IAEA R2D2 PROJECT

PROGRESS REPORT OF MALAYSIA

0. Introduction

The Research Reactor Decommissioning Demonstration Project (R2D2P) was developed to provide a platform for training and exchange of information, experience and good practices on the decommissioning of research reactor, including in particular “hands-on” experience. The scope included all aspects of the decommissioning process of research reactors, from establishing a legal and regulatory infrastructure to the final release of the facility from regulatory control, including the management of decommissioning waste. Malaysia as one of the participating country in this project have gained a lots of knowledge and experiences. The project lasted from 2006 to 2015 and coming to a close, the following progress report of Malaysia have been prepared to IAEA regarding the progress that implement by regulator and licensee during the duration of the project.

1. Identification

1.1 Country Name: Malaysia

Information on the current Situation is stated in Table 1.

Table 1: Current decommissioning situation

Names of facilitiesFacilities still requiring a decommissioning plan Reactor TRIGA Mk. II PUSPATI (RTP)

Malaysian Nuclear AgencyFacilities having a decommissioning plan Note: Decommissioning Plan for RTP

completed, pending approval and endorsement.

Facilities with a decommissioning plan reviewed by the regulator

NA

Facilities shutdown and awaiting decommissioning NAFacilities being under decommissioning NA

1

1.2 Current Licensee and Regulatory body:

Regulatory Body: Atomic Energy Licensing Board (AELB)Licensee: Malaysian Nuclear Agency (MNA)

It should be noted that, AELB and MNA are different organization but was placed under same Ministry which is Ministry of Science, Technology and Innovations (MOSTI). Both agencies report to the same Minister and funded by the same Ministry. Partly, both agencies are independent but not in total.

(See Attachment 1: Organization chart of MOSTI and Agencies under MOSTI) including AELB and MNA.

Responsibilities of regulator

Atomic Energy Licensing Board (AELB) as a regulator for decommissioning is responsible to:

a. Review and endorse decommissioning plan (DP) that will be submitted by MNA. The DP should be approved by the Safety, Health and Environment Committee (SHE) within Nuclear Malaysia Agency before submission to the RB;

b. Monitor the changes of approved DP (if any);c. Monitor and supervise the implementation of decommissioning activity, ensuring it

in accordance with approved DP;d. Ensure the safe implementation of decommissioning activity including protection of

workers, public and the environment.

Responsibilities of Licensee

MNA as the operator of the research reactor and the licensee for decommissioning is responsible to:

a. Selecting a decommissioning strategy as the basis for preparing and maintaining the decommissioning plans (i.e. the initial decommissioning plan and the final decommissioning plan) throughout the lifetime of the facility;

b. Preparing and submitting an initial decommissioning plan and its updates for review by the regulatory body;

c. Estimating the cost of decommissioning actions and providing financial assurances and resources to cover the costs associated with safe decommissioning, including the management of the resulting radioactive waste;

d. Notifying the regulatory body prior to the permanent shutdown of the facility;e. Submitting a final and approved decommissioning plan and supporting documents

for review and endorsement by the regulatory body, in accordance with national regulations, in order to obtain an authorization to conduct decommissioning;

2

f. Managing the decommissioning project and conducting decommissioning actions or ensuring oversight of the actions conducted by contractors;

g. Managing the remaining operational waste from the facility and all waste from decommissioning;

h. Ensuring that the facility is maintained in a safe configuration during the period of transition following permanent shutdown and until the approval of the final decommissioning plan;

i. Performing safety assessments and environmental impact assessments in support of decommissioning actions;

j. Preparing and implementing appropriate safety procedures, including emergency plans.

k. Ensuring that properly trained, qualified and competent staffs are available for the decommissioning project;

l. Performing radiological surveys in support of decommissioning;m. Verifying that end state criteria have been met by performing a final survey;n. Keeping and retaining records and submitting reports as required by the regulatory

body.

2. Legal and Regulatory Aspects

2.1 Has your national legal and regulatory framework been changed from 2006 up to now? If yes, please explain the details of such changes.

