Enforcement Regulations for the Nuclear Safety Act

Article 1(Purpose) #

The purpose of this Regulation is to prescribe matters delegated by the Nuclear Safety Act and the Enforcement Decree thereof and other matters necessary to implement the Act and the Decree.

Article 2(Definitions) #

(1) The definitions of terms used in this Regulation shall be as follows:

1. The term “surface radiation dose rate” means the radiation dose rate measured at a distance of ten(10) centimeters from the surface of a radiating object including, but not limited to, radioactive materials, containers or devices containing radioactive materials, radiation generating devices and radiation shielding materials.

2. The term “fissile materials” means uranium 233, uranium 235, plutonium 239, plutonium 241 or a compound thereof with the exception of non-irradiated natural or depleted uranium, or natural or depleted uranium irradiated from a thermal neutron reactor.

3. "Personal dosimeter" means a device that measures radiation dose to which the outer body of a human being is exposed, as determined and publicly notified by the Nuclear Safety and Security Commission (hereinafter referred to as Commission).

4. “Package” refers to containers filled with radioactive material and prepared for transport.

5. “Value A” refers to the radiation value assigned to each radioisotope for the transportation of radioactive material, as published by the Commission.

6. “Type B(U) package” refers to packages used to transport radioactive material that exceeds Value A and which requires the approval of a design or the country of origin pursuant to the IAEA Regulations for the Safe Transport of Radioactive Material (“IAEA transport regulations” hereinafter).

7. "B(M) package” refers to a package of radioactive material that exceeds Value A and which requires the approval of its transit or destination country pursuant to the IAEA transport regulations.

8. “C Package” refers to a package that has been prepared for air transportation but which exceeds the radiation level determined and published by the Commission.

9. “Package of fissile material” refers to a package of fissile material that exceeds the exception standards determined and published by the Commission.

Article 3(Internationally regulated material) #

(1) The “materials as prescribed by the Ordinance of the Prime minister” provided in Subparagraph 17 of Article 2 of the Act mean any of the following:

1. Nuclear materials subject to the safeguard and physical protection by the International Atomic Energy Agency;

2. Nuclear reactors and appurtenance thereof;

3. Non-nuclear materials used in nuclear reactors;

4. Reprocessing plants of nuclear fuels for irradiation and equipment designed or manufactured therefor;

5. Nuclear fuel fabrication facilities (including conversion facilities; hereinafter the same shall apply);

6. Uranium enrichment facilities and equipment designed or manufactured therefor;

7. Production facilities of heavy water, deuterium or deuterium compound, and equipment designed or manufactured therefor; and

8. Other nuclear commodities or facilities controlled under nuclear-related treaties, agreements, conventions and protocols.

(2) The details of such materials, equipment and facilities as set forth in each Subparagraph of the foregoing Paragraph (1) shall be determined and publicly notified by the Nuclear Safety and Security Commission.

Article 4(Application for Construction Permit) #

(1) An application as provided in Article 17 of the Decree shall be made with the attached Form 1.

(2) A radiation environmental report provided in Article 10 (2) of the Act shall, in accordance with the guidelines to be determined and publicly notified by the Nuclear Safety and Security Commission, contain each of the followings:

1. Environmental status in adjoining areas of reactor facilities and the sites thereof;

2. Projected radiation impact on surrounding environment due to construction/operation of reactor facilities;

3. Environmental radiation monitoring programs to be executed during construction/ operation of reactor facilities;

4. Environmental impact by radiation in the event of an accident during operation of reactor facilities;

5. Opinions notified according to the provisions of Article 144 (2) of the Decree; and

6. Analysis and evaluation of the results of a public hearing according to

(3) A preliminary safety analysis report provided in Article 10 (2) of the Act shall contain each of the following. Provided, that the matters not applicable due to the use of, or fundamental difference in, the relevant nuclear reactors and the matters overlapping with the items of attached documents submitted at the time of application for prior approval of a construction site according to Article 7 hereof or attached documents provided in Article 10 (2) of the Act may be omitted.

1. General information as set forth in each of the following:

a. Overview of the application for a permit;

b. Major characteristics of a power reactor and related facilities(hereinafter referred to as “reactor facilities“) and the site thereof;

c. Details of comparison with other similar reactor facilities;

d. Parties to the contract for construction of reactor facilities and the scope of their responsibilities thereunder; and

e. Additional technical data to be submitted.

2. Information on the site of reactor facilities as set forth in each of the following:

a. Geographic characteristics and status of population distribution;

b. Nearby industrial, transportation and military facilities;

c. Meteorology;

d. Marine characteristics;

e. Hydrologic engineering; and

f. Geology, seismology and geotechnical engineering;

3. Information related to installation of structures, components, equipment and systems of reactor facilities as set forth in each of the following:

a. Compliance with design criteria;

b. Classification of structures, components, equipment and systems;

c. Protective measures against natural hazards including, but not limited to, hurricanes, floods and tsunamis, missiles or falling objects, or a postulated pipe rupture and so forth;

d. Seismic design;

e. Design of structure of containment and other facilities pertaining to the safety of nuclear reactors;

f. Design of mechanical structures, facilities and components thereof; and

g. Seismic and environmental qualification design of safety-related equipment.

4. Information on the nuclear reactor as set forth in each of the following:

a. Design of nuclear fuel systems;

b. Design of reactor cores;

c. Thermohydraulic design;

d. Materials of nuclear reactors; and

e. Design of reactivity control systems.

5. Information on the nuclear reactor coolant system as set forth in each of the following:

a. Overview of the nuclear reactor cooling system and components thereof;

b. Pressure boundary of the nuclear reactor cooling system;

c. Reactor vessel;

d. Component design; and

e. Subsystem design.

6. Information on engineered safety features of the following systems, etc.:

a. Engineered safety systems;

b. Containment systems;

c. Emergency core cooling systems;

d. Control room safety guarantee systems;

e. Fission product elimination and control system;

f. Isolation valve leakage control systems of the main steam system; and

g. In-service inspection of the above items.

7. Information related to the instrumentation and control system as set forth in each of the following:

a. Overview;

b. Reactor shutdown system;

c. Actuation systems of engineered safety features;

d. Information systems important to safety;

e. Interlock systems important to safety;

f. Safe shutdown systems;

g. Control systems;

h. Diversified instrumentation and control system; and

i. Data communication systems.

8. Information on the electrical power system as set forth in each of the following:

a. Overview;

b. Off-site electrical power systems;

c. On-site alternating current electrical power systems; and

d. On-site direct current electrical power systems.

9. Information on auxiliary systems as set forth in each of the following:

a. Nuclear fuel storage and handling systems;

b. Water systems;

c. Process auxiliary system;

d. Cooling/heating and ventilation systems; and

e. Fire protection systems(including analysis of the fire risk level)

10.Information on the steam and power conversion system as set forth in each of the following:

a. Overview;

b. Turbine generator; and

c. Main steam supply systems

11.Information on radioactive waste management as set forth in each of the following:

a. Sources of radioactive wastes;

b. Solid waste control systems;

c. Liquid waste control systems;

d. Gaseous waste control systems; and

e. Monitoring and sampling systems.

12.Information on radiation protection as set forth in each of the following:

a. Protection program for radiation workers;

b. Radiation source;

c. Radiation protection design;

d. Radiation dose evaluation method; and

e. Health physics programs.

13.Information related to the organization as set forth in each of the following:

a. Management system;

b. Job education and training; and

c. Management procedures.

14.Information on initial test as set forth in each of the following:

a. Scope of the initial test program;

b. Matters pertaining to the initial test organization;

c. Overview of the initial test program regarding inherent characteristics or special design features of the power plant;

d. Regulations related to the formulation and execution of a test program and plan to utilize industry codes;

e. Measures to take advantage of the operational and testing experiences of other similar power plants;

f. Schedule of a test program;

g. Overview of the pilot application of power plant operation procedures and emergency operating specifications; and

h. Plan to supplement staff in the course of the execution of a test program.

15.Information on accident analysis

16.Information on technical specifications

17.Information on quality assurance

18.Information on human factors engineering as set forth in each of the following:

a. Application method and analysis mechanism of a human factors engineering design;

b. Main control room; and

c. Remote control room.

(4) A quality assurance program as provided in Article 10 (2) of the Act shall contain each of the following:

1. Organization of a quality assurance system;

2. Quality assurance program;

3. Design control;

4. Procurement document control;

5. Instructions, procedures and drawings;

6. Document control;

7. Control of purchased items and services;

8. Identification and control of items;

9. Control of special process;

10. Inspection;

11. Test control;

12. Control of measuring and test equipment;

13. Handling, storage and shipping;

14. Inspection, test and operating status;

15. Control of nonconforming items;

16. Corrective action;

17. Quality assurance records; and

18. Audits

(5) “Other documents as prescribed by the Ordinance of the Prime minister” as provided in Article 10 (2) of the Act include:

1. Explanatory statement on the use of nuclear reactor;

2. Explanatory statement on technical capabilities in respect to installation of reactor facilities of which shall be prepared in accordance with guidelines determined and publicly notified by the Commission ; and

3. Articles of incorporation (in the case of a juridical person only).

(6) A radiation environmental report provided in Article 10 (2) of the Act may not be required to be submitted if such report has been previously submitted at the time of application for prior approval of a construction site as prescribed in Article 7 hereof.

(7) When receiving an application for permit in accordance with Article 10 (2) of the Act, the Commission shall check a certified copy of the applicant's corporate register (to the extent that the applicant is a juridical person) through the administrative information sharing system under Article 36 (1) of the Act on Electronic Government.

(8) Upon the grant of the construction permit for reactor facilities as provided in Article 10 (1) of the Act, the Nuclear Safety and Security Commission shall issue to the applicant a certificate of construction permit for reactor facilities on the attached Form 2.

Article 5(Application for Change Permit) #

(1) An application for change permit of construction of reactor facilities as provided in Article 21 of the Decree shall be made with the attached Form 3.

(2) The application provided for in paragraph (1) shall be accompanied by the followings;

1. comparative table of the documents originally submitted with those changed.

2. certificate of construction permit

Article 6(Report of Changes in Minor Matters) #

(1) The “minor matters as prescribed by the Ordinance of the Prime minister” provided in the proviso of Article 10 (1) of the Act mean any of the following:

1. Name and address of the holder of permit (in the case of a juridical person, its name, address and the name of its representative);

2. The name of business place(including a factory; hereinafter the same shall apply) where reactor facilities are installed;

3. Construction schedule for reactor facilities;

4. Annual estimated spending volume and procurement plan for nuclear fuel materials to be used as fuel at the nuclear reactor;

5. Particulars pertaining to a change in equipment or facilities pursuant to Item 22, Article 2 of the Act among the details of a preliminary safety analysis report (limited to those that do not accompany any change to safety-related equipment)

6. Matters concerning general organizational changes other than the organization of the quality assurance system in the preliminary safety analysis report or the quality assurance plan; and

7. Matters whose grounds for revision are evident, including errors in computing, cacography, omission, disagreements between related documents, and other comparable causes

(2) Any person, who intends to make a report according to the proviso of Article 10 (1) of the Act, shall submit to the Commission a report of change in minor matters on the attached Form 4, by attaching the followings;

1. documents evidencing such change

2. relevant certificate of permit.

(3) A report of change as provided in the foregoing Paragraph (2) shall be submitted within;

1. twenty (20) days from the date of such change in the case of any change in the matters as set forth in Subparagraphs 1 through 4 of the foregoing Paragraph (1)

2. within six (6) months from the date of such change in the case of any change in matters as set out in Subparagraphs 5 through 7 of the foregoing Paragraph (1).

Article 7(Advance approval of site and scope of work) #

(1) The “extent as prescribed by the Ordinance of the Prime minister” as provided in Article 10 (4) of the Act means excavation of the area where reactor facilities are to be built and concrete works for the protection and reinforcement of bedrocks at the area. Provided, however, that, if the commission deams it.

(2) The application form under Article 10 para 5 of the Act shall be Attached Form No. 5.

(3) Information to be described in a radiation environmental report as provided in Article 10 (5) of the Act shall be the same as that as set forth in Article 4 (2) hereof.

(4) Information to be described in a site investigation report shall be the same as that as set out in Article 4 (3) 2 hereof.

Article 8(Technical Capability) #

In Subparagraph 1, Article 11 of the Act, the phrase "technical capability required for construction of reactor facilities, as provided for in the Ordinance of the Prime minister shall be available" means that all of the following requirements are met:

1. An organization and department necessary for construction of reactor facilities shall be formed, and the responsibility and authority required for performance of duties should be specifically assigned;

2. An engineering and technical support organization to review safety- related matters that arise in the process of constructing reactor facilities shall be available;

3. A person engaged in nuclear power plant construction shall possess the qualifications and experience commensurate with the responsibility and authority thereof;

4. There shall be a system whereby the construction cases of reactor facilities can be analyzed for reflection in design and construction; and

5. Test and inspection plans shall be formulated pertaining to safety related- structures, systems, and equipment.

Article 9(Request for authorization of standard designs) #

(1) An application for approval is provided in Article 22 (1) of the Decree shall be made with the attached Form 6.

(2) A specification of the standard design as provided in Article 12 (2) of the Act shall contain each of the following. Provided, that matters not deemed appropriate including those related with the construction or operation of the relevant nuclear reactor may be omitted:

1. General information as set forth in each of the following:

a. Definition of terms;

b. Matters to be commonly applied; and

c. List of drawings, symbols and acronyms.

2. Information on the site characteristics

3. Design criteria and design details of reactor facilities and verification plan of the design, construction and performance thereof (hereinafter referred to as “verification plan”) as regards each of the following:

a. Structures, components, equipment and systems;

b. Nuclear reactors;

c. Nuclear reactor coolant system and connected systems;

d. Engineered safety features;

e. Instrumentation and control system;

f. Electrical power systems;

g. Auxiliary systems;

h. Steam and power conversion systems;

i. Radioactive waste management;

j. Radiation protection;

k. Initial test program;

l. Human factors engineering; and

m. Emergency response facilities.

4. Information on design requirements as set forth in each of the following:

a. Off-site electrical power systems of the power plant;

b. Ultimate heat sink; and

c. Water pump structures and ventilation systems.

(3) “Other documents prescribed by the Regulation of the Nuclear Safety and Security Commission” as provided in Article 12 (2) of the Act mean any of the following:

1. Explanatory statement on the use of the nuclear reactor;

2. Explanatory statement on technical capabilities in respect to the design of the nuclear reactor;

3. Safety analysis report on the standard design;

4. Preparation plan for emergency operating procedures; and

5. Articles of incorporation (in the case of a juridical person only).

(4) The items listed below shall be indicated in the report on the analysis of standard design safety under paragraph 3 subparagraph 3: However, items that are not suitable for inclusion in the report may not be indicated, including the purpose of the nuclear reactor, differences in principles, or matters related to the construction or operation of the nuclear reactor.

1. Matters falling under Article 4 paragraph 3 (excluding subparagraph 14)

2. The following matters concerning the initial test

a. Outline of the test plan and purposes

b. Test organization and personnel

c. Test procedure and schedule

d. Test method

e. Use of operation or test experiences in similar nuclear reactors

f. Matters concerning a pilot application of the operational procedure or emergency operational procedure of power plants

g. Initial charging of nuclear fuel and critical state

h. Details of test

i. Details of review or assessment of test results

j. Test-related records

k. Technical standards applicable to individual tests

(5) A safety analysis report on the standard design as provided in the foregoing Paragraph (4) shall specify technical information in such details that would allow the verification of the safety of such standard design.

(6) Article 12 (4) The preparation plan for emergency operating procedures as provided in Paragraph (3) 4 hereof shall contain each of the following. Provided, that any matters deemed inappropriate to be stated including those pertaining to the site of reactor facilities may be omitted:

1. Overview;

2. Standard measures after reactor shutdown;

3. Diagnostic measures as regards an accident;

4. Recovery measures in the event of reactor shutdown;

5. Recovery measures in the event of a loss of coolant accident;

6. Recovery measures in the event of a steam generator tube rupture;

7. Recovery measures in the event of excessive steam discharge;

8. Recovery measures in the event of a total loss of feed water;

9. Recovery measures in the event of loss of off-site power;

10. Recovery measures in the event of loss of on- and off-site power;

11. Guidelines on recovery of safety functions; and

12. Other measures as necessary.

(7) When receiving an application for approval in accordance with Article 12 (2) of the Act, the Nuclear Safety and Security Commission shall check a certified copy of the applicant's corporate register (to the extent that the applicant is a juridical person) through the administrative information sharing system under Article 38 (1) of the Act on Electronic Government.

(8) Upon the approval of the standard design of reactor facilities as provided in the main clause of Article 12 (1) of the Act, the Nuclear Safety and Security Commission shall issue to the applicant a certificate on the attached Form 7.

Article 10(Performance of verification plans) #

(1) Any person, who applies for a construction permit for a nuclear power reactor facilities as provided in Article 11 of the Act and operating license thereof as provided in Article 20 of the Act in accordance with a standard design approved under Article 12 (1) of the Act, shall implement a verification program.

(2) If deemed necessary as regards implementation of such verification plan as provided in the foregoing Paragraph (1), the Commission may confirm such implementation with an pre-operational inspection as provided in Article 27 of the Decree and a quality assurance inspection as provided in Article 31 of the Decree.

Article 11(Request for modification of standard design authorization) #

(1) An application for the approval of change of the approved standard design of reactor facilities as provided in Article 23 of the Decree shall be made with the attached Form 8.

(2) The following documents shall be attached to the request form under paragraph 1:

1. A comparative table of the attached documents requesting authorization of the standard designs before and after their modification

2. A certificate of authorization of the standard designs

Article 12(Declaration of minor modifications) #

(1) The “minor matters as prescribed by the Ordinance of the Prime minister” provided in the proviso of Article 12 (1) of the Act mean any of the following:

1. Name and address of the person who has obtained the approval of a standard design (in the case of a juridical person, the name, address and the name of its representative); and

2. Preparation plan for emergency operating procedures.

(2) Any person, who intends to file a report according to the proviso of Article 12 (1) of the Act, shall submit to the Commission a report of change in minor matters on the attached Form 4 within thirty (30) days from the date when the reason for such report arose, by attaching the documents evidencing such change thereto.

