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A Study on the Establishment of an International
Nuclear Fuel Cycle System for Asia
Report
Translated from the original report written in Japanese
March, 2013
Nuclear Nonproliferation Study Committee
Graduate School of Engineering, University of Tokyo
Members of Nuclear Nonproliferation Study Committee (Graduate School of Engineering, University of Tokyo)
Leader: Satoru Tanaka (Graduate School of Engineering, University of Tokyo)
Sub-leader: Yusuke Kuno (Graduate School of Engineering, University of Tokyo)
Takeo Adachi (Graduate School of Engineering, University of Tokyo), Mitsunori Akiba (Graduate School of
Engineering, University of Tokyo), Jor-Shan Choi (University of California, Berkeley), Tetsuo Fukazawa (Hitachi–GE
Nuclear Energy), Ltd. Akira Goto (Chubu Electric Power Co., Inc.), Manabu Hamasaki (Mitsubishi Heavy Industries,
Ltd), Yasuhisa Hieda (Nuclear Fuel Industries, Ltd.), Shizuo Hoshiba, Japan Agency for Marine–Earth Science and
Technology),Sukeyuki Ichimasa (National Institute for Defense Studies, Ministry of Defense), Tomonori Iwamoto
(Japan Nuclear Fuel Ltd), Yoshinori Izumi (Graduate School of Engineering, University of Tokyo), Tomohiko Kita
(Japan Atomic Industrial Forum, Inc), Toshihiro Kobayashi (Japan Atomic Power Company), Naoki Miyamoto
(Nuclear Material Control Center), Hirofumi Nakashima (Japan Atomic Power Company), Shinya Nishikawa
(Kansai Electric Power Co., Inc), Nobuhiko Saito (Tokyo Electric Power Company), Michitaka Sanso (Toshiba
Corporation), Naotaka Shimizu (Hitachi–GE Nuclear Energy Ltd./Japan Electrical Manufacturers' Association),
Nobuo Shinohara (Japan Atomic Energy Agency), Katsuyuki Suzuki (Global Nuclear Fuel–Japan), Ryuta Takashima
(Graduate School of Engineering, University of Tokyo), Hiroshi Tamai (Japan Atomic Energy Agency), Motoyasu
Yamazaki (Meisei University), Tomoyuki Tanabe (Central Research Institute of Electric Power Industry), Makiko
Tazaki (Graduate School of Engineering, University of Tokyo (alphabetical order)
Working Group Members (Report Writing Staff)
Yusuke Kuno, Mitsunori Akiba, Makiko Tazaki, Takeo Adachi, Ryuta Takashima, Yoshinori Izumi, Jor-Shan Choi
Part of this study is the result of "A Study on Building and Sustainable Operation of an International Nuclear Fuel Cycle System"
conducted under the Fundamental Nuclear Research and Development Initiative of the Ministry of Education, Culture, Sports,
Science and Technology. This study was conducted with financial support from the Fundamental Nuclear Research and
Development Initiative described above and the International Foundation for Safe and Secure Energy Technologies (IFSSET). Since
this study was conducted by the abovementioned study committee purely from an academic viewpoint, the content of this
academic study report does not represent the organization to which the abovementioned study committee belongs.
i
TABLE OF CONTENTS
1. Introduction ...................................................................................................................................... 1
1.1 Background and purpose ............................................................................................................. 1
1.2 Significance of multilateral/international framework ................................................................ 4
1.3 System design specifications ...................................................................................................... 4
1.4 Basic concept for research on multilateral nuclear approach framework .................................. 5
2. Problems with past and current proposals related to multilateral/international approaches ............... 7
2.1 Historical review of international framework ............................................................................ 7
2.2 Recent proposals,
....................................................................................................................... 9
2.3 Issues with the past and current proposals ............................................................................... 14
3. Requirements for establishing multilateral/international nuclear approach (MNA) ..................... 14
4. Proposal for multinational/international nuclear approach (MNA) framework (Regional
Framework) .................................................................................................................................. 22
4.1 Proposed MNA framework ....................................................................................................... 22
4.2 Basic agreement (agreement concerning consortium model and framework treaty) proposal 28
5. MNA framework constituent proposal ........................................................................................... 50
5.1 Potential MNA framework member states proposal ................................................................ 50
5.2 Concrete proposal for the nuclear fuel cycle service states ...................................................... 50
6. Detailed study and evaluation of the proposed framework ............................................................ 52
6.1 Further study and evaluation from legal and regulatory perspectives ...................................... 52
1) Safeguards............................................................................................................................... 52
2) Nuclear safety ......................................................................................................................... 56
3) Nuclear security ...................................................................................................................... 64
4) Compensation/liability for nuclear damages .......................................................................... 70
5) Export controls........................................................................................................................ 80
6) Bilateral nuclear cooperation agreements ............................................................................... 85
6.2 Further study and evaluation from transport (Geopolitics) and economic perspectives .......... 94
1) Transport (Geopolitics) ........................................................................................................... 94
2) Economic efficiency: comparison with country-based management ................................... 119
3) Demand–supply balance within framework ......................................................................... 134
6.3 Further study and evaluation of nonproliferation ................................................................... 136
1) Study on regional safeguards systems .................................................................................. 136
2) Evaluation of nonproliferation in multilateral management ................................................. 139
6.4 Participation incentives for candidate countries ..................................................................... 147
6.5 Research on role of industry in international nuclear fuel cycle ............................................ 149
6.6 Forum for discussion on establishment of international nuclear fuel cycle framework ......... 156
ii
7. Summary ...................................................................................................................................... 160
7.1 Background and purpose of study .......................................................................................... 160
7.2 Final framework proposal ....................................................................................................... 161
7.3 Overview of nuclear fuel cycle framework treaties and agreements ..................................... 174
7.4 Evaluation of feasibility of nuclear fuel cycle framework ..................................................... 178
7.5 Sustainability of stable nuclear fuel cycle framework ........................................................... 193
7.6 Comprehensive evaluation of proposed MNA: discussion on feasibility and sustainability
Sides ........................................................................................................................................ 198
7.7 Future work ............................................................................................................................ 203
8. Conclusion ................................................................................................................................... 207
1
1. Introduction
1.1 Background and purpose
The accident at Fukushima Daiichi Nuclear Power Station of Tokyo Electric Power Company
at the time of the Great East Japan Earthquake was a critical phenomenon that brought changes to
the global trend of the expansion of the peaceful uses of nuclear power until that time. In Japan, it
may influence the continuation of the peaceful use of nuclear power. On the other hand, it is
undeniable that nuclear power remains one of the most important countermeasures against the
global economic/energy consumption growth and greenhouse gases issues. Although the temporally
termination of nuclear power use may be unavoidable, in the long run, we predict with high
probability that the needs for nuclear power in the world should grow again to accommodate the
increasing energy consumption in line with the rapid economic growth, especially in e.g., Asia,
unless its replacement technology is identified. “A Study on the Establishment of an International
Nuclear Fuel Cycle System for Asia” was carried out based on the premise that, introduction of
nuclear power to the Asian region should be facilitated in the future, especially after sufficient
nuclear safety measures are taken with regard to the nuclear power generation
If the needs for use of nuclear power increases from the viewpoint of global warming caused
by fossil fuel and securing energy as a result of enhanced living standards, the demands for not only
the generation of power but also uranium refining, conversion, enrichment, re-conversion, and fuel
production should increase. In addition, the concerns for the proliferation of so-called “Sensitive
Nuclear Technologies (SNTs)”, namely, enriched uranium fuel production technology (frontend)
and spent fuel (SF) reprocessing technology (backend), and fissile materials should also increase. At
the same time, with an increase in the amount of SF, the SF should be stored in many states. In
other words, there should be a growing concern from the nuclear non-proliferation perspective that
plutonium (Pu) may be globally dispersed in the form of SF. Furthermore, issues with regards to
nuclear security and SF safeguards (all combined and called 3S) should also increase.
Conventionally, international society had been responded to the concerns over nuclear
non-proliferation including nuclear security by strengthening schematic measures centered around
the safeguards under the NPT, Convention on the Physical Protection of Nuclear Material, etc.
However, with an increase in the number of states using nuclear power including SNTs, the nuclear
non-proliferation measures through the systems targeting the overall international society have
limitations. Thus, additional tight measures have been taken by setting conditions on the supply side
such as nuclear technology, equipment, and nuclear fuel (supply side approach: export control
regulation, control on technology transfer based on bilateral agreement, etc.). We should pay
attention to the possibility of the initiative in the supply of nuclear fuel, which is the basis for
supply-side approaches, shifting from the Western countries consisting mainly of Europe and the
United States to the former Eastern countries. There is also concern about a possible weakening of the
nuclear nonproliferation regime established mainly by Western countries including bilateral
agreements with the United States due to increases in uranium fuel (enriched uranium) in the former
2
East European countries (central Asia) produced in Kazakhstan, Russia and other countries (possibly
Mongolia in future).
On the other hand, the measures for enhancement of nuclear non-proliferation on the supply
side that mainly consist of the nuclear power technology advanced countries may interfere with the
right of peaceful uses of nuclear power that is guaranteed by Article 4 of the NPT. Thus, there is a
need to develop nuclear non-proliferation measures with high non-proliferation capacity based on a
new concept which is completely different from the conventional ones. In addition, as to the nuclear
security for handling SNTs and nuclear materials as well as safety management of nuclear facility
operations, the conventional state-by-state efforts have limitations from the viewpoint of
effectiveness, efficiency, and economic reasonability.
Under the circumstances, one of the effective ideas is a demand side approach: execution of a
nuclear fuel cycle among multiple countries. (The structure of measures that international society
has been taking so far is presented in the figure below.)
According to this approach, the nuclear fuel cycle services, especially centered on the SNTs,
are multinationally executed and controlled, and therefore unnecessary proliferation of the SNTs
can be prevented, and safe and appropriate control of nuclear technologies and nuclear materials is
obtainable. This can effectively and efficiently assure risk control and risk reduction with regard to
3S. At the same time, due to sharing of a nuclear fuel cycle, etc., this approach is executable without
interference with fostering of the right of peaceful uses of nuclear power in emerging and other
核不拡散に係る国際的な組み
地域枠組みなど新しい多国間不拡散レジーム
デマンドサイドアプローチ(受領国側のインセンテイブを減らす方策)
IAEA包括的保障措置協定(NPT第3条に基づく義務)日・IAEA:1977.12締結
IAEA追加議定書日・IAEA:1999.12締結
包括的核実験禁止条約(CTBT) 未発効 日本:1997.7批准
カットオフ条約(FMCT) 条約交渉開始模索中
核兵器不拡散条約(NPT)1970.3発効日本:1976.6批准
部分的核実験禁止条約(PTBT)1963.10発効日本:1964.6批准 改正核物質防護条約
2005.7 改正条約案文採択非核地帯条約トルテラルコ条約等
核テロ防止条約2005.4採択2007.7発効
限定された国家間の核不拡散レジーム
条約・制度による核不拡散・核セキュリティ強化の実現
ザンガー委員会原子力専用品 1974.8設立
原子力供給国グループ(NSG):NPT枠外ロンドン・ガイドライン原子力専用品・技術及び汎用品・技術パート1:1978.1設立パート2:1992.6設立
サプライサイドアプローチ(供給国側による条件設定による核不拡散)
2国間協定による核不拡散の強化対策
燃料供給保証など多国間管理 (MNA)
その他の国際合意・協力
PSI、GTRI、GNEP、
国連決議1540、G8サミットなど
Nonproliferation-related International Efforts
Realizing nonproliferation and enhanced security through treaties and systems
Treaty on the Non-proliferation of
Nuclear Weapons (NPT)
Brought into effect in March 1970,
ratified by Japan in June 1976
IAEA Comprehensive Safeguards Agreement
(obligation under Article 3 of NPT)
Concluded between Japan and IAEA in
December 1977
IAEA Additional Protocol
Concluded between Japan and
IAEA in December 1999
Partial Test Ban Treaty (PTBT)
Brought into effect in October 1963, ratified
by Japan in June 1964
Amendment to the Convention on the
Physical Protection of Nuclear
Material
Amendment adopted in July 2005
International Convention for the Suppression of Acts of Nuclear
Terrorism Adopted in April 2005, brought
into effect in July 2007
Nuclear-free zone treaties
(e.g. Treaty of Tlatelolco)
Supply-side approaches (nonproliferation
measures through conditions set by supply-side
countries)
Comprehensive Nuclear Test Ban Treaty
(CTBT)
Not yet in effect, ratified by Japan in July 1997 Fissile Material Cut-off Treaty (FMCT): Efforts to start negotiations underway
Nonproliferation
regime between
limited countries
New multilateral
nonproliferation regimes such as regional
frameworks
Demand-side approaches (measures to reduce incentives for recipient countries)
Nuclear Suppliers Group
(NSG): Exempt from NPT
London Guidelines
Nuclear-related equipment, materials and
technology
and dual-use equipment, materials and technology
Part 1: Established in January 1978
Part 2: Established in June 1992
Zangger Committee Nuclear-related equipment and
materials: Established in August 1974
Nonproliferation
measures
strengthened by
bilateral agreements
Multilateral nuclear
approaches (MNA) such as fuel supply guarantee
Other international agreements and
cooperation PSI, GTRI, GNEP,
United Nations Resolution 1540, G8 Summit, etc.
3
countries. Furthermore, this approach should promote regional confidence-building among the
states in the field of nuclear power development.
Turning our attention to the situation in Japan, we can see that if there is no significant
progress in the use of plutonium (Pu), long-term storage of spent fuel and the storage of plutonium
(as mixed oxide fuel [MOX]) are among Japan's options. It is reasonable to assume that for the
storage of plutonium, whether in the form of MOX or not, the reaction of the international community
would be very negative even if peace in future is stressed. If, however, such storage is carried out not
by a single country but by a group of countries, then a different situation should result.
If Japanese reprocessing stops due to the international concerns on plutonium accumulation, or
causes significant delay, needs on restitution of SF to individual reactor sites and SF’s long storage
would increase. Thereby, it appears that the needs of not only domestic but also international SF
storage become more significant.
Although many discussion and studies have already been made concerning the multilateral
nuclear approach (MNA) , most of them focus on the frontend of nuclear fuel cycle and guarantee
the supply of nuclear fuel (enriched uranium fuel) to the nuclear power generating states. These
approaches may be effective for preventing proliferation of uranium enrichment technology, which
addresses one of the above concerns. However, they are not addressing the issues such as
proliferation of plutonium as a result of accumulation of “spent fuel” and handling of reprocessing
technology with regards to backend. Furthermore, there is a need to examine the international
framework for fuel supply and handling of SF for a normal time, because these approaches
(guaranteeing the supply of nuclear fuel) focus on the termination of supply only at the time of
emergency.
Prior to the present study, the Nuclear Nonproliferation Study Committee conducted a study on
an international nuclear fuel cycle scheme from the viewpoint of nonproliferation.1 That study,
however, did not deal with solutions to specific issues to be addressed in order to make the scheme a
reality such as the feasibility and stability of a framework for an international nuclear fuel cycle and
the identification of conditions for contribution from industry.
This study investigated the specific measures to achieve the sustainable multilateral
international nuclear fuel cycle including stable enriched uranium supply system, SF handing
system, usage of plutonium, establishment of regional safeguards system for the international
nuclear fuel cycle, requirements for the organization that carries out international nuclear fuel cycle,
and role of industry in the international nuclear fuel cycle system. It also examined the issues of the
systems and the countermeasures to achieve the international nuclear fuel cycle. Furthermore, the
study aimed to propose a feasible international nuclear fuel cycle scheme centered on Asia and
present it to the international society.
1 http://www.n.t.u-tokyo.ac.jp/gcoe/jpn/research/nonproliferation/docs/asia_fuel_cycle_kuno.pdf
4
1.2 Significance of multilateral/international framework
As nuclear non-proliferation measures while expanding peaceful use including uranium
enrichment and reprocessing, the international society had been taking actions such as application
of systematic measures such as “safeguards” and limiting holding of SNTs by supply states groups
agreement or bilateral agreement. On the other hand, because the situation of nuclear proliferation
has been getting more serious, the international society is requiring tighter measures including the
“nuclear proliferation resistance” and environment surrounding peaceful uses of nuclear energy is
increasingly getting severe. It is also not desirable to pay higher prices for taking the measures of
the nuclear proliferation resistance, etc.
On the other hand, the characteristics of the needs for enrichment, reprocessing, and
international storage are that the needs can be covered as long as there is a limited number of
facilities in the world. Thus, the idea of “multilateral management of nuclear fuel cycle”, which
facilitates the implementation of fuel cycle not just by one state but by multiple states based on the
stand point of fulfilling both peaceful uses and nuclear non-proliferation, has been discussed. It
should contribute to enhancement of transparency and trust-building in the region.
If we can propose a solution that is internationally acceptable, the multilateral (international)
administration of nuclear fuel cycle should economically and efficiently attain both fostering of
peaceful uses of nuclear power and nuclear non-proliferation.
Recently, first, as to the frontend (= processes from raw material through mining, uranium
enrichment, and fuel production to nuclear power generation), arguments about international
frameworks such as “assuring nuclear fuel supply” have been advanced. Being led by IAEA,
specific proposals around these arguments are being materialized. However, in reality, the issues for
responding to the backend including spent fuel handling (storage and reprocessing) have been
getting more serious. Therefore, the multilateral management concept, which includes the backend,
is expected to be one solution. We believe that by establishing an appropriate multilateral
management concept, the SNTs should be well managed both at frontend and backend and equal
and efficient fuel cycle (effective use of nuclear fuel) can be achieved.
Furthermore, for the nuclear fuel cycle – plutonium utilization polity, which must be retreated
on one-state basis due to nuclear non-proliferation concerns and economic aspect, the multilateral
framework should advance the discussion for the future based on the viewpoint of regional energy
security strategy and HLW environmental burden reduction.
The multilateral management concept is also expected to provide solution to the uniqueness of
Japan (i.e. the only nonnuclear weapon state which has nuclear fuel cycle).
1.3 System design specifications
Design specifications (summary) for the system that this study aims to realize are as follows:
5
Develop a proposed multilateral nuclear approach (MNA) that is effective in nuclear
nonproliferation (nuclear security) through multilateral cooperation to cope with the growing
concern about the proliferation of sensitive technologies resulting from the continuing global
spread of nuclear power plants (including possibilities of obstructive and destructive activities
of terrorists)
Deal with a comprehensive fuel cycle from "front end" to "back end"
Develop a proposed international nuclear fuel cycle model that is feasible and sustainable from
the viewpoint of not only nuclear nonproliferation but also fuel cycle service, host country (site
country) selection, access to technologies, the degree of multilateral involvement, rationality of
economic efficiency, transportation, safety, nuclear damage liability, political acceptability,
public acceptability, geopolitics and regulation
Develop fuel cycle models (proposal) for regions mainly in Asian countries including emerging
nuclear power countries, attaching importance to incentives for the participating countries and
the nuclear power industry
1.4 Basic concept for research on multilateral nuclear approach framework
The proposed International Nuclear Fuel Cycle System (Framework) must meet nuclear
nonproliferation, sustainability and feasibility requirements.
The fuel cycle service system within the multilateral nuclear approach (MNA) framework
(including regional safeguard measures) must be capable of preventing the proliferation of
sensitive nuclear technologies and nuclear materials (it must be as effective as or more effective
than the current global nuclear nonproliferation measures). From the viewpoint of the need to
ensure equality of peaceful use rights and achieve nuclear nonproliferation goals, the MNA
proposal adopts a concept similar to the concept of the objective criteria approach of the 2011
Nuclear Suppliers Group (NSG) Guidelines (related to sensitive nuclear technologies). This means
that basically the proposed approach allows criteria-meeting member countries to introduce
enrichment and reprocessing. Strict control is exercised over the quality of regional safeguard
measures and the control of sensitive nuclear technologies. Furthermore, in view of the possibility
of member countries' withdrawing from the framework, the requirements for the participation in
the framework must include conditions such as the right to demand the return of nuclear materials
when withdrawing from the framework, the termination of the use and operation of the facilities
(related to sensitive nuclear technologies) newly constructed on the basis of the participation in the
framework and the prohibition of transfer to a third-party country.
In addition to the proliferation-preventing function, the fuel cycle service system within the
proposed MNA framework must have functions for maintaining and strengthening safety and
nuclear security in order for the fuel cycle service system to manage nuclear technologies and
nuclear materials safely and adequately, that is, to effectively and efficiently achieve risk
management and risk reduction goals associated with the 3S's (safety, security and safeguards).
The proposed MNA framework must present rational solutions for both nuclear fuel supply
6
(front-end) and spent fuel (SF) handling services (back-end) aspects.
For nuclear fuel supply (front-end), the proposed framework must not only ensure supply but
also provide supply services to meet the needs within the framework.
For spent fuel handling, from the viewpoints of (1) nonproliferation, (2) processing and disposal
and (3) environmental load reduction, combined use must be made of three approaches, namely,
(1) international storage, (2) reprocessing (including the environmental load reduction described
later) and (3) direct disposal.
Spent fuel-generating countries are responsible for both direct disposal of spent fuel and the
disposal of high level waste generated from the reprocessing service.
MNA member countries should devise and implement solutions (developing technologies and
establishing service systems) for environmental load reduction in order to reduce the
environmental burden due to high level waste for which each country is to be responsible. This
can be expected to provide solutions for the disposal of spent fuel final waste within the
framework. (With respect to this viewpoint, the main approach in this study is to pursue final
waste radioactivity reduction by spent fuel reprocessing, but direct disposal should be retained
as an option available within the framework.)
Plutonium recovered by reprocessing should be used for the moment in the form of MOX as
MOX fuel for light water reactors to the extent possible and, in the future when it has become
economically justifiable, should be used as fuel for fast reactors. For regional energy security in
future, therefore, stockpiling is regarded as an option (international storage within the MNA
framework).
7
2. Problems with past and current proposals related to multilateral/international approaches
2.1 Historical review of international framework 2
“Uranium enrichment” and “spent fuel (SF) reprocessing technology”, together with the heavy
water production technology, are called “Sensitive Nuclear Technologies (SNT)”. From the
perspective of preventing proliferation of SNT, the concept of “international control” had been
proposed for long time. The old one is the international control of nuclear materials, which was
developed under the Truman Administration in 1946 (i.e. pooling all nuclear materials, etc. in an
international organization and lend them to wishing states). This plan was later put on the table of
the UN Atomic Energy Commission (UNAEC) in the form of “Baruch Plan” by UN Representative
B. Baruch. The Plan, however, did not take off successfully because it was contradicting with the
US’s free enterprise system of that time as it was promoting international ownership of the US
technology. It also reached deadlock in the negotiation between US and Soviet Union. However, the
Plan triggered the “Age of International Collaboration for Peaceful Use of Nuclear Energy” on the
“Atoms for Peace” speech by US President Eisenhower in 1953 at the UN. In this initiative, the
uranium bank (reserve) with an intension of international management of fissile materials was
proposed. After these debates, the International Atomic Energy Agency (IAEA) was established in
1957. Provision of nuclear materials, etc. became one of the missions of the IAEA. However, the
uranium bank plan was eventually abandoned because a) uranium supply was not as limited as was
initially envisioned, and b) competition of commercial nuclear energy technology/supply of nuclear
materials in the major supplying states based on the above speech was intensified.
In the post-war Europe, European Atomic Energy Community (EURATOM) was established
to promote nuclear energy development. The most important requirement of the Convention was “to
guarantee nuclear materials supply” by the member states. At the same time, the Convention had
safeguards systems to ensure that the nuclear materials within EURATOM were to be used only for
peaceful uses.
International debate with regards to exporting nuclear technology and material/equipment is
another international framework concerning the supply. In 1971, Zangger Committee was
established. The member states shall apply the IAEA’s safeguards to the exported “nuclear materials”
when exporting them to the non-NPT member states without nuclear weapons as well as when
transshipping them from these nonnuclear weapons states. The Committee also created a list of
equipment as subjects of the regulation. Meanwhile, after the first nuclear test by India, the Nuclear
Suppliers Group (NSG) was established in 1974 for a similar purpose. The NSG controls exports
based on the so-called “NSG Guidelines”, the guidelines designed for the states which export
nuclear energy related equipment, material and technologies (it is a “gentleman’s agreement”
without any legal binding power).
In 1975, the IAEA began the exploration of the first Regional Nuclear Fuel Cycle Center
2 http://www.jaea.go.jp/04/np/activity/2008-07-10/2008-07-10-9.pdf
8
(RFCC) and assessed the advantages of applying backend to the RFCC. The RFCC report examined
and presented basic research from international and regional approach regarding the backend of fuel
cycle in various geographical sites. From 1977 to 1980, the International Nuclear Fuel Cycle
Evaluation (INFCE) was conducted, and the effectiveness of nuclear fuel cycle was thoroughly
evaluated by 8 working groups (WGs). Through this activity, many WGs picked up “fuel cycle
center” and described it as a systematic arrangement to strengthen nuclear non-proliferation.
Furthermore, for the SF issues, they considered the fuel cycle as a solution that includes legal
framework and multinational arrangement. Based on the results of the INFCE, the IAEA supported
the experts group to examine the concept of international plutonium storage (IPS), established the
Committee for Assurance of Supply (CAS) in 1980 and continued the deliberation until 1987. The
experts’ examination concluded that the multilateral approach was technically and economically
feasible but there were still issues in terms of difficulty in prerequisites for participation and transfer
of rights towards nuclear non-proliferation.
At GLOBAL 93, an international conference, the “International
Monitored Retrievable Storage System (IMRSS)” was proposed by Dr. Häfele from Germany.
IMRSS proposes that spent nuclear fuel and plutonium shall be stored in retrievable condition under
the monitoring by an international entity. It chose the IAEA as a desirable entity to lead the
initiative. Although it was considered as a temporally measure to buy some time until the
conclusion of whether SF would be directly disposed or plutonium would be retrieved, there was no
developed thereafter. Dr. Atsuyuki Suzuki of the University of Tokyo made a proposal for SF
storage in the East Asia region, and Dr. Choi of CISAC/Stanford University made a proposal for the
regional treaty including regional SF storage. Their proposals show significance of the systems in
which the host states offer interim storage of SF for a limited time (40 to 50 years), even though the
handling of SF from other states is not easy.
In 1994, the US and Russia agreed that the US would purchase 500 tons of highly-enriched
uranium (HEU) from Russia, convert it to low-enriched uranium (LEU) and make peaceful uses of
it. Furthermore, both states agreed that each state would declare 50 tons of excess plutonium to be
used for defense purposes, dismantle and retrieve 34 tons of it from nuclear weapons, and convert
them to power generating fuel as MOX. For the purpose of nuclear non-proliferation, the US also
began the “Foreign Research Reactor Spent Nuclear Fuel Acceptance Program (FRRSNFA)” in
1996 to accept the US-origin spent HEU and LEU fuels from foreign research reactors by May
2009. Furthermore, under the Russian Research Reactor Fuel Return (RRRFR) Program, some 2
tons of HEU and some 2.5 tons of LEU SF, which were previously supplied by Soviet Union/Russia
to foreign reactors, were shipped to the Mayak reprocessing complex near Chelyabinsk. The US and
the Russian Federation cooperated in several repatriation projects for Russian-origin HEU fuels.
Based on the recognition that SF and high level waste (HLW) are the common critical issues
which could be factors to hinder nuclear energy promotion in the East Asia region, the Pacific
Nuclear Council (PNC) began deliberation to promote understanding and cooperation for the
management of SF and HLW among the PNC members and investigate possibilities of the
International Interim Storage Scheme (IISS) in 1997. The IISS is managed at national, regional, or
9
international levels and is to augment (not to replace) the national system. The IISS operates during
the contract period from the time when SF and HLW are deposited to the storage facility in the host
state till the time when “they are returned to the originating state”. The host state would be
responsible for safety and safeguards of the storage facility and receive financial liability from the
contact member state, which is the owner of the SF and HLW.
In reality, the interim storage of SF, a part of reprocessing contract, had been offered by
reprocessing operators such as the BNFL and the AREVA. With this system, the state which makes
a reprocessing contract can store SF as long as it is stored in the reprocessing facility; however the
separated plutonium and HLW at the time of reprocessing would be returned to the state. On the
other hand, the concepts of the IMRSS, the RSSFEA, regional treaty and the IISS demand the host
state to store or dispose of other state’s SF. However, this is not easy in reality.
2.2 Recent proposals 3, 4
The concerns about nuclear proliferation by states and the acquisition of nuclear weapons by
terrorists had grown after nuclear test by India/Pakistan in 1998 and terrorist attack on September
11, 2001. The nuclear weapons black market network issues by Democratic People’s Republic of
Korea (DPRK, hereafter referred to as North Korea), Libya, Iran and A.Q. Khan are driving the
international society to make efforts through various trials and proposals in preventing proliferation
of the SNT related to fuel cycle such as isotope separation and reprocessing.
The proposals made by Director General of the IAEA, M. ElBaradei, in October 2003
presented that (1) reprocessing and enrichment operations must be restricted under the multinational
control, (2) nuclear energy system shall have nuclear non-proliferation resistance, and (3)
multinational approaches shall be considered for the management and disposal of SF and
radioactive wastes. However, it was anticipated that his idea of multilateral system of SNT and
radioactive substances would take long time to overcome issues. Former US President G.W. Bush
strongly demanded in his speech at the National Defense University in February 2004 that exporting
SNT should be limited to the states which were already using them in full scale and respecting the
Additional Protocol. However, this proposal may lead to international cartel and may split the
member states into the states with SNT and without SNT. The “Nuclear Fuel Leasing” proposal by
V. Rice, et al. and “Nuclear Fuel Service Assurance Initiative” proposal by E. Moniz, et al. expect
the improvement of nuclear non-proliferation though institutionalization. However, the proposals
still contain a concern over supply assurance to the user states as well as a concern over the
dichotomization of the member states, similar to the other proposals.
Later, a group of experts for multinational nuclear (fuel cycle) approaches (MNA) was
formed (ElBaradei Commission). The group was assigned to (1) identify and provide an analysis
3 http://www.jaea.go.jp/04/np/activity/2008-07-10/2008-07-10-9.pdf and NAS–RAS joint committee report: Internationalization of
the nuclear fuel cycle: goals, strategies, and challenges, September 30, 2008. 4 Kuno and Choi: "Concepts for internationalization of nuclear fuel cycle and regional management: Why internalization of nuclear
fuel cycle?," Genshiryoku Eye (Nuclear Viewpoints), 59–62, No. 5, 2009.
10
of issues and options relevant to multilateral approaches to the frontend and backend of the nuclear
fuel cycle, (2) provide an overview of policy, legal, security, economic, institutional and
technological incentives and disincentives for cooperation in multinational arrangements, and (3)
provide a brief review of the historical and current experiences and analysis relating to
multinational fuel cycle arrangements. In the report, MNA was assessed based on two primary
factors, namely, assurance of supply and services, and assurance of nuclear non-proliferation.
Furthermore, 3 potential MNA options were presented.
1) To strengthen existing market mechanism case by case with an assistance from governments
through long-term and transparent arrangement;
2) To establish an international supply assurance such as fuel bank in collaboration with the IAEA
as an organization to assure fuel supply; and
3) To promote voluntary transformation of existing facilities of member states to MNA (including
regional MNA by collaborative ownership and collaborative administration)
The study results by the expert group at the IAEA are summarized in INFCIRC/640, which
gave an impact on the successive examination of multinational approach framework.
After this report, a number of proposals related to supply assurance and multilateral
approaches had been put forward. Followings are some of these proposals/approaches:
1) In order to achieve “Reliable Fuel Supply (RFS) Initiative”, announced by former Secretary
of the US Department of Energy (DOE), Bodman in September 2005, the US is in the process
of down-blending about 17.4 tons of HEU to about 290 tons of LEU (4.9%) within 3 years
and storing them. The RFS Initiative was later renamed to the American Assured Fuel Supply
(AFS) and it became available in 2012.