Yes, there are several changes and progress being made to strengthen the legal and regulatory framework. Currently, there are one act called Atomic Energy Licensing Act 1984 (ACT 304) in place, supported by regulations which are Radiation Protection (Licensing) Regulations 1986, Radiation Protection (Transport) Regulations 1989, Radiation Protection (Appeal) Regulations 1990, Atomic Energy Licensing (Basic Safety Radiation Protection) Regulations 2010 and Atomic Energy Licensing (Radioactive Waste Management) Regulations 2011. Both Act 304 and Regulations are mandatory for licensee to follow.

Atomic Energy Licensing (Radioactive Waste Management) Regulations developed in 2011 was one significant evidence of legislative progress influenced by R2D2 project. This Regulations provide several provisions related to the management of accumulated wastes resulted from a demolition and decommissioning of facilities using radioactive materials during its operational period.

3

Both Act 304 and Regulations are mandatory for licensee to follow. Other than Regulations, there are also non-mandatory documentations as follows:

i. Guidelines for Decommissioning of Facilities Contaminated with Radioactive Materials (LEM/TEK/56).

ii. Guidelines for Decommissioning of Mineral Radioactive Processing Facilities (LEM/TEK/38)

Following the awareness to strengthen and increase the effectiveness of the legal and regulatory framework, a new Bill was drafted and planned to be tabled in the Parliament at end of this year. In addition to this, a total of 10 Regulations, 1 Regulatory Requirement and 9 Guidelines document were developed, covering all aspects of Safety, Security, Safeguards and Nuclear Liability:

1. Atomic Energy Regulatory (Authorization of Nuclear Installation) Regulations.2. Atomic Energy Regulatory (Nuclear Liability Financial Security) Regulations.3. Atomic Energy Regulatory (Community Benefits) Regulations.4. Atomic Energy Regulatory (Nuclear Non-Proliferation (Safeguards)) Regulations.5. Atomic Energy Regulatory (Authorization and Management of Spent Fuel and

Radioactive Waste) Regulations.6. Atomic Energy Regulatory (Security of Nuclear Material and Nuclear Facilities) Regulations.7. Atomic Energy Regulatory (Authorization of Radiation Sources Applications) Regulations.8. Atomic Energy Regulatory (Financial Resources for Facility Operator,

Decommissioning and Radioactive Waste Management) Regulations.9. Atomic Energy Regulatory (Fee for Authorization of Nuclear Installation) Regulations.10. Atomic Energy Regulatory (Classification of Authorization and Authorization Fees)

Regulations.

11. Regulatory Requirements for Site Evaluation of Nuclear Power Plant.

12. Guidelines for Site Evaluation of Nuclear Power Plant.13. Guidelines for Preparation of EIA for NPP.14. Guidelines for Preparation of RIA for NPP.15. Guidelines for Preparation of SAR for NPP.16. Guidelines for Authorization and Oversight of Nuclear Installation.17. Guidelines for Application and Acceptance of Compliance Requirements for Design

and Construction of Nuclear Power Plants.18. Guidelines for Public Participation on Major Regulatory Decisions.19. Guidelines for Implementing Safeguards Agreement and Additional Protocol in Malaysia.20. Guidelines for Preparation of Waste Management Strategy including Safety Cases.

4

The objectives for developing these legislations are to strengthen the existing laws, should Malaysia will embark for nuclear power for electricity generation in the future. Even Malaysia will not going for nuclear, this strengthening program were very relevant in order to ensure our legislative framework are in accordance to the latest IAEA standards and recommendations, as well as the international best practices.

The current regulatory body (AELB Department) was also being strengthened through the approval of department's restructuring programme. A total number of 85 staffs were added to the existing structure, together with additional operation budget and development budget.

2.2 Have those changes been influenced by the R2D2Project? Please explain why those changes have been made.

Indirectly the changes was influenced by the R2D2 Project. The national authority realized the weaknesses within the existing laws, the need to strengthened it to cater regulatory supervision covering complete cycle of nuclear installation (cradle to grave), the need for operating organization to update their Decommissioning Plan to include every essential elements (i.e: decommissioning approach and strategy, site and facility investigation and characterization, financial aspect and establishment of decommissioning fund, technology to be apply, costs estimation, components dismantling, waste management and waste disposal facility etcetera).