Article 13(Preparation of Regulation on Nuclear Material Control and Accountancy) #

The following items shall be indicated in the measurement management regulations under Article 25 of the Decree pursuant to the guidelines determined and notified by the Commission:

1. Duties and organization;

2. Key measurement points, and measurement methods and equipment;

3. Carry-in/carry-out of, and control and accountancy procedures of, nuclear materials among internationally controlled materials (hereinafter referred to as “specific nuclear materials”);

4. Education and training;

5. Recording and reporting; and

6. Other matters directly related with control and accountancy of specific nuclear materials.

Article 14(Reporting of Change in Minor Matters) #

(1) The “minor matters as prescribed by the Ordinance of the Prime minister” in the proviso of Article 15 (1) of the Act mean any of the following:

1. Name and address of the person who has obtained a permit for the construction of reactor facilities (in the case of a juridical person, the name, address and the name of its representative); and

2. Name and location of the place of business.

(2) Any person, who intends to file a report pursuant to the proviso of Article 15 (1) of the Act, shall submit to the Commission a report on the attached Form 4 within thirty (30) days from the date when the reason for such report arose, by attaching documents evidencing such change thereto.

Article 14-2(Reporting of contracts on safety-related equipment) #

(1) The report form under Article 15-2 of the Act shall be as follows:

1. Information concerning the design or manufacture of safety-related equipment: Attached Form No. 8-2

2. Information concerning the performance verification of safety-related equipment: Attached Form No. 8-3

(2) The following documents shall be attached to the reporting under Paragraph (1).

1. Documents evidencing the signed contract

2. Performance verification plan (limited to Paragraph (1) 2.)

Article 14-3(Reporting of changes in contracts on safety-related equipment) #

(1) The form for change reporting under the latter part of the main text of Article 15-2 shall be Attached Form No. 8-4.

(2) Those intending to report changes as set forth under the latter part of the main text of Article 15-2 shall submit to the Commission Attached Form No. 8-4 together with documents evidencing the changes within 30 days of the date the relevant change occurs.

Article 14-4(Application for designation as Performance Verifier Controlling Agency) #

(1) The form for applying for designation as Performance Verifier Controlling Agency under Article 15-4 (1) of the Act (“Performance Verifier Controlling Agency”) shall be Attached Form No. 8-5.

(2) The following documents shall be attached to an application under Paragraph (1):

1. Articles of incorporation

2. Status of the corporation or organization

3. A dedicated entity that can perform the performance verification management service under Article 25-3 (1) 1. of the Decree

4. Documents evidencing expert or specialist personnel under ticle 25-3 (1) 2. of the Decree

5. Service regulation of the performance verification management agency

6. Plan for carrying out the performance verification management services

(3) When an application is received as set forth under Article 15-4 (5) of the Act, the Commission shall check the certificate of corporate registration of the applicant (limited to corporate applicants only) through the system for the shared use of administrative information under Article 36 (1) of the e-Government Act.

(4) The Commission shall issue a designation notice using Attached Form No. 8-6 when designating a performance verification management agency under Article 15-4 (1).

Article 15(Application for Pre-operational Inspection) #

(1) An application for inspection as provided in Article 28 of the Decree shall be made with the attached Form 9.

(2) Such application as provided in the foregoing Paragraph (1) shall be submitted whenever a reason for inspection as set forth in each Subparagraph of Article 29 (1) of the Decree arises. Provided, that an application for inspection under Subparagraphs 3 and 4 of said Paragraph may be made concurrently.

Article 16(Application for Operating License, etc.) #

(1) An application for operating license of facilities as provided in Article 33 (1) of the Decree shall be made with the attached Form 10.

(2) Technical specifications for operation(hereinafter referred to as the Technical specifications for operation) as provided in Article 20 (2) of the Act, as publicly notified by the Commission, shall contain each of the following:

1. Operation of reactor facilities:

a. Utilization and application;

b. Safety limit;

c. Limiting conditions for operations and surveillance requirements; and

d. Design features.

2. Radiation and environment of reactor facilities:

a. Radiation protection;

b. Control of radioactive materials, etc.; and

c. Environmental conservation from reactor facilities.

3. Operational control of reactor facilities:

a. Organization and functions;

b. Surveillance of reactor facilities;

c. Measures to be taken by an operator in the event of an emergency; and

d. Programs and guidelines.

(3) A final safety analysis report as provided in Article 20 (2) of the Act shall contain each of the following. Provided, that the matters deemed inappropriate to be stated due to the purpose of, or fundamental difference in, the relevant nuclear reactors and the matters overlapping with the items of attached documents as provided in Article 20 (2) of the Act may be omitted.

(4) A quality assurance program as provided in Article 20 (2) of the Act shall contain items as set forth in each Subparagraph of Article 4 (4) hereof.

(5) The “documents as prescribed by the Ordinance of the Prime minister” provided in Article 20 (2) of the Act mean each of the following:

1. Explanatory statement on technical capabilities as regards the operation of a nuclear reactor;

2. Explanatory statement on a nuclear fuel loading plan; and

3. Explanatory statement on the technical rationales and verification methods to be applied in formulating emergency operating procedures;

(6) Upon granting of operating license of reactor facilities as provided in Article 20 (1) of the Act, the Commission shall issue to the applicant a certificate as regards the reactor facilities with the attached Form 2.

Article 17(Application for Change Permit) #

(1) An application for change permit as provided in Article 34 of the Decree shall be made with the attached Form 11.

(2) These documents shall be attached to such application as provided in the foregoing Paragraph (1).

1. A comparative table of the attached documents concerning a request for the issuance of an operation permit before and after modification

2. A certificate of operating license

Article 18(Report of Change in Minor Matters) #

(1) The “minor matters as prescribed by the Ordinance of the Prime minister” provided in the proviso of Article 20 (1) of the Act mean any of the following:

1. Name and address of persons who have been permitted to operate (in the case of a juridical person, its name, address and the name of its representative);

2. Name and location of the place of business of operating reactor facilities;

3. Information concerning changes to equipment or facilities that do not accompany changes to safety-related equipment under Item 22, Article 2 of the Act among the information in the technical specifications for operation or final safety analysis report;

4. Matters concerning general organizational changes other than the organization of the quality assurance system in the technical specifications for operation , final safety analysis report, or quality assurance plan;

5. Matters whose grounds for revision are evident, including errors in computing, cacography, omission, disagreements between related documents, and other comparable causes

(2) Anyone who intends to report changes or modifications pursuant to Article 20 (1) proviso of the Act shall submit the application form of attached Form No. 4 together with the following documents:

1. Documentary evidence of the changes

2. Certificate of permit (limited to cases falling under paragraph 1 subparagraph 1 or 2)

(3) The reporting form under Paragraph (2) shall be submitted within the period based on the following classification:

1. Information concerning changes under Items 1 to 3, Paragraph (1) : Within 30 days of the date of changes (for item 3, changes accompanying the alteration or modification of non-safety-related equipment and which can directly affect the functions performed by safety-related equipment in case of failure: 30 days before the scheduled date of change)

2. Information concerning changes under Items 4 to 5, Paragraph (1) : Within 20 days of the end of each half year

Article 19(Periodic Inspection) #

(1) The regular inspection under Article 35 paragraph 1 of the Decree (including those to which Article 47 of the Decree are applicable with necessary modifications, the same hereinafter) shall be performed through a document review, site check, witnessed inspection or interview with the party inspected. The Commission shall determine and publish the inspection targets and the specific method of inspection to be applied at each facility. Provided, that certain reactor facilities may not be subject to such inspection in the event the Nuclear Safety and Security Commission acknowledges, in his reasonable discretion, that such inspection is unnecessary owing to the design features of such reactor facilities:

1. Nuclear reactor (including nuclear fuels);

2. Nuclear reactor coolant system facility;

3. Instrumentation and control system facilities;

4. Nuclear fuel material handling and storage facilities;

5. Radioactive waste disposal facilities;

6. Radiation control facilities;

7. Reactor containment facilities;

8. Reactor safety system facilities;

9. Power supply system facilities;

10. Power conversion system facilities; and

11. Other facilities pertaining to the safety of a nuclear reactor as determined and publicly notified by the Nuclear Safety and Security Commission.

(2) The regular inspection under Article 35 paragraph 1 of the Decree shall be performed within 20 months of the start of initial commercial operation or inspection in the case of nuclear reactors for power generation purposes or with 24 months in the case of nuclear reactors for research or education purposes. However, the inspection period separately designated by the Commission shall be followed, in consideration of the operational status or characteristics of the nuclear reactor in question.

(3) Such inspection as provided in Article 35 (1) of the Decree shall be implemented during the period of a regular maintenance or during the period from the date of shutdown of a nuclear reactor for nuclear fuel replacement to the date of resumption of full power operation thereof.

(4) Anyone who desires the regular inspection as provided under Article 35 paragraph 1 of the Decree shall submit a request using Attached Form No. 12 to the Commission no later than 30 days before the day of inspection.

(5) A maintenance and test program containing each of the following shall be attached to such application as provided in the foregoing Paragraph (4):

1. Major details of maintenance for each facility subject to inspection;

2. A test program in accordance with the technical specifications for operation and final safety analysis report;

3. A physics test program of nuclear fuels and reactors in accordance with the reload safety analysis; and

4. Major schedule chart of test and maintenance.

(6) If the results of an inspection conducted up to the time of criticality of a nuclear reactor meet the provisions of Subparagraphs 2 and 3 of Article 21 of the Act, the Commission may permit the criticality of such nuclear reactor for power ascension test thereof.

(7) Upon completion of inspection as prescribed in Article 35 (1) of the Decree, the Commission shall notify the operator of a nuclear reactor, in writing, as to whether the relevant facilities have passed the inspection.

Article 20(Details of Periodic Safety Review) #

(1) The details of a periodic safety review as provided in Article 37 (1) of the Decree are as follows:

1. Matters regarding design of reactor facilities : Particulars confirming whether the currently valid records at the time of review was accurately reflected in the design(including design documents), which includes each of the following:

a. Lists or grade classification of structures, systems, or appliances essential to safety

b. Design documents (original and revisions)

c. Differences between the technical standards applied at the time the nuclear reactor facility was designed and the current technical standards

d. Impact on safety caused by matters verified to be vulnerable in the aspects of in-depth defense

e. Characteristics of the areas adjoining reactor facilities including population density, industrial facilities and transportation facilities (airports, roads, railways, and so forth).

2. Information concerning the actual state of structures, systems, or appliances essential to safety: To check if the actual state of structures, systems, or appliances essential to safety satisfies the design requirements at present until the time of the next periodic safety assessment and whether the details have been duly documented; such information shall include information concerning the following items:

a. Information concerning the soundness or functional performance of structures, systems, or appliances essential to safety

b. Information concerning the current state, progressing, or anticipated aging of structures, systems, or appliances essential to safety

c. Outcome of tests conducted to check the functional performance of structures, systems, or appliances essential to safety

d. Outcome and records of inspection and repair of structures, systems, or appliances essential to safety

e. Operational history and current state of structures, systems, or appliances essential to safety

f. Current status of support facilities in and outside of the power plant including maintenance or repair shop

3. Information concerning deterministic safety analysis: To check if the existing deterministic safety analysis maintains viability considering the actual state of structures, systems, or appliances essential to safety, state anticipated at the time of the next periodic safety assessment, current deterministic safety analysis method, and technical standards; such information shall include information concerning the following items:

a. Comparison between the initial event, interpretation method, and computer code assumed for the existing deterministic safety analysis and current technical standards

b. Limit of radiation dose and radiation discharged by radioactive materials in normal and event conditions

c. Guidelines for deterministic safety analysis considering the single failure criteria, redundancy, diversity, or independence

d. Various operational conditions that are anticipated to occur once or more frequently during the life expectancy of the power plant

4. Information concerning probabilistic safety assessment: To check if the existing probabilistic safety assessment maintains viability considering changes in the design and operational conditions of the nuclear power plant, the current probabilistic safety assessment method, operational information, and technologies shall also include the following information:

a. The information shall reflect the assumptions considered in the existing probabilistic safety assessment, virtual initial event, comparison between the assessment methodology and compute codes with the current technology, and current conditions of the nuclear power plant;

b. Guidelines for probabilistic safety assessment considering the actions to be taken by the operators, common cause failures, interactive impacts, redundancy, and diversity

c. Design basis accidents, plans to control events exceeding the design basis accidents, and connectivity between the models and outcome of the probabilistic safety assessment

d. Assessment or comparison of available alternatives to remove the nuclear power plant’s design or operational vulnerabilities derived as the outcome of the probabilistic safety assessment

5. Information concerning risk assessment: To check the viability of a nuclear reactor facility against internal and external risks considering the attributes of the design and site of the nuclear reactor facility, actual state of the structures, systems, or appliances essential to safety, anticipated state at the time of the next periodic safety assessment, current analysis method and technical standards; shall also include the following information:

a. Anticipated scale and frequency of occurrence of internal risks (fire, inundation, dynamic movement of piping, missiles, steam emission, water spray, toxic liquids or gases, explosion, etc.) and external risks (floods including tsunami, storm, fire, extreme temperature, earthquake, volcanic eruption, aircraft crash, toxic liquids or gases, explosion, etc.)

b. Outcome of risk assessment performed considering the current safety standards, environmental impact, and state and aging of the nuclear reactor facility

c. Procedures for preventing or alleviating internal or external risks, including actions to be taken by operators

6. Particulars regarding the equipment qualification: Confirmation of whether it has been qualified that major safety-related equipment of reactor facilities can perform the intended safety functions during the 10 years after the review base day, which includes each of the following:

a. List of equipment and control procedures included in an equipment qualification program;

b. Equipment qualification method and quality assurance;

c. Analysis of the effect of equipment failures on equipment qualification and appropriate corrective actions to guarantee equipment qualification;

d. Protective measures of the qualified equipment from adverse environmental conditions;

e. Physical conditions and functionality of qualified equipment; and

f. Records of all qualification measures taken during the installed service life of the equipment.

7. Particulars regarding the degradation due to aging: Confirmation of whether degradation due to aging of the structures, systems and equipment of reactor facilities is being effectively controlled to maintain the required safety margin and whether an adequate aging degradation control program is in place for the safe operation of a nuclear power plant in the future, both of which include each of the following. Provided, that Item (e) shall be subject to a periodic safety review of a nuclear power reactor and related facilities conducted twenty years after the date of operating license thereof.

a. Classification and selection of structures, systems and equipment subject to review;

b. Evaluation of degradation due to aging regarding each structures, systems and equipment subject to review;

c.Functions and safety margin of structures, systems and equipment in connection with degradation due to aging;

d. Prediction of the timing of under-performance and future physical condition of structures, systems and equipment; and

e. Measures to mitigate, and programs to manage, degradation due to aging of structures, systems and equipment.

8. Matters related with safety performance:

Confirmation of new trends in safety performance of reactor facilities through an investigation and analysis of the records on the safety performance and operation experience thereof, which includes each of the following:

a. Mechanism to classify safety-related events and implement the analytical results of the root cause thereof;

b. Methods for selecting and recording safety-related operational data, including maintenance, testing and inspection;

c. Trend analyses regarding safety-related operational data and the degree of any non-functionality of safety systems;

d. Analysis of safety performance indicators; and

e. Records on personal dose to personnel working in the power plant, data from radiation monitoring inside and outside of the power plant and the quantity of radioactive effluents.

9. Matters related with use of experience of other nuclear power plants and research findings:Confirmation of whether the operational experience of other similar reactor facilities and the results of safety researches have been properly reflected, which includes each of the following:

a. Adequacy of the programs and mechanisms for the purpose of reflection of the operational experience of other reactor facilities and research findings; and

b. Reflection of the operational experience of reactor facilities and research findings as well as formulation of relevant measures.

10. Matters related to the procedures of operations, maintenance, and etc.: Confirmation of whether the procedures for operation, maintenance, inspection, test and change of, and emergency responses regarding reactor facilities have been established in accordance with appropriate standards, which includes each of the following:

a. Mechanism to establish and revise safety-related procedures;

b. Arrangement for regular review and maintenance of procedures;

c. Clarity of procedures in consideration of the principles of human factors;

d. Compliance of these procedures with the assumptions and findings of the safety analysis, plant design and operational experience; and

e. Emergency operating procedures based on the symptom for restoring critical safety functions.

11. Matters related with organization, management system and safety culture: Confirmation of whether the organization and administration are properly operated for the safe operation of reactor facilities, which includes each of the following:

a. Safety mechanism including implementation of safety goals and safety-first principles;

b. Documented roles and responsibilities of individuals and groups;

c. Mechanisms for maintaining configuration of reactor facilities;

d. Formal arrangements for employing external manpower or other special staffs;

e. Staff training facilities and programs; and

f. Quality assurance program and regular quality assurance audits involving independent auditors.

g. Systems for performing diagnosis, analysis, and periodic assessment of the safety culture, promoting a safety culture

12. Matters related to human factors: Confirmation of the management status of various human factors that may affect the safe operation of reactor facilities, which includes each of the following:

a. Status of personnel management including limitations on shifts and overtime work;

b. Availability of qualified staff on duty at all times;

c. Programs for initial training, refresher training and upgrading training, including the use of simulators;

d. Analysis of human information requirements and workload; and

e. Analysis of man-mechanic interface.

13. Matters related to emergency planning: Confirmation of whether there exist plans, personnel, facilities and equipment appropriate for responding to an emergency at reactor facilities, whether there exists emergency system which has systematic cooperative relations with local governments and central government agencies and whether training is being conducted on a regular basis, all of which include each of the following:

a. Strategies, organizations, plans and procedures for emergencies;

b. On-site equipment for emergency;

c. Adequacy of emergency response facilities and communication facilities inside and outside the nuclear power plant;

d. Mechanism for emergency training involving related organizations, reflection of experience, and facilitation of mutual cooperation;

e. Periodic review programs regarding emergency plans and procedures; and

f. Estimated time required for evacuation of residents.