2) During the discussion of fuel supply assurance at the Global Nuclear Energy Partnership
(GNEP), the US, in collaboration with the partner states, declared that it would aim at
establishing a fuel service mechanism including fuel supply at frontend and SF disposal at
backend to achieve international nuclear non-proliferation. In the Nonproliferation Impact
Assessment (NPIA) (draft) presented by DOE in January 2009, the importance of maintaining
advanced reprocessing capacity including minor actinide recycling was insisted. It also
emphasized the significance of US’s participation in the overall fuel services including
backend service in order to suppress incentives for the emerging states to individually
develop enrichment and reprocessing technologies. Later, as was influenced by political
regime change, the GNEP terminated its domestic activities (i.e. cancellation of prompt
construction of commercial reprocessing facility and fast reactor) and decided that they would
maintain international collaboration framework as International Framework for Nuclear
Energy Cooperation (IFNEC) only for the international activities from 2010. The fuel supply
working group at IFNEC expressed their willingness to support collaborative actions among
member states and organizations towards establishment of international fuel supply
framework. They would also provide trustworthy and worth the cost fuel services/supply to
the global market and provide options relating to the development of nuclear energy usage in
11
accordance with reduction of nuclear proliferation risks. In the speech of the new director, he
expressed their willingness to achieve so-called “from cradle to grave”.
3) World Nuclear Association (WNA) proposed a three-level assurance mechanism: 1) basic
supply assurance provided by the existing market, 2) collective guarantees by enrichment
operators supported by relevant governmental and the IAEA commitments, and 3)
government stocks of enriched uranium product. According to them, it is necessary to
promote international fuel cycle center idea when nuclear energy usage is expanded in the
future.
4) Reliable Access to Nuclear Fuel (RANF) (nuclear fuel supply assurance concept by 6 states):
Similar to the above, this proposal contains a three-level mechanism: 1) supply through
market, 2) system in which enrichment operators would substitute for each other based on the
collaboration with the IAEA, and 3) virtual or physical low-enriched uranium banks by a state
or the IAEA.
5) Japanese proposal: The states willing to participate shall voluntarily register at/notify the
IAEA their capacities (current stockpiles and supply capacity), and the member states shall
notify the IAEA their service provision capacity in accordance with the availability of service
utilization capability by three levels (Level 1: provision of service on the domestic
commercial basis – no exporting at commercial scale, Level 2: international provision on the
commercial basis, Level 3: storage that can be exported for a short time). The IAEA would
make an agreement of standby-arrangement with member states and manage the system. If
fuel supply actually gets confused in a state, IAEA should play a role as a mediator. This
proposal is to improve market transparency, prevent supply termination, and augment the
RANF proposal.
6) UK Enrichment Bond proposal: Enrichment tasks shall be carried out by domestic
enrichment operators. The supplying state, consuming state and the IAEA should make a
treaty in advance. The IAEA shall approve commitment of the consuming state for nuclear
non-proliferation. If assurance is activated by bonding, the supplying state would not be
prevented from supplying enrichment services to consuming state. This proposal is to
enhance credibility of supply assurance mechanism and augment the RANF proposal. The
Bond proposal was later renamed to the Nuclear Fuel Assurance (NAF) proposal and was
approved by the IAEA Board of Governors in March, 2011.
7) The Nuclear Threat Initiative (NTI) proposal: This is a storage system for LEU stockpile
possessed and controlled by the IAEA, and it is the anchor proposal for the actual realization.
For the activity of the NTI, US pledged $50 million, Norway $5 million, the United Arab
Emirates $10 million, EU $32 million, and Kuwait offered $10 million. The total pledge had
reached $107 million. Furthermore, in April 2009, Kazakhstan’s President Nazarbayev
announced that the country was ready to receive the IAEA nuclear fuel bank and officially
announced its willingness to be a host state in January 2010 (INFCIRC/782). In May 2009,
12
the IAEA presented a proposal for deliberation at the Board of Governors to be held in June
2009. The proposal included consuming state’s requirement in relation to the IAEA nuclear
fuel bank, supply process, contents of model agreement (e.g. supply price of LEU, safeguards,
nuclear material protection, nuclear liability), etc. Later, at a regular Board of Governors on
December 3, 2010, the establishment of “nuclear fuel bank” which should internationally
manage and supply LEU to be used as fuel for nuclear energy generation was agreed. If the
IAEA receives a request from a state which cannot purchase LEU due to exceptional
circumstances impacting availability and/or transfer and is unable to secure LEU from the
commercial market, State-to-State arrangements, or by any other such means, the IAEA
should supply LEU to the state at the market price under the guidance of the Director General
of IAEA. Through this agreement, the first system in which LEU would be controlled by an
international organization began. The IAEA owns the bank based on the contributions from
the member states. The Board of Directors should later deliberate the location of the bank.
Kazakhstan is already declaring its candidacy for a host state. The resolution was proposed
collaboratively by over 10 states including the US, Japan and Russia and was adapted with 28
states voting for favor. The developing countries which were planning to have nuclear
energy later had been insisting that the bank would lead to the monopoly of nuclear
technology by developed countries and “right for peaceful use of nuclear energy” stipulated
by the NPT would be threatened. To address this issue, the resolution clearly stated that it
would not “ask for abandoning” nuclear technology development by each state and obtained
understanding from the developing countries.
8) International Uranium Enrichment Center (IUEC): The IUEC was established in Angarsk,
Russia, with investment by Russia and Kazakhstan. The IUEC is not only to assure supply but
to provide uranium enrichment services. Thus, this proposal is more realistic than the others.
The proposal states that the uranium enrichment technology should be black-boxed, namely,
the investing states should not be informed, and the technology should be under the control of
the IAEA. Other than Russia and Kazakhstan, Armenia and Ukraine are now members of the
IUEC, while Uzbekistan is expressing their intention of participation. It should have the LEU
reserve of 2 1000MW-level cores. In May 2009, for the deliberation at the IAEA Board of
Governors to be held in June, Russia submitted the proposal including the summary of
agreement for LEU storage between the IAEA and Russia and summary of agreement for the
LEU supply between the IAEA and the consuming states. In November 2009, being led by
Russia, the nuclear advanced states submitted a resolution to the IAEA Board of Governors of
November. The resolution was to seek approval of two agreement plans: 1) agreement plan
between the IAEA and Russia to establish the LEU reserve under Russian IUEC, and 2) a
model agreement plan between the IAEA and the LEU recipient states concerning the LEU
supply from the reserve. The resolution was approved by a majority. In March 2010, the
IAEA’s Director General, Amano, and Director General of Rosatom Nuclear Energy State
Corporation, Kiriyenko, signed on the agreement for the establishment of the LEU reserve
under Russian IUEC, and the LEU storage was established in December, 2010.
9) Multinational Enrichment Sanctuary Project (MESP) (proposed by Germany): This proposal
13
is for the IAEA to manage enrichment plant and exportation on an extra-territorial basis in a
host state. The SNT should be black-boxed.
10) The Science Academies of the US and Russia presented analysis and proposals for nuclear
fuel assurance as a measure to prevent proliferation of nuclear weapons under the title of
“Internationalization of Nuclear Fuel Cycle – Goals, Strategies, and Challenges”. In its
report2, the options and technological issues for the future international nuclear fuel cycle are
presented. The report also contains the analysis of the incentives for the states that opt for
accepting fuel supply assurance and developing enrichment or reprocessing facilities and do
not opt for it. Furthermore, they examined new technologies for reprocessing/recycling and
new reactors and made various proposals to the governments of US and Russia and other
nuclear supplier states to stop proliferation of SNT and contribute to reduction in the risk of
nuclear weapons proliferation. The report analyzed and summarized critical issues and
presented several standards for assessing the options.
Figure 2.1 shows the flow of nuclear nonproliferation measures focusing mainly on
multilateral management and supply guarantee. As shown, the debates are becoming more and more
active in recent years, and the needs for internationalization of fuel cycle, which was not very
realistic until now, are gradually becoming reality. As described above, as of December 2011, the
IAEA nuclear fuel bank, LEU reserve in Angarsk, Russia, and the UK’s NFA proposal were
approved by the IAEA Board of Governors, and the US’s AFS became available in 2012.
この図は以前と同じ
Russia took back SF from FSRs, now Eastern European Countries
Soviet took back SF from Soviet-built nuclear reactor
in Finland
RRRFR: US supports Russia to take back SF
from Russian origin research Rx (1999-)
FRRSNFA: US takes back SF from US origin
Rx (1996 -)
Global Threat Reduction Initiative
(GTRI) (2005 -)
1946 1950 1960 1970 1980 1990 2000
Baruch
Plan
Uranium
bank
EURATO
M IAEA
RFCC INFCE
Zanger
Committee
NSG
INFCIRC/153
Int’l Pu storage
Committee
Assurance of
Supply (CAS)
IMRSS
RSSFEA
Regional
Compact
PNC/
IISS
INFCIRC/540
AP
IAEA Expert
Group,
INFCIRC/ 640
ElBaradel
NAS/RAS
Study on
Int’l NFC
WNA, RANF
SA-RANF
(Japan)
ME-SP
(Germany)
IUEC
(Angarsk)
RFS (AFS)
17.4t HEU Enrichment bond
(NFA, UK)
INFCIRC/66
G.W. Bush
GNEP
RFCC: Regional Fuel Cycle Centre
NSG: Nuclear suppliers Group
INFCE: International Nuclear Fuel Cycle Evaluation
RSSFEA: Region Storage of SF in East Asia
Regional Compact: Regional compact including SF storage
PNC/IISS: Pacific Nuclear Council/ International Interim Storage
Scheme
WNA: World Nuclear Association
RFS: Reliable Fuel Supply Initiative
IUEC: International Uranium Enrichment Center
Takeback SF from
Power Rx
Takeback SF from
Research Rx
Multinational
approaches of NFC
Limiting enrichment
and reprocessing
Fuel supply
assurance
Regional spent fuel
storage
Regional fuel cycle
center
International control
of SNTs and
materials
Export control
International
safeguards
Figure 2.1 Changes in proposals and initiatives for international and regional
management of nuclear fuel (cycle) associated with nuclear nonproliferation
14
2.3 Issues with the past and current proposals
From 2009 to 2011, most of the multilateral approaches had never been implemented in any
forms until the nuclear fuel bank and the LEU storage were approved by the IAEA Board of
Governors. It was probably because the nuclear proliferation was not recognized as a sufficiently
serious issue and there was not so strong economic motivation.
However, as was explained above, the situation has been changing in the last few years.
Despite the Fukushima Nuclear Power Plant accident as well as the actual global concern over
nuclear non-proliferation, the expansion on the peaceful uses of nuclear energy in the world is
unavoidable in the long run. In that sense, the role of supply assurance of nuclear fuel bank, etc. was
reviewed, and the establishment of the IAEA nuclear fuel bank was approved by the IAEA Board of
Governors.
Another reason why many proposals on multilateral approaches have not been implemented
so far was because the proposals did not specify states to be involved. For example, the
INFCIRC/640 report did not specify the name of the states but only evaluated and examined the
nuclear non-proliferation and supply assurance from a comprehensive perspectives.
The purpose of this study is to identify and propose a multilateral approach that is feasible and
sustainable with respect to both front-end and back-end aspects of the nuclear fuel cycle. Thus,
although the study examines and evaluates the framework based on the INFCIRC/640, it is
important to evaluate and examine the adequate supply assurance based on a model specific to
states or region, which was not taken into consideration in the INFCIRC/640, in terms of the
nuclear energy situation, specific uranium material supply, uranium enrichment, spent fuel
reprocessing services or (interim) storage of each state and region. It is considered, therefore, that
besides proposing a specific model, the study should consider and evaluate many requirements such
as treaties, agreements (proposals) and regulations, nuclear nonproliferation, economic efficiency,
access to technologies, geopolitics and transportation.
3. Requirements for establishing multilateral/international nuclear approach (MNA)
There had been many proposals with regards to nuclear fuel cycle multilateral nuclear fuel
cycle framework. Particularly, the INFCIRC/640 (Pellaud Report) adequately evaluates the
advantages and disadvantages of various elements from frontend to backend for each option (type)
of the framework. The key points of the report are as follows:
Three options are assumed as a framework of a MNA.
Type I Assurances of services not involving ownership of facilities
i) Suppliers provide additional assurance of supply
ii) International consortium of governments
15
iii) IAEA-related arrangement
Type II Conversion of existing national facilities to multinational ones
Type III Construction of new facilities
Next, the INFCIRC/640 evaluates the advantages and disadvantages of each item of nuclear
fuel cycle technology (i.e. uranium enrichment, spent fuel reprocessing, spent fuel disposal, spent
fuel storage) based on the following evaluation elements.
Label A Nuclear non-proliferation value of MNA
Label B Assurance of supply value of MNA
Label C Selection of siting and a host state
Label D Access to technology
Label E Multilateral involvement
Label F Special safeguards provisions
Label G Non-nuclear inducements
As a result of analysis, the INFCIRC/640 states that the objective of maintaining fuel supply
and service assurance while strengthening nuclear non-proliferation can be achieved by introducing
Type I to III in a phased manner.
Our study evaluated and reviewed the adequate options for MNA and their requirements
based on the above options and evaluation results as well as other various elements. As a result, we
believe that the appropriate options of MNA would be as follows:
Type A: The ownership of existing or new facilities is not transferred to MNA. Participation
(activities) does not involve providing fuel cycle services (uranium fuel supply service, spent
fuel/MOX storage service, spent fuel reprocessing service); instead, participants receive such
services from MNA (participation as owners of existing power reactors). It is necessary to agree
to cooperate in achieving higher levels of nuclear nonproliferation (safeguards), nuclear
security and safety (3S's).
Type B: The ownership of existing or new facilities is not transferred to MNA. Participation
(activities) involves providing fuel cycle service. It is necessary to agree to cooperate in
achieving higher levels of nuclear nonproliferation (safeguards), nuclear security and safety
(3S's).
Type C: The ownership of existing or new facilities is transferred to MNA. Participation
(activities) involves providing fuel cycle services. It is necessary to agree to cooperate in
achieving higher levels of nuclear nonproliferation (safeguards), nuclear security and safety
(3S's) (more effective in achieving higher levels of the 3S's than Type A and Type B
approaches).
Requirements for each option have been identified for the twelve categories (labels):
16
Label A Nuclear non-proliferation
If a state meets certain criteria (e.g. regional safeguards under MNA, nuclear security, export
control), it is considered that the state can adequately maintain nuclear non-proliferation. Thus,
the possession of SNTs (i.e. uranium enrichment and spent fuel reprocessing), which is one of
the measures for nuclear non-proliferation, would not necessarily be controlled (criteria-based
approach).
Label B Fuel cycle service
Appropriate state becomes a host state (or site state) and provides fuel cycle service.
The state should provide uranium fuel supply service to those states without enrichment
facilities (i.e. partner state).
As establishment/membership requirements with regards to SF storage under the MNA
framework, the member states (host, site, and recipient states) must determine long-term SF
processing measures within a specific period (until it is expected that MOX fuel can compete
with U fuel in terms of cost: e.g. 50 years). If they cannot make a decision, the received SF
(international storage) should be returned to the generating states.
Excess separated plutonium as a result of reprocessing is considered not favorable for the
nuclear non-proliferation. However, from now on, they should be considered as stockpiles for
the future regional energy security.
In the future, the states should be responsible for disposal of HLW. In order to secure the
disposal space and to reduce environmental burden (e.g. natural level within 300 to 500 years),
solutions shall be discussed and implemented among the member states of the Framework
within a certain period of the multinational storage.
Label C Selection of a host state (site state)
The state that meets all requirements shall be a host state (or site state).
Label D Access to technology
The access to SNTs shall be strictly controlled under the MNA Framework.
The following prerequisites are summarized in Table 3.1 for each option, together with all
other prerequisite.
Label E Multilateral involvement
Label F Economics
Label G Transport
Label H Safety
Label I Liability
Label J Political and public acceptance
Label K Geopolitics
Label L Legal aspect
17
Table 3.1 Formation of MNA based on INFCIRC/640 (Pellaud Report)5, etc (Fuel cycle service (uranium fuel supply service, SF/MOX storage service, SF reprocessing service)) (Requirement for framework establishment)
Options for MNA
Label A: Requirements for nuclear non-proliferation
Restriction to the states having sensitive nuclear technologies (SNT)/right of peaceful use of nuclear energy NPT, Safeguards Agreement (CSA,AP)
Nuclear
facility owner
Notes Safeguards implementer (s) (Comprehensive
Safeguards Agreement, CSA)
Complementary
access implementer(s)
(Additional Protocol
( AP))
Material accounting Inspector(s)
Conventional country-based management Operator Member state operator IAEA IAEA
Type A:
The ownership of existing or new facilities
is not transferred to MNA. Participation
(activities) does not involve providing fuel
cycle services, but participants receive such
services from MNA. It is necessary to agree
to cooperate in achieving higher levels of
nuclear nonproliferation (safeguards),
nuclear security and safety (3S's).
Member state
operator
Framework in which fuel cycle services are available to non-SNT-holder countries if they meet certain
conditions (e.g. regional safeguards, nuclear security, export control)
Member state operator and
MNA member states
IAEA+MNA member
states
IAEA+MNA
member states
Regional safeguards: RSAC (CSA+AP)
State operator material accounting, material accounting data are checked by
MNA member states, and joint inspection by IAEA/MNA member states
Type B:
The ownership of existing or new facilities
is not transferred to MNA. Participation
(activities) involves providing fuel cycle
service. It is necessary to agree to
cooperate in achieving higher levels of
nuclear nonproliferation (safeguards),
nuclear security and safety (3S's).
Member state
operator
Framework in which the fuel cycle service is available to non-SNT-holder countries if they meet certain
conditions (e.g. regional safeguards, nuclear security, export control) (criteria-based approach)
Host country, EH (country providing fuel cycle service)
Partner country, EP (country receiving fuel cycle service)
Many conventional proposals aim to limit the ownership of NSTs such as enrichment and reprocessing
technologies by fuel supply service.
Data check by domestic
entity and MNA member
states
IAEA+MNA member
states
IAEA+MNA member
states
Regional safeguards: RSAC (CSA+AP)
State operator material accounting, material accounting data are checked by
MNA member states, and joint inspection by IAEA/MNA member states.
Type C:
The ownership of existing or new facilities
is transferred to MNA. Participation
(activities) involves providing fuel cycle
services. It is necessary to agree to
cooperate in achieving higher levels of
nuclear nonproliferation (safeguards),
nuclear security and safety (3S's) (more
effective in achieving higher levels of the
3S's than Type A and Type B approaches).
Member state
operator
Fuel cycle service facilities whose ownership has been transferred to MNA are established in countries
that meet certain conditions (e.g. regional safeguards, nuclear security, export control) (criteria-based
approach). It is necessary to meet certain conditions in order to become a host country (site country).
MNA consortium IAEA+MNA member
states
IAEA+MNA member
states
Regional safeguards: RSAC (CSA+AP)
MNA member state’s material accounting and joint inspection IAEA/MNA
member states.
5 IAEA, INFCIRC/640 (Pellaud Report), February 2005
18
Table 3.1((continuation-1) Formation of MNA based on INFCIRC/640 (Pellaud Report), etc (Fuel cycle service (uranium fuel supply service, SF/MOX storage service, SF reprocessing service)) (Requirement for framework establishment)
Options for MNA
Label A: Requirements for nuclear non-proliferation
Nuclear security
Export control
(Not included in a nuclear non-proliferation evaluation element of INFCIRC./640)
Limited access to SNTs
(Included in nuclear
non-proliferation evaluation
element of INFCIRC./640)
Requirement for withdrawal
Conventional
state-basis
management
To be carried out by MNA state consortium (e.g.
military, police)
To be a member of NSG and conduct export control. -
Type A To be carried out by licensees in member countries
in accordance with the regulations in each country.
Performance in meeting international nuclear
security guidelines is to be evaluated through
AMMAO's advisory review. Review results are
nonbinding recommendations.
To be a member of NSG and conduct export control based on the following criteria.
(i) To be a Party to the NPT and is in full compliance with its obligations under the
Treaty. The safeguards here indicate the regional safeguards;
(ii) To have not been identified in a report by the IAEA Secretariat which is under
consideration by the IAEA Board of Governors, as being in breach of its obligations to
comply with its safeguards agreement, nor continues to be the subject of Board of
Governors decisions calling upon it to take additional steps to comply with its
safeguards obligations or to build confidence in the peaceful nature of its nuclear
program, nor has been reported by the IAEA Secretariat as a State where the IAEA is
currently unable to implement its safeguards agreement.
(iii) To respect for the NSG Guideline6;
(iv) To has concluded an inter-governmental agreement with the supplier including
assurances regarding non-explosive use, effective safeguards in perpetuity, and
retransfer;
(v) To have made a commitment to the supplier to apply mutually agreed standards of
physical protection based on current international guidelines; and
(vi) To have committed to IAEA safety standards and adheres to accepted international
safety conventions.
(c) Transfer should be allowed only when the recipient has brought into force a
Comprehensive Safeguards Agreement, and an Additional Protocol based on the model
Additional Protocol, or pending this, is implementing appropriate safeguards agreements in
cooperation with the IAEA, including a regional accounting and control arrangement for
nuclear materials, as approved by the IAEA Board of Governors.
The subjective criteria of NSG guideline should not be considered.
Access to NSTs should be
limited to the states which
already have the NSTs.
SNTs should be managed by
black box, etc.
(1) After withdrawal, the state must return
to the safeguards before its participation
in the framework (IAEA safeguards).
(2) The use and operation of the facilities
that are newly built due to participation
in the framework must be terminated.
Confirmation and verification of
termination must be entrusted to IAEA.
(3) Of the nuclear material produced by the
new facilities built due to participation
in the framework, enriched uranium
must be returned via the MNA to the
state that asked for enrichment service.
Even if possessed by the state
concerned (withdrawing state),
plutonium (MOX) must be transferred
to and stored at the MNA (international
MOX storage facility) as international
stockpile of the region. This should
support future energy source of the
region (corresponding service cost
should be paid to the withdrawing
state).
(4) It must be prohibited to transfer or sell,
to any state out of the framework, any
nuclear material produced by the new
facilities built due to participation in the
framework
Type B To be carried out by licensees in member countries
in accordance with the regulations in each country.
Performance in meeting international nuclear
security guidelines is to be evaluated through
AMMAO's advisory review. Review results are
nonbinding recommendations.
Type C To be carried out by licensees in MNA in
accordance with the regulations in site countries.
Performance in meeting international nuclear
security guidelines is to be evaluated through
AMMAO's advisory review. Review results are
nonbinding recommendations.
6 NSG Guidelines, INFCIRC/254/Rev.11/Part 1, 12 November 2012
19
Table 3.1((continuation-2) Formation of MNA based on INFCIRC/640 (Pellaud Report), etc (Fuel cycle service (uranium fuel supply service, SF/MOX storage service, SF reprocessing service)) (Requirement for framework establishment)
Options for MNA Label B: Fuel Cycle Service
Enhancement of nuclear
non-proliferation, intending to limit
SNTs holding.
Incentives for nuclear fuel cycle service
Uranium fuel supply service Spent fuel/MOX storage service Spent fuel reprocessing service
Conventional
country-based
management
Type A There is no intention of limiting the
possession of sensitive nuclear
technologies.
There is no uranium fuel supply service for
other member countries. Mainly, member
countries participate in MNA as power
reactor owners receiving services.
There is no spent fuel storage service for other
member countries.
Spent fuel reprocessing service to the other states it not provided.
Type B The effect of limiting the possession of
sensitive nuclear technologies can be
expected to a certain degree, but the
aim is not necessarily to limit
possession and thereby promote
nuclear nonproliferation.
Host countries provide uranium fuel supply
service to meet the needs of countries that
do not have enrichment facilities (partner
countries).
Excessive market intervention is avoided.
Host countries or site countries (MNA) provide spent
fuel storage service to partner countries (assurance of
spent fuel storage service availability).
It is a prerequisite for establishment/membership that
a decision is made on long-term spent fuel disposal
measures within a certain period (a period of time
within which MOX fuel is expected to become as
competitive in terms of cost as uranium fuel; for
example, 100 years). If this decision cannot be made,
the spent fuel in storage (international storage) is
returned to the generating country.
Recovered Plutonium (Pu) from reprocessing is partially used in the form of MOX
as LWR-MOX fuel, but it is mainly stored as future resources*)(*Basically until
the time when MOX fuel can be expected to be equivalent to U fuel). The
so-called “excess separated plutonium” as a result of reprocessing is considered not
favorable for nuclear non-proliferation. However, through MOX international
storage under MNA control (enhancement of nuclear non-proliferation such as
regional safeguards and strong nuclear security measures), MOX production shall
be considered as the “stockpile for regional energy security” for the future.
The MOX can be used for LWRMOX as well as fast reactor when the economic
feasibility becomes high enough.
In the future, the states should be responsible for disposal of HLW. In order to
secure the disposal space and to reduce environmental burden (e.g. natural level
within 300 to 500 years), solutions shall be discussed and implemented among the
member states of the Framework within a certain period of the time.
Avoid excessive intervention to the market.
Type C The effect of limiting the possession of
sensitive nuclear technologies can be
expected, but the aim is not necessarily
to limit possession and thereby promote
nuclear nonproliferation.
MNA provides uranium fuel supply service
to meet the needs of countries that do not
have enrichment facilities (partner
countries).
Excessive market intervention is avoided.
20
Table 3.1((continuation-3) Formation of MNA based on INFCIRC/640 (Pellaud Report) , etc (Fuel cycle service (uranium fuel supply service, SF/MOX storage service, SF reprocessing service)) (Requirement for framework establishment)
Options for MNA
Label C: Selection of a host state (site
state)
Label D: Access to technology Label E: Multilateral involvement Label F: Economics
Label G: Transportation
Conventional
state-basis
management
― - ― Depends on the member state.
Type A
Even if a state has an enrichment
facility, a SF storage facility, or
processing (reprocessing) facility, it does
not become a host state.
Access should be permitted
only by technology holders
No participation for supply
Ownership of facility: Technology holder (each state)
Management: Technology holder (each state)
Operation: Technology holder (each state)
Research, development, design and construction of
facility: Technology holder (each state)
Type B
It should be politically and
geographically stable.
Access should be permitted
only by technology holders
Participation only for supply
Construction and ownership of facility: Technology
holder (host state)
Management: Technology holder (host state)
Operation: Technology holder (host state)
Research, development, design (mainly SF processing
technology) : MNA
As the net result of the economy of scale and the
increase in transportation cost, MNA improves
economic efficiency.
It should aim at high security
transportation.
International transport standards
should be satisfied.
It should cooperate in
transportation.
Type C
Special management: Legal framework
to restrict national jurisdiction regarding
location of the MNA fuel cycle facility
(“Special region” situation). It should be
politically stable.
Access should be permitted
only by technology holders
Ownership of facility: MNA
Management: Technology holder (state) under
commission from MNA
Operation: Technology holder (state) under commission
from MNA
Research, development, design and construction of
facility (mainly SF processing technology): MNA
As the net result of the economy of scale and the
increase in transportation cost, MNA improves
economic efficiency.
It should aim at high security
transportation.
International transport standards
should be satisfied.
It should cooperate in
transportation.
21
Table 3.1((continuation-4) Formation of MNA based on INFCIRC/640 (Pellaud Report), etc (Fuel cycle service (uranium fuel supply service, SF/MOX storage service, SF reprocessing service)) (Requirement for framework establishment)
Options for MNA
Label H: Safety
Label I: Liability
Label J: Political and public
acceptance
Label K: Geopolitics
Label L: Legal aspects
Conventional state-basis
management
To be carried out by MNA state consortium.
Liability by each state.
Type A To be carried out by licensees in member countries in
accordance with the regulations in each country.
Performance in meeting international safety guidelines is to be
evaluated through AMMAO's peer review. Review results are
nonbinding recommendations.
Liability by each state. It should follow the NPT Article IV:
1. Nothing shall be interpreted as affecting the
inalienable right of all the parties to the Treaty to use of
nuclear energy for peaceful purposes without
discrimination.
2. All the Parties to the Treaty undertake to facilitate the
fullest possible exchange of equipment, materials and
scientific and technological information for the
peaceful uses of nuclear energy.”
It requires coordination with bilateral treaty and regional
nuclear free zone treaty.
Type B To be carried out by licensees in member countries in
accordance with the regulations in each country.
Performance in meeting international safety guidelines is to be
evaluated through AMMAO's peer review. Review results are
nonbinding recommendations.
Liability by each state. A highly acceptable level of
significance needs to be
indicated.
Political stability of MNA member
countries is a general requirement.
Transportation routes are to be
selected from the geopolitical
viewpoint.
Type C To be carried out by licensees in MNA in accordance with the
regulations in site countries.
Performance in meeting international safety guidelines is to be
evaluated through AMMAO's peer review. Review results are
nonbinding recommendations.
Certain level liability by
member states.
Political stability of site countries
is a general requirement.
Transportation routes are to be
selected from the geopolitical
viewpoint.
22
4. Proposal for multinational/international nuclear approach (MNA) framework
(Regional Framework)
4.1 Proposed MNA framework
1) The intended timeframe is the near-future and the applicable scope is Asia (i.e. Central Asia
including uranium producing states, North-East Asia including nuclear advanced states,
South-East Asia including nuclear emerging states).
2) The forms of cooperation (activities) are determined for each element of nuclear fuel cycle.
They are categorized as Type A (only cooperation for 3S, receiving services), Type B (MNA
without right to transfer), and Type C (MNA keeps ownership). Based on the type, the
member states are called partner states, host states, and site states, respectively.
3) As an organization that represents the MNA Framework, the MNA operating body (i.e.
Asian Multilateral nuclear fuel cycle MAnagement Organization (AMMAO)) should be
established in collaboration with IAEA.
4) The MNA Framework Convention should be signed and ratified by the member states and
come into effect. Furthermore, agreements required for smooth implementation of the
Convention should be concluded by AMMAO, member states, IAEA (and technology-holding
operators (states), if necessary). AMMAO concludes facility management and operation
agreements with host states or site states. International consortium (cooperative industrial
consortium) operates facilities in the host states and MNA facilities in the site states.
5) AMMAO should strictly control Sensitive Nuclear Technologies (SNTs) by establishing
agreements concerning SNTs management with technology-holding operators (states). Above
2) to 5) are summarized in the following figure.
23
6) As shown in the following figure, the nuclear fuel cycle elements, including uranium
enrichment and Spent Fuel (SF) reprocessing, should be covered by the proposed MNA
Framework (In the figure, the proposed types as described in above 2) are included).
7) All member states are required to commit to nuclear non-proliferation. Meanwhile, in
accordance with Article 4 of the NPT, it is guaranteed that the right of peaceful uses of
nuclear power should not be
interfered with. Furthermore,
through the Export Control
Agreement with the member
states, the member states
must comply with the
objective criteria in the 2012
NSG Guideline (INFCIRC
254 Rev11, Part 1, 6-7).
As described on the right, the
objective requirements (Sixth
paragraph (a); refer below)
concerning transferring
enriched/ reprocessed items
should be the basic
prerequisite for MNA
Export control- NSG Guideline (MNA participation requirements) (INFCIRC/254/Rev.11/Part 1)
The following objective requirements concerning transfer of enriched/re-processed items (Sixth paragraph (a)) shall be the basic requirements for participating in MNA.
• To participate in NPT and comply with NPT’s obligations;
• To have no serious violation of safeguard agreements in the IAEA reports, no additional measures have been demanded concerning compliance with safeguards obligation and establishment of trust for the peaceful use of nuclear power by the IAEA Executive Board, not being pointed out by the IAEA Secretariat that it is impossible to carry out the safeguards agreement;
•To comply with the NSG Guideline and submit reports on the implementation of export control in accordance with UNSCR1540 to the UN Security Council;
•To have concluded agreements with supply states on non-explosive use, permanent safeguards, and re-transfer guaranty.
•To make commitment to apply mutually agreed nuclear material protection measures based on the international guidelines to the supply states.
•To make commitment to the IAEA Safety Standards and to have come to effect international treaties in the nuclear safety field.
24
participation.