The following aspects are of particular interest:

i) Clear allocation of responsibility of licensee and regulatory body for decommissioning

Provision under the Bill and draft Regulation were being reviewed to differentiate the responsibility of regulatory body and operating organization for decommissioning of nuclear facilities;

Example:

Draft Bill specifies the responsibilities of the licensee in the decommissioning activity, for example:

“In implementing decommissioning activities at a facility, the licensee shall be responsible for-

(a) ensuring the protection of the health, safety and welfare of the public, workers and the environment;

(b) conducting a radiological survey of the site;

5

(c) informing the Commission two months in advance prior to shutting down the facility; and

(d) submitting an application to decommission the facility with a proposed final decommissioning plan within two years of ceasing operation.”

On the other hand, the responsibility of regulatory body also specify under the draft Bill, for example:

(i) The regulatory body will need to develop regulatory requirements and guidelines for all stages of the decommissioning process;

(ii) The basic structure and contents of the decommissioning plan should be codified by regulatory body;

Another example would be by referring to the current regulation on Radioactive Waste Management, 2011 (P.U.(A) 274), it does not explicitly specifies the responsibilities of the licensee and the regulatory body except for the following:

Therefore, provisions under the draft Bill and draft Regulation were reviewed to differentiate the responsibility of regulatory body and Operating Organization.

ii) Ensuring the independence of the regulatory body

Realizing the existence of regulatory body and operating organization is not totally independence, the new Bill was proposing for the establishment of entity that will play a role as the new regulatory body and placed under different Ministry from operating organization. The current regulatory body will be absorbed into the proposed entity.

iii) Development of licencing requirements / regulations

Apart from the existing legislations and out of 20 legislations document as listed above, some of them are directly or indirectly related to decommissioning of nuclear facilities, for example:

6

i. Atomic Energy Regulatory (Authorization and Management of Spent Fuel and Radioactive Waste) Regulations.

ii. Atomic Energy Regulatory (Security of Nuclear Material and Nuclear Facilities) Regulations.

iii. Atomic Energy Regulatory (Financial Resources for Facility Operator, Decommissioning and Radioactive Waste Management) Regulations.

iv. Guidelines for Preparation of SAR for NPP.v. Guidelines for Preparation of Waste Management Strategy including Safety Cases.

iv) Establishing a clearance policy with quantitative data for clearance and the same for the release of buildings and sites. Any other item may be reported.

National Policy for the Safe Management of Spent Fuel and Radioactive Waste was drafted and being reviewed by the government. This policy underline government commitment to ensure spent fuel and radioactive waste will be treated safely to avoid any unnecessary hazards to the workers, people and environment.

The policy was also supported by the draft Bill and Regulations. For example, the clearance level of radioactive material is stipulated under the draft Bill and further elaborated in the Atomic Energy Licensing (Radioactive Waste Management) Regulations in 2011.

Drafted regulation and guidelines document also defining the clearance level for waste, requirement for disposal, closure and post-closure of waste management facility.

3. Decommissioning Planning

3.1 Is a decommissioning plan (DP) in place or in preparation? / If so, please describe the details. / When was the DP established and / or amended? / Has the work on the DP been influenced by the R2D2P? / If so, describe the points which were influenced.]

es, a final draft of the Initial Decommissioning Plan is now ready to be submitted to the AELB after approval is obtained from the internal review committee, namely the Committee of Safety, Health and Environment (JKSHE). The Decommissioning Plan was initiated in 2009 as a direct result from the participation in the R2D2P.

The meeting on Review of a Decommissioning Plan (Bucharest-Magurele, 2009), has given the guidelines of the content and the issues that need to be addressed in a Decommissioning Plan. Following the meeting, the first task that was carried out in Malaysia in order to prepare the plan was characterizing the facility.