14. Matters related to environmental impact:

Confirmation of whether an environmental monitoring plan concerning reactor facilities has been properly formulated and implemented, which includes each of the following:

a. Release limits and records in respect of every release path with the possibility of contamination by radioactivity;

b. Alarms systems to respond to unplanned release of effluents from on-site facilities;

c. Personal dose on residents in areas adjoining reactor facilities;

d. Radiation environmental monitoring of areas outside a nuclear power plant; and

e. Publication and distribution of environmental monitoring data.

(2) The details of a safety review of continued operation (Referring to continuous operation as provided under Article 36 paragraph 4 of the Decree; the same hereinafter) as provided in Article 37 (2) of the Decree are as follows:

1. Evaluation of life of major equipment in consideration of the period of continued operation: In order to ensure that major structures, systems and equipment and function properly during the period of continued operation, the evaluation shall include each of the following:

a. Classification and selection of structures, systems and equipment subject to evaluation of life;

b. Analysis of an impact on the life of structures, systems and equipment; and

c. Evaluation of life of structures, systems and equipment in consideration of the impact from the surroundings during continued operation.

2. Evaluation of change of radiation environmental impact after an operating license: In order to evaluate a radiation environmental impact caused by continuous operation, the evaluation shall include each of the following changed after an operating license:

a. Changes in site characteristics;

b. Changes in the environment of the site surroundings;

c. Major design changes regarding systems related with radioactive wastes processing;

d. Impact on the surrounding environment as a result of continued operation; and

e. Environmental monitoring plan.

Article 21(Standards for Periodic Safety Reviews) #

(1) Articles applicable to the technical standards as provided in Subparagraph 4 of Article 38 (1) of the Decree shall be determined to commission’s rules.

(2) In addition to the articles of the foregoing Paragraph (1), the safety level and safety measures for reactor facilities resulting from aging shall meet each of the following criteria:

1. Reactor facilities shall sustain safety functions in light of degradation due to aging that may occur with the lapse of time and secure safety margin which guarantees the safety until 10 years after the review base day; and

2. The operator of a nuclear power reactor shall establish and implement management program to deal with degradation due to aging of reactor facilities in order to guarantee the safety functions ofstructures, systems and equipment and the safety margin thereof.

(3) Among the technical standards and criteria as provided in the foregoing Paragraphs (1) and (2), certain standards or criteria may not apply in cases where such standards or criteria are not directly applicable to the relevant reactor facilities due to the purpose of, fundamental difference in, or the design features of, such facilities, or where it is acknowledged by the Commission, in his reasonable discretion, that safety is not affected even if such standards or criteria are not applied.

(4) Matters applicable to technical standards as provided in Article 38 (2) of the Decree shall be as follows. Details thereof shall be determined and publicly notified by the Commission:

1. The operator of a nuclear power reactor shall perform a safety review by using the technical standards reflecting the latest operational experience and research findings at home and abroad so as to enhance the safety of structures, systems and equipment and shall consequently ensure the safety of nuclear reactors and related facilities; and

2. The operator of a nuclear power reactor shall perform a radiation environment impact assessment reflecting changes in the natural environment and site characteristics, etc. after obtaining an operating license, and ensure that the assessment findings satisfy the latest technical standards.

Article 22(Application for the Approval of a Decommissioning Plan of Reactor Facilities) #

(1) Any person, who wishes to obtain approval for a plan to decommission reactor facilities pursuant to Article 28 (1) of the Act, shall submit to the Commission an application for the approval of a decommissioning plan of reactor facilities on the attached Form 13, with a decommissioning plan for reactor facilities attached thereto.

(2) If any person, who has obtained the approval for a decommissioning plan for reactor facilities under Article 28 (1) of the Act, intends to change any approved matters, such person shall submit to the Commission an application for the approval of an changed decommissioning plan of reactor facilities on the attached Form 14, with documents related to such change among the relevant decommissioning plan of reactor facilities attached thereto.

Article 23(Report of Change in Minor Matters) #

(1) The “minor matters as prescribed by the Ordinance of the Prime minister” provided in the proviso of Article 28 (1) of the Act mean any of the following:

1. Name and address of the approved person (in the case of a juridical person, its name, address and the name of its representative); and

2. Name and location of the place of business of operating reactor facilities.

(2) Any person, who intends to make a report according to the proviso of Article 28 (1) of the Act, shall submit to the Commission a report of change in minor matters on the attached Form 4 within thirty (30) days from the date when the reason for such report arose, with documents evidencing such change attached thereto.

Article 24(Provisions Applicable Mutatis Mutandis) #

Articles 13 and 14 shall, with any necessary modifications, apply to those who have obtained an operation permit pursuant to Article 20 of the Act.

Article 25(Application for construction or application for operation, etc.) #

(1) The application forms for construction or construction under Article 43 (1) of the Decree shall be Attached Form No. 15 or 15-2, respectively.

(2) The provisions in Article 4 (2) to (4) shall apply mutatis mutandis to the preparation of the radiation environmental report, preliminary safety analysis report, and quality assurance plan for construction under Article 30 (2) of the Act. The provisions in Article 16 (2) to (4) shall apply mutatis mutandis to the preparation of the technical specification for operation, final safety analysis report, and quality assurance plan for operation under Article 30-2 (2) of the Act.

(3) “Other documents as prescribed by the Ordinance of the Prime minister” provided in Article 30 (2) of the Act mean any of the following:

1. Description of usage of nuclear reactor for research or education purpose and related facilities (“nuclear reactor facilities for research, etc.”) pursuant to the first part of the main text of Article 30 (1) of the Act

2. Description of technical capabilities concerning the installation of a research nuclear reactor that has been prepared pursuant to the guidelines determined and published by the Commission

3. Articles of incorporation (in the case of a juridical person only).

(4) “Other documents as prescribed by the Ordinance of the Prime minister” provided in Article 30-2 (2) of the Act mean any of the following:

1. Description of technical competency in operating nuclear reactor facilities for research, etc., prepared pursuant to the guidelines published by the Commission

2. Description of plans for charging nuclear fuel

3. Description of technical grounds and verification methods that apply to the preparation of the emergency operation procedure

4. Articles of incorporation (limited to corporations only)

(5) When receiving an application for permit in accordance with Article 30 (2) or 30-2 (2) of the Act, the Commission shall check a certified copy of the applicant's corporate register (to the extent that the applicant is a juridical person) through the administrative information sharing system under Article 36 (1) of the Act on Electronic Government.

(6) The Commission shall issue to the applicant a permit certificate using Attached Form No. 2 when permitting the construction of a nuclear reactor facility for research, etc., pursuant to the main text of Article 30 (1) of the Act or operation of a nuclear reactor facility for research, etc., pursuant to Article 30-2 (1) of the Act.

Article 26(Application for Change Permit) #

(1) The application form for permit of changes in construction or operation under Article 44 of the Decree shall be Attached Form No. 16 or 16-2, respectively.

(2) The following documents shall be attached to the application form under paragraph 1:

1. A comparative table of the attached documents requesting a permit before and after modification

2. A certificate of permit

Article 27(Report on Entry or Departure of Foreign Nuclear-Powered Ships) #

(1) Report on entry or departure of a foreign nuclear-powered ship as provided in Article 45 (1) of the Decree shall be made with the attached Form 17.

(2) The Commission shall notify the Minister of Oceans and Fisheries of each of the following pursuant to Article 31 (2) of the Act:

1. Thermal output limit of the nuclear reactor;

2. Distance from the place of anchorage to the areas where people reside;

3. In case of an emergency, the time taken from the timing when the emergency occurred to the timing when the nuclear-powered ship is towed by a tug boat; and

4. Other matters that the Nuclear Safety and Security Commission acknowledges as necessary, in his reasonable discretion, to prevent any disaster caused by nuclear fuel materials, other materials contaminated thereby or by a nuclear reactor.

Article 28(Report on Change of Entry or Departure of Foreign Nuclear-Powered Ships) #

Any person, who intends to make a report as prescribed in Article 45 (2) of the Decree, shall submit to the Commission a report on the attached Form 18.

Article 29(Report on Business Suspension/Discontinuance, etc.) #

Any person who wishes to report in accordance with Article 33 of the Act, submit to the Commission a report on the attached Form 19.

Article 30(Provisions Applicable Mutatis Mutandis) #

Article 6, Articles 13 through 14 and 18 through 23 shall be applied mutatis mutandis to those who intend to or who have obtained a permit for the construction or permit for the operation of a research nuclear reactor.

Article 31(Application, etc. for a Permit for Refining Business) #

(1) An application for a permit for refining business as provided in Article 48 of the Decree shall be made with the attached Form 20.

(2) Each of the following documents shall be attached to such application as provided in the foregoing Paragraph (1):

1. Business plan containing each of the following:

a. Planned timing of commencement of the refining business and planned production volume of nuclear materials in each business year during the three-year period following commencement of the refining business;

b. Amount of required financial resources for construction and a financing plan;

c. Cash flow plan and business profit/loss projection for each business year during the three-year period following commencement of the refining business; and

d. Plans for the procurement of materials necessary for refining.

2. Explanatory statement on the technical capabilities containing each of the following:

a. Patents and other technical proprietary rights to refining;

b. Overview of refining methods based on special technologies or equivalents thereof;

c. Brief personal records of key engineer; and

d. Other matters related to technical capabilities regarding refining.

3. Documents on the location, structure, equipment and process of refining facilities

4. Documents on the construction plan of refining facilities

5. Articles of incorporation (in the case of a juridical person only)

6. Radiation environmental report

7. Quality assurance program on the operation of the refining business

8. Safety control regulations containing each of the following:

a. Matters related to the organization managing the refining facilities and the functions thereof;

b. Matters related to patrolling, checking and self-inspection of refining facilities and relevant measures;

c. Matters related to the carry-out, carry-in, transportation, storage and handling of nuclear materials;

d. Matters related to the records of preservation regarding refining facilities; and

e. Matters necessary for ensuring safety in relation to refining facilities.

9. Description of design and construction methods

(3) Upon receipt of a permit application under Article 48 of the Decree, the Commission shall check the applicant’s certificate of corporate registration (limited to corporations) using the common administrative information system as provided under Article 36 paragraph 1 of the e-Government Act.

(4) Upon the permit for the refining business as provided in the main clause of Article 35 (1) of the Act, the Commission shall deliver to the applicant a permit on the attached Form 21.

Article 32(Application for Change Permit) #

(1) An application for change permit as provided in Article 49 of the Decree shall be made with the attached Form 22.

(2) The following documents shall be attached to the application form under paragraph 1:

1. A comparative table of the attached documents concerning a request for a permit before and after modification

2. A certificate of permit

Article 33(Report of Change in Minor Matters) #

(1) The “minor matters as prescribed by the Ordinance of the Prime minister” provided in the proviso of Article 35 (1) of the Act mean any of the following:

1. Name and address of the applicant (in the case of a juridical person, its name, address and the name of its representative);

2. Name of the place of business;

3. Schedule of construction of the refining facilities;

4. Type, annual estimated volume and procurement plan of nuclear materials to be handled at refining facilities; and

5. Matters other than the organization for quality assurance control among the details of the quality assurance program.

(2) Anyone who intends to declare changes or modifications pursuant to Article 35 paragraph 1 proviso shall submit to the Commission the Attached Form No. 4 and the following documents within 30 days of the reason for which the declaration is made:

1. Documentary evidence of the changes

2. A certificate of permit

Article 34(Technical Capability) #

In Subparagraph 1, Article 36 of the Act, the phrase "technical capability as provided in the Ordinance of the Prime minister shall be available" means that all of the following requirements are met:

1. An organization and department necessary for the refining business shall be formed and the responsibility and authority required for performance of duties shall be specifically assigned;

2. There shall be an engineering and technical support organization to review safety-related matters that arise in the process of refining;

3. A person engaged in refining shall possess the qualifications and experience commensurate with the responsibility and authority thereof; and

4. Test and inspection plans shall be formulated pertaining to major safety-related structures and equipment.

Article 35(Periodic Inspection) #

(1) Inspections as provided in Article 50 of the Decree shall be periodically implemented once a year after commencement of business.

(2) Any person, who wishes to receive a periodic inspection under the foregoing Paragraph (1), shall submit to the Commission an application for inspection of nuclear fuel cycle facilities on the attached Form 23 at least thirty (30) days prior to the desired date of inspection, with major maintenance details and schedule of test and check of each facility subject to inspection attached thereto.

Article 36(Application for Approval of a Decommissioning Plan) #

(1) Any person, who wishes to obtain approval of a decommissioning plan of nuclear fuel cycle facilities as provided in the former part of Article 42 (1) of the Act, shall submit to the Commission an application for approval of a decommissioning plan for nuclear fuel cycle facilities on the attached Form 24, with a decommissioning plan of nuclear fuel cycle facilities attached thereto.

(2) Anyone who intends to declare changes or modifications pursuant to the latter half of the main sentence of Article 42 paragraph 1 of the Act shall submit to the Commission a comparative table of the plan for the disassembly of a nuclear fuel cycle facility before and after its modification attached to Attached Form No.25.

Article 37(Report of Change in Minor Matters) #

(1) The “minor matters as prescribed by the Ordinance of the Prime minister” provided in the proviso of Article 42 (1) of the Act mean any of the following:

1. Name and address of the approved person (in the case of a juridical person, its name, address and the name of its representative);

2. Name and location of the place of business of operating the refining facilities; and

3. Matters other than the organization for quality assurance control among the details of the quality assurance program.

(2) Any person, who intends to file a report according to the proviso of Article 42 (1) of the Act, shall submit to the Commission a report of change in minor matters on the attached Form 5 within thirty (30) days from the date when the reason for such report arose, with documents evidencing such change attached thereto.

Article 38(Report of Commencement of Business, etc.) #

Commencement of the service under Article 43 of the Act shall be declared using Attached Form No. 26.

Article 39(Provisions Applicable Mutatis Mutandis) #

Article 4 paragraph 2 subparagraphs 1 through 4 and paragraph 4, Article 13 or 14 shall apply mutatis mutandis to those who intend to obtain or who have obtained a permit for a refining service.

Article 40(Application for a Permit for Fabrication Business, etc.) #

(1) An application for a permit as provided in Article 53 (1) of the Decree shall be made with the attached Form 27.

(2) Each of the following documents shall be attached to such application as provided in the foregoing Paragraph (1):

1. Business plan containing each of the following:

a. Planned timing of commencement of the fabrication business and planned conversion volume by type of product in each business year during the three-year period following commencement of the fabrication business;

b. Amount of required financial resources for construction and a financing plan;

c. Cash flow plan and business profit/loss projection for each business year during the three-year period following commencement of the fabrication business; and

d. Plan to procure nuclear fuel materials for conversion for each business year during the three-year period following commencement of the fabrication business.

2. Explanatory statement on technical capabilities containing each of the following:

a. Patents and other technical proprietary rights to fabrication;

b. Overview of the fabrication methods based on special technologies or equivalents thereof;

c. Brief personal records of key engineers; and

d. Other matters related to technical capabilities regarding fabrication.

3. Documents on the location, structure and equipment of fabrication facilities and fabrication methods

4. Documents on the construction plan for fabrication facilities

5. Articles of incorporation (in the case of a juridical person only)

6. Radiation environmental report

7. Quality assurance program regarding operation of the fabrication business

8. Safety control regulations containing each of the following:

a. Matters related to the organization managing fabrication facilities and the functions thereof;

b. Matters related to patrolling, checking and self-inspection of fabrication facilities and relevant measures;

c. Matters related to the carry-out, carry-in, transportation, storage and handling of nuclear materials;

d. Matters related to the preservation records regarding fabrication facilities; and

e. Matters necessary for safety in relation to fabrication facilities.

9. Explanatory statement on the design and construction methods

(3) When receiving an application for permit in accordance with Article 53 (1) of the Decree, the Nuclear Safety and Security Commission shall check a certified copy of the applicant's corporate register (to the extent that the applicant is a juridical person) through the administrative information sharing system under Article 36 (1) of the Act on Electronic Government.

(4) Upon the grant of a permit for the fabrication business as provided in the former part of Article 35 (1) of the Act, the Commission shall issue to the applicant a permit on the attached Form 21.

Article 41(Application for Change Permit) #

(1) An application for change permit as provided in Article 54 of the Decree shall be made with the attached Form 28.

(2) The following documents shall be attached to the application form under paragraph 1:

1. A comparative table of the attached documents concerning a request for a permit before and after modification

2. A certificate of permit

Article 42(Application for Facility Inspection) #

(1) Attached form No. 23 shall be used when requesting an inspection under Article 55 paragraph 2 of the Decree.

(2) A document showing the project schedule shall be attached to the application form under paragraph 1.

(3) An application for inspection under Article 55 paragraph 2 of the Decree shall be made no later than 30 days before the day of inspection.

Article 43(Provisions Applicable Mutatis Mutandis) #

Article 4 paragraph 2 subparagraphs 1 through 4, and paragraph 4, and Articles 13, 14, and 33 through 38 shall be applied mutatis mutandis to those who intend to or who have obtained a permit for a processing service.

Article 44(Application for Designation, etc.) #

(1) An application for a designation as provided in Article 61 (1) of the Decree shall be made with the attached Form 29.

(2) Each of the following documents shall be attached to such application as provided in the foregoing Paragraph (1):

1. Explanatory statement on the purpose of the spent fuel processing business

2. Business plan containing each of the following:

a. Planned timing of the commencement of the spent fuel processing business and planned processing volume by type of spent fuel in each business year during the three-year period following commencement of such business;

b. Planned production volume by type of product in each business year during the three-year period following commencement of the spent fuel processing business;

c. Amount of required financial resources for construction and a financing plan;

d. Cash flow plan and business profit/loss projection for each business year during the three-year period following commencement of the spent fuel processing business; and

e. Estimated volume by type of spent fuel material necessary for the spent fuel processing business and a procurement plan thereof for each business year during the three-year period following commencement of the spent fuel processing business.