8) Non-proliferation regime should be maintained within the MNA Framework; i) by
concluding the Regional Safeguard Agreement with IAEA and member states, the regional
safeguard system should be established (material accounting/management safeguards), ii)
within the Framework, AMMAO and member states should conclude an agreement for
nuclear non-proliferation (e.g. to meet the tight requirements for non-proliferation, equivalent
to bilateral agreement with the USA). Outside of the Framework, AMMAO and non-member
states should conclude a comprehensive nuclear agreement. (Through these agreements, the
bindings through bilateral agreements with the non-member states should be relaxed (to be
comprehensively handled), and the services within the Framework should be provided
smoothly.) Below is the conceptual framework.
9) The agreements on nuclear safety and security should be concluded between AMMAO and
the member states. These agreements include establishment of guidelines/standards and peer
review system (depending on the level, it can be an advisory review, a peer review or a more
effective peer review (for verification)). (Through these actions, nuclear safety and security of
the facilities within the Framework (including nuclear fuel cycle facilities and nuclear power
plants) should be secured at the international level.)
10) Ownership of nuclear materials should remain with the requesting side (requesting states),
regardless of the Type. In other words, the ownership of nuclear materials should not be
transferred when services such as enrichment and reprocessing are requested.
11) Spent Fuel (SF) should be handled by both recycling (re-processing) services and direct
disposal. International storage services for a specific period of time (e.g. 100 years) should
also be available. In principle, the states that generate SF are responsible for direct disposal or
25
handling of the high level waste generated from reprocessing service in their own states.
Furthermore, in order to assist the final disposal of radioactive wastes in each state, AMMAO
should try to develop technologies to mitigate radioactive toxicity of high level waste (to a
medium level).
12) The fuel supply and SF handling services including transport within the MNA Framework
shall be economically advantageous, or at least not disadvantages, to the member states, as
compared to carrying them out alone.
13) Basically, the requesting side shall be responsible for the outward and inward
transportation of nuclear materials. Through the Transport Agreement (e.g. simplification of
procedure such as export permission, mutual support to ensure security in each territorial sea
for transport) with AMMAO, the member states should agree to collaborate for transportation
in relation to nuclear fuel cycle supply and service.
14) Nuclear compensation/liability shall be determined for each Type. In principle, the nuclear
liability shall follow the laws of the partner states, host states and site states as well as nuclear
liability international conventions that they participate in. The liability for the damages within
the MNA Framework shall be established as follows: for Types A/B, the liability shall be
covered by each state, and for Type C, nuclear liability agreement shall be concluded between
AMMAO and the member states, as need arises.
15) The member states, particularly the site states, shall establish domestic laws and
regulations based on the principle that international rules and bilateral agreements
(AMMAO/third state) shall be in precedence to the domestic laws and regulations.
16) When selecting host states for Type B and site states for Type C, geopolitical issues
should be taken into consideration. The transportation routes should also be selected based on
the geopolitical consideration.
17) AMMAO assures uranium supply to the member states by concluding an agreement
concerning additional supply assurance with international organizations.
18) To maintain the balance of uranium fuel demand-supply and the deal at market price
within the MNA Framework, the uranium fuel should also be procured from outside of the
Framework. Namely, in addition to the supply assurance as described in above 17), each state
is allowed to procure uranium fuel.
19) If member states wish to withdraw from the MNA Framework, they must follow the
withdrawal regulations. Differences among the proposed collaboration forms, Type A, B and C
a) Type A (3S collaboration, activities that do not provide services)
Maintain the current ownership of the facilities and laws and regulations
Safeguards: Regional safeguards - the basis is material accounting by state X
(commissioned operator) and MNA. The accounting should be inspected and verified by
MNA and IAEA.
Nuclear safety: The basis is the safety laws and regulations of state X. AMMAO should
carry out peer review to check the implementation status of the international guidelines
(within the agreeable range based on agreement). The results are not enforceable
(recommendation level).
26
Nuclear security: The basis is the nuclear security laws and regulations of state X.
AMMAO should carry out advisory review to check the implementation status of
international nuclear security guidelines (within the agreeable range based on agreement).
The results are not enforceable (recommendation level). (The ones that are not mentioned above are status quo.) Bilateral nuclear cooperation agreement and export/import control: If there are states that
carry out Type B or Type C activities within the MNA Framework, the following bilateral
nuclear cooperation agreement and export/import control as described in the following b)
and c) shall also be applicable to the states that only carry out Type A activities.
Type A states should participate in the Framework mainly for their nuclear power plants.
In this case, they can also receive nuclear fuel cycle services (i.e. fuel supply, handling of
SF).
b) Type B (MNA without ownership transfer)
Organizations* that are located within the territory of state X and under the management
of government X. (Operation can be commissioned to a consortium. The investors can be
state X or foreign states.) * The state’s law and regulations are applied to the organization.
Safeguards: Regional safeguards- The basis is material accounting by state X
(commissioned operator) and MNA. The accounting should be inspected and verified by
MNA and IAEA. Nuclear safety: The basis is the safety laws and regulations of state X. AMMAO should
carry out peer review to check the implementation status of international guidelines
(within the agreeable range based on agreement). The results are not enforceable
(recommendation level). Nuclear security: The basis is the nuclear security laws and regulations of state X.
AMMAO should carry out advisory review to check the implementation status of
international nuclear security guidelines (within the agreeable range based on agreement).
The results are not enforceable (recommendation level). Nuclear liability: The host states shall accept major liability. Complementary liability
(insurance) should be provided by MNA (e.g. Additional liability (insurance) in
proportion to the received service).
Bilateral nuclear cooperation agreement: The bilateral agreement between the states
should be status quo. However, by making an agreement for higher nuclear
non-proliferation requirements (e.g. requirements for bilateral agreement with the USA)
among the MNA member states (and with AMMAO), the existing bilateral agreements
shall be relaxed (to obtain exceptional status by reaching comprehensive agreement
including nuclear materials transfer and transport within the MNA Framework).
Export/import control: To be governed by international export control (e.g. NSG). The
export/import standards shall be harmonized among the member states as much as
possible. It should be agreed within the MNA Framework that the international storage of
SF shall not be treated as nuclear waste. The final waste should be basically returned to
the states that originate the waste when reprocessing.
c) Type C (MNA keeps the ownership)
Facilities that are located in the territory of state X and are owned by MNA (Operation
should be commissioned to a consortium. The investors are multiple states.) Safeguard: Regional safeguard- The basis is material accounting by MNA (commissioned
operator) and MNA. The accounting should be inspected and verified by MNA
(AMMAO) and IAEA.
27
Nuclear safety: International safety standards should be implemented. AMMAO should
check their implementation status with more effective peer review for verification. Nuclear security: International nuclear security guidelines must be followed. AMMAO
should check their implementation status with more effective peer review (equivalent or
wider range of nuclear material protection peer review for the MNA nuclear power plant
based on the Bilateral nuclear cooperation agreement with MNA). Nuclear liability: The MNA member states should participate in the international treaties
concerning nuclear liability (e.g. CSC). AMMAO should conclude the nuclear liability
agreement with the member states and establish liability for the damages within the MNA
Framework. An example is a system in which contribution from the member states or
consortium should be pooled (contribution from each power companies is pooled). The
amount of contribution shall be determined based on the services offered to the MNA
facilities.
• Bilateral nuclear cooperation agreement: MNA should be treated as one state. MNA
(AMMAO) and MNA non-member state (e.g. the USA) should conclude a bilateral
nuclear cooperation agreement and reach a comprehensive pre-consensus based on the
agreement. By making an agreement for higher nuclear non-proliferation requirements
(e.g. requirements for bilateral agreement with the USA) among the MNA member states
(and with AMMAO), the existing bilateral agreements shall be relaxed (to obtain
exceptional status by reaching comprehensive agreement including nuclear materials
transfer and transport within the MNA Framework).
• Export/import control: To accommodate the international concept of export/import
control such as NSG, MNA should be considered as one state. By agreeing strict
export/import control among the member states, transfer of nuclear material should not be
considered as international transfer. Approaches for mixture of multiple types
In reality, several Types should co-exist within the Framework when nuclear fuel cycle
services are provided and managed by multiple nations. The following are approaches to the
co-existing of Type A/B and Type A/C.
Type A/B
When a Type B state with nuclear fuel cycle service facilities (enrichment, reprocessing)
provides services to a state with only Type A facilities (such as a light water reactor), i) the
Type A state can receive nuclear fuel cycle services due to membership in the framework,
ii) a Type A state should cover the framework treaty and related agreements. The Type B
state should, iii) carry out nuclear fuel service business within the MNA framework,
including smooth transportation of nuclear materials, iv) enter framework treaty and
related agreements to cover the contents indicated in (2) above. When handling Type A
and B within a single state, it should be treated as Type B.
Types A/C In Type C state (as site state), MNA having nuclear fuel cycle service facilities (enrichment,
reprocessing) provides services to a state with only Type A facilities (such as a light water
reactor), i) the Type A state can receive nuclear fuel cycle services due to membership in
the framework, ii) a Type A state should cover the framework treaty and related agreements.
MNA in the Type C state, should, iii) carries out nuclear fuel service business within the
MNA framework, including smooth transportation of nuclear materials, iv) enter
framework treaty and related agreements to cover the contents indicated above. When
28
handling Type A and C within a single state, it should be treated as Type C.
4.2 Basic agreement (agreement concerning consortium model and framework treaty)
proposal
The Framework proposal presented in Section 4.1 is compiled as “Basic Agreement
(Consortium Model and Framework Treaty).” Following are the principles of compilation and
the draft Agreement (proposal).
1) Applicable scope
In Article 20 of the MNA Framework Agreement (Applicable scope), the scope of the
Framework is written as “Asia region, territorial lands and waters of member states.” The
Asian region includes Central Asia including uranium producing states, East Asia including
nuclear advanced states, South-East Asia including nuclear emerging states.
2) Cooperation forms
The cooperation (activities) forms (options) within the Framework are defined in Article
1 of the MNA Framework Treaty (Contents of Cooperation and Scope of Activities). They are
categorized as follows in accordance with the elements (i.e. activity and facility type) of
nuclear fuel cycle: Type A (only 3S collaboration for the MNA Framework, receiving
services), Type B (MNA without transferring right), and Type C (MNA maintains
ownership).
3) Development of an operating organization which will be the core of establishing the MNA
Framework
As an organization that represents the MNA Framework, a MNA operating body will be
established in collaboration with IAEA. This organization is written in the preamble of the
Framework Treaty (Definition) as “Asian Multilateral Nuclear Fuel Cycle Framework
Management Organization, (AMMAO)” and the organizational structure and tasks of
AMMAO (the Executive Board of AMMAO, secretariat) are written in Article 15
(Organizations and roles).” The relationships of AMMAO, member states, IAEA and SNT
owning states (owners) are shown in Figure 4.1. The figure also includes the agreements that
are needed for establishing the MNA Framework.
4) Treaty and Agreements for the MNA Framework
The MNA Framework Treaty that is needed to issue necessary agreements to establish
the Framework will be signed and ratified by the member states and come into effect (in the
postscript of the Framework Treaty). The agreements that are needed for the smooth
implementation of the Treaty shall also be selected and concluded by AMMAO, member
states, IAEA, SNTs owners (owning states) and third states outside of the MNA Framework
(nuclear equipment supply states) as necessary (in Figure 4.1 and in the Framework Treaty
Appendix I, the relevant agreements A-1 to A-11 are described). Especially for the activities
of Types B and C, AMMAO will conclude the Facility Management/Operation Agreement
(A-6) with host or site states. Furthermore, the facilities in the host states or facilities owned
by MNA will be operated by international consortium (cooperative industrial consortium)
based on contracts.
5) Rights and obligations of the member states
The member states must commit to the nuclear non-proliferation (Framework Treaty,
Article 3: Commitment to Non-proliferation). Meanwhile, in accordance with Article 4 of the
29
NPT, it will be guaranteed that the right of peaceful uses of nuclear power will not be
interfered (Framework Treaty, Preamble (Definition): Rights and obligations of the Member
States). Furthermore, by concluding the Export Control Agreement (A-2) with the member
states, AMMAO requires the member states to comply with the objective criteria in the 2011
NSG Guidelines (INFCIRC 254 Rev11, Part 1, 6-7) (Framework Treaty, Article 6:
Export/Import Control). Furthermore, for Type C, to accommodate the international concept
of export control such as NSG, AMMAO member state will be considered as one state, and
transfer of nuclear material within the Framework will not be considered as international
transfer.
6) Safeguards and export/import control (Bilateral nuclear collaboration agreement)
In response to safeguards, export control and the bilateral nuclear agreement, the
nuclear non-proliferation regime will be established within the Framework. In order to
achieve it, i) regional safeguards system (i.e. accounting/management, safeguards) will be
established based on the regional safeguards agreement by AMMAO, IAEA and the member
states, ii) agreement concerning nuclear non-proliferation (included in the Export Control
Agreement) will be concluded between AMMAO and a member state based on the Export
Control Agreement, and iii) as a representative of MNA, AMMAO will conclude a
comprehensive nuclear agreement with the third states (i.e. nuclear fuel supply states) outside
of the Framework. As a result, smooth transfer of nuclear materials and provision of nuclear
fuel cycle service within the Framework can be expected.
Table 4.1 shows the safeguard system in the MNA facilities in comparison with the
conventional safeguards by individual state. The system includes the group/organizations that
are responsible for accounting, data check, and safeguards implementation. For details, please
refer to Article 4 of the Framework Treaty (Safeguards).
Figure 4.1 Asia Multi-national Framework and structure of AMMAO
Support for establishment
ContractContract
A-11 Comprehensive Nuclear Co-op Agreement
• A-2 Export Control Agreement *1, *2, *3
• A-3 Safety/ Security/ Agreement on Liability *1, *2 , *3
• A-4 Transport Agreement *1, *2 , *3
• A-5 Agreement on Transferring Facility Ownership to MNA*2
• A-6 MNA Facility Control/Operation Agreement *2
• A-7 Nuclear Fuel Supply Agreement*1,*2,*3
• A-8 Nuclear Fuel Cycle Service Agreement*1,*2 ,*3
Contract
Contract
Type A Type CType B
A-5, A-6Agreement
Partner State*3Host State*1
Consortium
Member State
Site State*2
A-10 供給保証及び追加的保証S
Assurance
A-1 Regional SafeguardsA
greement*1, *2 , *3
A-9 Agreement on Control of SNTs
Inspections/ Peer Reviews
Regional Safeguards, Nuclear Security, Safety
International Organization IAEA SNT Holder (State)
IAEA
Multilateral Treaty on Nuclear Fuel Cycle
Supply/ Services in Asia (MNA Framework
Treaty)
Agreement on Additional
MNA
3rd State
International Consortium
Asian Multilateral Framework Management Organization (AMMAO)
30
Table 4.1 Proposal for Safeguard System in the MNA Facilities
Accounting Checking data Implementing safeguards
Conventional
safeguards by
individual state
Operator in the
state
SSAC of the state IAEA
Reg
ional safeg
uard
s
MNA/ Type
A
Operator in the
partner state
Partner state and MNA
Regional Safeguards
Department
IAEA and MNA
Regional Safeguards
Department
MNA/Type B Operator in the
host state
Host state and MNA
Regional Safeguards
Department
IAEA and MNA
Regional Safeguards
Department
MNA/Type C International
business
consortium
commissioned by
MNA
MNA Regional
Safeguards Department
IAEA and MNA
Regional Safeguards
Department
Figure 4.2 Responses to bilateral nuclear collaboration agreements (Type A+B)
31
Figure 4.3 Responses to bilateral nuclear collaboration agreements (Type A+C)
As for the responses to bilateral nuclear cooperation agreements for Types A and B, as
shown in Figure 4.2, non-proliferation demand, which is equivalent to bilateral agreements,
will be included in the Export Control Agreement. For Type C, as shown in Figure 4.3,
AMMAO will conclude a comprehensive nuclear agreement with the third states (i.e. nuclear
equipment supply states) which are outside of the Framework. Through these arrangements,
the existing bilateral restriction with the states outside of the Framework will be relaxed, and
the services will be smoothly provided within the Framework.
7) Strengthening safety and nuclear security
Agreements concerning nuclear safety and security as well as nuclear liability will be
examined based on compliance with international standards and establishment of
guidelines/standards and through peer review systems (i.e. depending on the level,
non-binding advisory review, non-binding peer review, and binding peer review) for each
Type. This will result in the application of nuclear safety and security to the facilities in the
Framework at the international level (nuclear fuel cycle facilities as well as power plants).
Concerning nuclear safety (Article 7 of the Framework Treaty)
For Types A and B
• Application of laws and regulations concerning nuclear safety of each state
• Implementation of international guidelines (e.g. participation in the four Nuclear
Safety Treaties and IAEA Guidelines) as well as implementation of peer review
to check the implementation status (within the possible range based on
agreement) and provision of recommendations by the MNA Safety Department
of the Monitoring Center.
For Type C
• Application of and compliance with the international safety standards
• Peer review to check the implementation status of safety standards by the MNA
Safety Department of the Monitoring Center.
32
Concerning nuclear security (Article 5 of Framework Treaty)
For Type A and Type B
• Application of laws and regulations concerning nuclear security by each state
• Implementation of international nuclear security guidelines as well as
implementation of advisory review (within the possible range based on
agreement) and provision of recommendations by the MNA Nuclear Security
Department of the Monitoring Center.
For Type C
• Peer review to check the implementation of nuclear security guidelines by the
MNA Nuclear Security Department of the Monitoring Center.
8) Management of SNTs
There are many types of activities within the MNA Framework. Among them,
management and prevention of proliferation of SNTs and sensitive nuclear information of
Type C facilities (MNA owned facilities) are particularly important. AMMAO will strictly
control SNTs by concluding an agreement concerning SNTs management with technology
holders (states). Specifically, it is defined in Article 9 of the MNA Framework Treaty (Access
to SNTs, Security of SNTs and Information) as follows:
For Type C,
• SNTs shall only be accessible by the technology holders (states) to prevent their
proliferation. This will also be applicable when enrichment/reprocessing facilities
are newly installed by the states other than the above state.
• Security procedure and classification of SNTs are described in Annex III.
9) Ownership of nuclear materials
European Atomic Energy Community (Euratom) has the ownership of nuclear materials.
However, in case of AMMAO, there are many issues with ownership such as final disposal.
Therefore, it was decided that the ownership of nuclear material shall belong to the service
requesting side (requesting states) regardless of the Type. In other words, there will be no
transfer of nuclear material ownership when a state requests enrichment or reprocessing
service. In the Preamble of the MNA Framework Treaty, it is defined as follows:
• Ownership of nuclear materials: For all activities of Type A, B and C facilities,
the ownership of nuclear materials will belong to the service requesting side
(requesting state). In other words, there will be no transfer of ownership of
nuclear materials when a state requests enrichment or reprocessing service.
10) Countermeasures for Spent Fuel (SF)
SF will be handled by both recycling (reprocessing) services and direct disposal.
International storage service for a specific period of time (e.g. 100 years) will also be
available. In principle, the states that generate SF are responsible for direct disposal or
handling high level waste generated from recycling service in their own states. Furthermore,
in order to assist the final disposal of radioactive wastes in each state, AMMAO will try to
develop technologies to mitigate radioactive toxicity of high level waste (to medium level). In
Article 8 of the MNA Framework Treaty (Assurance of Fuel Cycle Services) Clause 3 and 4,
it is described as follows:
Article 8(3): SF will be handled by both recycling (reprocessing) services and direct
disposal. International storage service for a specific period of time (e.g., 100 years) will also
33
be available. In principle, the states that generate SF are responsible for direct disposal or
handling high level waste generated from reprocessing service in their own states.
Furthermore, in order to assist the final disposal of radioactive wastes in each state, it will be
agreed to discuss within the MNA Framework the possibility of international disposal site
and mitigation of radioactive toxicity of high level waste (to medium level).
Article 8(4): The SF international storage period within the Framework will be a
specific period (e.g. 100 years) agreed by the member states. Based on the collaboration
from the member states, AMMAO will try to develop reprocessing technologies to mitigate
radioactive toxicity of high level waste (to medium level), construct facilities for the
technologies and establish systems to provide the service within the period in order to assist
the final disposal of radioactive wastes in each state. The method and degree of cooperation
will be discussed at AMMAO. (If concrete system is not established within the specified
timeframe, the SF or high level waste will be basically returned to the state that generates
them.)
11) Consideration for economic performance
The fuel supply and SF handling services including transport within the MNA
Framework shall be economically advantageous, or at least not disadvantages, to the member
states, as compared to carrying it out alone. In the Preamble of the Framework Treaty
(Purpose), it is written as “to establish the Nuclear Fuel Cycle Service Multinational
Collaborative Framework (MNA Framework) that takes into account economic performance.”
The economic performance including transport was also examined in details.
12) Transport of nuclear materials
Basically, the requesting side shall be responsible for the onward and inward transport
of nuclear materials according to the international rules. Through the Transport Agreement
(application of international standards, simplification of procedure such as export permission,
mutual support to ensure security in each territorial sea for transportation) with AMMAO, the
member states which are included in or involved with the transport routes will agree to
collaborate for transport in relation to nuclear fuel cycle supply and service.
In Article 14 of the MNA Framework Treaty (Transport), it is defined as follows:
(1) The member states must follow the international standards concerning transport.
(2) The member states must collaborate for transport of nuclear fuel and SF based on the
MNA Framework.
13) Nuclear liability
Nuclear liability shall be determined for each Type. In principle, each state shall follow
its own nuclear laws as well as nuclear liability international conventions that it participates in.
Especially for Type C, nuclear liability systems (i.e. complementary liability insurance, funds
pooling through investments by operators) shall be developed to establish liability for any
damages within the MNA Framework, as need arises. In Article 12 of the MNA Framework
(Liability), it is defined as follows:
(1) Type A: The damage must be compensated by the states concerned. It is desirable that the
member states which own facilities join an appropriate international agreement
concerning liability.
(2) Type B: The major damage must be compensated by the host states. Complementary
liability (insurance) (e.g. additional damage liability (insurance) in proportion to the
service received) will be provided by AMMAO.
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(3) Type C: The site states shall join an international agreement concerning nuclear liability
(e.g. CSC). A system will be established in which member states or commissioned
consortium will contribute to the pooled funds regarding the liability amount before the
said treaty is executed. The amount of funds shall be provided in proportion to the amount
of investment to AMMAO facilities.
The complementary liability by AMMAO is described in Annex IV. For details, AMMAO
will conclude the Safety, Nuclear Security and Liability Agreement (A-3) with the
member states.
14) Corporate status/Legal regulations
In order for AMMAO to obtain international and domestic corporate status, Article 2 of
the MNA Framework Treaty (Corporate status/Legal regulations) was newly established.
Following are the contents:
(1) The MNA Framework has corporate status under international law (including capacity
to conclude treaty or agreement with states or international organizations and conclude
contract with international corporations).
(2) The MNA Framework has corporate status and has legal capacity for the following
items within the region of the member states.
(a) To conclude contracts
(b) To obtain, own and dispose of properties.
(c) To obtain permission
(d) To file an action.
As for the domestic corporate status, AMMAO or its local entity needs to acquire the
corporate status in accordance with the legal framework of each member state. For example,
Japanese government stipulates corporate statutory principle as determined by Article 33 of
the Civil Code, which must be followed. The requirements to establish a corporation are
different based on the types of corporations. The key is the degree to which the government
supervises the corporations. Usually, for international organization such as AMMAO or its
local entity, permission principle (establishment is at discretion of competent government) or
approval principle (establishment is based on the approval by competent government after
legal requirements are met) is applicable.
For the legal regulations, the following regulation was added to Article 2 of the MNA
Framework Treaty, (Corporate status/Legal regulations), Clause 3.
(3) In principle, international laws, international rules and agreements such as bilateral
agreements (AMMAO and third states) (Annex I) take precedence to domestic law.
Based on this principle, the member states, especially the site states, will establish
domestic law.
15) Selection of host states and site states
When selecting host states for Type B and site states for Type C, geopolitical issues
should be taken into consideration. The transport routes should also be selected not only
based on economic but also geopolitical consideration. It is described in Article 10 of the
MNA Framework Treaty (Selection of host states/site states), Clause 2 and 3, as follows:
Article 10 (2): Type B: In principle, the member states are allowed to own facilities to
handle uranium enrichment and SF (SF storage, SF direct disposal) as host states. To be
selected as a host state, the political and geopolitical status of the state must be stable
(including non-conflict status).
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Article 10 (3): Type C: In principle, the member states are allowed to build facilities to
handle uranium enrichment and SF (SF storage, reprocessing, MOX fuel production, fast
reactor, MOX storage) as site states of multi-nationally managed facilities. To be selected as
a site state, the political and geopolitical status of the state must be stable (including
non-conflict status). Furthermore, special management, namely, the Agreement to transfer
ownership of MNA facilities including legal framework that limits state’s jurisdiction
concerning AMMAO facility site (A-5), will be concluded between AMMAO and the site
state.
16) Assurance and additional assurance of fuel cycle service
The host states (or consortium) and AMMAO (or the site state’s consortium) will assure
enriched uranium supply and SF handling service based on a contract. In order to maintain the
supply/demand balance of uranium fuel among the states, if a good balance is not maintained,
the uranium fuel will be supplied from outside of the Framework. In Article 8 of the MNA
Framework Treaty (Assurance of Nuclear Fuel Cycle Services), Clause 1 and 2, it is described
as follows:
Article 8(1): Type B: The host state shall guarantee enriched uranium supply and SF
handling service (i.e. SF fuel storage, SF direct disposal) to the partner state based on a
contract. This is not the case if obtaining the enriched uranium fuel from outside of the
Framework is more advantageous in terms of supply balance and price within the
Framework. For details, AMMAO will conclude the Nuclear Fuel Supply Agreement (A-7)
or Nuclear Fuel Cycle Service Agreement (A-8) with the host and partner states.
Article 8(2): Type C: AMMAO shall guarantee the enriched uranium supply and SF
handling services (i.e. SF storage, reprocessing, MOX fuel production, fast reactor, MOX
storage) to the partner states based on a contract. This is not the case if obtaining the
enriched uranium fuel from outside of the Framework is more advantages in terms of
supply balance and price within the Framework. The site states shall follow the necessary
procedure and collaborate for the enriched uranium supply and SF handling (i.e. SF storage,
reprocessing, MOX fuel production, fasts reactor, MOX storage) services which will be
provided from the AMMAO facilities to the partner states based on a contract. For details,
AMMAO will conclude the Nuclear Fuel Supply Agreement (A-7) or Nuclear Fuel Cycle
Service Agreement (A-8) with the partner states.
Furthermore, by concluding the Additional Assurance Agreement (A-10) with
international organizations, AMMAO will assure uranium fuel supply to the member states. In
Article 8 of the MNA Framework Treaty, Clause 6, it is described as follows:
Article 8(6): If possible, AMMAO will provide additional assurance concerning uranium
fuel supply to the member states by concluding the Additional Assurance Agreement (A-10)
with international organizations.
17) Conditions for withdrawal
If a member state wishes to withdraw from the MNA Framework, they must follow the
withdrawal conditions. They are regulated in Article 23 of the MNA Framework Treaty as
follows:
If a member state is going to withdraw from the MNA Framework, it must meet the
following conditions:
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(1) After withdrawal, the state must return to the safeguards (i.e. IAEA Safeguards) before
it participated in the Framework.
(2) The use and operation of the facilities (related to SNTs) which are newly built based
on participation in the Framework must be terminated. Confirmation and validation of
termination will be entrusted to the IAEA.
(3) Among the nuclear material that are produced by the new facilities built based on
participation in the Framework, enriched uranium must be returned to the enrichment
service requesting state through AMMAO. Plutonium (MOX) must be transferred to
and stored at the MNA (international MOX storage facility) as international stockpile
of the region, even if it is possessed by the withdrawing state. This will contribute to
the region as future energy source (the withdrawing state will receive corresponding
service cost).
(4) It will be prohibited to transfer or sell any nuclear material that are produced by the
new facilities built after participating in the Framework to any states out of the
Framework.
Table 4.2 Treaty on Asian Multilateral Framework of Nuclear Fuel Cycle Supply and Service
(MNA Framework Treaty)
Name of treaty Treaty on Asian Multilateral Framework of Nuclear Fuel Cycle Supply and Service, MNA Framework Treaty
Preamble Background Purposes Contents of cooperation Requirements for participation Definition (Label A, B, C)
Aiming at strengthening non-proliferation and improving economic efficiency, while paying attention to the changes of global uranium supply systems, nuclear power development trend in the emerging countries in Asia and impact of the accidents in Fukushima, Japan. The purposes are to establish multinational framework of nuclear fuel cycle supply and service (MNA Framework) that takes into account equality, transparency and economic efficiency and to improve nuclear non-proliferation, nuclear security and safety maintenance in order to contribute to promoting efficient nuclear power use and political stability in Asia. Multinational cooperation shall be implemented by Type A, B or C or combination of several Types, as described in Article 1. The Agreements that are required for collaboration are presented in Annex I. The participating states must implement or plan nuclear power generation and nuclear fuel cycle and fulfill requirements stated in Article 3 (Commitment to nonproliferation), Article 4 (Safeguards), Article 5 (Nuclear security), Article 6 (Export/import control), Article 7 (Safety), Article 12 (Liability), and Article 13 (Bilateral nuclear cooperation agreement) as well as Article 23, conditions that are required at the time of withdrawal. (1) Participating state: All the states that meet the requirements in Article 3 to 7, Article 12, 13 and 23 and
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Rights and obligations of the participating states (Label A, B)
signed and ratified the Agreement. They can also be called as concluding states. (2) Operating body of the MNA Framework: Asian Multilateral Nuclear Fuel Cycle Framework Management Organization (AMMAO). The organizational structure and tasks of AMMAO are described in Article 15. (3) Monitoring centers: Departments for regional safeguards, nuclear security and safety will be established within AMMAO. They will carry out probate (inspection), verification, peer review, advisory peer review, etc. The organization and tasks are described in Annex II. (4) Host states: The member states that own SF storage and SNTs such as existing or new facilities for uranium enrichment and provide services including enriched uranium supply and SF handling (SF storage) to the partner states through AMMAO. (5) Site states: The member states that have transferred the ownership of existing or new facilities for uranium enrichment, SF storage, reprocessing, MOX fuel production, and MOX storage to AMMAO. (6) Partner states: The member states that own nuclear reactors (light reactor and MOX light reactor) (or plan to own a nuclear reactor in the future) and receive services including enriched uranium supply or SF handling (SF storage) from the facilities in the host states or receive (or plan to receive) services including enriched uranium supply or SF handling (i.e. storage, reprocessing, MOX fuel production, fast reactor, MOX storage) from the facilities owned by AMMAO in the site states. (7) Regional safeguards: The regional safeguards include material accounting, comprehensive safeguards and verification by additional protocols by operators and the Regional Safeguards Department of the Monitoring Center of the MNA Framework. (8) Consortium: Group of corporations that carry out businesses under the environment of Type A, B and C (For Type C, it is expected to be the international cooperative industrial consortium). Rights: For Type A, which is stated in Article 1, the member states in principle have the rights to own uranium enrichment facilities and SF reprocessing facilities to be used within the states (For the ownership rights, please refer to Article 1). For Type B and C, which are stated in Article 1, the partner states are allowed to receive enriched uranium supply (i.e. refining, conversion, enrichment, re-conversion, fuel production) and SF processing services (i.e. storage, direct disposal, reprocessing, MOX fuel product, fast reactor, MOX storage). Obligation: The member states must meet the requirements that are stated in Article 3 (Commitment to nonproliferation), Article 4 (Safeguards), Article 5 (Nuclear security), (Export/import control), Article 7
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(Safety), Article 12 (Liability), and Article 13 (Bilateral nuclear collaboration agreement) as well as Article 23, conditions that are required at the time of withdrawal.