7

Currently, the final draft of the Decommissioning Plan consists the following chapter:

Description of RTP Research Reactor Regulatory requirement Waste management plan Decommissioning activities and tasks Safety assessment Environmental assessment Project Management Cost estimate and funding mechanism Radiation protection program Surveillance and institutional control Emergency planning Final radiological survey

3.2 Has progress been made on the following issues relevant to a DP:

3.2.1 Characterization: [describe the progress in the detail from 2006 up to now. / Has the work been influenced by the R2D2Project? / If so, describe the points which were influenced.]

Yes, characterization was the first task carried out in relation to preparing the Decommissioning Plan. Characterization work that was carried out involved collation of facility layout, engineering drawings, and radiological history. No actual physical characterization such as core sampling and contamination level is carried out as the facility is currently in operation.

3.2.2 Cost estimation and funding: [describe the progress in the detail from 2006 up to now. / will funds be available when needed and how is that ensured? / Has the work been influenced by the R2D2P? / If so, describe the points which were influenced.]

Cost estimation of the decommissioning activities is generated using CERREX Spreadsheet (Cost Estimation for Research Reactor Decommissioning) which was obtained through the IAEA DACCORD project. The estimate has now completed. Many factors and criteria were considered in the estimates, as listed below, however, inflation and insurance of the workers will be taken into account in future.

The activities considered in the cost estimation are:

1. Pre-decommissioning action2. Facilities shut down activities3. Additional activities for safe enclose or entombment

8

4. Dismantling activities within the controlled area5. Waste processing, storage and disposal6. Site infrastructure and operation7. Conventional dismantling and demolition and site restoration8. Project management, engineering and support9. Research and development10. Fuel and nuclear material11. Miscellaneous expenditure

The total cost estimates: USD 10.6 million

Yes, all the funds will be borne by the government as RTP is one of the government facilities. This estimate is very useful to be used as an indicative number in the process of budget application later.

3.2.3 Safety assessment: [describe the progress in the detail from 2006 up to now. / Has the work been influenced by the R2D2P? / If so, describe the points which were influenced.]

Provision for safety assessment includes the safety precaution in high radiation material, negative pressure in the working area, avoid cross-contamination and spreading of radiation material, and the special designation of equipment to handle waste. The relevant hazard should be furthered quantified and their associated consequences on workers and the public should be evaluated, complemented by end engineering analysis.

Yes, the R2D2P has given the knowledge needed related to safety assessment during the decommissioning project. The participants learnt from the lecture as well as from the observation during the workshop on how to meet the safety requirement.

3.2.4 Is the management of decommissioning waste integrated into the decommissioning activities, i.e. clearance of waste and materials, processing, storage and disposal of radioactive waste? [Describe the progress in detail from 2006 up to now. Has the work been influenced by the R2D2Project? / If so, please provide the details.]

One of the impacts of R2D2P is that the national strategic plan for waste management such as the National Repository development will take into account the radioactive waste arising from the decommissioning activity. The strategic plan is bound in the Radioactive Waste policy which was drafted in 2012, and is currently under stakeholders’ deliberation.

All waste streams during the decommissioning are considered in the Waste Management Plan that covers scheduled waste as well as other industrial waste. The suitable place to dispose ILW such as graphite and other core internals are now under surveyed. The siting

9

for the Low Level repository is covered under Technical Co-operation Project MAL 9015 (from year 2014-2016).

3.2.5 Infrastructure (Records Management and Quality Management System etc.): [describe the progress in detail from 2006 up to now]

The workshop in Magurele, Bucharest in June 2015 had showed a very good example on how storage facilities should be; both the hardcopy and the softcopy storage. At the moment, the room that stores the documents and data is deemed insufficient to protect from unintended accidents that might occur such as fire. The condition where the documents are currently stored is believed to be not suitable in the long run, as humidity and pH level should be controlled in the room. Most of the old documents and data are available in hard copies but Malaysian Nuclear Agency is currently in the process of digitizing them in order to have softcopies of these documents for record keeping.

3.3 Regulatory review: [Has the DP mentioned above been reviewed / authorized by the regulatory body? /If so, has the review been influenced by the R2D2Project? / describe the points which were influenced.]

