1 Technical Meeting on Managing the Development of a National Infrastructure for Nuclear Power SECURITY STATUS IN CHILE Mauricio Lichtemberg Chilean Nuclear

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Technical Meeting on Managing the Development of a National Infrastructure for Nuclear Power

SECURITY STATUS IN CHILE

Mauricio LichtembergChilean Nuclear Energy Commission International Atomic Energy Agency

Vienna, February 2010

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CONTENT BACKGROUND NATIONAL THREAT ASSESSMENT RESPONSE FORCE LEGISLATIVE ASPECTS REGULATORY ASPECTS ENHANCEMENT INITIATIVES OPERATIONAL INITIATIVES CCHEN ORGANIZATIONAL STRUCTURE AUTHORIZATION PROCESS

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BACKGROUND Chile does not have nuclear power installations But it has the following nuclear facilities:

One operative material testing reactor of 5 MWth; Another of 2 MWth in extended shutdown condition; A Fuel Element Production Plant for both Research

Reactors; A Chemical Conversion Facility licensed to convert

UF6 to U metallic.

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BACKGROUND Chile enacted its Nuclear Safety Law

Nº 18.302 on May 2, 1984.

Regulation No. 87/84 on the “APPROVES REGULATIONS FOR THE PHYSICAL PROTECTION OF NUCLEAR INSTALLATIONS AND NUCLEAR MATERIAL”, establishes the requirements and conditions of the physical security plans that any nuclear facilities have to implement.

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BACKGROUND

On April 27, 1994 Chile subscribed the "Convention on the Physical Protection of Nuclear Material" (Decree No. 1121, issued on 17 October 1994).

In 2009 accepted (at present in the process of being promulgated) the "Amendment to the Convention on the Physical Protection of Nuclear Material”, which incorporates nuclear facilities under its scope to prevent the dangers posed by the unlawful taking and use of nuclear materials.

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NATIONAL THREAT ASSESSMENT

• DBT analyses all potential threats. It was defined by a joint committee that includes institutions such as the National Agency of Intelligence (ANI), the Chilean Army, the Chilean Police, Customs’ Intelligence Unit and Chilean Nuclear Energy Commission.

•La Reina and Lo Aguirre Nuclear Centres have a system of physical protection for their nuclear facilities and materials based on the Design Basis Threat (DBT).

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RESPONSE FORCE

By Law Decree Nº 1.507, the Chilean Army, in particular the Battalion

No.1 of the Military Police is responsible for the protection of

sites with nuclear facilities (CCHEN nuclear centers).

For these sites, the main functions of the Battalion are: access control,

surveillance and response to a malevolent act. To achieve these objectives,

the Army provides personnel for permanent guards at the main gate and for

patrol around the site perimeter and exterior of buildings.

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RESPONSE FORCE (cont.)

In addition, the Army is responsible for ensuring appropriate response to

emergency situations regarding security.

The technical aspects of the physical protection system, such as barriers,

intrusion detection and surveillance devices, are under CCHEN responsibility .

As a rule, military personnel are not allowed to enter to nuclear facilities.

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LEGISLATIVE ASPECTS

Nuclear Safety Law, No.18.302 (amended by Law No. 18.730 and

Law No.19.825 and Law Nº 20.402) establish responsibilities for Chilean

Nuclear Energy Commission (CCHEN) and the Ministry of Energy on the

regulation, supervision, monitoring and control of the activities related to the

peaceful uses of nuclear energy and to nuclear installations and the nuclear

substances and radioactive materials used in them including their transport.

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LEGISLATIVE ASPECTS

In particular, Article 4 of the law Nº 18.302 defines:

• CCHEN as the Competent Authority for the construction,

commissioning, operation, closure and decommissioning of nuclear

installations, plants, laboratory centers, establishments and facilities.

• Ministry of Energy as Competent Authority for issuing authorizations

for Nuclear Power Plants, Enrichment Plants, Reprocessing Plants and

Storages for final disposal of radioactive waste.

