Nuclear Power Regulation: Japan and US compared

United States

Background

On March 28, 1979 the Three Mile Island Unit 2 nuclear power plant malfunctioned, leading to the most serious U.S. commercial nuclear operating accident in United States history.There were no deaths or injuries due to the incident; however, there were numerous changes to training, engineering, emergency response, and radiation protection.

Ever since the TMI accident in 1979 there has been no newly licensed or built nuclear reactors. The United States government still has 18.5 billion dollars in federal loans guaranteed for additional nuclear power plants. Obama has plans to increase the loans to 54 billion dollars. However, there is a very large fear and uncertainty in the market, preventing people from taking advantage of these loans in addition to a high cost of implementing a nuclear power plant.

Currently, there are 104 nuclear power plants in the United States. These plants are governed by the Nuclear Regulatory Commission(NRC) which provides legislation laws that nuclear power plants must abide by.

Policies

Civilian Use

Atomic Energy Act of 1954

The Atomic Energy Act governs both military and civilian uses of nuclear materials and facilities and gives the NRC the power to enforce and provide standards for these uses. It provides the regulation for these uses and demands a civilian license for them. This policy declares that atomic energy shall only be used to either, improve the general welfare, promote world peace, strengthen competition and private enterprise, or to raise the standard of living. “The Commission may deem necessary or desirable In order to protect health and safety and minimize danger to life or property.

Reorganization Plans of 1970

Established the US Environmental Protection Agency and gave it a role in establishing generally applicable environmental standards for the protection of the general environment from radioactive material” Reorganization Plan No.1 (1980) strengthened the role of the NRC in terms of policy formation and rulemaking.

Energy Reorganization Act of 1974

The Energy Reorganization Act split the functions of the Atomic Energy Commission into two programs; the Department of Energy and the NRC. Through this Act the NRC was given responsibility of all regulations while the DOE was given oversight for the development of nuclear weapons and promotion of nuclear power.

Nuclear Waste

Uranium Mill Trailings Radiation COntrol Act of 1978

This Act manages programs for the control and stabilization of both active and inactive uranium mill tailings. This management will prevent or minimize the diffusion of radon into the environment.

Nuclear Waste Policy Act of 1982

The Nuclear Waste Policy Act states that it is the job and responsibility of the federal government to create a place for the permanent disposal of spent nuclear fuel and high-level radioactive waste. It also emphasizes that while it is the government’s responsibility to provide a place for the waste, it is the financial responsibility of the generators for this disposal.

Low-Level Radioactive Waste Policy Amendments Act of 1985

This act declares that it’s the State’s responsibility to manage low-level radioactive waste in their states. This must be regulated by the NRC and allows them to form contracts with other states to have one facility for multiple states by which the NRC must also approve. Lastly, it requires the NRC to establish standers for radionuclides present in waste streams within the states.

Non-Proliferation

Nuclear Non-Proliferation Act of 1978

The Nuclear Non-Proliferation Act implements standards for the reduction of the amounts of nuclear weapons throughout the nation through licensed NRC exports. This also promotes international safety.

Laws Governing Regulatory Agencies

Administrative Procedure Act

The Administrative Procedure Act governs the rulemaking processes of the administrative agencies. This act includes:

1. Requirement of sufficient notice of the rules are given so that a chance to appeal those rules in a professional hearing is provided
2. The Freedom of Information Act which states that all facets of NRC operations must be public
3. The Privacy Act which restricts the public from having knowledge regarding specifics of an individual.
4. The Negotiated Rulemaking Act which permits consensus rulemaking through negotiation to avoid litigation
5. The Administrative Dispute Resolution Act, which promotes the use of arbitration or mediation in place of enforcement or court litigation.
6. The Regulatory Flexibility Act, which requires the concerns of small groups, be included in the rule making process.
7. The Congressional Review Act which states that all rules must but approved by Congress sixty days before being put into effect.

National Environmental Policy Act

The National Environmental Policy Act states that every major law regulation that could affect the environment must include an environmental impact assessment to the proposed action.

Japan