The final draft has been completed and pending submission to the regulator. In 2014, a presentation was made before the regulator on the progress of the Decommissioning Plan, which was during the Task Force Meeting on RTP Research Reactor. Among the issues discussed were the content of the plan and the timeline of submission.

It is clear that the R2D2 Project has helped both the regulator (AELB) and operator (Nuclear Malaysia) in developing their capability and capacity in the field of decommissioning, particularly Decommissioning Plan.

3.4. Licensing of a decommissioning project: [Has a project been licensed? / describe the progress in detail from 2006 up to now]

The project has not been licensed as there is still no decision to decommission the reactor. No decision as yet from the government to implement the decommissioning project.

However, through the R2D2 project, the requirement to license such decommissioning project is clearly recognized and the licensing process should be carried out in a timely manner. Such provision is also stipulated in the draft regulation.

10

4. Implementation

Implementation of a DP: [Please describe the progress made in the implementation of a DP in your country by facility. / Is the progress in line with the DP up to now? / Has the implementation been influenced by the R2D2Project? / If so, describe the points which were influenced.]

No implementation of the DP is carried out as the RR is still in operation status.

Regulatory oversight: [Has the regulatory oversight such as inspections during the project implementation been carried out? / If so, please describe the context. / Has the oversight been influenced by the R2D2Project? / describe the points which were influenced.]

No inspection being made since there is no decommissioning activity being executed

5. Planned future activities / strategic decisions

Please report planned future activities and strategic decisions, including items that are still pending and where a decision is planned to be taken (when?).

Planned future activities are as the followings:

i. Present first final draft to JKSHE Committee for endorsement and follow by submission to RB for approval;

ii. Contribute as stakeholders in the development of the National Policy on Safe Management of Spent Fuel and Radioactive Waste. Deliberation on the policy is expected to recommence in 2016.

iii. Collate data / report retain record appropriately; Continual activityiv. Identifying suitable technologies to be used in the facility for the purpose of

decommissioning. v. DP is to be updated and to include any new research set-ups such as DNAA. Update

of DP will be carried out periodically or as necessary.vi. Hazard analysis and survey are to be done in order to identify possible hazard inside

and surrounding of the reactor.vii. Plan training programs for personnel that are related with decommissioning

activities. viii. Develop suitable procedures for decommissioning

11

6. Other items

Please report any other item in the area of research reactor decommissioning which is important to you and has not been addressed by the topics above, including progress of other activities, e.g. Technical Cooperation Projects.

Other items:

i. Malaysia had implemented an Expert Mission on the Integrated Safety of Research Reactor (INSARR Mission) in 2014. One of the points of discussion was on the decommissioning which was described in Chapter 19 of the Safety Analysis Report.

ii. Malaysia also took part in the DACCORD project (2014-2015) which was aimed to estimate the cost for the decommissioning of the reactor. In this project, CERREX spreadsheet/model was used as the tool to calculate the costs.

7. Concluding remarks

How much input has been received through the R2D2Project? [Please specify the importance of the R2D2 Project in your national work on decommissioning of research reactors in your own words. Was it justified to spend the money for the execution of the R2D2Project and to dedicate the vast amount of time to the project workshops?]

There are lots of important knowledge and experiences gained by Malaysia through participation in this project. The knowledge and experiences was then transferred into the drafted law, in order to strengthen the national legal framework in relation to decommissioning activity. The R2D2 Project had also assists Malaysia to structurally prepare the initial Decommissioning plan for RTP Research Reactor. Obviously the funding that allocated to the project is justified and worth-spending, in which participating countries was benefited from the project. In over all, R2D2P was very essential in the preparation of national decommissioning plans and this project was nicely designed and initiated timely.

Prepared by:

Ibrahim MUHAMAD (Atomic Energy Licensing Board)

Norasalwa ZAKARIA (Malaysian Nuclear Agency)

12

Najihah MAT LAZIM (Atomic Energy Licensing Board)

Attachment 1

Organization chart of MOSTI and Agencies under MOSTI showing AELB and MNA department.

13