined in Section 19/D of the Atomic Act the
present Decree shall be applied subject to the derogations provided for in the present Article.
 Section 16. (2) The ad hoc authorization shall entitle the foreign expert to issue an expert
opinion on the basis of such assignment.
 Section 19/D. (1) of the Atomic Act: A foreign expert shall pursue expert activity in the scope
of the use of atomic energy only if the atomic energy oversight organization preliminary
acknowledges his/her expert capacity.
 Section 19/D. (2) of the Atomic Act: In a procedure launched on the acknowledgement of
expert capacity of a foreign expert in the scope of use of atomic energy the applicant shall
certify that in which country’s what expert register and in what field and based on what
qualifications he/she has been registered. The atomic energy oversight organization shall
decide appropriately using the data certified by the applicant and the rules related to the
experts performing expert activity in the scope of the use of atomic energy.
 Section 19/D. (3) of the Atomic Act: That person shall be regarded as foreigner in the use of
this Section, who is not a citizen of a member state of the European Economic Area.
Thank you for your attention!

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