Article 1 Contents of cooperation and scope of activities (Label B, C)
(1) Type A: The states will collaborate under the Framework without providing fuel cycle service (i.e. uranium fuel supply, SF handling (SF storage, reprocessing)). The states must implement Safeguards (Article 4), Nuclear security (Article 5), strengthen Export/import control (Article 6) and Safety (Article 7), and comply with Bilateral nuclear cooperation agreement (Article 13). (2) Type B: The states will collaborate under the Framework where ownership of existing or new facilities will not be transferred to MNA Management Organization. The host states will supply uranium fuel through existing or new facilities (i.e. refining, conversion, uranium enrichment (in some cases, Type C), re-conversion, and fuel production) and provide SF handling services (SF storage (in some cases, Type C)/SF direct disposal (if each state carries it out for its own, Type A)). The states will implement Nuclear Fuel Supply Agreement (A-2), Nuclear Fuel Service Agreement (A-6), Safeguards (Article 4) and Nuclear security (Article 5), strengthen Export/import control (Article 6) and Safety (Article 7), and comply with Liability (Article 12) and the Bilateral Nuclear Cooperation Agreement (Article 13). (3) Type C: The states will transfer ownership of existing or new facilities to MNA Management Organization (Agreement to Transfer Ownership of Facilities to MNA (A-5)). The states will supply uranium fuel supply (i.e. refining, conversion, uranium enrichment, re-conversion, fuel production) and provide services to handle SF (i.e. SF storage, reprocessing, MOX fuel production, fast rector, MOX storage) (Nuclear Fuel Supply Agreement (A-2), Nuclear Fuel Service Agreement (A-6)). The states will implement Safeguards (Article 4) and Nuclear security (Article 5), strengthen Export/import Control (Article 6) and Safety (Article 7), and comply with Liability (Article 12) and Bilateral nuclear cooperation agreement (Article 13). (4) Regional safeguards, nuclear security and the Monitoring center which has safety department, that are required in order to implement the above collaboration (1), (2), and (3), will be established and their management will be facilitated. The cooperative industrial consortium will be established and its operation will be facilitated. In order to achieve these, AMMAO will conclude the Facility Management/Operation Agreement (A-6) with the host states and site states.
Article 2 Corporate status/ legal regulations
(1) The MNA Framework shall have corporate status under international law (including capacity to conclude treaty or agreement with states or international organizations and conclude contract with international
39
corporations). (2) The MNA Framework shall have corporate status and
has legal capacity for the following items within the region of the member states. (a) To conclude contracts (b) To obtain, own and dispose of properties. (c) To obtain permission (d) To file an action.
(3) In principle, the international laws, international rules and bilateral agreements (including Annex I) take precedence to domestic laws. Based on this principle, the member status will establish domestic laws.
Article 3 Commitment to nonproliferation (Label A)
(1) Member states are prohibited to collaborate with the states without nuclear weapons to produce nuclear weapons or other nuclear explosive device. .
(2) Cooperative industrial consortium is prohibited to produce weapons grade uranium.
Article 4 Safeguards (Label A)
Appropriate safeguard procedure will be carried out by the MNA Regional Safeguards Department of the Monitoring Center, based on the Regional Safeguards Agreement (A-1). Type A: (1) Material accounting by the operator in each state (2) Checking of the material accounting data by each state
and the MNA Regional Safeguards Department of the Monitoring Center
(3) Validation by IAEA and the MNA Regional Safeguards Department of the Monitoring Center (Comprehensive Safeguards and Additional Agreements).
Type B: (4) Material accounting by the entrusted operator in each
state (5) Checking of the material accounting data by each state
and the MNA Regional Safeguards Department of the Monitoring Center
(6) Validation by IAEA and the MNA Regional Safeguards Department of the Monitoring Center (Comprehensive Safeguards and Additional Agreements).
Type C: (7) Material accounting by the operator entrusted by
AMMAO (8) Checking of the material accounting data by the MNA
Regional Safeguards Department of the Monitoring Center
(9) Validation by IAEA and the MNA Regional Safeguards Department of the Monitoring Center (Comprehensive Safeguards and Additional Agreements).
Common procedure for Type A, B and C: (10) International procedure for exporting (Article 5) For details, AMMAO will conclude the Regional
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Safeguards Agreement (A-1) with the member states and IAEA.
Article 5 Nuclear security (Label A)
Type A and Type B: (1) Application of laws and regulations concerning nuclear
security by each state. (2) International nuclear security guidelines will be
implemented. The MNA Nuclear Security Department of the Monitoring Center will carry out advisory review (within the agreeable range based on agreement) and provide recommendations.
Type C: (3) International nuclear security guidelines will be
implemented. The MNA Nuclear Security Department of the Monitoring Center will carry out peer review (verification).
For details, AMMAO will conclude the Safety/Nuclear Security/Liability Agreement (A-3) with the member states.
Article 6 Export/import Control (Label A)
(1) To be NSG member (compliance with the NSG regulations)
(2) To comply with the objective criteria in the NSG Guidelines (INFCIRC 254/Part1 Rev.11 6, 7, June 2011)
Furthermore, for Type C, (3) AMMAO member states will be treated as one state in
terms of international export control of NSG etc. Thus, transfer of nuclear materials within the Framework will not be considered as international transfer.
For details, AMMAO will conclude Export Control Agreement (A-2) with the member states.
Article 7 Safety (Label H)
Type A and Type B: (1) Safety laws and regulations of each state will be
applicable. (2) AMMAO will carry out peer review to check the
implementation status of international guidelines (i.e. participation in four Nuclear Power Safety Conventions and IAEA Guidelines) (within the agreeable range based on agreement) and provide recommendations by the Safety Department of the Monitoring Center.
Type C: (3) International safety standards will be applicable and
respected. (4) Safety Department of the Monitoring Center will carry
out peer review (verification) to check the implementation status of safety standards.
For details, AMMAO will conclude Safety/Nuclear Security/Liability Agreement (A-3) with the member states.
Article 8 Assurance of Nuclear Fuel Cycle Services
(1) For type B, The host state shall guarantee enriched uranium supply and SP handling service (SF fuel storage, SF direct disposal) to the partner state based
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(Label B) on a contract. This is not the case if obtaining the enriched uranium fuel from outside of the Framework is more advantageous in terms of supply balance and price within the Framework. For details, AMMAO will conclude the Nuclear Fuel Supply Agreement (A-7) or Nuclear Fuel Cycle Service Agreement (A-8) with the host and partner states.
(2) For type C, AMMAO shall guarantee the enriched uranium supply and SF handling services (i.e. SF storage, reprocessing, MOX fuel production, fast reactor, MOX storage) to the partner states based on a contract. This is not the case if obtaining the enriched uranium fuel from outside of the Framework is more advantageous in terms of supply balance and price within the Framework. The site states shall follow the necessary procedure and collaborate for the enriched uranium supply and SF handling (i.e. SF storage, reprocessing, MOX fuel production, fast reactor, MOX storage) services which will be provided from AMMAO facilities to the partner states based on a contract. For details, AMMAO will conclude the Nuclear Fuel Supply Agreement (A-7) or Nuclear Fuel Cycle Service Agreement (A-8) with the partner states.
(3) Spent Fuel (SF) will be handled by both recycling (re-processing) services and direct disposal. International storage service for a specific period of time (e.g. 100 years) will also be available. In principle, the states that generate SF are responsible for direct disposal or handling high level waste generated from reprocessing service in their own states. Furthermore, within the MNA Framework, it will be agreed to discuss the possibility of international disposal site in AMMAO and mitigation of radioactive toxicity of high level waste (to medium level).
(4) International storage service within the Framework will be provided for a specific period of time (e.g. 100 years) that is agreed among the member states. In order to assist the final disposal of radioactive wastes in each state, AMMAO will try to develop reprocessing technologies to mitigate radioactive toxicity of high level waste (to medium level), construct facilities and establish service systems. The collaboration method and degree of collaboration will be discussed at AMMAO. (If concrete system is not established by the specified period, the SF will be basically returned to the state that generates them.)
(5) As for the use of MOX which is stored as the future energy resources, the generating states keep the ownership in principle. However, the use will be discussed and decided within the AMMAO Framework. The following options will be examined: a) to return the MOX as light reactor MOX to the generating state (owning state) within the Framework
42
if the state wishes (application of high level safeguards and nuclear security), b) to return the MOX as fast reactor MOX to the generating state (owning state) within the Framework if the state wishes (application of high level safeguards and nuclear security), and c) to sell the MOX to the states with nuclear weapons (including outside of the Framework).
(6) If possible, AMMAO will provide assurance and additional assurance concerning uranium fuel supply to the member states by concluding the Additional Assurance Agreement (A-10) with international organizations.
Article 9 Access to SNTs, security of SNTs and information (Label D)
Type C: SNTs shall only be accessible by the technology holders (states) to prevent the proliferation of SNTs. This will also be applicable when enrichment /reprocessing facilities are introduced from the states outside of the Framework. Security procedure and classification of SNTs are described in Annex III. For details, AMMAO will conclude the SNTs Management Agreement (A-9) with the technology holders (states).
Article 10
Selection of host states and site states (Label C)
(1) Type A: In principle, all member states are allowed to own uranium enrichment facilities and SF handling (SF storage and reprocessing) facilities for their own use.
(2) Type B: In principle, the member states are allowed to own uranium enrichment facilities and SF handling facilities (SF storage, SF direct disposal) as host states. To be selected as a host state, the political and geopolitical status of the state must be stable (including non-conflict status).
(3) Type C: In principle, the member states are allowed to build facilities to handle uranium enrichment and SF (i.e. SF storage, SF reprocessing, MOX fuel production, fast reactor, MOX storage) as site states of multi-nationally managed facilities. To be selected as a site state, the political and geopolitical status of the state must be stable (including non-conflict status). Furthermore, special management, namely, the Agreement to Transfer Ownership of MNA Facilities (A-5), including legal framework that limits state’s jurisdiction concerning AMMAO facility site, will be concluded between AMMAO and a site state.
(4) The member states, especially the host states and site states need to collaboratively make efforts to obtain agreement from the public.
Article 11
Degree of involvement with MNA (Label E)
(1) Type A: The facilities’ ownership, management, operation, research, development, design, construction, etc. shall belong to the technology holders (states).
(2) Type B: The facilities’ ownership, management and operation shall belong to the technology holders (states). Reprocessing, MOX storage facilities’ management and operation, as well as future SF handling technology research, development, design and
43
construction shall belong to AMMAO. (3) Type C: The facilities’ ownership shall belong to
AMMAO. The management shall belong to technology holders or cooperative industrial consortium which is entrusted by AMMAO. The operation will belong to technology holders or cooperative industrial consortium which is entrusted by AMMAO. The research, development, design and construction (mainly SF handling technology) shall belong to AMMAO.
Article 12
Liability (Label I)
(1) Type A: The damage must be compensated by the states concerned. It is desirable that the member states which own facilities join an appropriate international agreement concerning liability.
(2) Type B: The major damage must be compensated by the states concerned. Complementary liability (insurance) (e.g. additional damage liability (insurance) in proportion to the service received) will be provided by AMMAO.
(3) Type C: The site states shall join an international agreement concerning nuclear liability (e.g. CSC). A system will be established in which member states or commissioned consortium will contribute to the pooled funds concerning the liability amount before the said treaty is executed. The amount of funds shall be determined in proportion to the amount of investment to AMMAO facilities.
The complementary liability by AMMAO is described in Annex IV. For details, AMMAO will conclude the Safety, Nuclear Security and Liability Agreement (A-3) with the member states.
Article 13
Bilateral nuclear cooperation agreement (Label A)
(1) The current bilateral nuclear cooperation agreements between the member states are applicable to all activities.
(2) Type B: AMMAO and the host states will assure strict safegaurds requirements that are required in the bilateral nuclear cooperation agreements with nuclear materials and equipment supply states (included in Export/import Control Agreement). Through this, the previous bilateral restriction will be relaxed (the states will receive exceptional comprehensive agreement for the activities such as nuclear materials transfer and transportation within the Framework).
(3) Type C: The MNA Framework will be handled as one state. AMMAO will conclude the Bilateral Nuclear Cooperation Agreement (A-11) with the nuclear materials and equipment supply states that are outside of the MNA Framework and obtain comprehensive pre-agreement based on the Agreement. Furthermore, AMMAO and the member states will assure strict safeguards requirements that are required in the bilateral nuclear cooperation agreements (included in Export Control Agreement).
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Article 14
Transport (Label G)
(1) The member states must satisfy the international standards concerning transport.
(2) The member states must collaborate in transport of nuclear fuel and SF based on the MNA Framework.
To achieve this, AMMAO will conclude the Transport Agreement (A-10) with the member states.
Article 15
Organizations and tasks
AMMAO Executive Board, Secretariat (1) Establishment (2) Configuration of organizations, items to decide, decision-making methods (3) Methods of selecting the chairman and the Secretary-General (4) Decision of regulations of the Executive Board and Secretariat procedures (5) Duties, etc. of the Executive Board and Secretariat (6) Issuance of directives based on the decisions
Article 16
Prohibited cooperation items
Prohibition on cooperation items other than those stipulated in Agreements (1) (a) Except for the cooperation described in Article 1 of
this Agreement, the member states must not execute any participation, fostering, and support in any way. (b) Duties of cooperative industrial consortiums
(2) (a) Prohibition on participation in, fostering, and support any new development program with regard to uranium enrichment and SF reprocessing technologies out of the MNA framework. (b) Prohibition on use of deliverables by the concerned states which concluded the Agreement.
Without consent of AMNAO, the member states must not transfer nuclear material and export enrichment, reprocessing, and other facilities to any state out of the Framework.
Article 17
Patent/industrial property rights
How to handle patent and industrial property rights are described in Annex V.
Article 18
Resolution of dispute
(1) Problems shall be solved by the Executive Board. (2) If the conflict is not solved, the concerned states shall
solve the issues. (3) Arbitration by the Arbitration Committee (4) Composition of the Arbitration Committee and
assignment of members (5) Decision making process at the Arbitration Committee (6) No rights to appeal
Article 19
Signatory to Agreements with other states, other organizations
The member states may, on a joint basis, conclude contracts for cooperation with Asian or other states or international organizations provided that these contracts are not concerned in transfer of the SNTs and nuclear material.
Article 20
Applicable scope Asia region, territorial lands and waters of member states. The Asian region includes Central Asia including uranium producing states, East Asia including nuclear advanced states, South-East Asia including nuclear emerging states.
Article 21
Ratification and deposit
This Treaty shall be ratified. The document of ratification must be deposited to the Government of XXX. The Treaty
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must come into effect on the date when the ○○th document of ratification is deposited to XXX. The Government of XXX shall give notice of deposit of each document of ratification and the date of enforcement of this Treaty to the other signatory states.
Article 22
Revision of the Treaty
Any member state or Executive Board can propose revision of the Treaty at any time.
Article 23
Withdrawal When a member state of the MNA Framework wishes to withdraw from the Framework, it must meet the following condition. (1) After withdrawal, the state must return to the
safeguards (i.e. IAEA Safeguards) before it participated in the Framework.
(2) The use and operation of the facilities (related to SNT) which are newly based on participation in the Framework must be terminated. Confirmation and validation of termination will be entrusted to the IAEA.
(3) Among the nuclear material that are produced by the new facilities built based on participation in the Framework, enriched uranium must be returned to the enrichment service requesting state through AMMAO. Plutonium (MOX) must be transferred to and stored at the MNA (international MOX storage facility) as international stockpile of the region, even if it is possessed by the withdrawing state. This will contribute to the region as future energy source (the withdrawing state will receive corresponding service cost).
(4) It will be prohibited to transfer or sell any nuclear material that are produced by the new facilities built after participating in the Framework to any states out of the Framework.
Article 24
Cancellation of membership and trial
In any of the following cases, based on the decision by the Executive Board, membership may be invalidated. Furthermore, if necessary, the state involved or AMMAO can file a case at the International Court of Justice. (1) Having acted against the member state requirements. (2) Having acted against the member state obligations. (3) Having carried out any activity other than cooperation
that the member states can give. Article 25
Termination of the Treaty
This Treaty can be cancelled by unanimous consent of the member states at any time. In this case, as a result, in order to coordinate the rights and obligations, the protocol must be concluded among the member states. In the protocol, provisions with regards to settlement of assets and debt resulting from their cooperation shall be included.
Article 26
Necessary measures, etc.
Necessary measures, etc. In case of Articles 3, 4, 9, 23, 24 and 25: In case of withdrawal of any member state from this Treaty pursuant to Article 23, cancellation of member state right from this Treaty based on Article 24, or cancellation of this Treaty pursuant to Article 25, then with regards to Articles 3 and 4 that are related to assurance and
46
safeguards as well as Article 9 that is related to measures to protect confidential information, documents and devices, appropriate provisions must be established to continue these provisions, to assure the right of claim for return, to prohibit transfer to the third states, etc. Until the said provisions are established, Articles 3, 4 and 9 and any amendment made or any procedure applied thereto at the time of attainment thereof, must be effectively sustained.
Postscript
In witness of the above, the signers with legitimate authority conclude this Treaty. The X of Treaty were made in ××, ○○, ## and ** languages, on MM DD, YYYY, at YYY. Each document is equally original. On behalf of A: On behalf of B: On behalf of C: On behalf of D:
Annexes I : Related Agreements (A-1 to A-11) II: Organizational structure and tasks of the MNA Monitoring Center III: Security procedures and classification of confidential matters IV: Liability V: Patents and industrial property rights
Name of Agreement Signer Major contents Notes Export Control Agreement (A-2)
Member states (partner states, host states, site states), AMMAO
<Purpose, Definition> Incorporation of nuclear non-proliferation requirements that are equivalent of international rules, NSG Guidelines (2012), and US Atomic Energy Act and their compliance and prior agreement
For Type A and B, the Agreement includes, for example, nuclear non-proliferation requirements
* for the
Bilateral nuclear cooperation agreement in Section 123 of the US Atomic Energy Act. For Type C, on behalf of the member states (they are treated as one state), AMMAO will conclude a comprehensive nuclear cooperation agreement with third states. This way, the nuclear transfer within the Framework will not
Table 4.3 Summary of other Agreements (A-2 to A-10)
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be considered as international transfer.
Safety/Nuclear security/Liability Agreement (A-3)
Member states (partner states, host states, site states), AMMAO
<Purpose, Definition> Safety, nuclear security: To comply with international standards and guidelines, development of and compliance with common standards, verification of compliance status, implementation of peer review, etc. Liability: To comply with the law of each state and international treaties concerning liability that the state participates in. Nuclear liability systems (liability insurance, funds pooling) will be established within the MNA
Safety, nuclear security: The regulations will be separated for Type A, B and Type C Liability: The regulations will be determined for each Type.
Transport Agreement (A-4)
Member states (States that are involved with transport routes), AMMAO
<Purpose, Definition> Compliance with international standards and guidelines concerning transportation, cooperation for transportation (simplify transportation approval procedure, mutual support for transportation security in the territorial waters of each state), responsibility for transportation
Responsibility lies with the side that asks for transportation
Agreement to Transfer Ownership of Facilities to MNA (A-5)
Member states (site states), AMMAO
<Purpose, Definition> Conditions to invest in the management and operation entity of facilities, arrangements for tax codes, requirements for approving transfer of ownership and construction of a facility, requirements concerning safety and
Type C Including building a new facility in a site state
48
nuclear security MNA Facilities Management/Operation Agreement (A-6)
Member states (site states), AMMAO
<Purpose, Definition> Role of cooperative industrial consortium, facilitation of its establishment and operation, requirements for approval, requirements for safeguards, requirements for safety and nuclear security
Type C
Nuclear Fuel Supply Agreement (A-7)
Member states (host states, site states), AMMAO
<Purpose, Definition> Enriched uranium supply assurance based on a contract
Type B, C Possible to obtain from outside of the Framework
Nuclear Fuel Cycle Service Supply Agreement (A-8)
Member states (host states, site states), AMMAO
<Purpose, Definition> Assurance of SF handling services based on a contact (SF storage/SF direct disposal)
Type B, C
Agreements concerning Management of SNTs (A-9)
SNTs possessing states (holders), AMMAO
<Purpose, Definition> Protection of the target materials/facilities and SNTs/sensitive nuclear information
To prevent SNTs proliferation by limiting the access to only technology holders (states)
Agreement concerning Additional Assurance (A-10)
International organizations, AMMAO
<Purpose, Definition> Cooperation concerning uranium fuel supply assurance
International organizations such as IAEA
*Non-proliferation requirements: To comply with the NSG Guideline
(INFCIRC/254/Rev.11/Part 1), Paragraph 6a; to make internal export control rules strict.
Examples of the export control rules are as follows (summary of the requirements in Section
123 of the US Atomic Energy Act):
1. A guaranty that safeguards will be maintained permanently with respect to all nuclear
materials and equipment as set forth in the agreement for cooperation;
2. NSG Guideline requirements;
3. A guaranty that no nuclear materials and device or SNTs will be used for any nuclear
explosive device, or for research on or development of any nuclear explosive device,
or for any other military purpose;
4. The United States shall have the right to require the return of any nuclear material and
device that are the target of cooperation if the non-nuclear-weapon state carries out a
nuclear test or terminates or abrogates the IAEA safeguards agreement;
5. A guaranty that any nuclear material and confidential documents that are the target of
cooperation will not be transferred to unauthorized persons or third states without the
consent of the United States;
6. A guaranty that adequate physical security will be maintained with respect to any
nuclear material that is the target of cooperation;
7. A guaranty that no nuclear material that is the target of cooperation will be reprocessed,
enriched, or altered in form or content without prior approval of the United States;
49
8. A guaranty that no plutonium, no uranium 233, and no enriched uranium that are the
target of the cooperation will be stored in any facility that has not been approved in
advance by the United States; and
9. A guaranty that any special nuclear material, production facility or utilization of
facility produced or constructed by or through the use of any SNTs that are the target
of the cooperation will be subject to all the requirements specified in the above.
50
5. MNA framework constituent proposal
5.1 Potential MNA framework member states proposal
Japan, South Korea, China (including Taiwan), Russia, Kazakhstan, Mongolia and
emerging nuclear power states in South East Asia (e.g. Viet Nam, Thailand, Malaysia,
Indonesia)
Reasons for selecting Asia and the above states:
It is expected that nuclear energy use will grow in Asia;
The needs to solve issues of enriched uranium fuel supply and SF in Asia are high;
A new plan to strengthen nuclear non-proliferation is needed in Asia in accordance
with the changes of supply/demand situation including fuel supply (increase in the
supply from former East Europe states) in Asia;
Nuclear power promotion and resource states in North East Asia and Central Asia as
well as nuclear power emerging states in South East Asia are the main targets;
North Korea is excluded for the time being for political reasons. India and Pakistan
are excluded because they are non NPT-members and they do not meet the
requirements for the MNA Framework (i.e. duty of non-proliferation on NPT)
(because IAEA safeguards are the basis); and
Arab states in West Asia are excluded for the same reasons as North Korea (i.e.
political instability).
The USA, Canada and Australia will be treated as the states that “are involved from out
of the MNA Framework” to supply fuel and nuclear non-proliferation leading states (see
discussion in Chapter 7.7-Future Work).
5.2 Concrete proposal for the nuclear fuel cycle service states
The information of front end and back end of each relevant state is presented in Annex,
Tables 1, 2, 3 and 4 (at the end of this document). Based on this information, following are the
proposal for the nuclear fuel cycle service candidate states.
(1) Front end participating candidate states:
(a) Uranium mining and refining: Kazakhstan, Russia, China (future potential state:
Mongolia)
(b) Conversion: Russia, China
(c) Uranium enrichment: Russia (Kazakhstan*), Japan, China (
* Facilities are within
Russia)
(d) Re-conversion, fuel production: Kazakhstan, Russia, Japan, South Korea, China
(2) Back end participating candidate states:
① SF storage: Russia, Kazakhstan (tentatively)
② SF re-processing: Russia, Japan, China (future potential states: South Korea,
Kazakhstan)
③ MOX storage: Russia, Japan, China (future potential states: South Korea,
Kazakhstan)
51
④ SF disposal: Participating states
(Nuclear reactor participating candidate states: Nuclear power advanced states, Viet Nam,
Malaysia, Thailand, and Indonesia)
Furthermore, for each element and facility, the potential MNA participating states and
options for the facilities and activities – compatibility (Type A, B, C) are summarized in Table
5.1, segregated by near future and distant future.
Table 5.1
52
6. Detailed study and evaluation of the proposed framework
6.1 Further study and evaluation from legal and regulatory perspectives
1) Safeguards
Article 3 of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) stipulates
the IAEA safeguard acceptance obligation of non-nuclear-weapon states. The
non-nuclear-weapon states must conclude safeguards agreements with IAEA and receive
safeguards for their nuclear activities.
In the following section, the types and overview of IAEA safeguards agreements and
regional safeguards such as European Atomic Energy Community (Euratom) composed of 27
states in Europe and safeguard systems between Argentina and Brazil are explained. Based on
them, the safeguards system of the MNA facilities is proposed and evaluated.
1)-1 Types of safeguards and the contents
IAEA safeguards agreements include INFCIRC/153 safeguards agreement
(Comprehensive Safeguards Agreement), INFCIRC/66 safeguards agreement, and voluntary
agreements. There is also Additional Protocol (AP) to strengthen safeguards, INFCIRC/540,
to be signed additionally by the states that have already concluded any of these agreements.
Furthermore, there is a regional safeguards agreement that can be concluded by IAEA,
international organization composed of multiple states, and the member states. The currently
existing regional safeguards agreements include INFCIRC/193 signed by IAEA, Euratom and
the Euratom member states, and INFCIRC/435 (Four Parties’ Agreement) signed by IAEA,
Brazilian-Argentine Agency for Accounting and Control of Nuclear Materials (ABACC),
Brazil and Argentina.
Euratom’s tasks include promotion of research and development of peaceful use of
nuclear power, stable supply of nuclear fuel within the Euratom framework, and supervision
to ensure that the use of civil nuclear materials is not diverted to purposes other than those for
which they are intended (Euratom Treaty, Chapter 7). This way, Euratom forcibly implements
the safeguards within EU. The characteristics of the Euratom safeguards are as follows:
The purpose of safeguards is to make sure that the use of nuclear materials is not diverted
to purposes other than those for which they are intended;
The non-reported nuclear materials and non-reported nuclear activities are out of scope
(they will be separately determined by European Commission);
All civil facilities excluding device and materials for the purposes of national defence in
France and United Kingdom are subject to inspection;
Euratom recruits inspectors and implements inspection in the member states;
Inspectors have access to all places and data to the extent necessary in order to apply
safeguards by presenting the public documents issued by Euratom; and EC regulations are established for the amplification of Euratom safeguards.
Furthermore, Euratom keeps the ownership of nuclear materials, and facilities possess
only the right to use nuclear materials. There is also a penalty of “nuclear material
withdrawal.”
INFCIRC/193 basically incorporates the contents of INFCIRC/153. However, in order for
the Euratom member states to collaboratively conclude safeguards agreements and for
53
Euratom to apply safeguards to the member states, the following adjustments are made7:
In the conventional IAEA safeguards treaties with individual states, IAEA verifies the
results of nuclear material accounting system of each state. However, the Euratom Treaty
applies the method of verifying the results of the Euratom safeguards system in the
member states In order to utilize the Euratom safeguards system, the Euratom member states are treated
as a region for the IAEA safeguards application, and the transfer of nuclear materials
within the member states are not considered as international transfer
IAEA carries out inspection together with the Euratom inspectors, and the inspection is
based on the observation of the Euratom inspection activities to the extent possible. If
necessary, IAEA carries out inspection separately
Euratom develops the inspection plan in collaboration with IAEA. Regardless of the
availability of simultaneous inspection of IAEA, all Euratom’s inspection results will be
reported to IAEA In order to facilitate the application of the IAEA Safeguards Agreement and attached
protocol, Liaison Committee is established comprised of the representatives of Euratom
and IAEA
According to the summary8 of the 2011 Euratom safeguards implementation, Euratom
carried out the total of 1,299 inspections at reprocessing facilities, uranium enrichment
facilities, nuclear fuel production facilities, nuclear power plants and storage facilities,
research laboratory, etc. Furthermore, in order to improve efficiency of inspection within the
region, Euratom signed the New Partnership Approach (NPA) with IAEA in 1992 and agreed
to avoid duplication of inspection activities based on the “one job, one person” principle,
supplemented by new quality control measures. Elements of the NPA include use of
commonly shared inspection instruments and analytical capabilities, sharing of information,
cooperation in research and development and in the training of inspectors, and increasing
common use of technologies to replace the physical presence of inspectors by appropriate
equipment.
ABACC is an organization that was established based on the “Argentine-Brazil
Agreement for Peaceful Use of Nuclear Energy” (bilateral agreement). The Agreement was
signed and came into effect as the final action of trust relationship development process of
over 12 years since the “Argentine-Brazil Agreement for the Development and Application of
Peaceful Use of Nuclear Energy” which was signed in April 1980 by Argentine and Brazil that
shared the common border and had nuclear weapon development plans handled by the
military governments. ABACC basically promises peaceful use of nuclear materials and
facilities and carries out the Common System for Accounting and Control of Nuclear
Materials (SCCC) to verify that nuclear materials used in all nuclear activities in both
countries are not diverted to purposes prohibited by the agreement. The Four Parties’
Agreement is basically the same as INFCIRC/153(corrected). However, they differ in that
ABACC applies safeguards and avoids unnecessary duplication with IAEA safeguards
activities as well as ABACC excludes atomic submarine from application of safeguards.
7Atomic Energy Commission Home Page, http://www.aec.go.jp/jicst/NC/about/hakusho/wp1973/sb130201.htm (Date of access: Februrary 6, 2013), others 8 European Commission Directorate-General for Energy, “Summary Report on the Implementation of Euratom Safeguards in
2011”, July 2012, Ref. Ares(2012)1315222 - 08/11/2012
54
1)-2 Legal framework of safeguards for the MNA facilities and its evaluation
In this document, the following forms of safeguards centered on regional safeguards are
proposed for the MNA facilities of type A-C. Regional safeguards are incorporated because,
as is apparent from the examples of Euratom and ABACC, regional safeguards measures
contribute to enhancing nuclear non-proliferation in the region and enhancing trust among
member states.
Table 6.1 summarizes the proposal for the safeguards systems for the MNA facilities of
type A-C. In the Table, Euratom and ABACC, which are already applying the regional
safeguards, and Japan are included for comparison.
Common safeguards for all types of MNA facilities:
Regional safeguards system among the MNA member states will be introduced, and the
system is stipulated in the Regional Safeguards Agreement.
Safeguards Agreement is concluded by the MNA member states, AMMAO and IAEA.
The MNA Regional Safeguards Department will play a role of executing the Regional
System of Accounting for and Control (RSAC) and regional safeguards.
Safeguards for the Type A and Type B MNA facilities:
The MNA Regional Safeguards Department will review the material accounting data
collected by the facility operators, as the RSAC executing agency in collaboration with
the regulatory institutions of the partner state or host state.
The inspection by the MNA Regional Safeguards Department and IAEA may be
accompanied by inspectors from the regulatory institutions of the partner state or host
state. Or both data review and inspection may be entrusted to the MNA Regional
Safeguards Department.
Safeguards for the Type C MNA facilities:
The Type C MNA facilities will be operated by the international cooperative industrial
consortium based on the contract with local entity of AMMAO (site state entity). The
accounting will also be carried out by the international cooperative industrial consortium.
The MNA Regional Safeguards Department will check the accounting data etc. as the
executing agency of RSAC, and it inspects the facility alone or together with IAEA.
Because the MNA facilities are in the territory of the site state and the laws of the site
state are applicable, the site state’s government may review the accounting data collected
by the international cooperative industrial consortium or inspection by the MNA Regional
Safeguards Department.
55
Table 6.1 Proposal for the Safeguards Systems in the MNA Facilities, etc.
Purpose of safeguards CSA AP Regional
safeguards
Governing regulations (domestic laws,
agreements, others)
Material accounting
(=facility operator) Accounting data review Inspector(s)
Japan To prevent the use of nuclear
materials, etc. for nuclear weapons ○ ○ × Nuclear Power Plant Regulations Law
Safeguards Agreement between Japan and
IAEA9
Japanese operator Japanese governmental regulatory
institution
IAEA
Accompanied by Japanese
inspectors
Reg
ional safeg
uard
s
EU states
To prevent the use of nuclear
materials, etc. for purposes other
than those for which they are
intended
○ ○ ○
Domestic law in EU states
Euratom Treaty, Section 7 and below
(Euratom Commission Regulation on the
application of safeguards (302/2005))
Safeguards agreement between the
non-nuclear weapon states among the
Euratom member states, Euratom and
IAEA10
Safeguards agreement by France, Euratom
and IAEA11
Safeguards agreement by UK, Euratom and
IAEA12
Operator in each state
Euratom carries it out as the
executing agency of the regional
accounting management system13
(Regulatory institution of each state
may participate in it.)