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LEGISLATIVE ASPECTS

Finally, Article 12 establishes that “To avert damage that may arise from

the theft, robbery or loss of nuclear substances, nuclear installations,

plants, centers and laboratories, must have physical protection measures

in place, and their operator have to adopt the security measures required

by the regulations and, in each case, by the authorization issued by

CCHEN or Energy Ministry”.

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REGULATIONREGULATORY ASPECTS

CCHEN is responsible for proposing the regulation in this area and establish

the rules that define the physical protection systems for nuclear materials in

the country.

Decree No.87/84, 24 December 1984, “APPROVES REGULATIONS FOR

THE PHYSICAL PROTECTION OF NUCLEAR INSTALLATIONS AND

NUCLEAR MATERIAL”, establishes CCHEN is the Competent Authority to

carry out the evaluation, authorization and control functions of the physical

protection plans required for the national regulation.

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REGULATIONREGULATORY ASPECTS

Furthermore, this decree covers theft and sabotage issues, provides a

classification of nuclear material and a detailed description of the types and

levels of physical protection to be implemented by the operators. In particular,

the decree establishes the need for a physical plan, details its content and the

basis for granting the authorization by CCHEN.

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ENHANCEMENT INITIATIVES1. NUCLEAR LAW

A proposal of a new Nuclear Law is under development that

considers an authority with competence on Safety and Security

issues .

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ENHANCEMENT INITIATIVES2. REGULATION

A draft regulation reviewing the decree Nº 87/84 was presented to

the Ministry of Mining. Among others issues, this decree covers

the physical protection of nuclear material during transport.

This proposal provides consistent requirements with the

INFCIRC/225/Rev.4 (amended). It ensures an appropriated

protection to the information provided in the operator's physical

protection plans.

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ENHANCEMENT INITIATIVES

3. Guides and standards

A proposal of guides and standards according to the regulations and the Design Basis Threat already defined will be developed by CCHEN .

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OPERATIONAL INITIATIVES

To formally constitute an interagency committee for nuclear security policy making devoted to define its roles, structure, responsibilities and reporting requirements;

To perform a threat assessment for each nuclear facility; To define Design Basis Threat (DBT); To incorporate DBT into the Regulatory Framework; To categorize the nuclear material of each nuclear facility,

and To design and implement a Physical Protection System for

each facility.

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CCHEN ORGANIZATIONAL STRUCTURELEGAL LEGAL

FRAMEWORKFRAMEWORK

NUCLEAR SAFETY LAW Nº 18.302

DECREE Nº 87

Art. 1 Art. 1 It corresponds to CCHEN as the organization in charge of the nuclear safety and radioprotection, with the functions of:

•Evaluation,

•Authorization

•Control of the Physical Protection of Nuclear Facilities and Materials Plan

DSNR Regulatory Body

DPRAOperator Advisor

Art. 5 Art. 5 Corresponds to the Operator andelaborates that the physical protection of the facilitymust have:

•Physical Design of the facility from the physicalprotection of Nuclear Materials point of view.

•Layout of equipment and security instruments.

•Physical Protection of Nuclear Materials Plan.

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AUTHORIZATION PROCESSLICENSING

Decree No.87/84 clearly defines the need and the content of a physical protection plan, and establishes that the licensing process should include an assessment of this plan for granting a formal authorization of the physical protection system implemented by the

operator.

ActionsTo update an internal standard dedicated to regulate the licensing process (NCS-GG-02)

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INSPECTIONIn accordance with its own procedures DSNR inspects the physical protection measurements implemented by the operators.

ACTIONSTo develop internal procedures describing the inspection process, in particular the administrative procedures and acceptance criteria for equipment.

Documents

1 Technical Meeting on Managing the Development of a National Infrastructure for Nuclear Power SECURITY STATUS IN CHILE Mauricio Lichtemberg Chilean Nuclear