3. Explanatory statement on technical capabilities containing each of the following:

a. Patents and other technical proprietary rights to spent fuel processing;

b. Overview of the methods to process spent nuclear fuels based on special technologies or equivalents thereof;

c. Brief personal records of key engineers; and

d. Other matters related to technical capabilities regarding spent fuel processing.

4. Location, structure, equipment and construction plan of spent fuel processing facilities

5. Methods of processing spent nuclear fuels

6. Documents on the processing and disposal of nuclear fuel materials separated from spent nuclear fuels

7. Explanatory statement on the natural conditions of the site where spent fuel processing facilities are to be installed including meteorology, oceanography, geology and geotechnical engineering, hydrologic engineering, and seismology, social environment thereof and so forth

8. A topographical map with a scale of 1 to 200,000 for the area within a twenty-kilometer radius from the center of the planned spent fuel processing facilities and a topographical map with a scale of 1 to 50,000 for the area within a five-kilometer radius from such center

9. Explanatory statement on the safety design of spent fuel processing facilities (including the layout of major facilities)

10.Explanatory statement on the design and construction methods

11.Explanatory statement on control of radiation exposure resulting from spent nuclear fuels and so forth and disposal of radioactive wastes

12.Explanatory statement on the type, degree, impact and so forth of any potential accident regarding spent fuel processing facilities arising from any of the following:

a. Operational error;

b. Machinery and equipment failure; and

c. Hazards including flood, earthquakes and fires.

13. Articles of incorporation (in the case of a juridical person only)

14. Safety control regulations

(3) The safety control regulations as provided in Subparagraph 14 of the foregoing Paragraph (2) shall contain each of the following:

1. Matters related to the organization operating and managing spent fuel processing facilities and the functions thereof

2. Matters related to safety control education for personnel working at the spent fuel processing facilities

3. Matters related to manipulation of safety control facilities

4. Matters related to the safe operation of spent fuel processing facilities

5. Matters related to the designation of, and control of access to, radiation control areas, preservation areas and exclusion areas

6. Matters related to ventilation and drainage monitoring facilities

7. Matters related to radiation control areas, preservation areas and exclusion areas as set forth in each of the following:

a. Personal dose;

b. Concentration of radioactive materials; and

c. Monitoring of the level of surface contamination of the materials contaminated by radioactive materials and decontamination thereof.

8. Matters related to control of radiation survey meters and methods of radiation survey

9. Matters related to patrolling and checking of spent fuel processing facilities and relevant measures

10.Matters related to periodic self-inspection of spent fuel processing facilities

11.Matters related to the carry-in, transportation, storage and other handling of nuclear fuel materials

12.Matters related to the disposal of radioactive wastes

13.Matters related to radiation control regarding waters near the drainage passage and so forth

14.Matters related to measures to be taken in the event of an emergency

15.Matters related to safety control records in connection with spent fuel processing facilities

16.Matters necessary for safety control regarding spent fuel processing facilities

(4) Upon receipt of the application for designation under Article 61 paragraph 1 of the Decree, the minister in charge shall check the applicant’s certificate of corporate registration (limited to corporations only) using the system for sharing administrative information pursuant to Article 36 paragraph 1 of the e-Government Act.

(5) The minister in charge shall issue the designation certificate using Attached Form No. 30 when designating the spent nuclear fuel processing service pursuant to Article 35 paragraph 2 of the Act.

Article 45(Application for Approval of Change) #

(1) An application for the approval of any change pursuant to Article 62 of the Decree shall be made with the attached Form 31.

(2) The following documents shall be attached to the application form under paragraph 1:

1. A comparative table of attached documents concerning a request for designation before and after modification

2. A certificate of designation

Article 46(Application for Pre-operational Inspection) #

(1) An application for the inspection as prescribed in Article 63 (2) of the Decree shall be made with the attached Form 23.

(2) A document showing project schedule shall be attached to the application form under paragraph 1.

(3) An application for inspection under Article 63 paragraph 2 of the Decree shall be submitted no later than 30 days before the day of inspection.

Article 47(Periodic Inspection) #

(1) Any person designated as provided in the former part of Article 35 (2) of the Act (hereinafter referred to as “spent fuel processing enterpriser”) shall undergo a periodic inspection of each of the following as regards the performance of spent fuel processing facilities in accordance with Article 65 (1) of the Decree:

1. Spent fuel carry-in facilities;

2. Spent fuel storage facilities;

3. Main body of spent fuel processing facilities (including hot cells);

4. Radiation control facilities;

5. Radioactive waste processing facilities;

6. Radioactive waste storage facilities;

7. Product storage facilities;

8. Instrumentation and control system facilities; and

9. Emergency electrical power supply facilities.

(2) A spent fuel processing enterpriser shall undergo a periodic inspection once or more every two years in respect of the facilities as set forth in each Subparagraph of the foregoing Paragraph (1).

(3) If a spent fuel processing enterpriser wishes to receive a periodic inspection, he shall submit to the Commission an application for inspection of nuclear fuel cycle facilities on the attached Form 23 at least thirty (30) days prior to the desired date of inspection, with major maintenance details and schedule of test and check of each facility subject to inspection attached thereto.

Article 48(Provisions Applicable Mutatis Mutandis) #

Article 4 paragraph 2 subparagraphs 1 through 4, and paragraph 4, and Articles 13, 14, 33, 34, and 36 through 38 shall be applied mutatis mutandis to those who intend to be or who have been designated as operators of a spent nuclear fuel processing service.

Article 49(Application for a Permit to Use Nuclear Fuel Materials, etc.) #

(1) An application for a permit as provided in Article 69 of the Decree shall be made with the attached Form 32.

(2) The safety control regulations as provided in Article 45 (2) of the Act shall contain each of the following:

1. Matters related to the organization managing the use facilities, distribution facilities, storage facilities, conservation facilities, processing facilities and discharge facilities (hereinafter referred to as “use facilities, etc.”) and the functions thereof;

2. Matters related to safety control education of relevant personnel;

3. Matters related to operation of equipment that needs to be controlled for the purpose of preventing disasters;

4. Matters related to the establishment of, and control of access to, a radiation control area, monitoring of personal dose, decontamination and so forth;

5. Matters related to ventilation and drainage monitoring facilities;

6. Matters related to control of radiation survey meter and method of radiation measurements;

7. Matters related to surveillance and inspection of use facilities, etc. and relevant measures;

8. Matters related to carry-out, carry-in, transportation, storage and other handling of nuclear fuel materials;

9. Matters related to storage, processing, discharge and delivery of radioactive wastes;

10.Matters related to measures to be taken in the event of an emergency;

11.Matters related to preservation of environment; and

12.Other matters related to safety control regarding use facilities, etc.

(3) The “other documents as prescribed by the Ordinance of the Prime minister” provided in Article 45 (2) of the Act mean any of the following:

1. Explanatory statement on technical capabilities necessary for the use of nuclear fuel materials including those persons who handle nuclear fuel materials;

2. Explanatory statement on shielding from radiation caused by nuclear fuel materials or materials contaminated thereby;

3. Explanatory statement on processing, storage and discharge facilities of nuclear fuel materials and materials contaminated thereby;

4. Matters related to environmental impact by radiation and environmental protection; and

5. Explanatory statement on the type, degree and cause of a potential accident as a result of each of the following and disaster prevention measures in regard to such accident:

a. Operational fault;

b. Machinery and equipment failure; and

c. Hazards including earthquakes and fires.

6. Documents evidencing acquisition of equipment or personnel

(4) Upon the approval of the permit as provided in the main clause of Article 45 (1) of the Act, the Commission shall issue to the applicant a permit on the attached Form 33.

Article 50(Application for Change Permit) #

(1) An application for change permit as provided in Article 70 of the Decree shall be made with the attached Form 34.

(2) The following documents shall be attached to the application form under paragraph 1:

1. A comparative table of attached documents concerning a request for a permit before and after modification

2. Certificate of permit

Article 51(Report of Change in Minor Matters) #

(1) The “minor matters as prescribed by the Ordinance of the Prime minister” provided in the proviso of Article 45 (1) of the Act mean any of the following:

1. Name and address of the permitted person (in the case of a juridical person, its name, address and the name of its representative);

2. Name of the business place pertaining to such change;

3. Construction schedule of the use facilities, etc. of nuclear fuel materials; and

4. Type, annual estimated volume and procurement plan of nuclear fuel materials to be handled at the use facilities, etc. of nuclear fuel materials.

(2) Anyone who intends to declare a change or modification pursuant to Article 45 paragraph 1 proviso of the Act shall submit to the Commission a written declaration using attached form No. 4 together with documents evidencing the change and the certificate of permit based on the following category:

1. When any change is made to matters falling under paragraph 1 subparagraph 1 or 2: Within 10 days of the day of change

2. When a change is to be made concerning matters falling under paragraph 1 subparagraph 3 or 4: Within 10 days of the day of change planned.

Article 52(Technical Capability) #

In Subparagraph 1, Article 46 of the Act, the phrase "technical capability as provided in the Ordinance of the Prime minister shall be available" means that all of the following requirements are met:

1. An organization necessary for the use of nuclear fuel materials is formed and the responsibility and authority required for performance of duties are specifically assigned; and

2. A person engaged in the use of nuclear fuel materials possesses the qualifications and experience commensurate with the responsibility and authority thereof.

Article 53(Application for Facility Inspection) #

(1) An application for inspection as provided in Article 73 (2) of the Decree shall be made with the attached Form 35.

(2) An application for inspection as provided in Article 73 (3) of the Decree shall be made with the attached Form 36.

Article 54(Periodic Inspection) #

(1) Such inspection as provided in Article 75 of the Decree shall be periodically implemented once a year after commencement of utilization.

(2) Any person, who wishes to receive a periodic inspection under the foregoing Paragraph (1), shall submit to the Commission an application for on the attached Form 37.

Article 55(Provisions Applicable Mutatis Mutandis) #

Articles 13, 14 and 38 shall be applied mutatis mutandis to those who have obtained a permit for the use or possession of nuclear fuel.

Article 56(Notification on the Use of Nuclear Raw Materials) #

(1) A notification as provided in Article 77 of the Decree shall be made with the attached Form 38.

(2) “Nuclear raw materials of such kind and quantity as prescribed by the Ordinance of the Prime minister” as provided in Article 52 (1) 2 of the Act mean those materials with radioactive concentration of not more than 74 becquerels per gram (370 becquerels per gram in the case of solid nuclear raw materials), of which the aggregate of the amount calculated by multiplying the uranium volume by three and the amount of thorium is not more than 900 grams.

(3) Upon receipt of such notification as provided in the foregoing Article 77 the Commission shall issue to the notifier a certificate of notification on the attached Form 39.

Article 57(Report on Change of the Use of Nuclear Raw Materials) #

(1) A report as provided in Article 78 of the Decree shall be made with the attached Form 40.

(2) The following documents shall be attached to the declaration form under paragraph 1:

1. Documentary evidence of the changes

2. A certificate of declaration

Article 58(Application for a Permit for the Production of Radioisotopes, etc.) #

(1) An application for a permit for the production of radioisotopes or radiation generating devices (hereinafter referred to as “radioisotopes, etc.”) as provided in Article 79 (1) or (2) of the Decree shall be made with the attached Form 41, or the attached Form 42.

(2) Pursuant to Article 53 (3) of the Act, each of the following documents shall be attached to such application as provided in the foregoing Paragraph (1).

1. Safety analysis report

2. Quality assurance plan

3. Radiation safety report

4. Safety management regulations

5. Documents evidencing the purchase of equipment as prescribed in attached Table 2 of the Decree;

6. Documents evidencing the employment of personnel as prescribed in attached Table 3 of the Decree;

7. Compensation standards as prescribed in Subparagraph 1 of Article 152 of the Decree; and

(3) A safety analysis report as provided in 제2항제1호 shall contain each of the following as determined and publicly notified by the Nuclear Safety and Security Commission:

1. Overview and specifications of radioisotopes, etc.;

2. Material, structure and safety assessment of radioisotopes, etc.; and

3. Performance test program of radioisotopes, etc.

(4) The radiation safety report under paragraph 2 subparagraph 3 shall indicate the following pursuant to the preparation guidelines determined and published by the Commission; however, any matters that are irrelevant to the item to be licensed or permitted may be skipped.

1. Overview of the facility

2. Environment around the facility

3. Outline of the operation plan

4. Characteristics, location and specifications of radioactive sources

5. Outline of safety facilities

6. Radiation handling methods or radiation safety management programs

7. Procedure, method and outcome of assessment of anticipated exposure dose

8. Impact of radiation on surrounding environment

9. Risk of accident and countermeasures

10. Occurrence and plan for handling radioactive waste

11. Personal information and qualifications of personnel responsible for drafting radiation safety reports

(5) The safety management regulations provided under paragraph 2 subparagraph 4 shall indicate the following pursuant to the preparation guidelines determined and published by the Commission; however, any matters that are irrelevant to the item to be licensed or permitted may be skipped.

1. Information concerning organizations that handle radioisotopes or substances contaminated by radioisotopes, and their functions

2. Information concerning the purchase, use or sale of radioisotopes

3. Information concerning the distribution, storage, transport, processing, discharge, storage, in-house disposal or delivery of radioisotopes or substances contaminated by radioisotopes

4. Information concerning the measurement, recording and archiving of measurement outcomes of radiation dose rates, radiation exposure doses, radioactive materials or substances contaminated by them (“radioactive materials” hereinafter)

5. Information concerning the storage, maintenance or calibration of equipment designed for the safe management of radiation

6. Information concerning the assessment of radiation exposure doses of radiation workers and management of personal dosimeters

7. Information concerning education and training required to prevent radiation hazards for radiation workers or visitors

8. Information concerning actions required to detect radiation hazards

9. Information concerning health actions required for those who have been or are feared to be affected by radiation hazards

10. Information concerning recording and maintenance pursuant to Article 58 of the Act

11. Information concerning actions taken against hazards

12. Information concerning countermeasures or the prevention of accidents, including the loss or theft of radioisotopes

13. Information concerning the authority, responsibilities and performance of the radiation safety manager

14. Other information concerning defense against radiation hazards

(6) Upon receipt of an application under Article 79 of the Decree, the Commission shall check the applicant’s tax payer registration certificate using the system for sharing administrative information under Article 36 paragraph 1 of the e-Government Act. If the applicant does not agree to the check, however, he/she shall be required to attach a copy of his/her tax payer registration certificate.

(7) The Commission shall issue to the applicant the permit certificate using Attached Form No. 43 or 44 when the production of radioisotopes is permitted pursuant to the main sentence of Article 53 paragraph 1 of the Act. If the production of a special radioactive material is permitted, approval of the design of the special radioactive material shall also be issued using Attached Form No. 45.

Article 59(Application for a Permit for the Sale of Radioisotopes, etc.) #

(1) Application shall be made for the permit for the sale of radioisotopes under Article 79 paragraph 1 of the Decree, using Attached Form No. 46 or 47.

(2) Pursuant to Article 53 (3) of the Act, each of the following documents shall be attached to such application as provided in the foregoing Paragraph (1):

1. Documents as prescribed in subparagraphs 3 through 7 in Article 58 (2) (among document under subparagraph 6 of Article 48 (2), a copy of the business agent service contract in case the radiation safety controller is to be replaced by personnel under Attached Table 3);

2. Demand, supply and sale program regarding radioisotopes, etc.;

3. Statement on radiation generating devices to be handled in the case of radiation generating devices

(3) When receiving an application for permit in accordance with Article 79 (1) of the Decree, the Nuclear Safety and Security Commission shall check the applicant's business registration certificate through the administrative information sharing system under Article 36 (1) of the Act on Electronic Government. If the applicant refuses to give consent to such check, the Nuclear Safety and Security Commission shall cause the applicant to attach a copy of the business registration certificate.

(4) Upon the grant of the permit for the sale of radioisotopes, etc. as provided in the main clause of Article 53 (1) of the Act, the Commission shall issue to the applicant a permit on the attached Form 48 or on the attached Form 49.

Article 60(Application for a Permit for the Use of Radioisotopes, etc.) #

(1) Application shall be made for the permit for the use (including possession and handling, the same hereinafter) of radioisotopes under Article 79 paragraph 1 of the Decree, using Attached Form No. 50 or 51.

(2) Pursuant to Article 53 (3) of the Act the documents under subparagraph 1 of Article 59 (2) shall be attached to the application under paragraph (1):

(3) Upon receipt of an application under Article 79 paragraph 1 of the Decree, the Commission shall check the applicant’s tax payer registration certificate using the system for sharing administrative information under Article 36 paragraph 1 of the e-Government Act. If the applicant does not agree to the check, however, he/she shall be required to attach a copy of his/her tax payer registration certificate.

(4) The Commission shall issue to the applicant the permit certificate using Attached Form No. 52 or 53 when the use of radioisotopes is permitted pursuant to the main sentence of Article 53 paragraph 1 of the Act.

Article 61(Application for a Permit for the Mobile Use of Radioisotopes, etc.) #

(1) An application for a permit for the mobile use of radioisotopes, etc. as provided in Article 79 (1) of the Decree shall be made with the attached Form 54, or the attached Form 55

(2) Pursuant to Article 53 (3) of the Act, each of the following documents shall be attached to such application as provided in the foregoing Paragraph (1). <Amended on 16 August 2013>

1. Documents falling under Article 58 paragraph 2 subparagraphs 3 to 6 (documents certifying that the applicant satisfies the criteria for equipment under Annex 2 or personnel under Annex 3 if radioisotopes are to be mobile-used for a radiographic inspection)

2. Documents under Article 58 paragraph 2 subparagraph 7

(3) Upon receipt of an application under Article 79 paragraph 1 of the Decree, the Commission shall check the applicant’s tax payer registration certificate using the system for sharing administrative information under Article 36 paragraph 1 of the e-Government Act. If the applicant does not agree to the check, however, he/she shall be required to attach a copy of his/her tax payer registration certificate.