Safeguards department of
Euratom and IAEA (Inspectors
from each state may accompany
the inspection by Euratom.)
Argentine
Brazil
To prevent the use of nuclear
materials, etc., for nuclear weapons △14
△ ○
Domestic laws of Argentine and Brazil
“Argentine-Brazil Agreement for the
development and application of peaceful use
of nuclear energy”
Argentine/Brazil /ABACC/IAEA Safeguards
Agreement (INFCIRC/435, Four parties’
Agreement)
Operator in each state Regulatory institution of each state
and ABACC
ABACC and IAEA (Inspectors
of ABACC are composed of
inspectors of both states, Thus,
the states inspect each other’s
facilities.)
MN
A
Type
A Same as above ○ ○ ○
Law of partner states
MNA Regional Safeguards Agreement
MNA member states (including partner, host
and site states)/ AMMAO/IAEA Safeguards
Agreement
Operator in partner state
Regulatory institution of partner
state and MNA Regional Safeguards
Department
MNA Regional Safeguards
Department and IAEA
(Inspectors from the regulatory
institution of partner state may
accompany the inspection by
MNA)
Type
B Same as above ○ ○ ○
Law of host states
MNA Regional Safeguards Agreement
MNA member states (including partner, host
and site states) /AMMAO/IAEA Safeguards
Agreement
Operator in host state
Regulatory institution of host state
and MNA Regional Safeguards
Department
MNA Regional Safeguards
Department and IAEA
(Inspectors from the regulatory
institution of host state may
accompany the inspection by
MNA)
Type
C Same as above ○ ○ ○
Law of site states
MNA Regional Safeguards Agreement
MNA member states (including partner, host
and site states) /AMMAO/IAEA Safeguards
Agreement
Operator (international
cooperative industrial
consortium) commissioned by
the local entity of AMMAO in
the site state.
Regulatory institution of site state
and MNA Regional Safeguards
Department
MNA Regional Safeguards
Department and IAEA
(Inspectors from the regulatory
institution of site state may
accompany the inspection by
MNA)
CSA: Comprehensive Safeguards Agreement
AP: Additional protocol
9INFCIRC/255 and INFCIRC/255 Add.1 10INFCIRC/193 and INFCIRC/193 Add.8 11INFCIRC/290 and INFCIRC/290 Add.1 12INFCIRC/263 and INFCIRC/263 Add.1 13Regional System of Accounting for and Control of nuclear material (RSAC) 14Although Argentine and Brazil have not concluded the CSC with IAEA individually, they have concluded the Safeguards Agreement with ABACC and IAEA (four parties’ agreement) that covers the contents of CSC. Argentine and Brazil have not ratified the AP. There is a room for
discussion whether the four parties’ agreement covers the contents of AP or not.
56
Below is the evaluation of the safeguards framework of the MNA facilities in
comparison with the Euratom safeguards system which is the precedent of the regional
safeguards system.
Nuclear non-proliferation: The purpose of the MNA safeguards is to prevent the use of
nuclear materials etc. for nuclear weapons. Thus, this matches more with the goal of nuclear
non-proliferation than that of the Euratom safeguards which aim only to prevent the use of
nuclear materials for other than those for which they are intended. Furthermore, Euratom does
not target non-reported nuclear materials and non-reported nuclear activities, while the MNA
safeguards target both. In this aspect, the MNA safeguards system also contributes to the
nuclear non-proliferation.
Transparency: Transparency can be improved especially for Type C MNA facilities
through material accounting by international cooperative industrial consortium which is
commissioned by the local entity of AMMAO in the site state.
Efficiency of inspection: The following points applied by the Euratom safeguards can also
be incorporated in the MNA safeguards. This way, MNA can avoid the duplication of
safeguards measures by MNA and IAEA and achieve the efficiency.
For the IAEA safeguards for the MNA member states, IAEA will verify the safeguards
inspection results collected by the MNA Safeguards Department
IAEA will carry out inspection together with the inspectors from the MNA Safeguards
Department and observe the Department’s inspection activities as much as possible. If
necessary, IAEA will carry out inspection separately
The MNA Safeguards Department will develop the inspection plan in collaboration with
IAEA. Whether the inspection is carried out with IAEA or not, all inspection results by
the MNA Safeguards Department will be reported to IAEA
In order to utilize the MNA safeguards system, the MNA member states will be treated as
a region base on the IAEA safeguards, and transfer of nuclear materials within the
member states shall not be considered as international transfer
Furthermore, as a difference of safeguards between MNA and Euratom, Euratom
possesses the ownership of nuclear materials and the facilities possess only the right to use
nuclear materials. Thus, when safeguards are violated, the state will be penalized through
“nuclear material withdrawal.” It is possible for Euratom to possess the ownership of nuclear
materials because 1) Euratom was established in the 1950s when the peaceful use of nuclear
energy just began, and 2) Euratom Supply Agency (ESA), which secured smooth and fair
supply of nuclear fuel, existed within the Euratom framework. On the other hand, AMMAO
does not have such a system yet, and thus the MNA Framework does not propose the transfer
of nuclear materials ownership to AMMAO. Euratom’s tasks include promotion of research
and dissemination of information, establishment and application of safety standards, ensuring
nuclear fuel supply, investment in nuclear energy development and securing basic facilities,
and ensuring safeguards is an important part of the tasks. In the background, there is a
political, economic, industrial and cultural integration of Europe such as EC and European
Court of Justice. The MNA regional safeguards are basically the same as the Euratom
safeguards. By standardizing the nuclear material accounting system and inspection system in
the politically, economically and culturally diverse Asia, it is expected that improvement of
nuclear non-proliferation can be achieved.
2) Nuclear safety
As was shown by the Tokyo Electric Power Company’s Fukushima Daiichi Nuclear
Disaster (Fukushima nuclear accident) in March 2011, nuclear power accidents give damage
to the facility’s surrounding area, community people and environment. Furthermore, as was
57
the case with the Chernobyl Disaster in 1986, the nuclear power accidents can also give
damage to the neighboring countries.
Unlike safeguards, the NPT does not add duties concerning nuclear safety. The main
purpose of establishing the MNA Framework is also nuclear non-proliferation. Despite that,
ensuring the safety of the MNA facilities remains one of the highest priorities, as is the case
with the nuclear power facilities in each state. Furthermore, weak safety of nuclear power
facilities can also lead to vulnerability of nuclear security measures. Thus, ensuring nuclear
safety is required from the nuclear security perspective as well.
In the preamble of the Convention on Nuclear Safety, it is stated that “reaffirming that
responsibility for nuclear safety rests with the State having jurisdiction over a nuclear
installation…” Although the main target of the Convention is the nuclear reactors that
generate power, it is obvious that the states which have jurisdiction over the nuclear power
facilities other than nuclear reactors also own ultimate responsibility for ensuring the safety of
those facilities. In the following section, the overview of the international standards and international
treaties concerning the safety of nuclear power facilities as well as international movement for
strengthening nuclear power safety after the Fukushima nuclear accident are described. Based
on the overview, secure safety measures in the MNA facilities are proposed, followed by
evaluation of the proposal in comparison with Euratom’s nuclear safety systems and current
situations.
2)-1 International standards and international treaties concerning nuclear power safety
Based on the IAEA Statute, IAEA developed safety documents concerning nuclear
power facilities, radiation protection, radioactive waste management and transportation of
radioactive materials. They are called the “IAEA Safety Standards Series.” These IAEA
Safety Standards Series are systematically composed of Fundamental Safety Principles (i.e.
safety concept, goals, fundamental principles), Safety Requirements (i.e. fundamental
requirements to secure safety by theme and by facility), and Safety Guides (i.e. specific
methods to comply with the important fundamental requirements). These documents are not
legally binding on the IAEA member states but are used at each member state’s discretion as
the international standards for the nuclear power activities of each state. IAEA also uses them
for their safety reviews15
of the member states’ responses to the standards.
As for the international conventions concerning nuclear power safety, there are Nuclear
Power Safety Four Conventions which were established after the Chernobyl Disaster. They
are 1) Convention on Early Notification of Nuclear Accident16
, 2) Convention on Assistance
in the Case of a Nuclear Accident or Radiological Emergency17
, 3) Convention on Nuclear
Safety18
, and 4) Joint Convention on the Safety of Spent Fuel Management and on the Safety
of Radioactive Waste Management19
. Table 6.2 shows their purposes and obligations that are
defined in the Conventions.
15Examples of peer reviews include Emergency Preparedness Review (EPREV) Service, Design and Safety Assessment
Review Service (DSARS), Integrated Regulatory Review Service (IRRS), Operational Safety Review Team (OSART)
programme、Integrated Safety Assessment for Research Reactors (INSARR), Site & External Events Design Review Service
(SEED), Transport Safety Appraisal Services (TranSAS), Radioactive Waste Safety Services, Occupational Radiation
Protection Appraisals (ORPAS), etc. 16Convention on Early Notification of a Nuclear Accident 17Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency 18Convention on Nuclear Safety 19Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management
58
Table 6.2 Purposes and obligations in the International Conventions concerning Nuclear
Power Safety20
Convention Purpose Obligations 1)Convention on Early Notification of Nuclear Accident
To minimize the consequences of nuclear accidents by notifying nuclear accidents at early stage in the event of a nuclear accident which has the potential for international transboundary release.
A public organization is designated which would notify the other states in case of a nuclear accident.
2)Convention on Assistance in the Cased of a Nuclear Accident or Radioactive Emergency
To minimize the consequences of nuclear accidents by establishing international framework to facilitate prompt assistance in the event of a nuclear accident.
The member state requesting assistance provides necessary information to the assistance providing states. The member states that receive request for assistance will determine the ranges of possible assistance and notify them to the requesting state directly or through IAEA.
3)Convention on Nuclear Safety
To achieve and maintain high standard safety of nuclear power plants for generating power in the world.
Member states must submit reports on the implementation of their obligations for “peer review” at member states’ meetings which are held once in three years
21.
4)Joint Convention on the Safety of SF Management and on the Safety of Radioactive Waste Management
To achieve and maintain high standard safety of SF and radioactive waste management in the world.
The “3) Convention on Nuclear Safety” is only the conceptual regulation in comparison with
the IAEA safety standards. It only covers the civilian nuclear power plants and it gives
responsibility for and jurisdiction over their safety to each signed state. As of April 2012, 75
signed the Convention. All states which own nuclear power plants have signed the
Convention and the signed states have the following obligations:
Implementing and maintaining national laws and the legislative measures for carrying out
the obligations under the Convention
Separating the functions of the regulatory body from those of any other bodies concerned
with the promotion or utilization of nuclear energy
Taking appropriate steps for identifying site and designing, constructing and operating
nuclear energy facilities
Taking appropriate steps for ensuring that the radiation exposure to the workers and the
public shall be kept as low as reasonably achievable and preparing for emergency
situation
Carrying out comprehensive and systematic evaluation concerning safety before
construction of nuclear energy facility, during the test operation and under operation
20Nuclear Regulation Authority Home Page
http://www.nsr.go.jp/archive/nisa/genshiryoku/international/international_2.html, (Date of access:March 22,
2013) 21 As of June 2011, 74 states have signed the Convention on Nuclear Safety, and in the fifth meetings in April 2011, 29 states
submitted the reports and received reviews.
59
Submission of reports concerning nuclear energy facility to the Review Meeting. At the
Review Meeting, the reports will be reviewed, and each state must take appropriate
measures to respond to the suggestions and recommendations from the Meeting including
termination of a nuclear power facility
The “4) Joint Convention on the Safety of SF Management and on the Safety of
Radioactive Waste Management” defines the following principles.
Radioactive waste should, as far as it is compatible with the safety of the management of
such material, be disposed of in the state where it was generated (Convention, Preamble
(xi), first sentence) Any state has the right to ban import into its territory of foreign SF and radioactive waste
(Convention, Preamble (xii)) Recognizing that safe and efficient management of SF and radioactive waste might be
fostered through agreements among contracting states to use facilities in one of them for
the benefit of the other states, particularly where waste originates from joint projects.
(Convention, Preamble (xi), after “whilst”) The Joint Convention on the Safety of SF Management and on the Safety of
Radioactive Waste Management will be mentioned again later in the Export Control section.
As are defined in Conventions 3) and 4), the responsibility for and jurisdiction over nuclear
power safety lie with the states, as is the case with the nuclear security which will be
described later in this document. Concerning the nuclear safety, Conventions 1) and 2)
promote information sharing, and Conventions 3) and 4) promote implementation of
self-evaluation of nuclear power facilities by each state and implementation of peer review at
Review Meetings by the member states. They also impose obligations to take measures to
respond to the suggestions made in the Review Meetings. In these points, these Conventions
are different from those concerning nuclear security, which do not promote information
sharing and implementation of self-evaluation by each state and peer review among the states.
2)-2 Movement to strengthen nuclear safety after the Fukushima nuclear accident
Between the Fukushima nuclear accident in March 2011 and January 2013, international
meetings concerning nuclear power safety took place one after another. These meetings
include “Kyiv Summit on the Safe and Innovative Use of Nuclear Energy (April 2011),”
“Nuclear Safety Convention Review Meeting (April 2011),” “France/OECD/NEA Ministerial
Conference (June 2011),” “IAEA Ministerial Conference on Nuclear Safety (June 2011),”
“High-level Meeting on Nuclear Safety and Security (September 2011),” and “Fukushima
Ministerial Conference on Nuclear Safety (December 2012).” In these meetings, importance
of ensuring nuclear safety and necessity of strengthening safety were discussed. Concerning the IAEA safety standards, reinforcing compliance with the standards among
the member states were discussed in the “IAEA Ministerial Conference on Nuclear Safety.”
The topic was controversial, and in the Ministerial Declaration, it was only stated that “IAEA
safety standards should be continuously reviewed, strengthened and implemented as broadly
and effectively as possible”22
. Based on the Ministerial Declaration, the “IAEA Action Plan
on Nuclear Safety” was developed, adopted by the IAEA Board of Governors and endorsed
by the General Assembly. Even in the Action Plan, it was only described that the IAEA safety
standards should be revised as needs arise, and the timeframe of the revision was not
mentioned.
Furthermore, concerning the “3) Convention on Nuclear Safety,” it was reported in the
“IAEA Ministerial Conference on Nuclear Safety” that “whether or not to revise the Nuclear
22Ministry of Foreign Affairs, Home Page http://www.meti.go.jp/earthquake/nuclear/backdrop/pdf/110621-01.pdf
60
Safety Convention to confer enforcement to the safety inspection was the focus of discussion.”
However, the majority was cautious about revising the Convention. IAEA Director General
Amano also took the position of being cautious about the revision. Thus, in the end, it was
decided that the safety system would be strengthened outside of the framework of the
Convention.”23
In the “IAEA Ministerial Conference on Nuclear Safety,” IAEA Director General
Amano proposed to carry out no-notice peer reviews for 10% of 440 nuclear power plants in
the world. However, in the “IAEA Action Plan on Nuclear Safety,” it was only expressed that
“member states are strongly recommended” to “voluntarily” accept peer reviews. In the
“IAEA Action Plan on Nuclear Safety,” the parts on peer reviews are stated as follows24
:
The IAEA Secretariat, upon request from the member states, to undertake peer reviews of
national assessments.
The IAEA Secretariat to strengthen existing IAEA peer reviews and to make the peer
review results publicly available with the consent of the state concerned.
Member states to be strongly encouraged to voluntarily host IAEA peer reviews
(including follow-up reviews) on a regular basis.
Member states to conduct a prompt national review and thereafter regular reviews of their
regulatory bodies.
Each member state with nuclear power plants to voluntarily host, on a regular basis, an
IAEA Integrated Regulatory Review service (IRRS) mission and a follow-up mission to
be conducted within three years of the main IRRS mission.
Each member state with nuclear power plants to voluntarily host at least one IAEA
Operational Safety Review Team (OSART) mission during the coming three years.
“States that emphasized autonomy of nuclear power policy such as China, France and
the USA and developing countries that insisted on sovereignty were not keen on strengthening
the authority of IAEA” by applying the “IAEA Action Plan on Nuclear Safety.” 25
This is
why “each state’s initiative was emphasized.” 26
As descried earlier, even though four
Conventions concerning nuclear safety came into effect following the Chernobyl Disaster and
legal frameworks including obligation of peer reviews for sharing information on safety and
safety measures for nuclear power facilities were established, nuclear power use still remains
one of the most important national matters concerning the national energy policy and many
states still believe that securing the safety should be based on the state’s sovereignty.
Therefore, autonomy by the state was emphasized and the implementation of random peer
review on safety by IAEA was not approved.
On the IAEA Charter, as described above, IAEA established the safety standards from
the health protection point of view and approves inspection from the health and safety
perspectives.27
In the “IAEA Safety Standards and Measures”28
published in 1960,
implementation of inspection on the nuclear power safety is also stated. However, the right for
safety inspection was abandoned at the IAEA Board of Governors meeting in 1976 because of
low interest in nuclear safety among the states and financial burden. In the “IAEA Safety
23E-Nikkei, June 24, 2011 “Conferring enforcement to the nuclear power safety inspection was deferred, IAEA”
http://www.nikkei.com/news/print-article/?R_FLG=0&bf=0&ng=DGXNASGM2307I_U1A620C1EB2000 (Accessed on
January 22, 2013) 24Ministry of Foreign Affairs, Home Page http://www.mofa.go.jp/mofaj/gaiko/atom/iaea/pdfs/plan1109.pdf 25Nobumasa Akiyama, “Politics about strengthening nuclear safety: beyond systematic limitation” 26Yusuke Terabayashi “International actions for nuclear safety and Japanese collaboration for nuclear power – Trend for one
year after the Fukushima Daiichi Nuclear Power Plant Accident”, Rippou to Chousa, March 2012, No. 326, edited and
issued by Planning and Research Unit, Secretariat of the House of Councillors. 27IAEA Charter, Article 3, Clause A (6), Article 12, Clause A(1) 28IAEA, INFCIRC/18, May 31, 1960
61
Standards and Measures”29
published in 1976, it was amended that, instead of safety
inspection, IAEA would dispatch safety mission to provide advice and support concerning
application of the IAEA safety standards based on the agreement from the member states.
Furthermore, the Integrated Regulatory Review Service (IRRS) is provided by IAEA in
line with the IAEA Safety Standards in order to approve and improve the effectiveness of the
member states’ regulatory foundation for securing safety of nuclear power, radiation,
radioactive waste and transportation based on the understanding that the ultimate
responsibility for the nuclear safety lies with the states. In other words, IAEA reviews only
the effectiveness of the regulatory foundation and does not offer specific and detailed
evaluation of safety measures of each state. This is because the latter is placed as the task of
each state.
2)-3 Proposal for the legal framework of nuclear safety at MNA facilities and its
evaluation
In this document, the following nuclear safety securing measures are proposed for each
type of MNA facilities. In Table 6.3, safety securing measures in Japan and by Euratom are
also included for comparison.
In Table 6.3, the Nuclear Safety Directive by EU in the Euratom column includes (a)
“Ministerial Executive Board Directive to determine fundamental safety standards to protect
health of workers and public from the risk of ionizing radiation on May 13, 1996 (96/29/
Euratom),” (b) “Ministerial Executive Board Directive to determine the EC Framework to
secure safety of nuclear power at nuclear power facilities on June 25, 2009
(2009/71/Euratom),” and (c) “Directive concerning supervision and management of
transportation of radioactive waste and SF (2006/117/Euratom).” Each state is mandated to
comply with the Directives. When developing the Directive (b), the first draft submitted in
2002 included obligation to accept the IAEA Safety Standards, establishment of the safety
standards with binding force within EU, establishment of jurisdictional regulatory institution
at EU level, and inspection of safety monitoring institution of each state by EC. However,
these measures to secure nuclear safety by Euratom were not included in the final document
because the Ministerial Executive Board “rejected to have strong influence of EC and
authority at the EU level in the nuclear power field.”30
Furthermore, in the notification31
of October 2012 by EC concerning the results of
so-to-called stress tests, which were conducted by EU member states following the
Fukushima nuclear accident stated the need for strengthening nuclear power safety framework
within the EU and revision of the Nuclear Safety Directive. The notification pointed out that
the scope of the existing Safety Directive (i.e. Directive (b)) was limited and could not
address the technical safety issues identified in the Fukushima nuclear accident and the stress
tests. Furthermore, the notification recommended that the Directive must be revised on which
the national regulatory authorities can base their independent decisions and that the provisions
on monitoring and verification by EU should be extended to other areas than the existing peer
review system of the national regulatory framework.
29IAEA, INFCIRC/18/Rev.1, April 1976 30Source: Kenji Uetsuki, “Use of nuclear power in EU and its safety”, Foreign Legislation 244(June 2010), pp49-50. 31“Notification from EC to European Board of Governors and European Parliament on the comprehensive risk and safety
assessment (“stress test”) of nuclear power facilities in EU and their related activities”, COM(2012)571 Final issue, October
4, 2012
62
Table 6.3 Proposal for the systems concerning ensuring nuclear safety at the MNA facilities
Relevant laws (Principle)
Participation in international
conventions and implementation of their
obligations
Utilization and implementation of the
international safety standards
Curr
ent
Japan Nuclear Reactor Regulation Law, etc.
32
Participation in four nuclear safety conventions and compliance with obligations Submission of reports
based on the Nuclear Safety Convention and Radioactive Waste Safety Convention as well as peer review among the signed states
Incorporation of IAEA Safety Standards in the domestic law
Acceptance of peer review by the IAEA Safety Department
Euratom
Laws of member states
Nuclear Safety Directive by EC. However, based on the stress tests following the Fukushima nuclear accident, the need for revising the Directive to strengthen nuclear safety in EU was pointed out.
Same as above
Same as above Nuclear Safety Directive
by EC Implementation of stress
tests following the Fukushima nuclear accident
Pro
posa
l
MN
A
Type A
Law of partner state concerning nuclear
safety Same as above
Volu
nta
ry
Incorporation of international standards (e.g. IAEA Safety Standard, etc.) in domestic law.
Implementation of peer review by MNA Safety Department
Type B
Law of host state concerning nuclear
safety Same as above
Type C
Law of site state concerning nuclear
safety Same as above
Obli
gat
ory
Incorporation of international standards (e.g. IAEA Safety Standard, etc.) in domestic law.
Implementation of verification by MNA Safety Department
32Act for Prevention of Damage from Radioactive Isotopes, Electricity Business Act, Act on Special Measures Concerning
Nuclear Emergency Preparedness, etc.
63
Common items for all types of MNA facilities:
In principle, all types of MNA facilities shall follow the laws concerning nuclear safety of
the partner, host or site state where the facilities are located.
The partner, host and site states that own any type of MNA facilities must participate in
four conventions concerning nuclear safety, comply with the obligations under the
Nuclear Safety Convention and Radioactive Waste Safety Convention and carry out peer
reviews among the member states. In addition to participating in these conventions as an
individual state, they shall also participate in the Nuclear Safety Convention as part of the
MNA member states, like Euratom.
Type A and B MNA facilities:
In order to have higher nuclear safety within the MNA Framework, the partner and host
states that own Type A or B facilities shall incorporate international safety standards such
as the IAEA Safety Standards in their domestic laws, and the MNA Safety Department
will carry out the peer review to check the implementation status.
The Type A and B MNA facilities are owned by the operators of the partner or host states
that own the facilities. In this sense, the involvement of MNA is limited. Furthermore,
responsibility for ensuring nuclear safety basically lies with the nation. Therefore, peer
review is limited to voluntarily participation.
Type C MNA facilities:
Type C MNA facilities are operated by the MNA operators consisted of the MNA
member states including the site states. If the site states agree, higher safety can be
ensured in terms of construction of facilities and operation. Therefore, the international
safety standards must be incorporated in the domestic laws of the site states, which were
voluntary for the partner and host states that own Type A or B facilities, and the site states
must receive peer review for verification by the MNA Safety Department.
Discussion on Type C MNA facilities:
In theory, if an MNA facility is located in a non-sovereignty area33
, AMMAO, to which
the non-sovereignty area is provided by the site state, would hold the jurisdiction over the area
and be responsible for ensuring the safety of the facility. AMMAO would hold the right to
regulate all laws including nuclear power safety within the scope permitted by the MNA
member states and any safety standards can be established.
However, in reality, the site state would not provide a part of their territory as a
non-sovereignty area to MNA unless AMMAO inform the state in advance the safety
regulations and measures that AMMAO is planning to take for the MNA facility and unless
these regulations and measures are at the similar or higher safety standard level than those of
the site state. Furthermore, even if the safety standards of the Type C MNA facility are at the
higher level than those of the site state, if the safety standards of the site states surrounding
the non-sovereignty area are lower, the damage caused by the nuclear power facilities in those
states may affect the non-sovereignty area. Therefore, in order to ensure effective nuclear
safety for the Type C MNA facilities, whether they are in the non-sovereignty area or not, the
safety standards of nuclear facilities of site states are the key, and the safety standards of
nuclear facilities of the site states and Type C MNA facilities must be at the similar high level.
33
For example, the Multilateral Enrichment Sanctuary Project concerning assurance of nuclear fuel supply proposed
by Germany is proposing to establish a new uranium enrichment facility in a non-sovereignty area which does not
belong to any state.
64
If so, it will also be easier to network and cooperate for the emergency cases such as nuclear
accidents.
Furthermore, if a non-sovereignty area is established along the border with multiple
states, the nuclear safety standards of the site state as well as its neighbouring states must be
at the similar level with the non-sovereignty area in order to have effective nuclear safety of
the Type C MNA facility. In this sense, in order to ensure nuclear safety, the site state which
owns the Type C MNA facility, just like Type A and B, and its neighbouring states must
harmonize their safety standards, regardless of whether the facility is located in the
non-sovereignty area or not. Furthermore, in case of nuclear accident at the MNA facility,
support and network of the site state is essential.
Concerning the legal framework to ensure safety of the MNA facilities, the followings
are the results of the evaluation of the nuclear safety measures for MNA facilities in
comparison with the safety measures of Euratom.
First, similar to Euratom, the MNA member states must participate in international treaties
concerning nuclear safety not only as an individual state but also as a group of MNA and
fulfil the obligations of the treaties. This way, safety can be secured within the MNA
Framework.
Second, the partner and host states which own Type A and Type B MNA facilities shall
incorporate international nuclear safety standards (e.g. IAEA Safety Standards) in their
domestic laws and participate in peer review with the MNA Safety Department although on a
voluntary basis. Euratom reviews compliance with the EU Safety Directives, while the MNA
Safety Department reviews compliance with the international safety standards. Although it is
ideal to establish unique safety standards among the MNA member states, it is not easy to do
so. Therefore, it was decided to apply the international standards.
One of the advantages of peer review by the MNA Safety Department is that it enables
the nuclear advanced states to share their experiences, knowledge and best practices with the
states that are intending to newly introduce nuclear reactors and to improve nuclear safety
measures in the MNA Framework. This is only possible in Asia where nuclear advanced states
and nuclear newly emerging states co-exist. The MNA system may also contribute to build
trust among the member states. The peer review system by MNA can effectively use the
cooperation framework of the regional safeguards which was described earlier.
In addition, it is mandatory for the site states with Type C MNA to comply with the
international safety standards and receive verification for the compliance. By making them
obligatory, nuclear safety can be ensured. However, as was explained in the process of
establishing the nuclear safety standards of Euratom, nuclear safety had been a special power
owned by each state. Furthermore, vulnerability of nuclear facility from the nuclear safety
perspective can be the vulnerability of the facility from the nuclear security perspective.
Therefore, if verification becomes obligatory for the states with Type C MNA Facilities, it
will require high reliability for the MNA member states as well as the MNA Safety
Department.
3) Nuclear security
The nuclear terrorism may occur when nuclear weapon is stolen, nuclear weapon is
produced with stolen nuclear material, “dirty bomb” is produced with stolen radioactive
material, or when obstructive and damaging actions are taken against nuclear facilities and
transport of radioactive substances. The measures to prevent these nuclear terrorism threats
are the nuclear security measures. The nuclear terrorism threats became evident when nuclear
65
materials flowed out abroad from former USSR after the Cold War in 1991 and when there
were terrorism attacks by non-state actors such as September 11 attacks in 2001. Furthermore,
the existence of “nuclear black market” organized by Dr. A.Q. Khan in Pakistan also
increased the nuclear terrorism threats. However, there is a wide gap of several decades
between the understanding as well as measures of nuclear power safety, which had been
worked on since the early days of the use of nuclear power, and those of nuclear security.
Same as nuclear safety, the NPT does not specifically mention nuclear security.
However, some people consider nuclear security as the fundamental concept of three columns
(i.e. peaceful use of nuclear power, nuclear non-proliferation, arms control) of the NPT or the
fourth column of the NPT. Especially in the USA, strengthening of nuclear security is called
for. On the other hand, because nuclear security measures are directly linked to the national
safeguards and autonomy of nuclear power policy, there is still a persistent recognition that
the security measures are the national matters. Thus, harmonization of standards, mandatory
implementation of the measures and peer review system in the nuclear security field are not as
advanced as those in the nuclear safety field.
In the following section, overview of the international standards and international
conventions concerning nuclear security and trend of international movements towards
strengthening nuclear security such as Nuclear Security Summit are explained. Then, MNA
facilities’ nuclear security issues and their countermeasures are proposed and evaluated.
3)-1 International standards and conventions, etc. concerning nuclear security
Similar to the IAEA Safety Standard documents as described in the previous section,
IAEA also developed the IAEA Nuclear Security Series concerning nuclear security. They are
consisted of “Nuclear Security Fundamentals,” “Recommendations,” “Implementing Guides”
and “Technical Guidance.” The “Nuclear Security Fundamentals” contain objectives and
principles of nuclear security and “Recommendations” present best practices that should be
adopted by member states in the specified fields. They include:
“Nuclear security recommendations on physical protection of nuclear material and
nuclear facilities (INFCIRC/225/Rev.5)”;
“Nuclear security recommendations on radioactive material and associated facilities”; and
“Nuclear security recommendations on nuclear and other radioactive material out of
regulatory control.”
“Implementing Guides” provide details of how to implement recommendations and
“Technical Guidance” provides more detailed technical measures on how to apply the
“Implementing Guides.” Same as the IAEA Safety Standards Series, these documents are not
legally binding on the IAEA member states but to be used at the member state’s discretion.
INFCIRC/225/Rev.5 includes protection against internal threat, consideration to protect
nuclear facilities against possible stand-off attacks, and force-on-force exercise, etc. and
IAEA provides evaluation of guideline compliance and support for compliance to the member
states.
The IAEA nuclear security advisory services include International Nuclear Security
Advisory Service (INSServ) and International Physical Protection Advisory Service (IPPAS),
and among the Euratom member states, Netherland, United Kingdom, France, Spain and
Sweden have already accepted IPPAS based on the evaluation requirements of
INFCIRC/255/Rev.5.
The international conventions concerning nuclear security include Convention on
Physical Protection of Nuclear Material (CPPNM)34
and International Convention for
Suppression of Acts of Nuclear Terrorism (Convention on Nuclear Terrorism)35
. Their
34Convention on the Physical Protection of Nuclear Material 35International Convention for the Suppression of Acts of Nuclear Terrorism
66
overview is as follows:
Table 6.4 Overview of International Conventions concerning Nuclear Security
Convention
name
Purpose Obligations
Convention on
Physical
Protection of
Nuclear
Material
(CPPNM)
(Entered into
force in 1987)
To strengthen
protection of
nuclear
material
during
transportation
To ensure that during international nuclear
transport, nuclear material is protected through
monitoring by security guards, etc. at a certain level.
Not to permit importing nuclear material unless
they have received assurances that such material will be
protected.
To consider certain acts such as theft or robbery
of nuclear material as crime and establish jurisdiction
over the offences so that the alleged offender would not
get away from criminal procedures.
