Nuclear Power Regulation: Japan and US compared

Introduction

Nuclear Power is the power produced by nuclear fission or fusion. Nuclear fission implies a nucleus splitting and hitting another particle to release energy while nuclear fusion is the practice of fusing two nuclei to form a heavier nucleus capable of releasing energy. The energy produced in nuclear power plants is often used to produce heat and electricity. Nuclear fission is the more useful of the two processes for these methods. According to the World Nuclear Association, nuclear energy provides approximately 14% of the world's electricity [1]. Many scientists hope to increase use of nuclear power in future generations because they emit no carbon dioxide, effectively aiding in the fight against global warming.

Though nuclear energy does have its benefits, there are many drawbacks as well. First, nuclear power plants require massive amounts of metal and concrete, which require large amounts of energy to produce. Secondly, these power plants release radioactive waste that are a danger to both humans and other organisms. Depending on the half life of the radioactive materials, we can be affect for as little as a few minutes to as much as a few billion years. Radioactivity has the ability to spread in many forms including air, water, and even soil. Because of the hazardous health risks, governments need to employ vigorous regulations.

The number of nuclear regulations have only grown since the increase in nuclear accidents including Chernobyl, Three Mile Island, and most recently Fukushima. Regulations can cover areas such safety systems, testing and maintenance, training and skills, and waste disposal [2]. The chance of a nuclear power plant meltdown in the United States after 1979 (Three Mile Island) is extremely slim because of the FIND NUMBER OF PERMITS NEED IN THE US AND JAPAN

United States

Background

Three Mile Island Nuclear Reactor.

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 [3].

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 [4].

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 [5].

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 U.S. Environmental Protection Agency (EPA) and gave it a role in establishing general environmental standards for the protection of the environment from radioactive material. Reorganization Plan No.1 (1980) strengthened the role of the NRC in terms of policy formation and rule making.

Energy Reorganization Act of 1974

The Energy Reorganization Act split the functions of the Atomic Energy Commission into two programs; the Department of Energy (DOE) and the Nuclear Regulatory Commission (NRC). Through this act, the NRC was given responsibility of all regulations while 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 and strengthens 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

History of Nuclear Power in Japan

A research program into nuclear power was established in 1954 when 230 million yen were budgeted to fund the energy and can partly be attributed to Japan’s dependence on imports for over 50% of its energy. This funding was not without stipulation, and the Atomic Energy Basic Law (1955) introduced a year later introduced 3 goals for nuclear research: democratic methods, independent management, and transparency. This law limited the harnessing of nuclear power to times of peace.

The Atomic Energy Commission and two lesser groups, Japan Atomic Energy Research Institute (JAERI), Atomic Fuel Corporation, and Science & Technology Agency, (1956) were founded to promote development and use of nuclear power around the country. The first reactor was a boiling water reactor (BWR) built by GEC and imported from the United Kingdom in 1966. It remained in use until 1998. In 1970, the country built 3 more reactors: pressurized water reactors (PWR’s) and light water reactors (LWR’s). Next, Japan began importing designs from the United States which were in part constructed by Japanese companies.

A strong native base for nuclear construction was built throughout the 1970s as a few Japanese companies, including the well-known Mitsubishi, Toshiba, and Hitachi, became capable of constructing reactors without imported designs or parts. However, there were no standard designs of LWR’s, and so the successful LWR Improvement & Standardization Program was established in 1975 by the Ministry of International Trade and Industry (MITI) to regulate design and improve average capacity, which hovered around 46% from the 1950s-70s, by 1985. A three-phase program was implemented:

1. Modification of BWR to improve operation
2. Modification of PWR to improve operation
3. BWR and PWR designs changed and size of reactors increased to Advanced BWR and PWR’s.

Power Reactor and Nuclear Fuel Development Corporation (PNC) was begun in the late-90s to explore new uranium sources (because while nuclear reactor construction is a domestic industry, uranium fuel remains, like much of Japan’s energy, an import) as well as methods for high-level waste disposal, among other responsibilities. However, PNC did not fulfill government expectations after two accidents, and in 1998 was re-fabricated as the Japan Nuclear Cycle Development Institute (JNC). JNC was put in charge of the present day’s hotly contested fast-breeder reactor program (FBR).

JNC and JAERI became one unit, the Japan Atomic Energy Agency (JAEA) in 2005 [6].

As of early March 2011, Japan has 54 functioning nuclear power plants. 30 more were in the works for completion by 2030.

Reason for strong nuclear power support: can be traced back to World War II. To compete with other developing nations, necessary for Japan to break its import-energy dependence. The economy was rapidly changing, and domestic and imported coal and oil could not keep up.Corporations like Mitsubishi, Hitachi, and Toshiba, backed government nuclear policy and programs because it offered the chance for business expansion through construction [7].

References

1. "World Energy Needs and Nuclear Power," World Nuclear Association, http://www.world-nuclear.org/info/inf16.html (Accessed April 28, 2011).
2. "Nuclear Power Explained: Nuclear Power and the Environment," U.S. Energy Information Administration, http://www.eia.gov/energyexplained/index.cfm?page=nuclear_environment (Accessed April 28, 2011).
3. "Accident at Three Mile Island," Almanac of Policy Issues, http://www.policyalmanac.org/environment/archive/three_mile_island.shtml (Accessed April 25, 2011).
4. "US Nuclear Power Policy," World Nuclear Association, http://www.world-nuclear.org/info/inf41_US_nuclear_power_policy.html (Accessed April 24, 2011).
5. "Our Governing Legislation," U.S. NRC, http://www.nrc.gov/about-nrc/governing-laws.html (Accessed April 24, 2011).
6. "Nuclear Power in Japan," World Nuclear Association, http://www.world-nuclear.org/info/inf79.html (Accessed April 28, 2011).
7. Drash, Wayne, "Why Japan Relies on Nuclear Power - CNN," CNN World, http://articles.cnn.com/2011-03-14/world/japan.nuclear.history.qa_1_nuclear-power-power-plants-reactor?_s=PM:WORLD (Accessed April 28, 2011).
8. http://www.nuclearhealth.org/