(4) The Commission shall issue to the applicant the permit certificate using Attached Form No. 56 or 53 when the mobile use of radioisotopes is permitted pursuant to the main sentence of Article 53 paragraph 1 of the Act.

Article 62(Application for Change Permit) #

(1) An application for change permit as provided in Article 80 of the Decree shall be made with the attached Form 58.

(2) Each of the following documents shall be attached to such application as provided in the foregoing Paragraph (1):

1. Documents related to the change;

2. A document stating the measures to be taken for radiation hazard protection during the period of construction in the case of any change accompanying construction; and

3. A certificate of permit.

Article 63(Report of Change in Minor Matters) #

(1) The "temporary change of the place of use or change of other minor matters" provided on the proviso of Article 53 (1) of the Act means any of the following changes: <Amended on 16 August 2013>

1. Temporary change of the place of use that falls under any of the following:

a. Change in the place of use of radioisotopes, etc. for the mobile use thereof at a place other than the existing place of business for the purpose of assay, calibration or non-destructive test;

b. Opening a workplace (referring to a place where radioisotope is used, the same hereinafter) for the mobile use of radioisotopes outside a business establishment for a radiographic inspection

c. Change in the place of use of radiation generating devices or devices containing radioisotopes (hereinafter referred to as “radiation equipment”) for mobile use thereof at a place other than the existing place of business for the purpose of an check, search or security; and

d. Changing the place of use in order to display or exhibit a radiation generator or appliance which contains a radioisotope therein (hereinafter “radiation appliance“) for promotion outside a business establishment

2. Change that falls under any of the following:

a. Matters related to the reduction of the types or quantity of radioisotopes, etc. that does not require any change in use facilities, etc.;

b. Name and address of the permitted person (hereinafter permitted user) (in the case of a juridical person, its name and address and the name of its representative);

c. (deleted)

d. Information concerning the addition or modification of radioisotopes subject to declaration of use by the permitted user under Article 65 or radiation generating devices subject to declaration of use by the permitted user under Article 66.

e. Matters related to a change of safety control regulations.

(2) In the event any matter as set forth in Subparagraph 2 of the foregoing Paragraph (1) is changed, a report on the attached Form 4 shall be submitted to the Commission within thirty (30) days from the date of such change. Provided, that in the event the matter set out in Subparagraph 2 (d) of the foregoing Paragraph (1) is changed, such report shall be submitted prior to making such change.

(3) The following documents shall be attached to the declaration form under paragraph 2:

1. Documents concerning the change or modification

2. A certificate of permit

Article 64(Declaration of temporary change of use place) #

(1) Anyone who intends to declare a change(s) concerning information under Article 63 paragraph 1 subparagraph 1 (excluding item b) pursuant to Article 53 paragraph 1 proviso of the Act shall submit Attached Form No. 59 to the Commission five days before commencement of the mobile use. The same shall apply to a revision of the information declared. <Amended on 16 August 2013>

(2) Each of the following documents shall be attached to such report as provided in the foregoing Paragraph (1):

1. Explanatory statement on the place of use and the surrounding area thereof;

2. Detailed structure description of storage facilities;

3. Layout of storage facilities and the radiation control area;

4. Explanatory statement on work methods;

5. Explanatory statement on transportation methods; and

6. Documents related to change of reported matters (only in those cases where any reported matter is to be changed).

(3) Anyone who intends to declare a change(s) concerning information falling under Article 63 (1) 1. b. shall submit Attached Form No. 59-2 to the Commission together with the documents listed below 30 days before commencement of the mobile use (or five days in advance if the work period is less than one month or if urgent handling is required): The same shall apply to a revision of the information declared. <Amended on 16 August 2013>

1. Radiographic inspection contract with the customer

2. Description of the workplace and surrounding area

3. Statement of structure of storage facility or outcome of shielding assessment

4. Description of radiation control zone

5. Description of work methods

6. Description of transport methods

7. Documents concerning the assignment of workplace radiation safety controller

(4) When a temporary workplace operation is finished, the person who declares pursuant to paragraph (3) shall submit Attached Form No. 59-3 to the Commission together with the customer’s certificate of workplace closure, including the personnel concerned and the volume of work, within 10 days. <Newly inserted on 16 August 2013>

Article 65(Radioisotopes of Which Use, etc. Should Be Notified) #

The “sealed radioisotopes, the purpose of use or the quantity of which is smaller than what is prescribed by the Ordinance of the Prime minister” provided in Article 53 (2) of the Act mean sealed radioisotopes meeting each of the following standards which are not feared to be damaged during the use or mobile use thereof, with radioactivity signs attached on the exterior of a container or equipment:

1. Usage:

a. X-ray fluorescence analysis;

b. X-ray diffractometry;

c. Electron capturing regarding gas chromatography; and

d. Others determined and publicly notified by Nuclear Safety and Security Commission.

2. Quantity:

a. If radioisotopes are contained in any equipment for calibration, the quantity of radioisotopes shall not be more than 40 megabecquerels, and the surface radiation dose rate shall be not more than 500 microsieverts per hour when radioisotopes are in use and 1 microsievert per hour when radioisotopes are not in use; and

b. If radioisotopes are contained in any container or equipment other those as provided in the foregoing Item (a), the quantity of radioisotopes shall be not more than the level determined by Nuclear Safety and Security Commission and the surface radiation dose rate shall be not more than 10 microsieverts per hour, and such equipment shall be integral equipment that is prevented from contact with radioactive materials.

Article 66(Radiation Generating Devices of Which Use, etc. Should Be Notified) #

The “radiation generating devices, the purpose of use or the capacity of which is less than what is prescribed by the Ordinance of the Prime minister” provided in Article 53 (2) of the Act mean those radiation generating devices which meet each of the following standards:

1. Usage:

a. X-ray fluorescence analysis;

b. X-ray diffractometry;

c. Accelerated ion implanting;

d. Baggage screening; and

e.Others determined and publicly notified by theNuclear Safety and Security Commission.

2. Capacity:

Self-shielded radiation generating devices, of which the maximum voltage of the accelerating tube is not more than 170 kilovolts and the surface radiation dose rate is not more than 10 microsieverts per hour.

Article 67(Notification on the Use of Radioisotopes, etc.) #

(1) A notification on the use or mobile use as provided in Article 81 of the Decree shall be respectively made with the attached Form 60 or attached Form 61.

(2) Each of the following documents shall be attached to such notification as provided in the foregoing Paragraph (1):

1. Statement on radioisotopes, etc. containing each of the following:

a. Type and quantity of radioisotopes (type of radiation and maximum energy in the case of radiation generating devices);

b. Surface radiation dose rate;

c. Purpose and method of use; and

d. Name, model number and serial number of equipment and name of its manufacturing company.

2. Planned measures regarding radioisotopes of which use has been ended (in the case of a notification on the use of radioisotopes only)

3. Explanatory statement on the status of use facilities, etc. and surrounding environment thereof

4. Documents evidencing the fact that any person, who has obtained a licence as set forth in Subparagraphs 5 and 7 of Article 84 (2) of the Act, or a professional engineer of radiation control under the National Technical Qualifications Act remains employed, if any, or documents evidencing the fact that a business agent for radiation safety control as provided in Article 54 (1) 5 of the Act is in service, if any.

5. Compensation standards as prescribed in Subparagraph 1, Article 152 of the Decree

(3) When receiving a notification on use or mobile use of radioisotope, etc. in accordance with Article 81 of the Decree, the Nuclear Safety and Security Commission shall check the business registration certificate through the administrative information sharing system under Article 38 (1) of the Act on Electronic Government. If the notifier refuses to give consent to such check, the Nuclear Safety and Security Commission shall cause the reporter to attach a copy of the business registration certificate.

(4) If the Commission acknowledges, in his reasonable discretion, that a notification received in accordance with the foregoing Paragraph (1) is appropriate, he shall respectively issue to the notifier a certificate of notification on the attached Form 62 or on the attached Form 63.

Article 68(Report on the Change of the Use of Radioisotopes, etc.) #

(1) A report on change of the use or mobile use as provided in Article 82 of the Decree shall be respectively made with the attached Form 64 or attached Form 65.

(2) The following documents shall be attached to the declaration form under paragraph 1:

1. Documents evidencing the changes

2. A certificate of declaration

Article 68-2(Reporting of appointment, etc., of radiation safety controller) #

(1) Attached Form No. 65-2 shall be used for reporting the appointment, change, or dismissal of the radiation safety controller pursuant to Article 82-2 (3).

(2) The following documents shall be attached to the reporting under Paragraph (1):

1. Document evidencing the employment of the radiation safety controller (a copy of the business agent service contract in case business agent is to substitute the radiation safety controller) - 1 copy

2. License in case of a permitted user (including documents certifying completion of refresher education) or copy of qualification certificate of professional engineer of radiation safety (including qualification registration certificate thereof) ? 1 copy

3. 1 copy of Documents evidencing the background of having performed jobs of handling radioactive isotopes and 1 copy of documents evidencing completion of education for radiation safety controller in case of a person who has notified in accordance with the first part of Article 53 (2) of the Act (hereinafter “notified user”):

a.

b. Documents evidencing completion of education performed by licensed salespersons, documents evidencing completion of basic education for newly appointed radiation work performers, or documents evidencing completion of education of radiation safety managers ? 1 copy each

4. Information concerning the division of work for the radiation safety controller (limited to cases wherein two or more persons are involved)

5. Documents evidencing the facts if any reported information is to be changed ? 1 copy

Article 68-3(Qualification requirements for radiation safety controllers) #

(1) The specific qualification requirements for the radiation safety controller under Article 82-3 (3) of the Decree shall be as follows:

1. When appointed by a permitted user, one who meets the following requirements among those falling under Attached Table 1-2:

a. When possessing a license: One who has obtained a license within the last three years of the date of appointment or who has taken the refresher education under Article 106 (2) of the Act

b. When possessing professional engineer for radiation safety: One who has been registered as an engineer or whose engineer registration has been renewed pursuant to Article 5-7 (1) of the Professional Engineers Act

2. When appointed by a notified user, one who falls under any of the following: One who has taken the general area education for radiation safety controller under Article 138 (1) within the last three years of the date of appointment among those who have performed duties handling radioactive isotopes, etc.

(2) When there are two or more radiation safety controllers, their duties for radiation safety controller shall be clearly divided.

Article 69(Application for Registration of a Business Agent, etc.) #

(1) Any person, who applies for a registration to vicariously perform any business as set forth in Article 54 (1) of the Act, shall submit to the Commission an application for registration as a business agent on the attached Form 66 for each place of business.

(2) “Other services related to radiation safety management and the prevention of hazards as provided under the Prime Minister’s Decree” under Article 54 paragraph 1 subparagraph 1 of the Act shall refer to the following services:

1. Services related to the inspection of leakages of radiation sources

2. Design of use facilities, etc.

3. Services related to the preparation of internal inspection reports

(3) The outsourced service regulations under Article 54 paragraph 3 of the Act shall indicate the following information pursuant to the guidelines determined and published by the Commission:

1. Radiation safety management system

2. Procedure for out-sourced services to be performed

3. Safety management procedure

4. Radiation emergency response procedure

(4) The “other documents as prescribed by the Ordinance of the Prime minister” provided in Article 54 (3) of the Act mean any of the following documents:

1. Documents evidencing the fact that the equipment and manpower as provided in Article 84 of the Decree remain secured;

2. Compensation standards as prescribed in Subparagraph 1 of Article 152 of the Decree; and

3. Documents certifying the career status of personnel who have the technical competence related to the agency business.

(5) The career status of the personnel as provided in Subparagraph 3 of the foregoing Paragraph (4) shall be assessed according to the following:

1. The period of work experience shall be calculated on a monthly basis, with a period of not less than fifteen (15) days regarded as one (1) month; and

2. The base date for such calculation shall be the date of application for registration of an agency business.

(6) When receiving an application for registration in accordance with Article 54 (3) of the Act, the Nuclear Safety and Security Commission shall check the applicant's business registration certificate through the administrative information sharing system under Article 36 (1) of the Act on Electronic Government. If the applicant refuses to give consent to such check, the Nuclear Safety and Security Commission shall cause the applicant to attach a copy of the business registration certificate.

(7) Upon receipt of the request for registration under Article 54 paragraph 3 of the Act, the Commission shall issue to the applicant a registration certificate using Attached Form No. 67 provided that the application satisfies the criteria for registration.

Article 70(Report of Change in Registered Matters) #

(1) If any person, who has made a registration as prescribed in Article 54 (1) of the Act (hereinafter referred to as “business agent”), intends to change, according to Article 54 (2) of the Act, any matter that has been registered, he shall submit to the Commission a report on the change in registration as a business agent on the attached Form 68 within thirty (30) days from the date when a reason for such change arose.

(2) The following documents shall be attached to the declaration form under paragraph 1:

1. Documents concerning a change or modification

2. A certificate of registration

Article 71(Vicarious Performance of a Radiation Safety Officer's Duties) #

(1) A permitted user (limited to the case of user or seller of radioisotopes, etc.; The same shall be applied in this Article) may substitute radiation safety controller with the personnel of business agent only in one of the following cases:

1. When sealed radioisotopes are used for the purpose of a diagnosis.

2. When radioisotopes, etc. that fall under any of the following are used (excluding those cases where they are used for the human body):

a. Sealed radioisotopes that are not contained or loaded in any equipment, of which annual usage quantity is less than 1.85 terabecquerels;

b. Sealed radioisotopes that are contained or loaded in any equipment, of which annual usage quantity is less than 3.7 terabecquerels; and

c. Not more than one radiation generating device with the maximum voltage of 250 kilovolts and maximum capacity of 5 milliamperes or below.

3.When radiation generating devices are sold.

(2) The business agent may designate a personnel thereof to serve as an agent for a maximum of fifteen (15) permitted users of radioisotopes, etc. provided in Paragraph (1) above.

(3) The business agent may provide radiation safety controller service for 30 or less notified users.

(4) Between dedicated personnels of the business agent under Paragraph (2) or (3), the service thereunder shall be clearly divided.

Article 72(Technical Capability of Business Agent) #

"To secure the technical capability necessary to perform the agency business as prescribed by the Ordinance of the Prime minister" in Article 55 (2) 1 of the Act means that all of the following requirements are met:

1. To establish and operate a radiation safety control system; and

2. To formulate procedures by type of agency business registered in accordance with Article 54 of the Act.

Article 73(Scope, etc. of Agency Business) #

“The scope of outsourced services and the relevant regulations satisfy the standards provided under the Prime Minister’s Decree” under Article 55 paragraph 2 subparagraph 3 of the Act shall mean that all of the following standards have been satisfied:

1. The outsourced services for radiation safety management shall be performed at an office located in each region determined and published by the Commission.

2. The outsourced service regulations shall be prepared to satisfy the guidelines determined and published by the Commission pursuant to Article 69 paragraph 3.

Article 74(Device Subject to Documentary Deliberation Regarding Facility Inspection) #

In Article 85 (2) 2 of the Decree, the phrase "devices prescribed by the Ordinance of the Prime minister" means radiation generating devices of which maximum power is not more than 250 kilovolts.

Article 75(Documentary Deliberation of Self-Check and Supervision in Lieu of Facility Inspection, etc.) #

(1) A permitted user's self-check as provided in Article 85 (2) of the Decree or a business agent's supervision as provided in Article 85 (3) of the Decree shall be conducted regarding each of the following:

1. Manufacturing company, model number and serial number of radiation equipment;

2. Maximum capacity of radiation generating devices;

3. Nuclide, radioactivity, manufacturing company, model number, serial number and certificate of radioisotopes contained;

4. Location of installation and state of use facilities, etc. including radiation equipment;

5. Radiation dose rate at the external surface of radiation equipment and major points of use facilities, etc. after installation of radiation equipment;

6. Materials and dimension of use facilities, etc.;

7. Environment surrounding use facilities, etc.;

8. The status of installation of safety device in use facilities, etc. and safety control equipment in possession; and

9. Posting location and details of radioactivity labels and cautions.

(2) Anyone who intends to request a written review pursuant to Article 85 paragraph 2 or 3 of the Decree shall submit Attached Form No. 69 to the Commission together with the outcome of the internal inspection or supervision.

Article 76(Application for Inspection, etc.) #

Attached Form No. 70 shall be used when applying for an inspection under Article 87 of the Decree.

Article 77(Timing of Periodic Inspection) #

The timing of periodic inspection as provided in Article 88 of the Decree shall be specified in the attached Table 1.

Article 78(Documentary Deliberation of Self-Check in Lieu of Periodic Inspection) #

(1) Self-check of permitted users as provided in Article 88 (3) of the Decree shall be conducted regarding each of the following:

1. Status of the purchase, use, storage and disposal of radioisotopes, etc.;

2. Actual use result of radioisotopes, etc.;

3. Status of radiation workers;

4. Status of exposure control, medical checkup and education of radiation workers;

5. Radiation measuring status of use facilities, etc.;

6. Status of the possession of radiation survey meter and status of assay and calibration thereof;

7. Leakage test performance and results as regards radiation equipment;

8. Status of safety control records in possession; and

9. Matters that are not in conformity with the technical standards under Article 59 (1) of the Act, the causes thereof and relevant measures.

(2) A permitted user who wishes to apply for documentary deliberation in accordance with Article 88 (3) of the Decree shall submit to the Commission an application with the attached Form 73 by attaching its self-check findings thereto.

Article 79(Subjects of Documentary Deliberation Regarding Periodic Inspection) #

For the purpose of Article 88 (3) 1 of the Decree, a "person who installs and operates use facilities, etc. of which periodic inspection cycle is three or five years as prescribed by the Ordinance of the Prime minister" means a person regarding whom the timing of periodic inspection under the attached Table 1 is every three or five years.

Article 80(Application for Inspection, etc.) #

(1) When applying for an inspection under Article 90 main sentence, Attached Form No. 70 shall be used in the case of a periodic inspection under Article 88 paragraph 1 of the Decree, whereas Attached Form No. 72 shall be used in the case of a periodic inspection under paragraph 2 of the same article.