To consider the crimes against CPPNM as
offenses and they must extradite the offender or alleged
offender to the relevant state or submit the case to the
state’s authorities for prosecution.
Revised
CPPNM (Not
yet effective36
)
To strengthen
protection of
nuclear
material and
nuclear
power
facilities
In addition to the above, obligations to protect
nuclear materials are expanded to include domestic use,
storage and transport of nuclear material for peaceful use
and nuclear facilities.
Obstruction and destruction of nuclear materials
and nuclear facilities are also considered as offences.
Convention on
Nuclear
Terrorism
(Entered into
force in 2007)
To prevent
terrorism
using nuclear
weapons and
radioactive
substances
To consider intentional possession and use of
radioactive material, production, possession and use of
nuclear explosives, use or damage of nuclear facilities as
criminal offences based on domestic law, and to establish
jurisdiction over the offences so that offender or alleged
offender will not get away with criminal procedures.
To consider the crimes against this Convention as
offenses and they must extradite the offender or alleged
offender to the relevant state or submit the case to the
state’s authorities for prosecution.
As of October 2012, 148 states have joined CPPNM. Euratom member states participate
in it as a group. Meanwhile, 62 states signed the revised CPPNM as of January 2013, but
many states including Japan and South Korea have not ratified it yet. 83 states participate in
the Convention on Nuclear Terrorism.
When developing the draft CPPNM, the USA, which proposed the Convention, initially
intended to include specific standards and technology to protect materials in use, in storage
and during transport. However, some states, particularly developing countries, insisted that
domestic nuclear material protection measures should not be included in the Convention
because they are the national matters. In the end, CPPNM was limited to cover nuclear
36It will come into effect 30 days after 2/3 of the signed states ratify and deposit the Convention. As of March 2012, 79 states
have ratified the Convention.
67
materials during international transport. On the other hand, the revised CPPNM covers the
protection of nuclear materials within a state; however, obligatory international monitoring of
protection measures such as submission of reports concerning implementation of protection
measures, system of peer review among signed states, and mandatory application of
INFCIRC/225 were not included in the final revised CPPNM. On this point, the revised
CPPNM is different from the Nuclear Safety Convention in which submission of reports by
the member states is mandatory and peer review is conducted among the member states.
Under the revised CPPNM, each state is expected to implement and evaluate nuclear security
or protection of nuclear material and facilities by itself.
The above IAEA recommendations and international conventions are not legally
binding on the member states. However, under the “UN resolution concerning
non-proliferation of weapons of mass destruction (WMD)”(UNSCR1540), which was adapted
by the UN Security Council in 2004, all member states have obligations to a) prohibit support
to non-state actors seeking WMD and their means of delivery, b)adopt and enforce effective
laws prohibiting activities involving in and complicity in the development of WMD for
terrorist purposes and their means of delivery to non-state actors and funding for them, and c)
establish domestic management system for related materials such as WMD. Furthermore, all
member states must submit reports on the implementation status. “Especially concerning
nuclear security, UNSCR clearly describes the member states’ responsibilities for maintaining
effective measures to ensure safety for production, use and transport of relevant materials for
designing and producing nuclear weapons, establishing and maintaining appropriate and
effective protection measures, preventing illegal transfer of relevant material, and
implementing effective boarder management. All member states have responsibility to
establish protection related measures within their states.”37
As for strengthening nuclear security measures of nuclear power facilities, in the USA
after the September 11 attacks, the Nuclear Regulatory Commission regulated the Advanced
Accident Mitigation (B.5.b), in which operators are mandated to install new equipment that
can mitigate the impact of airplane crush or fire accidents in the nuclear power facilities. After
the Fukushima nuclear accident in March 2011, the new equipment which was introduced as a
result of B.5.b. was tested for its function in case of natural disasters. In EU, similar to nuclear power safety, there are no common nuclear security standards
for the member states. Even the nuclear security stress tests, which were conducted after the
Fukushima nuclear accident, used only a questionnaire concerning regulations, nuclear
security culture, design based threat (DBT), and emergency responses plan, instead of
checking the vulnerability of facilities concerning nuclear security. Each state carries out
different nuclear security measures. For example, Germany conducted a unique stress test
based on the assumption that aircrafts crushed.
3)-2 Proposal for legal framework to ensure nuclear security of the MNA facilities and
its evaluation
Table 6.5 shows the proposal for the nuclear security measures for Type A to C MNA
facilities. In the Table, nuclear security measures of Japan and Euratom are also included for
comparison.
37Masayuki Usami, “Development of international actions on nuclear security: History of strengthening measures against
nuclear terrolism and future issues,” Committee on Foreign Affairs and Defence, Research Unit, Rippou to Chousa, October
2010, No. 309
http://www.sangiin.go.jp/japanese/annai/chousa/rippou_chousa/backnumber/2010pdf/20101001090.pdf (Date
of access: Februrary 2, 2013)
68
Table 6.5 Proposal for the systems concerning nuclear security measures for the MNA
facilities, etc.
Relevant
laws (Principle)
Participation/ ratification/
compliance with international
conventions (4)
Utilization and implementation of the international nuclear security
recommendations
Curr
ent
Japan
Nuclear Reactor Regulation Law, etc.
Not yet ratified the revised CPPNM
Incorporation of the IAEA Nuclear Security Recommendations into domestic law
Euratom Law of member states
Participate in CPPNM as one state
Individual EU member state ratified revised CPPNM
Incorporation of the IAEA Nuclear Security Recommendations into domestic law
Receiving consultative service from the IAEA Nuclear Security Department
Conducting stress tests following the Fukushima nuclear accident
Pro
posa
l
MN
A
Type A
Law of partner state
Participate in CPPNM and Nuclear Terrorism Prevention Convention
Ratified revised CPPNM
Implement UNSCR1540 obligations
Volu
nta
ry
Incorporation of international nuclear security recommendations (e.g. IAEA Recommendations)
Receiving advisory review from the IAEA Nuclear Security Department
Type B
Law of host state
Same as above
Type C
Law of site state
Same as above
Incorporation of international nuclear security recommendations (e.g. IAEA Recommendations)
Receiving peer review from the IAEA Nuclear Security Department (including verifying implementation of protection standards described in CPPNM)
Common items for all types of MNA facilities:
In principle, all types of MNA facilities shall follow the law concerning nuclear security
of the partner, host or site state which they belong to.
The member states will participate in CPPNM as the entire MNA.
The partner, host and site states that own any type of MNA facilities shall participate in
the Convention on Nuclear Terrorism and ratify the revised CPPNM. In case multiple
states and their operators are involved with operation and management of a MNA facility,
69
it requires stronger nuclear non-proliferation and nuclear security measures. Thus, the
protection measures for use, storage and transport of nuclear material and nuclear
facilities as defined by the revised CPPNM are essential for the Type C MNA facilities.
Many bilateral nuclear power cooperation agreements (e.g. Japan‐U.S. Nuclear Power
Cooperation Agreement, Japan-UK Nuclear Power Cooperation Agreement, Japan-France
Nuclear Power Cooperation Agreement) require maintaining protection level described in
CPPNM as the standard for nuclear material protection measures. By participating in
CPPNM, the said protection level will be maintained for all types of MNA facilities.
Type A and Type B MNA facilities:
The Type A and Type B MNA facilities shall be operated by the operators of partner/ host
states in accordance with the law of each state. The states which own the facilities shall
comply with international recommendations concerning nuclear security such as IAEA
Recommendations (INFCIRC/255 Rev.5) as is the case with Euratom. Furthermore, the
MNA Nuclear Security Department will carry out advisory review to check the
implementation status and provide advises.
The ownership of the Type A and B MNA facilities belong to the operators of the partner
or host states. In this sense, the involvement of MNA is limited. Furthermore,
responsibility for nuclear security of facilities basically lies with the nation, and keeping
information confidential is required from the national security point of view. Therefore,
acceptance of advisory review and reflection of the results are voluntary, and the results
will not be disclosed outside of the partner/host states and the MNA Nuclear Security
Department.
Type C MNA facilities:
Because Type C MNA facilities involve multiple states and their operators with the
construction and operation of the facilities, as compared with Type A and B MNA
facilities, and, as will be described later, in order to obtain comprehensive prior consensus
for the bilateral nuclear cooperation agreement, the site states with Type C facilities shall
have higher level of nuclear security measures as compared with the partner/host states
with Type A and B facilities and ensure nuclear non-proliferation. Therefore, peer
review (voluntary) of the MNA facilities based on the international nuclear security
recommendations will be carried out by the MNA Nuclear Security Department.
The peer review includes verification of maintaining nuclear material protection
standards described in CPPNM concerning bilateral nuclear power cooperation
agreement. The results will not be disclosed outside of the site states and the MNA
Nuclear Security Department.
The nuclear security measures include matters concerning national security, and
compared to nuclear power safety, they are closer to the national rights. Therefore,
accepting peer review based on the international security recommendations is not
mandatory but voluntary.
Discussion on Type C facilities:
As described in the nuclear power safety section, concerning the Type C MNA facilities,
a site state will not provide a part of its territory to MNA as a non-sovereignty area unless the
nuclear security measures of the area are promised to be at the same or stricter level than
those of the site state. In addition, even if the nuclear security measures of the Type C MNA
facility is stricter than those of the site state, if the neighbouring states of the non-sovereignty
area have lower nuclear security measures, the damage of nuclear power accident caused by
terrorist attack may affect the non-sovereignty area. Therefore, nuclear security measures of
70
nuclear power facilities in the site states are the key for effective nuclear security of Type C
MNA facilities, whether they are located in the non-sovereignty area or not, and the nuclear
security measures of the site states and Type C MNA facilities must be at the similar high
level. Furthermore, if a non-sovereignty area is established in the border area with multiple
states, the security measures of the site state as well as its neighbouring states must be at the
similar level as the non-sovereignty area in order to carry out effective nuclear security
measures of the Type C MNA facility. In this sense, to ensure nuclear security, the site state
which owns the MNA facility and its neighbouring states must harmonize their nuclear
security measures, whether the facility is located in the non-sovereignty are or not.
Furthermore, in case of nuclear terrorism and nuclear power accident caused by nuclear
terrorism, support and network of the partner/host/site states is essential.
Concerning the legal framework of nuclear security measures, the followings are the
evaluation results of nuclear power safety measures of the MNA facilities in comparison with
the nuclear security measures of Euratom.
First, the MNA member states, similar to Euratom, participate in the international
treaties concerning nuclear material protection not only as an individual state but also as a
group of MNA and ensure the regulations of the treaties by incorporating them in the
domestic laws. From this perspective, protection of nuclear material as the entire MNA
facilities is ensured, just like Euratom. Furthermore, as will be described later in this
document, many bilateral nuclear power cooperation agreements demand the CCPNM
standards as the nuclear material protection standards for each target nuclear material. In this
sense, the partner/host/site states that own the MNA facilities must pass the nuclear material
protection standards established by CPPNM.
Second, the partner and host states which own Type A and Type B MNA facilities shall
incorporate international nuclear security recommendations (e.g. IAEA Nuclear Security
Recommendations) in their domestic laws and receive advisory review (voluntary) from the
MNA Nuclear Security Department. The site states which own Type C MNA facilities shall
receive highly effective peer review (for verification). One of the advantages of reviews by
MNA is that, assuming establishing a MNA Framework in Asian region, it enables the nuclear
advanced states to share their experiences and knowledge with the states that are intending to
newly introduce nuclear reactors and to improve ensuring nuclear material protection and
nuclear security. Naturally, unlike nuclear power safety, information and knowledge on
nuclear material protection and nuclear security cannot be passed on to all states.
However, such review by MNA can effectively use the collaborative framework of the
regional safeguards which were described earlier. This is only possible in Asia where nuclear
advanced states and nuclear newly emerging states co-exist. The system may also contribute
to build trust among the member states. However, it should be noted that implementation of
nuclear security measures is within the scope of each state’s authority. Therefore,
implementing advisory review and peer review requires high trust for the MNA member
states and the MNA Nuclear Security Department.
4) Compensation/liability for nuclear damages
At the High-level Meeting on Nuclear Safety and Security held in New York in
September 2011, UN Secretary-General Ban Ki-moon stated that “The effects of nuclear
accidents cross borders. This is an issue on a global scale, and a global response is
demanded.”38
Since nuclear accidents may cause damages not only to the residents and
38
United Nations Information Center Homepage http://unic.or.jp/unic/highlight/2407/ (Accessed 28/01/2012)
71
environment of the country where the accident occurs but also to nearby countries, there is
also a need for an international response to compensation for damages due to accidents in
addition to ensuring nuclear safety. Article 6 of the Japanese Act on Compensation for
Nuclear Damage states that “nuclear power operators must have measures in place for
compensation for nuclear damages in order to operate a nuclear reactor.” In order to carry
out nuclear power activities, it is necessary to ensure that appropriate laws and organizations
are in place for nuclear compensation.
Below is an overview of international treaties on compensation for nuclear damages and
systems in place in several Asian countries including Japan for compensation for nuclear
damages, as well as an evaluation of what compensation systems MNA facilities should
follow.
4)-1 International treaties on compensation/liability for nuclear damages There are international treaties on compensation for nuclear damages, including those
given in the table on the following pages. These treaties all include minimum standards and
requirements for liability for nuclear damages, including no-fault liability for compensation
for nuclear damages, focused liability for nuclear operators, maximum liability amount,
obligation to assure funds available for compensation measures, and establishment of
specialized court jurisdiction and obligation to recognize and carry out court decisions.
In Asia, only Russia, Kazakhstan and the Philippines are signatory to the Vienna
Convention, and many Asian countries including Japan, South Korea and China are not
signatory to any international treaties. The reasons for Japan not being signatory to a treaty
are that, before the Fukushima accident, it was thought unlikely that a nuclear accident would
occur in Japan, and that if a nuclear accident in a neighboring country caused damages then
according to international treaties the venue of the case would be in the country the accident
occurred in (Article 32 of the Japanese Constitution guarantees the right to a trial), and
countries neighboring Japan such as South Korea, China and Taiwan are not signatory to
international treaties either.
The systems of compensation for nuclear damages of major nuclear-capable states in
Asia are given in Table 6.7.
The systems of compensation for nuclear damages in Asian countries vary significantly
by country, with Japan being the only one of the advanced nuclear countries to have unlimited
liability for operators, as well as the compensation amount for Japan being ¥120 billion (for
nuclear power plants over 10,000 kilowatts and for reprocessing facilities. Amounts are set
by cabinet order depending on the type and scale of the facility) which is approximately 4.7
times that of Taiwan and 27 to 28 times that of South Korea and China. However, estimates
made at the Energy and Environment Conference in 2011 gave a minimum of approximately
¥5.7 trillion for compensation for a nuclear accident39
, significantly surpassing the amount of
compensation measures even for operators in Japan.
39
‘Minimum Compensations for Nuclear Accident, ¥5.7 Trillion… Cost Study’, Yomiuri Online 06/12/2011 22:01,
http://www.yomiuri.co.jp/atmoney/news/20111206-OYT1T01216.htm (Accessed: 29/01/2013)
72
Table 6.6 Principal Treaties on Compensation for Nuclear Damages40
40 Excerpt from MEXT homepage http://www.mext.go.jp/b_menu/shingi/chousa/kaihatu/007/shiryo/08081105/004/001.pdf (Accessed: 28/01/2012)
Revised Paris Convention Revised Vienna Convention Convention on Supplementary Compensation (CSC)
Signatory
States
Signed by 15 states, mainly by EU member states such as France,
Germany, Italy and the UK who had signed the old convention +
Switzerland. Adopted in 2004, not entered into force
9 states including Argentina, Belarus, Latvia, Morocco and
Romania, adopted in 1997, entered into force in 2003
Argentina, Morocco, Romania, and the USA (4 states,
USA ratified in May 2008) adopted in 1997, not entered
into force (Conditions to enter into force: Ratification by 5
states and nuclear reactors total output of 400 million or
more KW)
Nuclear
Damages
Death or bodily harm
Loss of or damage to property
The following, as decided by the laws of the court of jurisdiction:
Economic loss
Costs for repairing environmental damage
Loss of income due to environmental damage
Cost of preventative measures and loss or damage that occurs
as a result of those measures
Death or bodily harm
Loss of or damage to property
The following, as decided by the laws of the court of
jurisdiction:
Economic loss
Costs for repairing environmental damage
Loss of income due to environmental damage
Cost of preventative measures and loss or damage that
occurs as a result of those measures
Economic losses due to factors other than environmental
pollution covered by general law with civil liabilities
Death or bodily harm
Loss of or damage to property
The following, as decided by the laws of the court of
jurisdiction:
Economic loss
Costs for repairing environmental damage
Loss of income due to environmental damage
Cost of preventative measures and loss or damage
that occurs as a result of those measures
Economic losses due to factors other than
environmental pollution covered by general law with
civil liabilities
Applicabl
e Range
States signatory to the Vienna Convention and Joint Protocol, but
not the Paris Convention
When a nuclear accident occurs, non-member states without their
own territory or nuclear facilities
Other non-member states with nuclear liability laws with similar
mutually beneficially protections based on the same principles as
this convention
Applies to nuclear damages in territories of non-member states
However, if there is a nuclear facility in that territory or its
exclusive economic zone have a nuclear facility at the time of a
nuclear accident, and also they are not providing similar
reciprocal benefits at the time of accident for damages to
non-member states, exemptions from this convention can be
made in the laws of the state with the facility
In principle, applies to nuclear damages within the
territory of a signatory state.
Does not apply to nuclear damages in the territories of
non-member states.
Type of
Liability
No-fault Liability
Liability
Focus
Liability is focused on the operators. However, national laws can be implemented to make transportation operators liable under certain conditions.
Reasons
for
Exemption
Armed conflict, hostilities, civil war or insurrection Armed conflict, hostilities, civil war or insurrection
Armed conflict, hostilities, civil war or insurrection
Unusually large natural disaster
Liability
Amount
(Compensat
ion
Measures)
The amount of liabilities for one accident will be no lower than
€700 million (approx. ¥114.6 billion).
However, new member states may, for up to 5 years from the
acceptance date in 2004, make laws so the value is no lower than
€350 million.
The amount of liabilities for one accident will be no lower than
300 million SDRs (approx. ¥51.3 billion). However,
exceptions are given below.
Value no lower than 150 million SDRs (when the state is
guaranteeing up to 300 million SDRs from public funds).
For 15 years from entering into force, states that have difficulty
acquiring the liability amount may set it at 150 million SDRs
The amount of liabilities for one accident will be no
lower than 300 million SDRs (approx. ¥51 billion).
However, exceptions are given below.
As an interim measure, for up to 10 years the amount can
be set at 150 million SDRs or more
Measures
for Smaller
Amounts
Low-risk nuclear facilities: €70 million (approx. ¥11.5 billion)
Transport: €80 million (approx. ¥13 billion)
* The difference with the liability amount must be covered by
public funds.
5 million SDRs or more (approx. ¥850 million)
* The difference with the liability amount must be covered by
public funds.
5 million SDRs or more (approx. ¥850 million)
* The difference with the liability amount must be
covered by public funds.
Compens
ation
Measures
Insurance, other financial guarantees
73
National
Support
Supplements for the difference between liability amounts and compensation measures/ smaller amounts
Contributi
ons
If large scale nuclear damages occur, amounts over 300
million SDRs (approx. ¥51.3 billion) or the amount
registered with the IAEA by the member state will be
supplemented by funds prepared by all member states
based on specific calculations.
[Supplementary Funds: The total of values below]
- Capacity ratio of nuclear facilities in country with
facilities
= nuclear reactor output 1MW×300SDR
- 10% of the capacity ratio of nuclear facilities given
above
= divided based on share of UN expenses
Court
Jurisdiction
As a rule, jurisdiction will rest with the courts of the member state territory (including EEZs) where the nuclear accident occurred. When the accident occurs outside of member state territories or
the accident location cannot be determined, the facility state courts will have jurisdiction.
74
Table 6.7 Systems of Compensation/Liability for Nuclear Damages of Major Nuclear-capable States in Asia
Member
of
Internatio
nal
Treaties
Liability of Nuclear
Operators Liability Amount
Government Supplements (when
operator cannot compensate for
damages over liability amount)
Exemptions for Operators
Japan × Unlimited Liability ¥120 billion yen41
Available. Given in cases where the
liability amount exceeds
compensation measures.
Government supplements are
unlimited.
Social unrest
Unusually large natural
disaster
South
Korea42
×
Limited liability,
operator liable for 300
million SDRs (approx.
¥51.3 billion yen)
50 billion won
(approx. ¥5.1 billion)
Available. Given in cases where the
liability amount exceeds
compensation measures.
International military conflict,
enemy actions, civil war or
rebellion
China4
8
× Limited liability,
operator liable for 300
million yuan (approx.
¥4.55 billion yen)
300 million yuan
(approx. ¥4.55 billion
yen= operator
liability amount)
Available. Given in cases where the
liability amount exceeds
compensation measures, but
government supplements are limited
to 800 million yuan (approx. ¥12.13
billion).
Social unrest
Unusually large natural
disaster
Taiwan48
× Limited liability,
operator liable for 4.2
billion TWD (approx.
¥14.5 billion yen)
4.2 billion TWD
(approx. ¥14.5 billion
yen = operator
liability amount)
Financing will be available when
insurance and financial guarantees do
not cover the liability amount.
Necessary measures will be taken for
major nuclear accidents
International conflict, civil
war
Severe disaster
Russia43
Member
of
Vienna
Limited liability,
operator liable for 5
million dollars (approx.
5 million dollars=
operator liability
amount
Available. The government will
provide the necessary amount to
operators
(under investigation)
41 For nuclear power plants over 10,000 kilowatts and for reprocessing facilities. Facilities processing or using plutonium or HE uranium are ¥24 billion, facilities processing or using LE
uranium are ¥4 billion, SF storage facilities are ¥24 billion, vitrified waste burial/management facilities are ¥24 billion, LLW burial/management facilities are ¥4 billion. 42METI homepage, http://www.meti.go.jp/committee/materials2/downloadfiles/g81209c06j.pdf (Accessed: 28/01/2013) 43Russian Federal Law “On the use of nuclear energy”(N170-FZ, 1995), Russian Federal Law “On the radiation safety of the population” (N3-FZ, 1996)
75
Conventi
on
¥450 million)
Kazak
hstan44
Same as
above
Limited liability, no set
operator liability amount
No amount is
specified
Not stipulated Not stipulated
Vietna
m50
× Limited liability, 150
million SDRs
150 million SDRs
(=operator liability
amount)
Not stipulated (fund system exists) Damages as a result of war,
terrorism, or natural disasters
greater than the security
measures required by
international standards
Philipp
ines48
Member
of
Vienna
Conventi
on
Limited liability,
liability amount of 5
million dollars (approx.
¥530 million)
The types and
conditions of
insurance and other
financial guarantees
are regulated by the
Atomic Energy
Commission
Available. Funds up to the liability
amount will be provided when
insurance and financial guarantees do
not cover the liability amount. The
limited amount is 5 million dollars
(approx. ¥530 million)
Armed conflict, war, civil
war, riots
Severe disaster
Indone
sia48
Signed
CSC (not
ratified)
Limited liability, 900
billion rupiahs (approx.
¥10.2 billion)
(under investigation) No specific stipulations in Indonesian
law
International armed conflict,
civil war
Severe natural disaster
Malays
ia48
× Limited liability, 50
million ringgit (approx.
¥1.64 billion)
The types and
conditions of
insurance and other
financial guarantees
are determined by the
Atomic Energy
Commission
Available. Funds up to the liability
amount will be provided if necessary
when insurance and financial
guarantees do not cover the liability
amount. The limited amount is 50
million ringgit (approx. ¥1.64 billion)
Armed conflict, war, civil
war, riots
Severe disaster
44Law on Atomic Energy Use (Law of the Republic of Kazakhstan 93-I)
76
4)-2 Proposal for and evaluation of nuclear damage compensation systems at
MNA facilities This section, assuming the international treaties on nuclear damage compensation
above and creating MNA in Asia, proposes the following system for compensation for
nuclear damages.
Table 6.8 Proposal for Nuclear Damage Compensation Systems at MNA Facilities
MNA Applicable Laws
(In Principle) Other Requirements
Type
A
Laws of Partner
State Member states sign international nuclear damages
compensation treaty (Convention of Supplementary
Compensation (CSC)) Type
B Laws of Host State
Type
C Laws of Site State
Same as above
Establish limited liability for operator
compensation liability and state support
Establish special provision for compensation
amount claims to other investors and the states they
belong to, or if signatory to CSC establish a nuclear
damages compensation fund by MNA member state
operators as a temporary measure until CSC
supplementary compensation is provided
Items in Common for MNA Facility Types A-C:
As a rule, Type A, B and C MNA facilities will follow the nuclear compensation
laws for the partner, host or site state that has them. If the state is signatory to an
international treaty on compensation for nuclear damages, then that treaty will
apply.
Assuming the creation of MNA in Asia, many states in the Asia region including
Japan, South Korea and China are not members of any international treaties on
compensation for nuclear damages and compensation amounts vary by state,
meaning there is a lack of procedures to handle nuclear accidents with damages
crossing borders, and so MNA member states will sign international treaties. The
treaty to be signed will be the CSC. The CSC is not yet in force, but assuming the
creation of MNA in Asia, if Japan signs the CSC then it will come into force.
Type C Facilities:
For Type C facilities according to the Act on Compensation for Nuclear Damages
the MNA local corporation established through investment by MNA member state
operators will be considered the operator, and the site state will be responsible as
the state with the facility.
If allowed by the laws of the site state, a special provision can be signed by the
MNA local corporation, MNA member state operators, the site state, other MNA
states and the AMMAO so that the local corporation and site state would receive
claims for nuclear damage compensation at a predetermined percentage from MNA
member state operators and other MNA member states. Alternatively if the site
77
state is signatory to the CSC, a pledge could be made to create a pool of funds for
nuclear damages compensation up to a certain amount through contributions from
MNA operators. In either case, limited liability will be prescribed for both
operators and site states.
The above proposal is evaluated below.
For MNA facility Types A-C, in particular including site states and MNA local
corporations established by multiple MNA member state operators, having the facility
operator considered the operator and the partner/host/site state the state with the facility
according to the Act on Compensation for Nuclear Damages focuses liability and
follows the basic principle in the Act on Compensation for Nuclear Damages of
focusing liability on the operator.
Assuming the creation of an MNA model in the Asian region, the following merits
exist for joining the same international nuclear damages compensation treaty that
nearby MNA member states are signatory to;45
Only the state where the accident occurred has jurisdiction in that territory, so
proceedings will not be carried out in other signatory states, and rapid and fair
compensation can be carried out under common rules (however, there exists the
demerit that if states near the one where the accident occurred suffer cross-border
damages, these neighboring states would have to carry out proceedings in the
jurisdiction of the state where the accident occurred)
Substantial compensation safeguard amounts and unified judicial proceedings in the
state the accident occurred. Eliminate unfair compensation between states.
When signatory to an international treaty with international fund measures available,
the operator can cover some of the compensation with contributions from other
signatory states, contributing to the protection of injured parties
Considering which of the above international treaties on compensation for nuclear
damages is most desirable assuming the establishment of an MNA in the Asian region,
the revised Paris Convention targets western European countries, and the revised Vienna
Convention only has a few signatory states (as of March 2011, 38 states had signed the
Vienna Convention). Although the CSC is not yet in force, for functionality and as a
source of funds if large scale nuclear damages occur, amounts over 300 million SDRs
(approx. ¥51.3 billion) or the amount registered with the IAEA by the member state will
be supplemented by funds prepared by all member states based on specific calculations,
which is similar to the fund procurement method for Type B and C MNA facilities
invested in by multiple states. The liability amount for the CSC is also set lower than
that for the revised Vienna or Paris Convention, and has exemptions for nuclear
damages from unusually large natural disasters, making it easier for both states newly
introducing nuclear reactors and advanced nuclear states such as Japan and South Korea
to sign the convention. Therefore, of the three treaties on nuclear damage
compensation above the CSC is the most appropriate international treaty for an MNA in
45Katsuhiko Tomino, “Framework of International Treaties on Nuclear Damages Compensation - Necessity of
International Treaties and Characteristics of 3 Types of International Treaty”, Atomos 2012.8、
http://www.aesj.or.jp/atomos/tachiyomi/2012-08mokuji.pdf (Accessed: 08/02/2013)
78
Asia. As mentioned above, it would be necessary for all neighboring MNA member
states to join the treaty at the same time and bring the treaty into force.
In the case that a Japanese operator caused a nuclear accident with cross-border
damages and the compensation amount including domestic amounts was greater than
the compensation safeguard amount, the operator is supposed to pay the damages
amount but in cases where that is not possible the government would provide aid after
passing a motion in the Diet (Act on Compensation for Nuclear Damages, Article 16).
If Japan was member to the CSC, then it would be possible to use supplementary funds
from all CSC member states for the amount surpassing compensation safeguards, with
50% of those funds used for compensation of cross-border damages. Similarly, if an
accident in another country caused cross-border damages within Japan, if the operator
of the accident belonged to a state that was a CSC member then compensation for
damages exceeding the amount of compensation safeguards could be paid from CSC
supplementary funds. In the Asian region in particular, despite the Fukushima nuclear
accident the trend towards newly introducing nuclear power or expanding its use
continues except in Japan, making it desirable that both advanced nuclear states and
states newly introducing nuclear reactors all sign onto the same international treaty46
.
However, the Japanese government remains tentative, saying there it is important to
sign onto a treaty, but there is a need to reform domestic laws to do so47
.
The operator for Type C MNA facilities is the MNA local corporation, but in
addition to the host state operator, operators from MNA member states have also
invested. If the nuclear damages compensation laws of the site state allow it and the
operators of the site state and investing operators from other MNA member states agree,
a special provision could be signed so that after the site state operator makes
compensation payments in the case of a nuclear accident according to the laws of the
site state, they may make claims to the other MNA member state operators for an
amount of the compensation paid. Similarly, if the site state and the states the MNA
operators belong to agree, a special provision could be signed so that after the site state
makes compensation payments according to the laws of the site state, they may make
claims to the other MNA member states for an amount of the compensation paid. Type
B MNA facilities are also invested in by operators from states other than the host state,
but Type B MNA facilities have precedents in the LEU storage of Russia’s IUEC
uranium enrichment center and the URENCO English, Dutch and German facility
which do not have special provisions such as those mentioned above, and host state
operators take all liability.
Additionally for Type C MNA facilities, if the site state has unlimited liability for
operators such as Japan does, the operator must pay compensation until they are
46For example, IAEA Deputy Director General Flory’s remarks at the JAEA “International Forum on Peaceful Uses
of Nuclear Energy and Nuclear Security - Lessons from the Fukushima Accident at the Seoul Nuclear Security
Summit-“ (8-9 December, 2011), http://www.jaea.go.jp/04/np/activity/2011-12-08/report.html (Accessed:
29/01/2013) 47Atomic Energy Commission Homepage
http://www.aec.go.jp/jicst/NC/iinkai/teirei/siryo2012/siryo32/siryo3.pdf (Accessed: 28/01/2012). If Japan
joins the CSC, domestic systems to handle contributions of funds and receipt of funds, procuring public funds for
compensation safeguards, and civil law systems will need to be adjusted for consistency, and international
transportation and other factors must be considered.
79
bankrupt, and if a special provision such as that mentioned above existed other
operators would also have to continue compensation. According to the Japanese Act
on Compensation for Nuclear Damages, if the operator does not have enough funds for
compensation then the site state will likely provide support for the operator, in which
public funds (taxes) may be used by the site state, and MNA member states may receive
claims for these funds. Therefore, considering the positions of operators outside the
site state and that of the state the relevant operator belongs to, it is necessary that the
laws of the site state have limited liability for operators and states with facilities.
Even if all MNA member states joined the CSC at the same time, if large-scale
nuclear damages occurred then the MNA operator would have to cover up to the “300
million SDRs or the amount registered with the IAEA” to receive supplementary funds.
In that case for Type C MNA facilities, the site state operator could make claims after
compensating MNA member state operators, but if for example MNA member state
operators created a nuclear damages compensation fund in advance on the basis of the
agreed amount, then compensation could be carried out until the supplementary funds
were available. This is similar to the mutual aid system that exists in the American
Nuclear Industries Indemnity Act (Price-Anderson Act). The mutual aid system
mentioned here likely responds more quickly than the claiming system mentioned
earlier, but it is necessary for the main body of the MNA (AMMAO) to collaborate with
site state operators and site states when it comes to compensation for nuclear damages.
Figure 6.1 Mutual Aid System for Type C MNA Facilities in Particular Until CSC
Supplements Are Functional
Many states are also taking the necessary measures to exempt operators from
liability if a nuclear accident occurs due to social unrest and/or unusually large natural
disasters. The CSC also provides exemptions for “Armed conflict, hostilities, civil war
or insurrection or a grave natural disaster of an exceptional character”. Therefore, in
cases such as these where the operator is exempt from liability, the mutual aid system
between operators mentioned above would be changed into a mutual aid system
between states, with states that the operators belonged to establishing the fund.
Injured Party, Injured Business
Payment Claim
Mutual Aid System
Issuing Funds MNA Local Corporation MNA Nuclear
Damages
Compensation
Organization (Control
Pooled Funds)
Contribution
s MNA Member State Business
MNA Member State Business
MNA Member State Business
MNA Member State Business
80
5) Export controls
5)-1 Treaties and guidelines regarding export controls
Export controls are an important aspect of nuclear non-proliferation, as are
safeguards and nuclear security measures.
Doctor A.Q. Khan is known as the father of nuclear research in Pakistan, said to
have stolen uranium enrichment technology from a Dutch URENCO subsidiary MNA
facility to build nuclear bombs in Pakistan which led to the creation of a “nuclear black
market”. Uranium enrichment technology and devices as well as technology for
producing nuclear weapons was then sold from Pakistan to Asia, the Middle East and
Africa and from there to North Korea and Iran, contributing to uranium enrichment and
nuclear weapons development in those countries. This shows how critical export
controls in each country are to nuclear non-proliferation.
A set of guidelines on export controls for nuclear materials and technology that
carry no legal obligations for member states (a gentleman’s agreement) are the Nuclear
Suppliers Group (NSG) Guidelines48
. The NSG Guidelines cover rules that should be
followed when a nuclear supplier stat is exporting nuclear materials or technology to a
non-nuclear state, and are composed of NSG Guidelines Part 1 on Nuclear Transfers
and NSG Guidelines Part 2 on Transfers of Nuclear-Related Dual-Use Equipment,
Materials, Software and Related Technology. For recipient states, government
assurance is required of confirmation of the application of IAEA full-scope safeguards,
peaceful use of the materials transferred, protective safeguards of the material
transferred, and in the case the material is transferred again the same assurances are
required of the recipient state in that transfer.
As of September 2012, the NSG has 46 member states49
, with Japan, South Korea,
China, Russia and Kazakhstan as its Asian members, and in Japan’s case the NSG
Guidelines are guaranteed in the Foreign Exchange and Foreign Trade Act. The NSG
Guidelines also suggest that for transfers of facilities, equipment or technology related
to enrichment or reprocessing that safeguards should involve the supplier state and
multiple other states, encouraging international efforts for regional fuel cycle centers
shared between multiple states, and encourages an MNA for the transfer of uranium
enrichment and reprocessing technologies (Paragraph 6(e)).
In the June 2011 revision to the NSG Guidelines, compared to the transfer of other
nuclear materials and technology, special conditions were set for the export of sensitive
facilities, equipment and technology (enrichment/reprocessing) such as uranium
enrichment and reprocessing, as indicated below (NSG Guidelines Paragraph 6:
Transfer of Enrichment and Reprocessing Facilities, Equipment and Technology).
Uranium enrichment related transfers in particular have special guidelines (Paragraph 7:
Arrangements for Enrichment Facilities, Equipment and Technology). In the previous
guidelines, the NSG only went so far as to state they would act with restraint in
exporting enrichment and reprocessing related items.
48 INFCIRC/254/Rev.11/Part 1, Date: 12 November 2012 49As of September 2012, there are 46 member states with NPT non-member states not members
81
If the recipient state does not fulfill all the following conditions, the supplier state
will not permit the transfer of enrichment or reprocessing related items (Paragraph
6(a), objective criteria).
Member of NPT, fulfilling NPT obligations
IAEA reports have no mentions of major safeguard agreement infractions, no
additional measures have been requested by decisions of the IAEA committee
regarding fulfillment of safeguard obligations or building trust for peaceful
uses of nuclear energy, no report from IAEA Secretariat that fulfillment of
safeguard agreement is not possible
Reported to the UN Security Council that NSG Guidelines are being followed
and export controls are being carried out according to Resolution 1540 of the
UN Security Council
Entered into an agreement between governments with the supplier state
guaranteeing non-explosive use, perpetual safeguards and guidelines on
re-transfer
Supplier state commitment to a mutual agreement on physical protection
measures for the nuclear materials based on international guidelines
A commitment to IAEA safety standards and having an international treaty on
nuclear safety in force
If the recipient state can fulfill the above conditions, then aside from the
subjective criteria of the supplier state listed below (‘take into account any relevant
factors’’ when the supplier state is determining whether or not to allow transfer (second
half of Paragraph 6(b)), the Guidelines indicate the possibility of transfer for enrichment
and reprocessing items. The agreements for uranium enrichment facilities, equipment
and technology as stipulated in Paragraph 7 are given below.
The recipient state has in force a full-scope safeguards agreement and additional
protocols, or if these are not in force then an appropriate safeguard agreement
(including regional agreements on nuclear material measurement controls)
recognized by the IAEA committee and carried out with IAEA cooperation
(Paragraph 7(c))
Transfer of an enrichment facility (existing enrichment facility) based on a
particular enrichment technology which has been demonstrated to produce enriched
uranium on a significant scale as of 31 December 2008 will be carried out by
blackbox method50
(Paragraph 7(b)). Blackbox method transfers of new base
plants for uranium enrichment before they are put into use are allowed (Paragraph
7(c)).
Supplier and recipient states should work together to ensure that the design and
construction of transferred facilities facilitates implementation of IAEA safeguards
(Paragraph 7(e)).
Suppliers should satisfy themselves that recipients have security arrangements in
place that are equivalent or superior to their own (Paragraph 7(f)).
If the guidelines above are followed, then transferring existing uranium enrichment
50The London Guidelines do not explicitly use the term ‘blackbox method’, and instead state ‘do not permit or enable
replication’.
82
technology to new facilities will be done with the blackbox method.
5)-2 Ban on imports of radioactive waste for disposal purposes
For the receipt (import) of spent fuel and radioactive waste, the Joint Convention
on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste
Management mentioned above has the following guidelines.
Ultimate responsible for the safe management of SF and radioactive waste is
the obligation of the state (Preamble (vi))
As long as safe management can be carried out, radioactive waste should be
disposed of in the state that produced it (Preamble (xi), first paragraph)
Every state has the right to refuse the import of SF or radioactive waste from a
foreign state into their territory (Preamble (xii))
In the case that radioactive waste is produced from joint ventures, then under
an agreement between the states facilities in one state can aid in the safe and
efficient management of SF and radioactive waste from the other states (Preamble
(xi), provisions)
For the last point, MNA facilities can also be interpreted as being able to manage
SF and radioactive waste produced in other MNA member states if the MNA member
states are in agreement51
.
The Southeast Asian Nuclear-Weapon-Free Zone Treaty (Bangkok Treaty) that ten
Southeast Asian states52
are members of bans the dumping or emission of radioactive
materials or waste into the atmosphere, sea, or land territories within the zone. The
Central Asian Nuclear-Weapon-Free Zone Treaty (Treaty of Semey) that five Central
Asian states including Kazakhstan53
are members of bans the disposal within member
state territory of radioactive waste produced in other states. Therefore, if members of
these treaties are part of the MNA, it would not be possible to dispose of radioactive
waste from other states within the territories of those states.
There are also countries with national or state laws regulating the transportation of
SF. For example, according to Russian law temporary storage and reprocessing of SF
brought into Russia from other states is allowed, either returned without reprocessing to
the originating state after storage, or reprocessed and returned together with the waste.
5)-3 Proposal for and evaluation of export control systems for MNA
Considering the items mentioned above, this section proposes the following export
control system.
51The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste
Management defines ‘radioactive waste management’ as ‘activities related to the handling, pre-processing, processing,
manipulation, storage or disposal of radioactive waste (including decommissioning), including emissions, excluding
transport off-site’, and defines ‘spent fuel management’ as ‘activities related to the handling and storage of spent fuel,
including emissions, excluding transport off-site’. 52Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and
Vietnam 53Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan
83
Table 6.9 Proposal of Export Control System for MNA Facilities
MNA Applicable Laws
(In Principle) Other Requirements
Type
A
Laws of Partner
State
Comply with NSG Guidelines (excluding subjective criteria
for supplier states (NSG Guidelines Part 1 Paragraph 6(b)
latter half)
Understand that as a rule responsibility for disposal of
radioactive waste lies with the state that made it.
Handling of SF and radioactive waste is to comply with the
Convention on the Safety or Radioactive Waste
Management and nuclear weapon free zone treaties
Standardization of export control systems for nuclear
resources in member states
*However, partner/host states that fulfill the requirements for
site states will treat them all as 1 state, and not consider the
transfer of nuclear materials between member states as
international transfer
Type
B Laws of Host State
Type
C Laws of Site State
Same as above
*In addition to site states that have Type C facilities,
partner/host states that fulfill the requirements for site
states will treat them all as 1 state, and not consider the
transfer of nuclear materials between member states as
international transfer
Items in Common for MNA Facility Types A-C:
Since the MNA facilities for Types A-C are under the jurisdiction of each
partner/host/site state, as a rule they will follow the export controls of those states.
The partner/host/site states that have Type A-C MNA facilities, the nuclear will
comply with NSG Guidelines for export of nuclear resources (excluding subjective
criteria for nuclear supplier states).
MNA member states will comply with the Joint Convention on the Safety of Spent
Fuel Management and on the Safety of Radioactive Waste Management, comply
with nuclear weapon free zone treaties, understand that as a rule responsibility for
disposal of radioactive waste lies with the state that made it, and not transfer
(export) radioactive waste to other states. Keeping that in mind, MNA member
states will attempt to standardize export control systems.
In addition to the items listed above, partner/host states meeting requirements for
Type C MNA facilities will, along with site states that have Type C MNA facilities,
treat these as being 1 state, and not consider the transfer of nuclear materials
between member states as international transfer.
The above proposal is evaluated below.
MNA member states comply with NSG guidelines for export of nuclear resources
but excluding supplier subjective criteria for the transfer of enrichment or reprocessing
84
items (NSG Guidelines Part 1 Paragraph 6(b), latter half), the following approaches can
be taken.
The phrase ‘take into account any relevant factors’ in the subjective criteria is not
defined, and the supplier state is free to interpret it as they like in order to refuse the
transfer of enrichment or reprocessing items. Therefore, for MNA uranium
enrichment and reprocessing facilities, considering that the NSG Guidelines suggest
this type of facility for the transfer of sensitive technology (NSG Guidelines
Paragraph 6(e)) the subjective criteria will be excluded, increasing the possibility
that transfer of uranium enrichment and reprocessing items and technology be
allowed due to the recipient state fulfilling the objective criteria.
With the measures mentioned above, in addition to carrying out non-proliferation as
is the goal of the NPT, it also guarantees the unalienable right of NPT member
states to peaceful uses of nuclear energy stipulated in Article 4 of the treaty.
By standardizing export control systems, it will become possible to more quickly
issue approvals for import/export, transport and passage of nuclear materials between
MNA member states (states sending nuclear materials, recipient states and states
included in the transport route), ensuring the timely and smooth transport of nuclear
materials. With MNA nuclear fuel cycle facilities, the number of facilities will be
limited but the more MNA member states there are the greater the volume and quantity
of shipments of nuclear materials will be, making the rapid acquisition of import/export
approval vital. However, if states that are not MNA members exist on the transport
route, then other export control systems will be necessary, and the regulations in place
in the system of that state will have to be followed.
Also, by treating those MNA member states (partner/host/site states) that fulfill
the requirements for Type C MNA facilities as a single state, and not regarding transfers
of nuclear material between those states as international transfers, it would mean that
between MNA member states the processes for international transfer of nuclear
materials based on existing bilateral nuclear cooperation agreements would no longer be
necessary, nor the prior approval of the nuclear supplier state or a note verbale regarding
the end user as long as nuclear materials stopped within an MNA member state. This
would contribute to a reduction of workload and time savings for supplier states,
recipient states and operators.
Additionally, the bilateral nuclear cooperation agreements that would have been
necessary between individual MNA member states and MNA non-member states
regarding nuclear materials and providing services could instead be handled by bilateral
agreements between non-member states and the AMMAO acting as a representative for
MNA member states as a whole (for details, see the next section on bilateral nuclear
cooperation agreements). The paperwork between MNA member states and
non-member states based on these bilateral agreements would all be handled by the
AMMAO, as well as eliminating the need for member states to get individual
permission from each MNA non-member supplier state for nuclear material
reprocessing and transfers. Export controls would also all be handled by the AMMAO
for export control with MNA non-member states. Overall, this would significantly
reduce the amount of procedures and the complexity and time required by them for
MNA member states.
85
6) Bilateral nuclear cooperation agreements
As mentioned above, regarding transfer of nuclear resources to
nuclear-weapon-free states the NSG Guidelines require of that government assurance of
1) application of IAEA full-scope safeguards, 2) peaceful use of the materials
transferred, 3) protective safeguards of the material transferred, 4) in the case the
material is transferred again the same assurances are required of the recipient state in
that transfer. For the export of sensitive facilities, equipment and technology such as
uranium enrichment and reprocessing in particular, there are special conditions. Many
nuclear supplier states enter into bilateral nuclear cooperation agreements with the
recipient state considering these guidelines, and confirm that 1) to 4) above are being
followed by the state government. From the perspective of ensuring peaceful uses of
nuclear energy and nuclear non-proliferation, bilateral nuclear cooperation agreements
are entered into to ensure that the recipient state is legally obligated to peacefully use
the nuclear materials and major nuclear related materials and technology such as nuclear
reactors transferred to them54
.
6)-1 Existing bilateral nuclear cooperation agreements
Currently, the following bilateral nuclear cooperation agreements exist between
the major nuclear supplier states and Asian states newly introducing nuclear power.
Table 6.10 Bilateral Nuclear Cooperation Agreements between Major Nuclear Supplier
States and Asian States55
USA RUS UK FRA CAN AUS EURAT
OM
Kazakhstan JAP KOR CHN Indonesia Vietnam
USA56 ― ✔ * * ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ Memo
Russia ✔ ― ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ UK57 * ✔ ― ✔ ** ✔ ― ✔ ✔ ✔ ✔ France * ✔ ✔ ― ** ✔ ― ✔ ✔ ✔ ✔ ✔ ✔ Canada ✔ ✔ ** ** ― ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ Australia ✔ ✔ ✔ ✔ ✔ ― ** ✔ ✔ ✔ ✔ ✔ EURATO
M58 ✔ ✔ ― ― ✔ ** ― ✔ ✔ ✔
Kazakhsta
n ✔ ✔ ** ✔ ✔ ✔ ― ✔ ✔ ** **
Japan ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ― ✔ ✔ ✔ ✔ Korea ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ― ✔ ✔ ✔ China ✔ ✔ ✔ ✔ ✔ ✔ ✔ ** ✔ ✔ ― ✔
54MOFA homepage http://www.mofa.go.jp/mofaj/gaiko/atom/topics/jyoyaku.html (Accessed: 21/01/2012),
other 55 James F. Keeley, Department of Political Science and Centre for Military and Strategic Studies, University of
Calgary Calgary, Alberta Canada, T2N 1N4, “A List of Bilateral Civilian Nuclear Cooperation Agreements”.
Checkmarks in the table are only for those agreements with ‘peaceful uses of nuclear energy’ in their names. 56USA National Nuclear Security Administration (NNSA) homepage
http://nnsa.energy.gov/aboutus/ourprograms/nonproliferation/treatiesagreements/123agreementsforpe
acefulcooperation (Accessed: 21/01/2012), other 57UK Department of Energy & Climate Change homepage http://www.decc.gov.uk/en/content/cms/meeting_energy/en_security/nonprolif/nuclear_non_pr/agreeme
nts/agreements.aspx (Accessed: 21/01/2012) 58 European Commission homepage http://ec.europa.eu/research/energy/EURATOM/coop/index_en.htm
(Accessed: 21/01/2012)
86
Indonesia ✔ ✔ ✔ ✔ ✔ ** ** ✔ ✔ ✔ ― Vietnam Memo ✔ ✔ ✔ ✔ ✔ ―
✔: Bilateral nuclear cooperation agreement for peaceful uses of nuclear energy exists.
*: The bilateral nuclear cooperation agreement between the USA and EURATOM
includes EURATOM members Australia, Belgium, Bulgaria, Cyprus, the Czech
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland,
Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal,
Romania, Slovakia, Slovenia, Spain, Sweden and the UK
**: Although not overall agreements on peaceful uses of nuclear energy, agreements
exist for specific aspects such as safety or science and technology
As one of the primary nuclear supplier states, based on the “Atoms for Peace”
December 1953 speech at the UN general assembly by American president Eisenhower,
the USA worked towards peaceful cooperation on nuclear energy with various countries.
One of the methods used was to revise the American Atomic Energy Act (AEA) in 1954,
revealing information on nuclear research, allowing civilian possession of nuclear
facilities and materials, the transfer of information and nuclear materials. Up to 1960,
the USA entered into bilateral nuclear cooperation agreements with 44 states59
. After
the Indian nuclear tests in 1974, the Nuclear Non-Proliferation Act in 1978 had Article
123 appended to the AEA, stipulating nine requirements for nuclear non-proliferation to
be included in bilateral nuclear cooperation agreements between the USA and other
states.
(1) Application of perpetual safeguards to all nuclear materials and facilities covered
by the agreement
(2) When cooperating with non-nuclear weapon states, application of IAEA
full-scope safeguards
(3) Assurances that all nuclear materials, facilities and SNTs covered by the
agreement will not be used in explosive nuclear devices, their research or other
military applications
(4) When cooperating with non-nuclear weapon states, should that state carry out
nuclear testing or terminate IAEA safeguards agreements, there exists a right to
claim the nuclear materials and facilities covered under the agreement
(5) Assurance that the nuclear materials and confidential documents covered by the
agreement will not be transferred to a 3rd
party individual or state without consent
by the USA
(6) Application of proper physical protection measures for the nuclear materials
covered by the agreement
(7) Prior consent from the USA from changes to reprocessing, enrichment, state and
contents of the nuclear materials covered in the agreement
(8) Prior consent from the USA for storage of plutonium, uranium-233 and highly
enriched uranium covered by the agreement
59 “Infrastructure Development through Civil Nuclear Cooperation”, Marc Humphrey, Ph.D., Physical
Scientist, U.S. Department of State, First Arab Conference on the Prospects of Nuclear Power for
Electricity Generation and Seawater Desalination, Hammament, Tunisia, June 23-25、2010
87
(9) Apply conditions equivalent to those given above for nuclear materials or
facilities produced or built using the SNTs covered by the agreement
The conditions above are what the USA requires of non-supplier states, but not all
supplier states require these same conditions, and they vary by state.
For example, Japan has entered into bilateral nuclear cooperation agreements with
natural and enriched uranium supplier states such as the USA, Canada, Australia, Russia,
the UK and France, and for (7) of Article 123 of the American AEA regarding uranium
enrichment, the USA requires prior consent, but Canada and Australia require prior
consent only for enrichment over 20% while Russia, the UK and France have no
specific stipulations. For the reprocessing requirement of (7), the agreements with
Canada and Australia have the same prior consent and indication of transfer facility
requirements that the American agreement has, while the agreements with Russia, the
UK and France stipulate nothing. A comparison of the requirements in agreements
between Japan and major nuclear supplier states is shown in the table below, for
uranium enrichment, reprocessing, changes to state or contents, storage of plutonium or
HE uranium and transfer outside of jurisdiction.
Table 6.11 Comparison between Japan and Major Nuclear Supplier States of
Requirements for Uranium Enrichment and Reprocessing
USA Canada Australia Russia UK France
Uranium
Enrichment
Prior
consent
necessary
Prior
consent
necessary
for
enrichment
over 20%
Prior
consent
necessary
for
enrichmen
t over 20%
Not
stipulated
Not
stipulated
Not
stipulated
Reprocessi
ng
Prior
consent
necessary
Prior
consent
necessary
Prior
consent
necessary
Not
stipulated
Not
stipulated
Not
stipulated
Changing
State/Conte
nts
Prior
consent
necessary
Prior
consent
necessary
Prior
consent
necessary
Not
stipulated
Not
stipulated
Not
stipulated
Storage of
Plutonium
or HE
Uranium
Prior
consent
necessary
Not
stipulated
Not
stipulated
Not
stipulated
Not
stipulated
Not
stipulated
Transfer
Outside of
Jurisdiction
Prior
consent
necessary
Prior
consent
necessary
Prior
consent
necessary
Prior
consent
necessary
Prior
consent
necessary
Prior
consent
necessary
Figure 6.2 shows an example of the necessity of prior consent for the movement
of nuclear materials according to bilateral nuclear cooperation agreements. As shown
in the table above, the requirements for each supplier state are different, but the
agreements with the USA, Canada and Australia in particular require prior consent in
the following cases:
88
State A provides natural uranium to State B, State B enriches the uranium and then
provides enriched uranium to State C to fabricate fuel: prior consent from State A is
required
State C fabricates a fuel assembly to provide to State D for its national reactor:
prior consent is required from States A and B
State D transfers SF to State E for reprocessing: prior consent is required from
states A, B and C
State E transfers the plutonium acquired from providing reprocessing services to
State C to fabricate MOX fuel: prior consent is required from States A and B
State D stores SF in State F: prior consent is required from states A, B and C
MOX fuel is stored or used in State G: prior consent is required from states A, B, D
and E
Figure 6.2 Example of Necessity of Prior Consent for Bilateral Nuclear Cooperation
Agreements
Considering the above, the common issues facing Type A-C MNA facilities are
given below.
The necessity of bilateral nuclear cooperation agreements with nuclear supplier
states for the supply of nuclear materials, and the number of agreements: In
principle, the transfer (supply) of nuclear materials between states requires a
nuclear cooperation agreement between the supplier and recipient states.
Therefore, it is necessary to sign bilateral nuclear cooperation agreements between
a) MNA member state nuclear suppliers and recipients, and b) MNA member and
non-member state nuclear suppliers and recipients. However, the more MNA
member states there are and the more MNA member states perform nuclear cycle
services for MNA non-member states, the greater the number of agreements and the
possibility of them conflicting. Also as mentioned above, the specifics of nuclear
燃料集合体
D国(原子炉)
E国(再処理) 使用済燃料
プルトニウム
A国 B国(濃縮)
C国(燃料製造)
天然ウラン 濃縮ウラン
A
B CA
BA
事前同意
BA
F国(使用済燃料貯蔵)
使用済燃料 B CA
G国(MOX燃料貯蔵、MOX燃料利用)
MOX燃料
A EB D
MOX Fuel State G (MOX fuel storage, MOX fuel use)
State A
Natural Uranium
State B
(enrichment)
Enriched Uranium State C (fuel
fabrication)
Fuel Assembly
Plutonium
State E
(reprocessing) Spent fuel
State D
(nuclear reactor)
State F (SF storage)
Spent fuel
Prior Consent
89
cooperation agreements vary by supplier state60
. The fewer agreements the MNA
requires, the smoother the transportation of nuclear materials will become.
Necessary Prior Consent from Supplier States for Reprocessing or Transfer of
Spent Fuel: As shown in the figure above, nuclear material recipient states are
required to receive prior consent from the supplier state for reprocessing, changing
state/content, storing plutonium or HE uranium, and transfers outside jurisdiction of
the materials covered by agreements. Therefore, the greater the nuclear fuel cycle
backend services provided, the more countries will likely become involved in the
nuclear fuel cycle process, requiring more prior consent from various countries.
On the off chance that a country refuses prior consent or a significant length of time
is required for prior consent, it could have a negative effect on the smooth and
efficient operations of MNA member states.
6)-2 Proposal and evaluation for MNA facility bilateral nuclear cooperation
agreements
Solutions to the issues listed above are given in the table below for bilateral
nuclear cooperation agreements for MNA facilities of Types A-C.
Table 6.12 Proposal for MNA Facility Bilateral Nuclear Cooperation Agreements
MNA Applicable Laws (In
Principle) Other Requirements
Type
A Laws of Partner State
A bilateral nuclear cooperation agreement is necessary
for transfer of nuclear materials
For partner states that fulfill the conditions of host
states with Type B facilities, relaxation of prior
consent requirements in the bilateral nuclear
cooperation agreement will be sought similar to that
for host states
For partner states that fulfill the conditions of site
states with Type C facilities, relaxation of prior
consent requirements in the bilateral nuclear
cooperation agreement will be sought similar to that
for site states
60For bilateral nuclear cooperation agreements, the USA in particular does not have the same requirements stipulated
in AEA Section 123 for all recipient states, and has the following double standards. One of these is requiring the
recipient state follow nuclear non-proliferation conditions greater than those stipulated in AEA Section 123. For
example, Article 7 of the bilateral nuclear cooperation agreement between the USA and the UAE stipulates that the
UAE will have no SNT facilities in their territory and will not carry out uranium enrichment or reprocessing, legally
obligating the UAE to abandon uranium enrichment and reprocessing. Another double standard is prior consent for
reprocessing varying by recipient state, with the US-Japan nuclear cooperation agreement granting comprehensive
prior consent when Japan reprocesses materials covered by the agreement in Japan, whereas the US-South Korea
nuclear cooperation agreement does not grant comprehensive prior consent when materials covered by the agreement
are reprocessed in South Korea. Despite South Korea having declared they would not have uranium enrichment or
reprocessing facilities as part of the 1992 Joint Declaration on the Denuclearization of the Korean Peninsula, much as
with the UAE, the USA did not grant comprehensive prior consent for reprocessing in South Korea from the
perspective of nuclear non-proliferation in the Korean Peninsula. Therefore, if MNA member states and the USA
already have bilateral nuclear cooperation agreements and double standards exist in these agreements between the
USA and MNA member states, the MNA may not function smoothly.
90
Type
B Laws of Host State
Same as above
Since compared to Type A facilities more states are
involved in this MNA facility, thus helping nuclear
non-proliferation, prior consent requirements of the
bilateral nuclear cooperation agreement will be
relaxed if possible
Type
C Laws of Site State
As mentioned in the export controls section, MNA
member states will be considered as a single state and
bilateral nuclear cooperation agreements will be made
between AMMAO representing the MNA and MNA
non-member states
Since Type C MNA facilities include bilateral nuclear
cooperation agreement contents in the MNA export
controls agreement (including conditions of the
American AEA Article 123), and include regional
safeguards and enhance nuclear security for
significant nuclear non-proliferation capability, the
bilateral nuclear cooperation agreement will be
relaxed if possible
Type A MNA Facilities:
Unlike Type B and C MNA facilities, Type A MNA facilities do not assume
providing nuclear fuel cycle services. Therefore, as is standard partner states with
Type A facilities that receive nuclear material supplies must have bilateral nuclear
cooperation agreements with both 1.a) MNA member states and 1.b) MNA
non-member states.
However, for partner states that fulfill the conditions of host states with Type B
facilities, or of site states with Type C facilities, relaxation of the bilateral nuclear
cooperation agreement will be sought similar to that for host/site states
Type B MNA Facilities:
Host states with Type B MNA facilities require bilateral nuclear cooperation
agreements when receiving nuclear material supplies, just as Type A MNA facilities
do. However, compared to Type A facilities more states are involved in Type B
MNA facilities and regional safeguards are in place, thus helping nuclear
non-proliferation. Therefore prior consent requirements of the bilateral nuclear
cooperation agreement between the host state and supplier state will be relaxed if
possible
Also, for partner states with Type A facilities that fulfill the conditions of host states,
the same relaxation of prior consent requirements of the bilateral nuclear
cooperation agreement as host states receive will be sought
Type C MNA Facilities:
Compared to Type A and B facilities, Type C facilities have stronger regional
safeguards and nuclear security, for improved nuclear non-proliferation. Also, the
MNA export controls agreement includes items from bilateral nuclear cooperation
agreements (degree of cooperation, conditions of cooperation, limitations for
91
peaceful uses, ban on nuclear explosive devices, application of safeguards,
restrictions on transfer of nuclear materials, definition of regulated SNTs, prior
consent for transfer of nuclear materials under agreement, physical protective
measures for nuclear materials, reprocessing regulations, regulations on changes to
state/content or uranium enriched over 20%, regulations on storage of
plutonium/HEU, etc.), in particular conditions the USA requires in nuclear
cooperation agreements with nuclear-weapon-free states (AEA Article 123
conditions61
).
Therefore, site states with Type C MNA facilities will be considered as one state,
with bilateral nuclear cooperation agreements signed between MNA non-member
states and the AMMAO representing the MNA (see export controls section). Due
to these reasons, prior consent requirements of the bilateral nuclear cooperation
agreement between the site state and supplier state will be relaxed if possible.
Also, for partner states with Type A facilities that fulfill the conditions of site states,
the same relaxation of prior consent requirements of the bilateral nuclear
cooperation agreement as site states receive will be sought.
The proposal above is evaluated below.
Type A MNA Facilities:
Compared to existing single-state facilities, the number of bilateral nuclear
cooperation agreements and prior consent necessary for nuclear materials supplies
will not change for partner states with Type A facilities.
However, compared to existing single-state facilities states with Type A facilities
will have improved regional safeguards and nuclear non-proliferation systems,
which should make it easier to receive prior consent from supplier states with
bilateral nuclear cooperation agreements.
If partner states fulfill the conditions of host/site states, then it should be easier to
receive prior consent similar to host/site states, making the transportation and
supply of nuclear materials smoother than a single-state facility or partner state not
fulfilling host/site state requirements.
Type B MNA Facilities:
The number of bilateral nuclear cooperation agreements and prior consent
necessary for receiving/supplying nuclear materials will not change for host states
with Type B facilities compared to partner states with Type A facilities, but with
more states involved in the MNA facility compared to partner states nuclear
61American AEA Section 123(a) states that the following 9 conditions should be included in nuclear cooperation
agreements with nuclear-weapons-free states. However, since all the agreements made so far have banned the
transfer of SNTs, the final condition has not been included in any agreements.
(1)Nuclear material and equipment (conditions vary by type) transferred to the country must remain under
safeguards in perpetuity, (2)Maintain full-scope IAEA safeguards, (3)Guarantee that transferred nuclear material,
equipment, and technology will not have any role in nuclear weapons development or any other military purpose,
(4)n the event that a non-nuclear-weapon state partner detonates a nuclear device using nuclear material produced or
violates an IAEA safeguards agreement, the United States has the right to demand the return of any transfers,
(5)Guarantee items under agreement will not be transferred to any party not recognized by the USA without prior
consent, (6)Nuclear material transferred or produced as a result of the agreement is subject to adequate physical
security, (7)U.S. prior consent rights to the enrichment or reprocessing of nuclear material obtained or produced as a
result of the agreement, (8)Guarantees that items obtained as part of the arrangement will not be stored in a facility the USA has not recognized prior, (9)The above nonproliferation criteria apply to all nuclear material or
nuclear facilities produced or constructed as a result of the agreement.
92
non-proliferation is improved, making it easier to receive prior consent.
If partner states fulfill host state conditions, that makes receiving prior consent
simpler, making the transportation and supply of nuclear materials smoother.
Type C MNA Facilities:
Since MNA member states are considered as a single state as a whole (MNA
Framework), the number of bilateral nuclear cooperation agreements and prior
consent site states require with MNA non-member states is less compared to
partner/host states with Type A or B facilities. There is also increased nuclear
non-proliferation (safeguards) and nuclear security compared to partner/host states,
and with the observation of conditions for bilateral nuclear cooperation agreements
with the USA included in the agreement establishing the MNA, these states will
have an even easier time receiving prior consent from supplier states with bilateral
nuclear cooperation agreements.