(2) Anyone who intends to have their production of radioisotope inspected pursuant to Article 91 paragraph 1 of the Decree shall submit Attached Form No. 73 to the Commission.

Article 81(Notice of passing) #

The Commission shall notify those who have been subject to an inspection under the following as to whether they have passed the inspection or not:

1. Inspection under Article 85 paragraph 1 of the Decree

2. Written review under Article 85 paragraph 2 or 3 of the Decree

3. Inspection under Article 88 paragraph 1 or 2 of the Decree

4. Written review under Article 88 paragraph 3 of the Decree

5. Inspection under Article 91 paragraph 1 of the Decree

Article 82(Application for Design Approval of Radiation Equipment) #

(1) Application for the design approval of radiation equipment (hereinafter referred to as “design approval”) as provided in Article 93 (1) of the Decree shall be made with the attached Form 74.

(2) The information listed below shall be included in the design data of radiation appliances under Article 60 paragraph 2 of the Act.

1. Design overview and explanation; and

2. Design drawings.

(3) The information listed below shall be included in the data concerning safety assessment under Article 60 paragraph 2 of the Act.

1. Overview and specifications of radiation equipment;

2. Material, structure and safety assessment of radiation equipment;

3. Installation and operation procedures of radiation equipment; and

4. Test and maintenance procedures of radiation equipment.

(4) The information under Article 4 paragraph 4 shall be indicated in the production quality assurance plan under Article 60 paragraph 2 of the Act.

(5) “Documents provided under the Prime Minister’s Decree” under Article 60 paragraph 2 of the Act shall refer to a manufacturer inspection-related certificate accredited in the manufacturing country or to a quality assurance certificate issued by the manufacturers.

(6) The quality assurance plan under paragraph 4 shall not be submitted for imported radiation appliances when applying for the approval of a design pursuant to Article 60 paragraph 2 of the Act. The quality assurance related certificate under paragraph 5 shall be submitted only for imported radiation appliances.

(7) (5) A certificate of design approval as provided in Article 93 (3) of the Decree shall be made with the attached Form 75.

Article 83(Approval of a change in the design of radiation appliances) #

Anyone who intends to obtain approval for a change in the design of a radiation appliance pursuant to Article 60 ?paragraph 1 main sentence latter half of the Act shall submit Attached Form No. 76 to the Commission together with the following documents:

1. Documents concerning a change or modification

2. A certificate of approval

Article 84(Report of Change in Minor Matters) #

(1) The “minor matters as prescribed by the Ordinance of the Prime minister” provided in the proviso of Article 60 (1) of the Act mean any of the following:

1. Name and address of the approved person (its name, address and its representative's name in the case of a juridical person);

2. Name and location of the place of business; and

3. Simple change in the name of radiation equipment model without any design change thereto.

(2) Anyone who intends to declare changes or modifications pursuant to Article 60 paragraph 1 proviso shall submit Attached Form No. 4 and the documents listed below to the Commission within 30 days of the occurrence of the cause of such change or modification:

1. Documents evidencing such change; and

2. A certificate of approval.

Article 85(Application for Inspection of Radiation Equipment) #

(1) An application for the inspection as provided in Article 94 (1) of the Decree shall be made with the attached Form 77.

(2) Each of the following documents shall be attached to such application as provided in the foregoing Paragraph (1):

1. Statement on test/inspection facilities and equipment; and

2. Explanatory statement on test/inspection.

3. A certificate of approval.

(3) The Commission shall reissue to persons who have passed an inspection pursuant to Article 94 of the Decree a certificate by specifying the details that such design has passed an inspection.

Article 86(Provisions Applicable Mutatis Mutandis) #

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Article 38 shall be applied mutatis mutandis to those appliances whose use has been permitted or those persons who have made a declaration pursuant to Article 53 paragraph 2 of the Act.

Article 87(Application for a Permit for Construction/Operation of Disposal Facilities, etc.) #

(1) Attached Form No. 78 shall be used when applying for a permit under Article 96 of the Decree.

(2) A radiation environmental report as prescribed in Article 63 (2) of the Act shall contain such matters as set forth in each Subparagraph of Article 4 (2) hereof.

(3) A safety analysis report as prescribed in Article 63 (2) of the Act shall contain such matters as set forth in each of the following Subparagraphs as publicly notified by the Commission:

1. Facility overview and status;

2. Site characteristics;

3. Facility design and construction;

4. Facility operation and management;

5. Site closure and institutional control;

6. Safety assessment and accident analysis;

7. Protection from radiation hazards; and

8. Technical specifications.

(4) The information listed below shall be indicated in the safety management regulations under Article 63 paragraph 2 of the Act.

1. Information concerning the operation, management organs and functions of facilities for the storage, processing and disposal of radioactive wastes, or their ancillary facilities

2. Matters related to the appointment, authority, responsibilities, and performance of duties of the radiation safety officer.

3. Matters related to safety control education for those personnel working at disposal facilities, etc.

4. Matters related to the operation of safety control facilities.

5. Matters related to the safe operation of disposal facilities, etc.

6. Matters related to access control as regards a radiation control area, preservation area and exclusion area.

7. Matters related to ventilation and drainage monitoring facilities.

8. Matters related to each of the following as regards the radiation control area, preservation area and exclusion area:

a. Radiation dose rate;

b. Concentration of radioactive materials; and

c. Matters related to monitoring of the level of surface contamination of the materials contaminated by radioactive materials and decontamination thereof;

9. Matters related to control of radiation survey meter and method of radiation survey.

10.Matters related to personal dose control and personal dosimeter control regarding radiation workers and the assessment method thereof.

11.Matters related to surveillance and check of disposal facilities, etc. and relevant measures.

12.Matters related to self-check of disposal facilities, etc.

13.Matters related to transport, storage and handling of radioactive wastes.

14.Matters related to processing of radioactive wastes.

15.Matters related to radiation monitoring of adjoining areas, etc.

16.Matters related to measures to be taken in the event of an emergency.

17.Matters related to safety control records concerning disposal facilities, etc.

18.Other matters necessary for safety control.

(5) A quality assurance program concerning construction and operation as prescribed in Article 63 (2) of the Act shall contain such matters as set forth in each Subparagraph of Article 4 (4) hereof.

(6) The “documents as prescribed by the Ordinance of the Nuclear Safety and Security Commission” provided in Article 63 (2) of the Act mean each of the following:

1. Documents on the construction/operation plan of disposal facilities, etc.;

2. Documents on the storage, processing and disposal method of radioactive wastes;

3. Documents on the types and volume of radioactive wastes to be stored, processed or disposed of in disposal facilities, etc.;

4. Explanatory statement on technical capabilities regarding construction/ operation of disposal facilities, etc.; and

5. Documents evidencing that such equipment and manpower as prescribed in Article 99 of the Decree have been secured.

(7) Upon the grant of a permit for the construction/operation of the disposal facilities, etc. pursuant to Article 63 (1) of the Act, the Commission shall issue to the applicant a certificate of permit on the attached Form 79.

Article 88(Change of Permit) #

(1) An application for change of permit as provided in Article 98 of the Decree shall be made with the attached Form 80.

(2) Each of the following documents shall be attached to such application as provided in the foregoing Paragraph (1):

1. Comparative table of the attached documents requesting a permit before and after modification

2. Construction plan and radiation hazard protection plan (only in those cases where construction is accompanied); and

3. Permit (only in those cases where any matter stated in such permit is to be changed).

Article 89(Report of Change in Minor Matters) #

(1) The “minor matters as prescribed by the Ordinance of the Prime minister” provided in the proviso of Article 63 (1) of the Act mean each of the following:

1. Name and address of the person to whom the permit was granted (its name, address and its representative's name in the case of a juridical person);

2. Name of business place of installing disposal facilities, etc.;

3. Construction schedule of the disposal facilities, etc.;

4. Matters set forth in Subparagraphs 1, 4 or 7 of Article 87 (3) hereof among the items of a safety analysis report as provided in said Paragraph; and

5. Matters set forth in Article 4 (4) 2 through Article 4 (4) 18 hereof among the items of a quality assurance program with respect to construction and operation as provided in Article 87 (5) hereof.

(2) Anyone who intends to declare changes or modifications pursuant to Article 63 paragraph 1 proviso shall submit Attached Form No. 4 and the documents listed below to the Commission within 20 days of the occurrence of the reason for such change or modification:

1. Documents concerning change or modification

2. Certificate of permit

Article 90(Application, etc. for Pre-operational Inspection) #

(1) Anyone who intends to undergo a pre-operational inspection under Article 101 of the Decree shall submit Attached Form No. 81 to the Commission together with the relevant documents indicating the outline and construction schedule of the facilities to be inspected.

(2) Applications under paragraph 1 shall be submitted no later than 30 days for each period under Article 102 of the Decree.

(3) The Commission shall notify the person, who has undergone an pre-operational inspection, as to whether such person has passed such pre-operational inspection as prescribed in Article 101 of the Decree.

Article 91(Application, etc. for Periodic Inspection) #

(1) Any person, who wishes to receive a periodic inspection as provided in Article 103 of the Decree, shall submit to the Commission an application on the attached Form 82, with the document containing each of the following attached thereto:

1. Overview of the facilities to be subject to inspection; and

2. Periodic inspection receipt plan.

(2) Such application as provided in the foregoing Paragraph (1) shall be submitted at least thirty (30) days prior to the desired date of inspection.

(3) The Commission shall notify the person, who has undergone a periodic inspection, as to whether such person has passed such periodic inspection as prescribed in Article 103 of the Decree.

Article 92(Timing of Periodic Inspection) #

Such periodic inspection as prescribed in Article 103 (1) of the Decree shall be performed on an annual basis.

Article 93(Application for Disposal Inspection) #

(1) An application as provided in Article 104 (2) of the Decree shall be made with the attached Form 83.

(2) Such application as provided in the foregoing Paragraph (1) shall be submitted at least one (1) month prior to the commencement of disposal work.

(3) The Commission shall notify the person, who has undergone a disposal inspection according to Article 104, as to whether such person has passed such inspection.

Article 94(Limitations on Disposal of Radioactive Wastes) #

The “radioactive wastes of such kinds and quantity as prescribed by the Ordinance of the Prime minister” provided in Article 70 (2) of the Act mean the radioactive wastes of which annual personal dose to an individual is not less than 10 microsieverts or total personal dose to a group is not less than 1 man?sievert, with a concentration by nuclide not lower than the level as determined by the Nuclear Safety and Security Commission.

Article 95(Report of Self-Disposal) #

(1) A self-disposal plan for radioactive wastes as prescribed in Article 107 (2) of the Decree shall be submitted with the attached Form 84.

(2) The plan under paragraph 1 shall be attached with documents concerning the procedures or methods of internal disposal of radioactive wastes prepared pursuant to the guidelines determined and published by the Commission.

Article 96(Delivery of Radioactive Wastes) #

(1) The standards for the delivery of radioactive wastes as prescribed in Article 70 (4) of the Act are as follows:

1. Radioactive wastes shall be classified according to the types and radioactive concentration thereof, and meet the disposal requirements of the disposal site;

2. Radioactive wastes shall be in solid form to ensure safety after disposal thereof;

3. The structural soundness of a package shall be maintained to prevent any possible damage thereto during transport and handling thereof;

4. Free water in a package shall be minimized and the leaching rate of nuclides contained in solidified radioactive wastes shall be properly limited;

5. As regards radioactive wastes, potential risks by explosive, inflammable and hazardous materials and so forth shall be eliminated; and

6. Major information on radioactive wastes shall be notably displayed on the exterior of a package.

(2) The delivery methods and procedures with respect to radioactive wastes as provided in the foregoing Paragraph (1) and other necessary matters shall be determined and publicly notified by the Nuclear Safety and Security Commission.

Article 97(Provisions Applicable Mutatis Mutandis) #

Articles 13, 14, 34 and 38 shall be applied to those who have obtained a permit for the construction or operation of a disposal facility under Article 63 (1) of the Act.

Article 98(Report of Transport) #

(1) The “radioactive materials, etc., the quantity of which is prescribed by the Ordinance of the Prime Minister” provided in Article 71 (1) of the Act mean such materials, etc. that fall under any of the followings:

1. Type B(U) packages

2. Type B(M) packages

3. Type C packages

4. Fissile material packages

5. Large-sized machinery and equipment contaminated by radioactive materials that are inappropriate for packaging in a transport container.

(2) A report as provided in Article 108 (1) of the Decree shall be made with the attached Form 85.

(3) Each of the following documents shall be attached to such report as provided in the foregoing Paragraph (2). Provided, that among the documents as set forth in the following Subparagraphs 3 through 6, those which were submitted at the time of the previous report of transport and regarding which one (1) year has not elapsed yet shall be excluded:

1. Statement on transport of radioactive materials;

2. Explanatory statement on radioactive materials, etc. to be transported;

3. Form of a packaging and transport checking record;

4. Containers for packaging or transporting radioactive materials, etc. (hereinafter referred to as “transport container”) and design approval of special form radioactive materials;

5. Transport procedures; and

6. Emergency response plan.

(4) The “period as prescribed by the Ordinance of the Prime minister” provided in the proviso of Article 108 (1) of the Decree means one-year period.

(5) Attached Form No. 86 shall be used to declare changes pursuant to Article 108 paragraph 3 of the Decree.

(6) Any declaration made under paragraph 5 shall be supported with documentary evidence of the changes.

Article 99(Report of Transport by Foreign Ships, etc.) #

(1) The “radioactive materials, etc., the quantity of which is prescribed by the Ordinance of the Prime minister” provided in Article 71 (2) of the Act mean such materials, etc. that fall under any of the following:

1. Type B(M) packages

2. Type B(U) packages which exceed quantity determined by the Commission;

3. Type C packages which exceed quantity determined by the Commission;

4. Other radioactive materials, etc. determined and publicly notified by the Commission.

(2) The “documents as provided by the Ordinance of the Prime minister” provided in Article 109 (1) of the Decree mean the documents containing each of the following:

1. Sufficient information to enable the identification of the package or packages including all applicable numbers and identification marks;

2. Information on the date of shipment, the expected date of arrival and proposed routing;

3. The names of the radioactive materials or nuclides;

4. Descriptions of the physical and chemical forms of the radioactive material;

5. Whether it is special form radioactive material or low dispersible radioactive materials; and

6. The maximum activity of the radioactive contents during transport expressed in units of becquerels (Bq) with an appropriate SI prefix. For fissile material, the mass of fissile material in units of grams, or mutiples thereof, may be used in place of activity.

Article 100(Emergency Response Plan) #

(1) A nuclear enterpriser under Article 71 of the Act (hereinafter referred to as "nuclear enterpriser") or a person entrusted with the transport of radioactive materials, etc. from a nuclear enterpriser shall formulate an emergency response plan under Article 74 (1) of the Act in transporting radioactive materials, etc. as set forth in each Subparagraph of Article 98 (1).

(2) An emergency response plan as provided in the foregoing Paragraph (1) shall include any of the following:

1. Emergency response organization and the authority and duties thereof;

2. Accident reporting procedures; and

3. Measures to be taken by type of accident.

Article 101(Inspection of Packaging and Transport) #

(1) “Those provided under the Prime Minister’s Decree” under Article 111 paragraph 1 of the Decree shall refer to the following persons:

1. Operator of a nuclear power reactor

2. Installer of a nuclear research reactor, etc. as provided in Article 32 of the Act (hereinafter referred to as “installer of a nuclear research reactor, etc.”)

3. Nuclear fuel cycle enterpriser as provided in Article 37 (1) of the Act (hereinafter referred to as “nuclear fuel cycle enterpriser”)

4. Installer of disposal facilities, etc. as provided in Article 65 (1) of the Act (hereinafter referred to as “installer of disposal facilities, etc.”) or a person specializing in the mobile use of radioisotopes, etc.

5. Producer/seller of radioisotopes

(2) The inspection cycle provided under Article 111 paragraph 1 of the Decree shall be as follows:

1. Persons falling under paragraph 1 subparagraphs 1 through 4: Each year

2. Persons falling under paragraph 1 subparagraph 5:

a. If annual production/sales volume of sealed radioisotopes is not less than 370 terabecquerels : Every year

b. If annual production/sales volume of radioisotopes other than sealed radioisotopes (hereinafter referred as "unseald radioisotopes") is not less than 37 terabecquerels : Every year

c. If annual production/sales volume of sealed radioisotopes is less than 370 terabecquerels : Every three years

d. If annual production/sales volume of unsealed radioisotopes is less than 37 terabecquerels : Every three years

(3) "Radioactive materials, etc. as prescribed by the Ordinance of the Prime minister" in Article 111 (2) of the Decree shall mean each of the following radioactive materials, etc.:

1. In case of packaging or transport by a person who must undergo periodic packaging or transport inspections in accordance with the foregoing Paragraph (1):

a. Spent nuclear fuels;

b. Radioactive materials, etc. of which special transport is approved in accordance with regulations set by the Commission; and

c. Radioactive materials, etc. to be transported of which radioactivity exceeds a 30-fold of the relevant A1 or A2 values as in accordance with regulations set by the Commission;

2. In case of packaging or transport by a person other than the person provided in the foregoing Subparagraph 1:

a. Transported materials that fall under Article 98 (1) 1 or Article 98 (1) 2; and

b. Radioactive materials, etc. that fall under Item (b) of the foregoing Subparagraph 1.

(4) An application for a packaging/transport inspection as provided in Article 111 (4) of the Decree shall be made with the attached Form 87.

(5) The Commission shall notify those who underwent packaging or transport inspections under Article 111 (1) or Article 111 (2) of the Decree of whether they have passed.

Article 102(Subjects of Documentary Deliberation Regarding Packaging and Transport Inspections) #

In Article 111 (5) 1 of the Decree, "the standard volume as prescribed by the Ordinance of the Prime minister" means any of the following:

1. Annual production/sales volume of sealed radioisotopes: 370 terabecquerels; and

2. Annual production/sales volume of unsealed radioisotopes: 37 terabecquerels.

Article 103(Documentary Deliberation, etc. Regarding Packaging and Transport) #

(1) “Targets of inspection provided under the Prime Minister’s Decree” in the main sentence of Article 111 paragraph 5 of the Decree shall refer to the following:

1. Packaging, transport and check performance regarding radioactive materials, etc.;

2. Status of workers involved in packaging and transport of radioactive materials, etc.;

3. Status of exposure control and training for workers involved in packaging and transport of radioactive materials;

4. Status of transport containers in possession and the management thereof;

5. Status of transport vehicles in possession and the management thereof;

6. Status of radiation measuring equipment in possession and status of assay and calibration thereof;

7. Status of safety control records in possession; and

8. Matters that are not in conformity with the technical standards for packaging or transport under Article 72 of the Act, the causes thereof and relevant measures.

(2) A nuclear enterpriser who wishes to apply for documentary deliberation in accordance with Article 111 (5) of the Decree shall submit to the Commission an application with the attached Form 88 by attaching its self-check findings thereto.

(3) The Commission shall notify those who underwent documentary deliberation under Article 111 (5) of the Decree of whether they have passed.

Article 104(Subjects of Design Approval regarding Transport Container) #

The “containers for packaging or transport of radioactive materials, etc. of which the quantity is prescribed by the Ordinance of the Prime minister” provided in the former part of Article 76 (1) of the Act mean a transport container that falls under any of the following:

1. Type B(U) transport containers

2. Type B(M) transport containers

3. Type C transport containers

4. Fissile material transport containers

Article 105(Application for Design Approval) #

(1) The application form under Article 76 para 2 of the Act shall be Attached Form No. 89.

(2) The production quality assurance plan under Article 76 para 2 of the Act may be submitted for an application for a production inspection pursuant to Article 108.

(3) Such safety analysis report as provided in Article 76 para 2 shall contain each of the following:

1. Overview and specifications of the transport container;

2. Assessment results of the material, structure, heat, containment, shielding and nuclear criticality of the transport container;

3. Manipulation and operation procedures of the transport container; and

4. Test and maintenance procedures of the transport container.

(4) “Documents provided under the Prime Minister’s Decree” under Article 76 paragraph 2 of the Act shall refer to the performance test plan.

(5) The Commission shall determine and publish the guidelines for preparing documents to be attached pursuant to Article 76 paragraph 2 of the Act and other necessary matters.

(6) In the case of transport containers whose design has been approved overseas, the design approval document of the country of origin may be submitted together with the application for approval instead of the documents to be attached pursuant to Article 76 paragraph 2 of the Act.

(7) Any person, who wishes to obtain approval of an changed design in accordance with the latter part of Article 76 (1) of the Act, shall submit an application on the attached Form 90 with documents related to change attached thereto.

Article 106(Issuance of a Design Approval) #

(1) Design approval as provided in Article 112 (3) of the Decree shall be made with the attached Form 91.

(2) Matters necessary for the issuance of such approval as provided in the foregoing Paragraph (1) and so forth shall be determined and publicly notified by the Nuclear Safety and Security Commission.

Article 107(Report of Change in Minor Matters) #

(1) The “minor matters as prescribed by the Ordinance of the Prime minister” provided in the proviso of Article 76 (1) of the Act mean any of the following:

1. Name and address of the approved person (its name, address and its representative's name in the case of a juridical person); and

2. Name and location of the place of business.

(2) Anyone who intends to declare changes or modifications pursuant to Article 76 paragraph 1 proviso shall submit Attached Form No. 4 and the documents listed below to the Commission within 30 days of the cause:

1. Documents evidencing such change; and

2. A certificate of design approval.

Article 108(Inspection of the Manufacture of Transport Containers) #

(1) Any person, who wishes to receive an inspection of the manufacture of transport containers as provided in Article 113 (1) of the Decree, shall submit to the Nuclear Safety and Security Commission an application for inspection of the manufacture of transport containers on the attached Form 92 with each of the following documents attached thereto:

1. Quality assurance program (only in those cases where such program is submitted pursuant to Article 105 (2) hereof);

2. Explanatory statement on manufacturing methods;

3. Statement on manufacturing equipment;

4. Explanatory statement on test/inspection methods; and

5. Statement on test/inspection facilities or inspection equipment.

(2) The Nuclear Safety and Security Commission shall notify the person, who has received an inspection of the manufacture, as to whether he has passed such inspection as provided in Article 113 of the Decree.

(3) The standards as regards an inspection of the manufacture of transport containers as provided in Article 113 (4) of the Decree shall be as follows:

1. Consistency with the details of the design, materials and structure at the time of obtaining a design approval as provided in Article 112 (1) of the Decree; and

2. Conformity to the standards as determined and publicly notified by the Nuclear Safety and Security Commission in respect of the items, methods and so forth of inspection by type of transport containers.

Article 109(Inspection of the Use of Transport Containers) #

(1) Any person, who wishes to receive an inspection of the use of transport containers as provided in Article 113 (2) of the Decree, shall submit to the Nuclear Safety and Security Commission an application for inspection of the use of transport containers on the attached Form 93 with each of the following documents attached thereto:

1. Statement on any repair of transport containers (only when repaired); and

2. Transport container self-check report and inspection procedures (only in those cases where the person wishes to receive a documentary deliberation as provided in Article 113 (3) of the Decree).

(2) The Nuclear Safety and Security Commission shall notify the person, who has received an inspection of use, as to whether he has passed such inspection as provided in Article 113 (2) of the Decree.

(3) The standards as regards an inspection of the use of transport containers as provided in Article 113 (4) of the Decree shall be as follows:

1. Maintenance of the performance at the time of passing the inspection of manufacture; and

2. Conformity to the standards as determined and publicly notified by the Nuclear Safety and Security Commission in respect of the items, methods and so forth of inspection by type of transport containers.

(4) Documents evidencing conformity to the inspection standards as set forth in each Subparagraph of the foregoing Paragraph (3) shall be attached to such self-check report as provided in Subparagraph 2 of the foregoing Paragraph (1).

(5) The standards for the documentary deliberation of a self-check report as provided in Article 113 (4) of the Decree shall be as follows:

1. Conformity to the standards as set forth in each Subparagraph of the foregoing Paragraph (3); and

2. Appropriate inspection procedures by each item of inspection as provided in Subparagraph 2 of the foregoing Paragraph (3).

Article 110(Application for Exemption from Inspection) #

(1) “Documents concerning the design approval or production inspection certificate provided under the Prime Minister’s Decree” under Article 114 paragraph 1 subparagraph 1 of the Decree shall be the document of the relevant country which the validity of the production inspection certificate that is to replace the design approval document of the relevant country or the documents specified under Article 108 paragraph 1.

(2) “Documents concerning the use inspection certificate provided under the Prime Minister’s Decree” under Article 114 paragraph 1 subparagraph 2 of the Decree shall mean the document of the relevant country that proves use inspection passing that is to replace the documents specified under Article 109 paragraph 1.

(3) Anyone who intends to be exempted from an inspection of the production or use of transport containers pursuant to Article 114 of the Decree shall submit Attached Form No. 94 to the Commission together with the documents specified under paragraph 1 or 2.

(4) As regards the standards of a document review as provided in each Subparagraph of Article 114 (1) of the Decree, necessary matters shall be determined and publicly notified by the Nuclear Safety and Security Commission.

(3) The Nuclear Safety and Security Commission shall notify the applicant, who has applied for exemption from a transport container inspection, as to whether such container will be exempted from such inspection in accordance with Paragraph (3) of the Decree.

Article 111(Application for Registration as a Dosimeter Reading Service Provider) #

(1) Any person, who intends to register to perform affairs related to reading of personal dose as provided in Article 78 (1) of the Act, shall submit to the Nuclear Safety and Security Commission an application on the attached Form 101 for each place of business.

(2) The quality assurance plan under Article 78 paragraph 3 of the Act shall indicate the information listed below pursuant to the guidelines determined and published by the Commission:

1. Quality assurance plan

2. Reading and handling manager

3. Facility or equipment

4. Reading methods or procedure

(3) The “other documents as prescribed by the Ordinance of the Prime minister” provided in Article 78 (3) of the Act mean each of the following documents:

1. Documents evidencing the technical capabilities according to Article 126 hereof in respect to the procurement of the equipment and manpower necessary for the reading of personal dose;

2. Documents evidencing the performance of equipment and a performance test program; and

3. List of reading facilities

(4) When receiving an application for registration in accordance with Article 78 (3), the Nuclear Safety and Security Commission shall check the applicant's business registration certificate through the administrative information sharing system under Article 36 (1) of the Act on Electronic Government. If the applicant refuses to give consent to such check, the Nuclear Safety and Security Commission shall cause the applicant to attach a copy of the business registration certificate.

(5) In regard to any person who has registered as a dosimeter reading service provider as provided in Article 78 (1) of the Act (hereinafter referred to as “dosimeter reading service provider”), the Nuclear Safety and Security Commission shall issue to the applicant a certificate in accordance with the attached Form 96.

Article 112(Report of Change) #

Any person, who intends to file a report of change as provided in Article 78 (2) of the Act, shall submit to the Nuclear Safety and Security Commission a report on changed registration of a dosimeter reading service provider on the attached Form 97 within thirty (30) days from the date when the reason for such report arose by attaching each of the following documents thereto:

1. Documents related to such change; and

2. Certificate of registration.

Article 113(Registration criteria) #

(1) “Technical capabilities required for the installation or operation of the reading facilities provided under the Prime Minister’s Decree” under Article 79 subparagraph of the Act shall refer to the capabilities listed below:

1. Conformity to the technical personnel, facility and handling standards as specified on the attached Table 2;

2. Ability of reading facilities and equipment to maintain traceability under Subparagraph 17, Article 3 of the Framework Act on National Standards;

3. Ability to assess the impact of radiation dose that naturally increases or decreases while carrying a personal dosimeter;

4. Ability to read personal dose by classifying such quantity into deep doses and shallow doses as determined by the Nuclear Safety and Security Commission;

5. Ability to maintain the minimum measurement level of a reading system at not more than 0.1 millisivert; and

6. Ability to maintain security of records on personal dose.

(2) “The contents of the quality assurance plan under Article 78 paragraph 3 shall satisfy the criteria provided under the Prime Minister’s Decree” under Article 79 subparagraph 2 of the Act shall mean that the quality assurance plan has been prepared to satisfy the guidelines determined and published by the Commission pursuant to Article 111 paragraph 2.

Article 114(Application for inspection) #

(1) The categories of a reading performance inspection as provided in Article 115 (1) of the Decree and the standards for passing such inspection shall be specified in the attached Table 3. In this case, a performance inspection shall be implemented for each category of such performance inspection as specified in the attached Table 3.

(2) The application for inspection under Article 115 paragraph 3 of the Decree shall be Attached Form No. 98 in the case of an inspection to be conducted prior to the commencement of the reading service or Attached Form No. 99 in the case of a regular inspection.

(3) The “documents as prescribed by the Ordinance of the Prime minister” provided in Article 115 (3) of the Decree that shall be attached to such application as provided in the foregoing Paragraph (1) shall be as follows.

1. Application for inspection before commencement of the reading service: The documents listed below; however, documents previously submitted for the registration of reading service operators may be skipped.

a. List and overview of reading facilities, etc.;

b. Drawings of reading facilities, etc. (including a detailed cross section);

c. Data on equipment in possession and the performance thereof; and

d. Data on manpower.

2. Application for regular inspection: The documents listed below.

a. Overview of the facilities to be inspected; and

b. Inspection plan.

(3) The Commission shall notify any person, who has passed an inspection as provided in Article 115 (5) of the Decree, of such fact.

Article 115(Provisions Applicable Mutatis Mutandis) #

Article 29 shall be applied mutatis mutandis to reading service operators under Article 78 paragraph 2 of the Act.

Article 116(Application for License Examination) #

(1) An application for nuclear-related license examinations as provided in Article 124 of the Decree shall be made with the attached Form 100.

(2) “The documents provided under the Prime Minister’s Decree” under Article 124 of the Decree shall mean the documents listed below:

1. One photograph (a bust shot of 3 centimeters by 4 centimeters in size taken within the past three months with the head exposed)

2. evidentiary documents necessary for any exemption from examination (only in those cases where a part of such license examination is to be exempted according to Article 121 of the Decree)

(3) Any person, who has passed a written examination for the licenses set forth in Subparagraphs 1 and 2 of Article 84 (2) of the Act among the license examinations as provided in Article 87 of the Act, shall submit to the Nuclear Safety and Security Commission a medical checkup report or a physical examination report including results of a chest X-ray photograph within twenty (20) days from the date of announcement that the applicant has passed such license examination.

(4) Such report of a medical checkup or physical examination as provided in the foregoing Paragraph (3) shall be limited to those issued by a general hospital, and additional items of medical checkup shall be included if deemed necessary by the Nuclear Safety and Security Commission, in his reasonable discretion, to ensure the safety of a nuclear reactor.

Article 117(Cancellation of License, etc.) #

The standards for cancellation or suspension of a license as provided in Article 86 (2) of the Act shall be specified in the attached Table 4.

Article 118(Application, etc. for Issuance of License) #

(1) Any person, who has passed a license examination as provided in Article 87 (1) of the Act, shall submit to the Nuclear Safety and Security Commission documents evidencing his qualifications therefor as provided in Article 118 of the Decree (excluding the documents submitted according to Article 116 (2) hereof for partial exemption of a license examination) within twenty (20) days from the date of announcement that the applicant has passed such license examination.

(2) Any person, who has been acknowledged as meeting the qualifications to apply for a license examination according to the results of the deliberation thereof as provided in the foregoing Paragraph (1), shall submit an application for the issuance of a nuclear-related license on the attached Form 101 by attaching his photograph (a bust shot of 2.5 centimeters by 3 centimeters in size taken within the past three months with the head exposed) thereto within sixty (60) days from the date of announcement that he has passed such license examination.

(3) The head of the institution entrusted to conduct a license examination as provided in Subparagraph 5 of the attached Table 7 of the Decree may request the authorities concerned to confirm the identification of any person who has passed a license examination in order to check whether he falls under any of the reasons for disqualification as prescribed in Article 85 of the Act, when necessary.

(4) Upon receipt of such application for the issuance of a license as provided in the foregoing Paragraph (2), the Nuclear Safety and Security Commission shall issue a license pocketbook on the attached Form 102 to those who have passed a license examination set forth in Subparagraphs 1 and 2 of Article 84 (2) of the Act and a license pocketbook on the attached Form 103 to those who have passed a license examination set out in Subparagraphs 3 through 7 of Article 84 (2) of the Act, respectively.

Article 119(Application for Re-issuance of a License) #

(1) An application for re-issuance of nuclear-related licenses, etc. as provided in Article 126 of the Decree shall be made with the attached Form 104.

(2) The documents listed below shall be attached to the application form under paragraph 1:

1. A license (in cases where the license is lost, written cause thereof provided)

2. One photograph (a bust shot of 2.5 centimeters by 3 centimeters in size taken within the past three months with the head exposed), and

3. Documents confirming matters of any change (in the case of an application for correction only)

Article 120(Place and Subject of Measurement) #

(1) “Places that are feared to be exposed to radiation hazard to be provided by the Ordinance of the Prime Minister” under Article 131 (1) of the Decree shall refer to the following places:

1. In the case of radiation dose:

a. Use, distribution, storage and disposal facilities;

b. Sealed radioisotopes in fixed radiation shielding facilities or radiation generating devices;

c. Storage, processing and disposal facilities regarding radioactive wastes;

d. Radiation control area; and

e. Places from where radioactive materials were abnormally leaked.

2. In case of contamination by radioactive materials, etc.:

a. Concentration of radioactive materials in the air and the surface of a contaminated or feared to be contaminated object in a radiation control area;

b. Surface of an object carried out from a radiation control area;

c. Ventilation outlets or drainage passages; and

d. Places from where radioactive materials were abnormally leaked.

(2) The subjects of measurement as regards personal dose and contamination by radioactive materials as provided in Article 131 (2) of the Decree shall be as follows:

1. In the case of personal dose:

a. Radiation workers;

b. Persons with frequent access; and

c. Persons with temporary access to radiation control facilities who are feared to be exposed to radiation in excess of the dose limit.

2. In the case of contamination by radioactive materials, etc.:

a. Surface of the hands, feet, working garments, protective gear and other parts of radiation workers, that are feared to have been contaminated; and

b. Surface of the hands, feet, working garments, protective gear and other parts of persons with frequent access, that are feared to have been contaminated.

(3) The methods of measurement for place and subject as provided in the foregoing Paragraphs (1) and (2) shall be as follows:

1. Radiation dose and contamination level shall be measured at a place most appropriate for radiation measuring; and

2. Exposure to the inside of a human body by radiation shall be calculated by measuring the concentration and quantity of radioactive materials in the air or beverage or by conducting as precise an inspection as necessary.

Article 121(Medical Examination) #

(1) In the case of a medical examination performed as provided in Article 132 (1) of the Decree, each of the following shall be checked: <Amended on 16 August 2013>

1. Job or exposure history

2. Disease history related to the handling of radiation

3. Clinical inspection or diagnosis

a. Clinical inspection: Count of leukocytes, thrombocytes, and hemoglobin in peripheral blood

b. Diagnosis: Symptoms in the eyes, skin, nervous or hematosis systems

4. Peripheral blood smear examination and slit lamp microscope examination (limited to cases where an individual’s health status is hard to assess by examination under subparagraphs 1 through 3 or where disease is suspected)

(2) The timing of a medical examination as provided in Article 132 (1) of the Decree shall be as follows: <Amended on 16 August 2013>

1. Before initially engaging in radiation work;

2. Annually for those engaging in radiation work. Provided, however, that if personal dose during the twelve-month period following the medical examination for the preceding year does not exceed the dose limit for public as specified in the attached Table 1 of the Decree, a medical examination about Paragraph (1) 1 and 2 in the year may be omitted; and

3. When the personal dose exceeds the dose limit for radiation workers as specified in the attached Table 1 of the Decree

Article 122(Assessment and Control of Personal Dose) #

(1) Pursuant to Article 133 (1) of the Decree, a nuclear enterpriser shall assess and control personal dose with regard to radiation workers and persons with frequent access in accordance with each of the followings:

1. When any radiation worker accesses a radiation control area, such employee shall put on a personal dosimeter as determined by the Nuclear Safety and Security Commission for assessment of the personal dose of such employee;

2. When any person with frequent access enters a radiation control area, such person shall put on a personal dosimeter as determined by the Nuclear Safety and Security Commission for assessment of the personal dose of such person;

3. The personal dosimeter put on by a radiation worker as provided in the foregoing Subparagraph 1 shall be replaced for reading thereof at such intervals as determined by the Nuclear Safety and Security Commission;

4. Reading of the personal dosimeter as provided in the foregoing Subparagraph 3 shall be performed by a dosimeter reading service provider; and

5. When there arises a person with abnormal dosimeter reading results as provided in Subparagraph 15 of Article 2 of the Decree among radiation workers or persons with frequent access, necessary measures shall be taken as determined and publicly notified by the Nuclear Safety and Security Commission.

Article 123(Period of Transfer/Acquisition of Radioactive Materials, etc. or Radiation Generating Devices) #

(1) Transfer and acquisition of radioactive materials, etc. or radiation generating devices as provided in Subparagraphs 2 and 3 of Article 94 of the Act shall be implemented within thirty (30) days from the date the reason for such transfer and acquisition arose.

(2) In those cases where radioactive materials, etc. or radiation generating devices are transferred/acquired as provided in Subparagraphs 1 through 3 of Article 94 of the Act, a transfer/acquisition report on the attached Form 105 shall be submitted to the Nuclear Safety and Security Commission without delay.

(3) Each of the following documents shall be attached to such report as provided in the foregoing Paragraph (2):

1. A copy of related evidentiary documents including the design approval; and

2. A copy of radioisotope leakage checking records.

Article 124(Possession of Radioactive Materials, etc. or Radiation Generating Devices) #

Possession of radioactive materials, etc. or radiation generating devices as provided in Subparagraphs 2 and 3 of Article 94 of the Act shall be respectively limited to thirty (30) days from the date when the reason therefor arose.

Article 125(Measures regarding Cancellation of a Permit, etc. or Discontinuance of Business, etc.) #

The “records as prescribed by the Ordinance of the Prime minister” provided in Article 137 (1) 4 of the Decree mean any of the following records:

1. Records on measurement of contamination by radioactive material, etc.; and

2. Medical checkup records of radiation workers.

Article 126(Report on Cancellation of a Permit, etc.) #

(1) A report on the cancellation of a permit, etc./discontinuance of business (use) as provided in Article 137 (2) of the Decree shall be made with the attached Form 106.

(2) Each of the following documents shall be attached to such report as provided in the foregoing Paragraph (1):

1. Measures taken in relation to radiation generating devices or radioactive materials, etc.;

2. Matters related to the delivery of medical checkup records, etc. of radiation workers; and

3. A certificate of permit or a certificate of report/notification (in those cases where such certificate is lost, written cause thereof to be provided).

Article 127(Report) #

Matters regarding periodic reports related to radiation safety that a nuclear enterpriser, dosimeter reading service provider or an enterpriser involved in construction or operation of nuclear reactors and related facilities should file to the Nuclear Safety and Security Commission as provided in Article 98 (1) of the Act and the deadlines for such reports shall be specified in the attached Table 5.

Article 128(Vicarious Reports) #

(1) A nuclear enterpriser may cause a dosimeter reading service provider, who has registered with the Nuclear Safety and Security Commission, to vicariously file reports of individual personal dose, etc. sustained upon radiation workers as provided in Subparagraph 6 of the attached Table 5.

(2) In those cases where a nuclear enterpriser submits vicarious reports of personal dose according to the foregoing Paragraph (1), such enterpriser shall submit documents evidencing such vicarious reports to the institution entrusted to manage exposure records as provided in Article 154 (2) of the Decree.

Article 129(Collection Certificates) #

Inspection sample collection certificates as provided in Article 140 of the Decree shall be made with the attached Form 107.

Article 130(Identification Cards of Inspectors) #

Identification cards of inspector as provided in Article 142 of the Decree shall be made with the attached Form 108.

Article 131(Application, etc. for Approval of Topical Report) #

(1) “Specific technology reports provided under the Prime Minister’s Decree” under Article 100 paragraph 1 of the Decree shall refer to reports containing the information listed below:

1. Methodologies and computing codes related to technical information concerning the selection of a site for a nuclear reactor facility, design, manufacture, construction, pre-service test, trial operation, operation and disassembly

2. Information concerning safety that can be applied repeatedly for an identical purpose

3. Information that provides the basis for preparing documents to be attached to the application for a permit related to a nuclear reactor facility

(2) Anyone who intends to obtain approval of a specific technology report pursuant to Article 100 paragraph 1 of the Act shall submit Attached Form No. 109 to the Commission together with the specific technology report.

(3) The details and the order of contents of a topical report as provided in Article 100 (1) of the Act shall be as follows:

1. Abstract stating the overview and conclusion;

2. Introduction stating the purpose, scope of application and limitations;

3. Main text stating an explanation of the subject matter;

4. List of the reference cited; and

5. List of data in connection with test results, description of computer codes, and detailed analysis and the derivation procedures thereof.

Article 132(Preparation, etc. of a Draft Radiation Environmental Report.) #

(1) A draft radiation environmental report as provided in Article 103 (2) of the Act (hereinafter referred to as the “draft report”) shall contain each of the following:

1. Business overview;

2. Environmental status of the facilities and the adjoining area of site for the assessment of the radiological impact on the environment;

3. Forecast of a radiological impact on the surrounding environment due to the construction and operation of the facilities;

4. Radiation monitoring program to be executed during construction and operation of the facilities; and

5. Radiological impact on the environment of an accident during operation.

(2) Necessary matters as regards items of a draft report, its preparation method and so forth other than those set forth in the foregoing Paragraph (1), shall be determined and publicly notified by the Nuclear Safety and Security Commission.

Article 133(Submission of a Draft Radiation Environmental Report) #

(1) The number of copies of a draft report that should be submitted to the heads of the administrative agencies as set forth in each Subparagraph of Article 143 (1) of the Decree shall be as follows:

1. Those falling under Article 143 paragraph 1 subparagraph 1 of the Decree: 5 copies

2. Those falling under Article 143 paragraph 1 subparagraph 2 of the Decree (“Responsible county or district office head” hereinafter): 20 copies

3. Those falling under Article 143 paragraph 1 subparagraph 3 of the Decree: 10 copies

4. Those falling under Article 143 paragraph 1 subparagraph 4 of the Decree: 3 copies

(2) The service operator who submits a draft assessment report pursuant to Article 143 paragraph 1 of the Decree shall inform the responsible city mayor, county or district office head of the list of agencies to which the report has been submitted.

Article 134(Maintenance of register of readers of draft assessment report) #

The responsible city mayor, county or district office head shall maintain a register of readers using Attached Form No. 110 or a register for submitting comments using Attached Form No. 111 at places where the draft assessment report is offered as provided under Article 143 paragraph 2.

Article 135(Application for a statement, etc.) #

(1) An application for a statement as provided in the former part of Article 145 (3) of the Decree shall be made with the attached Form 112.

(2) Notice of the results of a public hearing as provided in Article 145 (6) of the Decree shall be made with the attached Form 113, and the list of attendees at such public hearing (including experts recommended by residents) shall be attached to such notice.

Article 136(Radiation Environment Survey and Evaluation) #

(1) A survey of radiation environment and evaluation of the impact of a radiation on environment as provided in Article 104 (1) of the Act shall be conducted in accordance with each of the following:

1. A survey of radiation environment shall be performed based on the formulation of a radiation environment survey plan in advance;

2. The results of a survey of radiation environment shall be verified on a regular basis by formulating a quality control program in respect of such survey of radiation environment;

3. Radiation environment shall be surveyed by determining a sufficient scope of space and time for the evaluation of an impact caused by the operation of the facilities; and

4. A radiological impact on the environment caused by the operation of the facilities shall be evaluated on the basis of the results of a survey of radiation environment.

(2) Details regarding the implementation of a survey of radiation environment and evaluation of the impact of a radiation on environment as provided in the foregoing Paragraph (1) shall be determined and publicly notified by the Nuclear Safety and Security Commission.

Article 137(Installation/Operation of Radioactivity Monitoring Stations) #

(1) Pursuant to Article 105 (2) of the Act, the central radioactivity monitoring station shall be set up at an institution to which authority is delegated as provided in Article 111 (1) 13 of the Act (hereinafter referred to as “entrusted institution”), and a local radioactivity monitoring station shall be set up and closed by the Nuclear Safety and Security Commission, as necessary.

(2) The central radioactivity monitoring station and local radioactivity monitoring station as provided in the foregoing Paragraph (1) shall have the head thereof appointed by the head of the entrusted institution, and details of the operation thereof shall be determined by the head of the entrusted institution.

Article 138(Implementation of Education and Training) #

(1) The basic education among regular education courses under Article 148 (1) of the Decree shall be conducted by dividing it into education for radiation safety controllers under Article 53-2 of the Act and education for radiation workers other than radiation safety controllers. The education courses and hours for these courses shall be as per Attached Table 5-2.

(2) The basic education for newly hired workers and the regular education under Article 148 of the Decree shall be provided including the following details: Provided, however, that the contents or methods of the education may be modified considering the trainee’s knowledge level and experiences in radiation safety):

1. Basic education

a. Safety control in respect to the use of nuclear facilities;

b. Handling of radioactive materials, etc.;

c. Protection against radiation hazards;

d. Radiation safety control regulations and related laws; and

e. Education according to the characteristics of a user company.

2. on-the-jot education

a. Radiation safety management regulations of the user business

b. Characteristics of radiation sources and equipment of the user business

c. Education based on other characteristics of the user business

(3) “Entities provided under the Ordinance of the Prime Minister” under Article 148 (2) of the Decree shall mean corporations that are founded with a permit issued by the Commission pursuant to the Act on the Founding and Operation of Public Benefit Corporations.

(4) Those who have taken education pursuant to Article 148 (1) of the Decree may be assessed.

(5) The on-the-jot education plan under Article 148 paragraph 4 of the Decree shall include the following:

1. In the case of internal education:

a. Education schedule

b. Textbook by student group

c. Information concerning instructors

d. Information concerning education facilities

e. Information concerning evaluation

2. In the case of outsourced education: Details of outsourcing and the outsourced agency

Article 139 #

deleted on 16 August 2013.

Article 140(Application for Refresher Education and Training) #

(1) Any person who wishes to receive refresher education and training as provided in Article 149 (1) of the Decree shall submit an application for refresher education and training on the attached Form 114 to the head of the relevant education and training institute at least one (1) month prior to the commencement of such education and training. <Amended on 16 August 2013.>

(2) Refresher courses under Article 149 (1) of the Decree shall be conducted based on the following division:

1. Those who have been licensed to operate power generating nuclear reactors or research reactors with a thermal output of 10 megawatts or greater among licenses under Article 84 (2) 1. or 2. of the Act: 5 or more days

2. Those who have been licensed under Article 84 (2) 3 to 7 of the Act and who are involved in jobs which involve the handling of nuclear fuel or radioisotopes, etc.: 2 or more days

Article 141(Nuclear Control Education and Training) #

(1) Nuclear control education and training as provided in Article 106 (3) of the Act (hereinafter referred to as "nuclear control education and training") shall be conducted based on classification thereof into new and refresher education and training.

(2) The time, method and details of nuclear control education and training are specified in the attached Table 6.

(3) The head of the Korea Institute of Nuclear Nonproliferation and Control established in accordance with Article 6 of the Act shall formulate a nuclear control education and training plan for the following year by December 31 each year and notify the relevant trainees or employers as provided in Article 150 of the Decree of the education and training schedule, etc.

Article 142(Application for a Permit, Inspection and License Examination, etc.) #

As regard matters delegated according to Article 154 of the Decree, the documents that fall under any of the followings shall be submitted directly to the entrusted institution:

1. Application for a permit for the use, mobile use or sale of radioisotopes, etc. as provided in Articles 58 through 61 hereof;

2. Application for a permit for change as provided in Article 62 hereof;

3. Report of change in minor matters as provided in Articles 63, 84 and 107 hereof;

4. Report of temporary change of the place of use as provided in Article 64 hereof;

5. Notification or report of the use or changed use of radioisotopes, etc. as provided in Articles 67 and 68 hereof;

6. Application for document review of a supervisory report as provided in Article 75 hereof;

7. Application for facility inspection, periodic inspection and manufacture inspection as provided in Article 76 and 80 hereof;

8. Application for document review of a self-check report as provided in Article 78 hereof;

9. Application for design approval or change of design approval of radiation equipment as provided in Article 82 and 83 hereof;

10. Application for inspection of radiation equipment as provided in Article 85 hereof;

11. Report of business commencement, etc. as provided in Article 38 hereof that applies mutatis mutandis in accordance with Article 86 hereof;

12. Self-disposal plan as provided in Article 95 hereof;

13. Report of transport as provided in Article 98 hereof;

14. Application for packing/transport inspection as provided in Article 101 hereof;

15. Application for documentary deliberation of the self-check findings regarding packaging and transport of radioactive materials, etc. as provided in Article 103 hereof;

16. Application for design approval of a transport container as provided in Article 105 hereof;

17. Application for inspection of the manufacture of a transport container as provided in Article 108 hereof;

18. Application for inspection of the use of a transport container as provided in Article 109 hereof;

19. Application for exemption from inspection as provided in Article 110 hereof;

20. Application for registration as a dosimeter reading service provider as provided in Article 111 hereof;

21. Report of change as provided in Article 112 hereof;

22. Application for inspection prior to commencement of dosimeter reading service as provided in Article 114 hereof;

23. Application for periodic inspection as provided in Article 114 hereof;

24. Report of business suspension/discontinuance, etc. as provided in Article 29 hereof that applies mutatis mutandis in accordance with Article 115 hereof;

25. Application for issuance of a license as provided in Article 118 hereof;

26. Report of transfer/acquisition as provided in Article 123 hereof;

27. Report of cancellation of a permit, etc. or discontinuance of business (use), etc. as provided in Article 126 hereof;

28. Application for a license examination as provided in Article 124 of the Decree; and

29. Report of the status of packages as provided in Subparagraph 12. d of the attached Table 5 of the Decree.

Article 143(Application for Designation as an Entrusted Institution) #

(1) The "documents as prescribed by the Ordinance of the Prime minister" provided in Article 157 (3) of the Decree are as follows:

1. Articles of incorporation (only in the case of a juridical person); and

2. List of properties, balance sheet, and statement of profit and loss for the year immediately preceding the year in which the application is made (list of properties, balance sheet, and statement of profit and loss for the business year in which the application is made in those cases where there is no such immediately preceding year applicable).

(2) When receiving an application for designation in accordance with Article 157 (2) of the Decree, the Nuclear Safety and Security Commission shall check a certified copy of the applicant's corporate register (to the extent that the applicant is a juridical person) through the administrative information sharing system under Article 36 (1) of the Act on Electronic Government.

Article 144(Report on the Results of the Performance of Entrusted Duties) #

Matters to be reported as provided in Article 164 of the Decree are as follows:

1. Results of reviews as provided in Subparagraphs 1 and 2 of Article 111 (1) of the Act;

2. Results of research and development as provided in Article 111 (1) 3 of the Act;

3. Results of inspection, confirmation and checkup as provided in Article 111 (1) 4 of the Act;

4. Results of license examinations as provided in Article 111 (1) 5 of the Act;

5. Results of the management of information on internationally controlled materials as provided in Article 111 (1) 6 of the Act;

6. Results of the management of exposure records and reports as provided in Article 111 (1) 7 of the Act;

7. Results of the receipt of reports and handling thereof as provided in Article 111 (1) 8 of the Act;

8. Results of refresher education and training as provided in Article 111 (1) 9 of the Act;

9. Results of performance of duties as provided in Subparagraphs 10 and 11 of Article 111 (1) of the Act;

10.Results of review as provided in Article 111 (1) 12 of the Act;

11.Results of survey, monitoring and evaluation as provided in Article 111 (1) 13 of the Act;

12. Results of review as provided in Article 111 (1) 14 of the Act;

13. Results of performance of duties as provided in Subparagraphs 5 to 8 of Article 154 (1) of the Decree; and

14. Results of research and development as provided in Article 154 (1) 12 of the Decree.

Article 145(Preparation and Maintenance of Records) #

Matters that should be recorded and kept available as provided in Articles 18, 25, 39, 49, 52 (4), 58, 67 and 82 of the Act and Article 131 (3) and Article 132 (2) of the Decree shall be specified in the attached Table 7. Provided, that as regards matters that require measurements among the matters to be recorded, details of indirect estimates thereof shall be recorded in those cases where it is difficult to directly perform such measurements, and the fact that such details represent estimates shall be recorded also.

Article 146(Fees) #

(1) Fees payable in accordance with the main clause of Article 112 of the Act shall be paid with revenue stamps or by such means as e-money and e-settlement by the use of an information and telecommunication network, in the amount specified in the attached Table 8. Provided, that in those cases where the Nuclear Safety and Security Commission delegates his authority, outsourced agency determined the payments.

(2) The Nuclear Safety and Security Commission may refund application fees already paid if a person who applied for a license examination as provided in Article 87 (1) of the Act falls under any of the following:

1. When an excessive amount of application fees has been paid by mistake;

2. When the application is cancelled within ten days from the deadline of applications; and

3. When the applicant fails to take the examination for a reason attributable to the institution implementing the examination.

Article 147(Re-issuance of Certificate of Permits, etc.) #

(1) In those cases where any certificate of permit, designation or notification is damaged or lost, such certificate shall be re-issued by submitting to the Nuclear Safety and Security Commission an application for the re-issuance on the attached Form 115.

(2) Each of the following documents shall be attached to such application as provided in the foregoing Paragraph (1):

1. If damaged, certificate of permit (designation or confirmation); and

2. If lost, written reasons therefor.