If partner states fulfill the same level as site state conditions, those partner states are
also considered as part of the single state, reducing the number of bilateral nuclear
cooperation agreements and prior consent required. With significant nuclear
non-proliferation functionality, they will have an easier time receiving prior consent
from MNA non-member states. Therefore, transportation and supply of nuclear
materials will be even smoother than in the facilities mentioned above.
4) Summary and Future Issues
This section looked at issues involved in the legal requirements for states with
Type A-C MNA facilities regarding (1) Safeguards, (2) Nuclear Safety, (3) Nuclear
Security, (4) Compensation/Liability for Nuclear Damages, (5) Export Controls and (6)
Bilateral Nuclear Cooperation Agreements.
Type A-C MNA facilities will in principle follow the laws of the state to which
they belong (Type A: partner state, Type B: host state, Type C: site state) in addition to
requirements for the 3S in (1) to (3). States with Type C MNA facilities in particular
will require higher 3S standards than single-state facilities due to the representative
body of the multiple states composing the MNA (AMMAO) holding ownership of the
facility, but due to handling MNA member states as a single state for (5) and (6) and
relaxing bilateral nuclear cooperation agreement requirements, it should help create a
system allowing for effective receipt/supply of nuclear fuel and nuclear fuel cycle
services.
However, the following issues must be solved for (1) to (6).
(1) Safeguards: This section assumed states in the Asian region as MNA members,
and proposed regional safeguards using EURATOM as a model. However,
EURATOM has a history of half a century and is built on the EU base of
consolidated politics, economics, law, legislation and policy. In comparison,
the number of nuclear powers in Asia as well as the diversity of politics,
economies and cultures is bereft of opportunities for consolidation. An
optimal solution must be sought for assuring nuclear non-proliferation with
nuclear uses, and building functional systems for joint nuclear material
measurement controls and inspections.
(2) &(3) Nuclear Safety and Nuclear Security: These 2Ss have long been the
93
purvey of nations, and as (3) Nuclear Security in particular is closely related to
national security issues it is as a rule classified and carried out as a responsible
of the nation. Considering this, cooperation between AMMAO and site
states will have to overcome national rights and nationalism in order to deal
with (2) and (3) through AMMAO reviews (voluntary or obligatory), which
not even EURATOM has handled.
(4) Compensation for Nuclear Damages: As seen in the Fukushima accident, if a
nuclear accident occurs then the cost of damages incurred could rise above
¥10 trillion, as well as the possibility of cross-border damages. With a large
number of businesses and nations involved in MNA facilities as operators and
facility states, limited liability for nuclear damages compensation is
preferable for acquiring a financial base for MNA facilities to operate on.
However, it may not be possible for a country such as Japan with unlimited
liability for operators to change that policy to limited liability in order to join
the MNA, when an accident such as Fukushima has actually occurred and
their exist damages that must be compensated for.
(5) Export Controls: The possibility of standardizing export control systems for
member states. Also, the possibility of treating site states with Type C
facilities and partner states that fulfill site state requirements as a single state.
(6) Bilateral Nuclear Cooperation Agreements: The problem exists of how much
it would be possible to relax spent fuel handling prior consent conditions with
the USA, which supplies Japan and South Korea with a large amount of
nuclear fuel.
The issues above must be individually examined in more detail.
94
6.2 Further study and evaluation from transport (Geopolitics) and economic
perspectives
1) Transport (Geopolitics)
The MNA was evaluated from the perspective of transport (geopolitics). This
study separates cooperative structures into Types A, B and C, but when considering
geopolitics related to the transport of nuclear materials, there are no significant
differences in the 3 types, and instead the feasibility of cooperation between member
states is important. Therefore, issues of cooperation between the states being
considered for members of the MNA international fuel cycle and issues with transport
in those regions will also be considered under a geopolitical lens.
1)-1 Characteristics of the international fuel cycle model viewed
geopolitically
(a) Definition of Geopolitics
In this section, geopolitics is defined as “a method to analyze the actions of a
particular state based on geographical characteristics”. (referring to the definition of
traditional geopolitics by Rudolf Kjellén62
)
Geopolitics originated in 19th
century Germany, but since Nazi Germany used this
theory as a justification for their war to acquire territory (Lebensraum) for the Germanic
people, geopolitics was viewed as taboo after the war and neglected for some time.
In the latter half of the 20th
century, Kissinger and Brzezinski63
started using the
term in the USA, and in the 21st century Federal Reserve Chairman Alan Greenspan
used the term geopolitical risk64
in 2002, casting the spotlight on geopolitics mainly in
America.
Also in the latter half of the 20th
century, criticism of traditional geopolitics being
applied to foreign policy led to the new trend of critical geopolitics, with critical
geopolitics being the focus of most geopolitical research today.
Geopolitics in Japan was influenced by Germany, with interest in geopolitics seen
in Kyoto University in particular before WWII, and geopolitics are now considered to
have been the backbone of the 'Greater East Asia Co-Prosperity Sphere’ ideal behind
the Pacific War65
.
However, after losing the Pacific War geopolitics was thought of as a militaristic
or expansionist theory, and the GHQ banned geopolitical research after the war, which
continued for quite some time.
After entering the 21st century, in 2006 Minister of Foreign Affairs Aso had a
foreign policy based on geopolitical ideas described in Figure 6.3a that he called the
‘Arc of Freedom and Prosperity’66
, and in 2012 Prime Minister Abe announced ‘Asia’s
62 “The study of nations as a geographic organism, or a phenomenon in space”, -Geopolitics- A Map of America’s
Global Invasion, 28/01/2004. Gogatsu-shobo, Shinji Okuyama, p.22 63 “How Brzezinski’s World Works” Zbigniew Brzezinski, Nikkei Newspaper (1997/12), other 64 13/11/2002 Japan- US Federal Reserve Board Committee Chairman Greenspan commenting on economic
recovery “There are geopolitical risks with negotiations with Iraq”, (at US Congress Joint Economic Committee) 65 “The Spread of Geopolitics in Japan: The Signs and Danger in Pre-war Geopolitics”, Daihougaku Kenkyuuka
Junior Research Journal 11, Ken Sato 66 MOFA homepage, 30/11/2006 Foreign Minister Aso’s speech “Creating an Arc of Freedom and Prosperity”
http://www.mofa.go.jp/mofaj/press/enzetsu/18/easo_1130.html Accessed 24/01/2013
95
Democratic Security Diamond’67
, showing a rebirth of geopolitics in recent years.
Figure 6.3a Structure of the Arc of Freedom and Prosperity
In order to look at how much Japan could contribute to an MNA based on
geographical conditions and on what issues would arise when transporting nuclear
materials vital to the MNA, this study will focus on a traditional geopolitical approach.
(b) Geopolitical Stability of Nuclear Energy
When compared to oil reserves, the current energy leader, the facilities necessary
to convert resources to a product (uranium mines, refinement, enrichment, processing,
reprocessing) and transport routes for nuclear power exist in more geopolitically
stable areas.
This is both due to nuclear fuel cycle processes including nuclear power plants
requiring high levels of technology backed up by a broad industrial infrastructure and
in order to acquire SNTs there needs to be a stable domestic government that the
international community trusts to respect international promises for nuclear
non-proliferation and security reasons, meaning the state must be very stable
domestically and abroad in order to take part in the nuclear fuel cycle.
Oil is a significant contrast. Over 50% of confirmed oil reserves are located in the
67 Project Syndicate HP Dec.27.2012 “Asia’s Democratic Security Diamond” Shinzo ABE
http://www.project-syndicate.org/commentary/a-strategic-alliance-for-japan-and-india-by-shinzo-abe Accessed 25/01/2013
Cooperation between Japan, the EU and NATO
Support for democratization
of Eastern Europe in the
‘90s
Support for stability of GUAM states
Support for Community of Democratic Choice
(CDC)
Support for peace and
reconstruction in former
Yugoslavian states
Support for Iraq reconstruction
Stability in
Afghanistan
Increased strategic
relationship with India, the
largest democratic state in the
world
Discussions between Central Asia
and Japan, increased regional
cooperation to support independent
growth
- Universal Values
(freedom, democracy,
human rights, rule of law)
- Consistent pacifism since
WWII.
- Helping young democratic
states.
-> Partnership for
Democratic Development
(PDD)
Japan and CLV
Ministerial
Conference
ASEAN States: Peace and prosperity through
democracy and economic development
->Support for poverty crisis in late ‘90s
Structure of the Arc of Freedom and Prosperity
Expand diplomatic relations
96
Middle East with high country risk, with the rest in South America and Eurasia68
.
Also, since oil transport routes from the Middle East must pass through choke
points (straits, canals) such as the Strait of Hormuz, the Bab-el-Mandeb, the Strait of
Malacca, the Suez Canal, or the Panama Canal, there is high geopolitical risk on the
resource transport route from the supplier state to consumer states.
Oil also has a less efficient conversion ratio from resource to energy, so that more
resources are necessary for the same amount of energy compared to nuclear energy,
meaning the frequency of transportation between supplier and consumer states is that
much higher.
Transporting oil requires passing through regions with high geopolitical risk, so
the chokepoint risk which increases every time a chokepoint is passed also tends to
be high.
In order to avoid chokepoint risk for oil transport, pipelines exist primarily in
some states located on the Eurasian continent, but since uranium cannot be converted
into a liquid or gas form that would allow transport by pipeline, making this option
unrealistic for nuclear fuel transportation.
This differences show how increased diversification of resource importation
sources and risks in transport routes make nuclear energy more geopolitically stable
than oil.
(Note: Looking at uranium reserves by country, the top 10 countries are spread
throughout Europe and Eurasia, Pacific Asia, North America, Africa and South
America instead of being concentrated in a single region.)
68 “Energy White Paper”, 2011. Part 2: Energy Trends, Chapter 2: International Energy Trends.
Section 2: Primary Energy Trends 1.Fossil Fuel Trends
http://www.enecho.meti.go.jp/topics/hakusho/2011energyhtml/2-2-2.html
Figure 6.3b Energy Transport Routes and Chokepoints1
97
1)-2 Geopolitical characteristics of MNA candidate states
From a geopolitical perspective, the MNA participant states looked at in this study can be
divided into the following groups:
a) Land Power States: Russia, Kazakhstan, Mongolia
b) Rimland States: China, South Korea, Vietnam, Thailand, Malaysia
c) Sea Power States (Offshore States): Japan, Indonesia
Figure 6.4 Land Powers, Rimlands and Sea Powers According to Spykman’s Definition69
1)-3 Potential flow of international nuclear fuel cycle
Based on the MNA participant states, the following roles are assumed in our study.
- Uranium Production: Kazakhstan, Mongolia
- Conversion: Russia, Kazakhstan
- Enrichment: Russia, Japan, China
- Reconversion, Fuel Fabrication: Japan, Kazakhstan, South Korea, China
- Nuclear Power Plant Operation: Russia, Japan, Kazakhstan, South Korea, China, emerging
nuclear states (Vietnam, Thailand, Malaysia, Indonesia)
- SF Medium-term Storage: Russia, Kazakhstan
- SF Reprocessing: Russia, Japan, China
(- MOX Storage: Japan, South Korea, China)
In this case, the result would be that the supplier side consists mostly of land power states
(Kazakhstan, Mongolia and Russia) and the consumer side consist mostly of rimland and sea power
states, meaning that as mentioned in the previous section transportation from supplier states to
consumer states would be crucial.
69 Based on page 60 of “Introductory Geopolitics”. 31/07/1981. Hara Shobo, Osamu Kono.
Rimland Power States :Continent Surrounding states
シーパワー国:オフショア
Rimland States: Continental Fringe
ランドパワー国:ハートランド
Land Power States: Heartland
Sea Power States: Offshore
98
When transporting nuclear material, supplier states located inland (if they also handle fuel
processing, then after processes from mining the uranium to processing the fuel) would have to
transport materials overland to ports, then use ships to carry the nuclear materials from the ports to
rimland and offshore consumer states, making the transportation route a combination of land and
sea routes.
Because of this, it is necessary to determine an efficient transportation route considering
conditions of route safety, distance (time) and transfer of cargo for both land and sea routes.
1)-4 Position of Japan in this structure
(a) Geopolitical Perspective
The characteristics of Japan based on Alfred Thayer Mahan’s definition of sea power states70
are given below.
- Positioned far from the Eurasian continent, offshore with a lot of space in the Pacific
direction
- With the 6th highest amount of coastline in the word at 29,751km71, borders with
neighboring countries are all nautical
- There are multiple ports that do not freeze over allowing approaches by large vessels
- The people feel an affinity for the ocean, and there are secondary schools and universities
for training ship crew
- Excellent shipping power (merchant fleet) and a mid-size, well-prepared navy
- Considering the participant states for this international nuclear fuel cycle model, Japan is in
a good geographic position as a hub connecting the land power states (supplier states in the nuclear
fuel cycle) such as Russia and Kazakhstan located near the center of the Eurasian continent with
emerging nuclear states (consumer states) in Asia located at or near the maritime area (offshore) of
the Eurasian continent
Considering the position of emerging nuclear states in Asia where demand for nuclear energy
is likely to increase, Japan is positioned far closer than most other advanced nuclear states
concentrated in Europe and the Americas.
For example, if a circle with a radius of 5000km is drawn centered on eastern Japan, the
central region for Japan’s nuclear cycle, the majority of relevant regions for the emerging Asian
nuclear states being considered in this study fit within that circle, demonstrating how little the
distance is.
Also, the US 7th
Fleet, which has a major role in assuring safety in the waters of Southeast
Asia and the Far East where the emerging Asian nuclear states being considered are located, has
bases in Japan (Yokosuka and Sasebo).
International cooperation based on the Regional Cooperation Agreement on Combating Piracy
and Armed Robbery against ships in Asia (ReCAAP)72
is carried out with Japan in a leading role,
70 “Mahan’s Influence of Sea Power on History”, page 47 onwards. Alfred T. Mahan, 16/06/2008, Hara Shobo. 71 “CIA World Fact Book” (2005) 72 MOFA homepage “ReCAAP:Regional Cooperation Agreement on Combating Piracy and Armed Robbery
against Ships in Asia”, http://www.mofa.go.jp/mofaj/gaiko/kaiyo/kaizoku_gai.html Accessed 23/01/2013
99
and the Japanese Ship Reporting System (JASREP)73
is used to determine ship positions,
demonstrating the central role that Japan plays in cooperation to ensure naval transportation
security in the Far East and Southeast Asia regions.
Since Japan is already involved in multilateral efforts to protect the security of transportation
ships in the region, Japan can be thought of as already having the basis for a security system for
the transportation of nuclear fuel.
(b) Japanese Nuclear Power Infrastructure Perspective
With one of the largest nuclear power industries in the world, Japanese nuclear power
infrastructure has the following characteristics.
- The only nuclear fuel cycle state both in the Asian region and nuclear-weapon-free, Japan
has the technologies necessary for the nuclear fuel cycle from conversion to reprocessing,
and has atomic energy research institutes to support this nuclear fuel cycle.
- Japan has an excellent industrial infrastructure that can support the nuclear energy
technology necessary for the nuclear fuel cycle, and exporting nuclear power materials is
part of a national industrial strategy.
- Key companies in the global nuclear power industry and their partners are located in Japan
(Toshiba (WH), Mitsubishi Heavy Industries (AREVA), Hitachi (GE)).
With Japan being a country with one of the most advanced nuclear energy infrastructures in
the Asian region, it can act as a useful frontline base in the Asian region for advanced nuclear
states in Europe and the Americas, and fulfills the conditions necessary to respond to
emergencies and act as a base for providing materials.
(c) Possible Transportation Routes for International Nuclear Fuel Cycle Model
The current potential international nuclear fuel cycle model is based on land power states
(Kazakhstan, Mongolia and Russia) being suppliers and rimland and sea power states (China,
South Korea and Japan) focusing mainly on emerging nuclear states (Vietnam, Thailand,
Malaysia and Indonesia) being the consumers.
The following 3 routes are considered to link suppliers and consumers:
i) Route from Kazakhstan and Mongolia overland through European Russia, using St. Petersburg
in Russia as the shipping port, exporting to emerging nuclear states through the Suez Canal and
the Strait of Malacca.
ii) The same route as i) from Kazakhstan and Mongolia to St. Petersburg, then taking the North
Sea, Barents Sea and Arctic Ocean to the Bering Strait to reach East Asia and export to emerging
nuclear states.
iii) Transport overland from Kazakhstan and Mongolia to a far eastern Russian port, and export to
emerging nuclear states.
Of these, Japan has already used i) as a transport route, but as the distance covered is the
73 Japan Coast Guard homepage “Japanese Ship Reporting System JASREP
“http://www.kaiho.mlit.go.jp/info/jasrep/ Accessed 24/01/2013
100
longest and multiple chokepoints exist along the route, it has issues of risks during transportation
similar to the transportation of oil.
In particular, when entering the Indian Ocean from the Red Sea off the Somalia coast, as
indicated in Figure 6.5 pirates have repeatedly interfered with transport ships, and with sensitive
materials such as nuclear materials having a high value and the potential for valuable ransoms it
would make nuclear fuel transports a prime target for pirates, making it clear that this route is not
a low risk one for the transport of nuclear fuel.
Figure 6.5 Areas of Somalia Pirate Operations74
For route ii), recently the news reported that liquefied natural gas was transported from
Hammerfest in Norway to Japan via Arctic Ocean (Northeast Passage) by LNG tanker75
.
According to the news, a Russian icebreaker vessel accompanied the LNG tanker.
According to the newspaper report, this Arctic Ocean Northeast Passage route can be 40%
shorter than route i) by distance, and 20 days shorter by time. If this route was established it
would be useful not only for transporting uranium resources but also for transport from Europe,
as this route has high potential as a new shipping route.
This Arctic Ocean route was also used in the summer of 2009 by a German commercial
shipping vessel transporting building material from South Korea to Rotterdam, but a Russian
icebreaker vessel accompanied them in this instance as well.
As these examples show, since this route involves crossing a significant distance through the
74 BBC homepage “Kenya opens fast-track piracy court in Mombasa” 24.June.2010
http://www.bbc.co.uk/news/10401413 Accessed 25/01/2013 75 Jiji.com “Successful LNG Transport via Arctic Ocean= First Ever, from Russia to Japan” 06/12/2012 http://www.jiji.com/jc/zc?k=201212/2012120600062&g=ind Accessed 25/01/2013
101
Arctic Ocean, icebreaker ships would be necessary to clear the route. Therefore cooperation
with Russia is essential, but as Russia’s policy regarding this route is currently being debated, it is
not possible to reach a conclusion at this time.
Also, in order to use this Arctic Ocean route as a permanent commercial shipping route
infrastructure would need to be built, including ships with ice-resistant structure capable of
navigating arctic waters safely, route information and facilities to support the route, establishment
of a route support system and amendments to laws regarding passage76
. Additionally,
confrontations between Russia which insists Russian laws apply to passage through this route and
the USA which claims right to safe passage through these waters as an international strait mean
that first a solution needs to be found to these issues.
Based on these circumstances, it is not possible for the Arctic Ocean route to be opened as a
commercial shipping route any time soon, and a feasibility study will have to be carried out to
look at the possibilities as a commercial route, including having icebreakers vessels accompany
transport ships.
Figure 6.6 Distance Comparison for Arctic Ocean Route and Suez Canal Route77
When crossing from the Arctic Ocean into the Pacific Ocean in this route, although the Bering
Strait is a chokepoint it is located between Russia and the USA, which are relatively politically
stable countries, and therefore this strait is not a significant obstacle for this route.
The vast majority of this route is off the coast of politically stable countries in Northern
76 Ocean Policy Research Foundation, Arctic Ocean Seasonal Report 14 (June to August 2012) page 13 “Increasing Japanese
Geopolitical Value Through Development of Arctic Ocean Shipping Route” Yasunori Ooyama, Accessed 25/01/2013 77 NY Times HP Sep.11.2009 “Arctic Shortcut Beckons Shippers as Ice Thaws”
http://www.nytimes.com/2009/09/11/science/earth/11passage.html?_r=2& Accessed 25/01/2013
102
Europe and Russia, and as the route is in the Arctic it requires advanced navigation skills and
ice-resistant vessels, making it extremely unlikely that piracy would occur there.
In the case that this route was used to transport nuclear fuel from Russia (St. Petersburg) to
South Korea and China, in addition to the Bering Strait there are three other straits that could be
chokepoints, the La Pérouse Strait, the Tsugaru Strait and the Tsushima Strait, but in the current
situation each of these straits is geopolitically stable and if a commercial route was established
they would cause no particular problems.
As mentioned above, currently this route is only listed as a reference, but if it became
available for use as a commercial shipping route then the geopolitical stability of its coastal states
would make it an excellent choice for transporting nuclear materials78
.
For route iii), the Japanese government has already performed a feasibility study and during
a discussion with experts from Russia and Kazakhstan that took place in December 2012
(December 2012 MNA Workshop (the University of Tokyo)) it was mentioned by Russian experts
that there should be no issues with using a route transporting nuclear fuel from Kazakhstan to a
far eastern Russian port (Vostochny) and loading it onto a ship there, and currently TENEX is in
the process of building infrastructure to use this route to transport nuclear fuel.
At this conference, the same experts mentioned that as Russian law has restrictions on
accepting SF it would be necessary for domestic public opinion to accept the transport of SF in
Russia.
The Kazakhstan experts noted that as Kazakhstan law forbids the import of radioactive waste,
it would be necessary for domestic public opinion to accept the transport of and medium-term
storage of SF in Kazakhstan.
The Kazakhstan experts also mentioned that although no leaseback system for nuclear fuel is
currently being considered, if there was a market demand for such a system then it may be
possible to adopt this system in the future.
Therefore, something that can be said for all of the routes i) to iii) above is that for
medium-term storage of SF in Russia and Kazakhstan which this study is taking as a given, future
trends in public opinion in Russia and Kazakhstan and acceptance of SF transport and
medium-term storage are critical to establishing this system.
As a variation on route iii), the land route could be taken from Kazakhstan through China to
the Chinese port of Lianyungang and then transport by ship from that port (Eurasian Land
Bridge).
Unlike with the Siberia rail route (Siberia Land Bridge), this route has no system to track the
position of freight trains in real-time and there is a need to transfer goods at border stations due to
railway tracks being different in Kazakhstan and China.
However, compared to the Siberia rail route this route has more stable winter weather and
78 Looking at this route from a geopolitical perspective, instead of being a case where due to the changes in technology that have
occurred, the normally unchanging distance has changed from the human perspective, it is instead a much rarer case where the
phenomenon of global warming has led to a change in distance from the human perspective.
103
lower freight costs, so it is currently handling increasing amounts of freight as a primary rail
transport route between Europe and Asia.
If this route is further investigated (it was not covered in this study) and the problem of having
to transfer freight at border stations between Kazakhstan and China solved and facilities for
transferring nuclear fuel established in Lianyungang port in China, then this could be a good
choice for a transport route from Kazakhstan for the international nuclear fuel cycle.
However, even if that were the case there are still issues of Chinese law permitting (spent)
nuclear fuel from other states to pass through China and of the Chinese public accepting this, so
these points must also be studied.
Figure 6.7 Siberia Land Bridge Route and Eurasia Land Bridge Route
The table 6.13 displays evaluations of routes i) to iii):
(d) Hub Concept for International Nuclear Fuel Cycle Model
Of the routes examined in the previous section, as indicated in the table above route i) is an
already established route, but from a security perspective for the distance and route travelled it is
not a stable situation for a permanent nuclear fuel transport route.
In addition to route ii) not yet being a commercial route, estimates for the cost of
accompanying icebreakers (icebreaker vessels for nuclear materials) are difficult and there is a
lack of infrastructure on the coast along the route, meaning this route could not be used
immediately at this point.
Therefore, the remainder of this study will assume the use of route iii).
Siberia Land Bridge
Eurasia Land Bridge
104
Table 6.13 Comparison of Possible Routes for International Nuclear Fuel Cycle
Route
Length
Route
Safety
Access to
Facilities
Port
Facilities
Notes
Route i)
St. Petersburg
(via Suez Canal)
△ △ ○ ◎ Choke points and
pirates (Suez Canal,
Somalia, Malacca)
Route ii)
St. Petersburg
(via Arctic
Ocean)
○ △ ○ ◎ Viability as a
commercial route
(accompaniment by
icebreakers,
establishing shipping
lane, etc.)
Route iii)-1
Eastern Russia
Port (Vostochny)
(via Siberian
Land Bridge)
◎ ◎ ◎ ○
Route iii)-2
China,
Lianyungang
(via Eurasian
Land Bridge)
◎ ◎ △ (Unknown) Railway gauge
differences between
Kazakhstan/Mongolia
and China (need to
transfer cargo)
(△=average, ○=good, ◎=excellent)
For this international fuel cycle model, due to Japan’s geographical position between nuclear
supplier land power states in the heartland of the Eurasian continent and nuclear consumer state
in the rimland of the Eurasian continent and rimland and offshore states off the coast of Eurasia,
Japan could fulfill a role as a hub to control logistics by moderating supply and demand for
nuclear fuel.
In order to fulfill a hub role in this international fuel cycle model, in addition to the
geographic conditions mentioned above it is also necessary to be a supply source for nuclear
energy resources, have the infrastructure necessary to control the flow of nuclear fuel and
have/improve the domestic security appropriate for this infrastructure, as well as having public
support for these policies.
The items below are specific requirements:
- Supply primary materials and equipment for nuclear energy
- Carry out quality control for materials from other states
- Guarantee peaceful uses of nuclear energy by user states
- Improved (facilities) for enrichment and reprocessing
- Have an emergency response system in the case of nuclear accidents (take advantage of the
shorter distances relative to Europe/North America and have material bases, create an
emergency response team)
105
- Management facilities for nuclear fuel (materials) transportation
- Nuclear fuel transport ships and system to operate them
- Control system for nuclear fuel transport ships
- Storage facilities for temporary storage of nuclear fuel, etc.
1)-5 Geopolitical perspective on issues with the international nuclear fuel cycle model
(a) Issues with geopolitical situations of MNA participant states
The potential MNA participant states are centered in the Asian region, but they are still spread
over a wide area and thus the conditions facing each state are different case by case.
For example, MNA participant states include some with weaker geopolitical stability such as
those with neighboring states carrying out nuclear experiments and missile launches despite
international objections, states with pirates operating within or near their borders79
, and states with
active anti-government guerrilla forces.
With MNA participant states including countries in these kinds of situations, it is an issue
whether or not decisions can be made in general on establishing facilities handling sensitive nuclear
technologies and materials such as uranium enrichment facilities, SF reprocessing facilities and SF
medium-term storage facilities.
For these reasons, it is necessary for MNA membership requirements and requirements for
establishing MNA facilities to include discussions on geopolitical stability.
(b) Issues with border or territorial disputes near the transport route (ex: Spratly Islands, Paracel
Islands, Senkaku Islands, Takeshima islands)
Of the MNA participant states considered, some are involved in nautical border or territorial
disputes with other states.
Since these types of territorial disputes are an issue of national dignity, it is very rare that
territories are returned during peacetime, and these problems take time to solve.
For China in particular with its rapid ocean expansion in recent years, the area near the Spratly
Islands in the South China Sea is not only an area which has always been fished, there may also
be resources in the seabed such as oil or natural gas and it is an important nautical route linking
China to the rest of the world, making it a higher priority than other regions for Chinese ocean
policy.
This has led to increased tensions with other states that have interest in the region, and there is
no simple solution.
These territorial disputes between MNA related states currently mainly focus on issues around
the extension of continental shelves or sovereignty of island groups, but as mentioned previously
some of these territorial disputes are occurring in areas near the ocean portion of the nuclear fuel
transport route, including the South China Sea mentioned above.
The nuclear fuel transport vessels travelling through these waters near disputed areas would
79 MOFA homepage September 2012 “Pirate Activity in the Southeast Asia Region and Japanese Measures”
With 46 incidents of piracy in 2011, Indonesia accounted for over half of piracy incidents, followed by Malaysia at 16, Malacca and
Singapore Straits at 12, and Philippines at 5 incidents.
http://www.mofa.go.jp/mofaj/gaiko/pirate/asia.html Accessed 25/01/2013
106
have to consider the situation during transport. If safe travel was not possible, it would have to
take an alternate route well away from those areas.
In cases where alternate routes avoiding these areas becomes necessary, it may be necessary to
pass through the waters of a third party state, which would require permission from that state to
pass through their waters as described below.
(c) Issues with passing through waters of third party states (right of passage in international
channels and national waters)
Although not generally considered for normal transport, in the case of emergencies such as
mentioned in the previous section it may be possible for cases to arise where the (spent) nuclear
fuel transport ship being used by the MNA has to pass through the waters of a third party state.
Based on the UN Convention on the Law of the Sea80
, when necessary to safeguard the
security of their nation then these third party states may temporarily suspend the right of innocent
passage for foreign vessels.
When this suspension of the right of passage is carried out, it would mean nuclear transport
would stop and could have an effect on the entire nuclear fuel cycle.
As a preventative measure for this issue, the countries related to these international channels
(Indonesia, Malaysia) and third party states whose waters may need to be passed through (such as
the Philippines) can be made partner states for the international nuclear fuel cycle model, building
a cooperative relationship ahead of time and ensuring the right of passage through their territory.
Thinking further about the issue above, the measures led by Japan that are currently being
taken to prevent piracy in Southeast Asia, specifically dispatching patrol ships and aircraft,
donating patrol ships and cooperating to improve ocean security with coast guard training
specialists and the like, could be used to improve cooperation between MNA participant states for
increasing ocean security.
Using the current ReCAAP as a base for more expanded cooperation, the coast guards of
MNA participant states could work improve nuclear security by cooperating on security for
nuclear fuel transport ships and ensuring safe passage through their waters for MNA nuclear fuel
transport ships.
By sharing a system such as JASREP for participant states to track nuclear fuel transport ships
as part of the international nuclear fuel cycle model, it would be possible to guard nuclear fuel
transport ships both directly and indirectly and secure their passage.
These kinds of security measures for nuclear fuel transport have, as mentioned previously,
already begun in some form with efforts by Japan and other countries. Expanding current
activities and the degree of cooperation is feasible to start these measures.
These kinds of joint efforts to achieve ocean security through multilateral cooperation could
also help to build trust between MNA participant states and to deter the activities of or creation of
illegal organizations such as pirates and guerrillas.
80 * According to UN Convention on the Law of the Sea Article 52 Paragraph 1, “ships of all States enjoy the right of innocent
passage through archipelagic waters”, however in Article 52 Paragraph 2 it says ” The archipelagic State (states consisting of 2 or
more islands. According to UNCLOS Article 46. Includes Indonesia, Philippines) may suspend temporarily in specified areas of
its archipelagic waters the innocent passage of foreign ships if such suspension is essential for the protection of its security”.
107
Figure 6.8 Comparison of Potential Routes for International Nuclear Fuel Cycle Model:
Chokepoints in Southeast Asian Region
Chokepoint
Waters where joint ocean security activities may be carried out by MNA participants
1)-6 Bilateral nuclear cooperation agreements of potential MNA participant states
a) Japan
Nuclear Cooperation Agreements With: Canada, Australia, China, the USA, France, the UK,
Kazakhstan, Vietnam, Jordan, Russia, South Korea, EURATOM
b) Russia
Nuclear Cooperation Agreements With: Canada, France, the UK, Germany, South Korea,
Vietnam, China, Mongolia, Indonesia, Japan, Kazakhstan, the Czech Republic, Finland, India,
Iran, Romania, Slovakia, South Africa, Sweden, Switzerland, Syria, etc.
c) China
Nuclear Cooperation Agreements With: Japan, Algeria, Argentina, Australia, Belgium, Brazil,
Canada, Chile, Egypt, Finland, France, the UK, Germany, Indonesia, Iran, Italy, (Kazakhstan:
fuel supply agreement), South Korea, Pakistan, Peru, Romania, Russia, Spain, Switzerland,
Ukraine, the USA, EURATOM
d) South Korea
Nuclear Cooperation Agreements With: Canada, Australia, China, the USA, France, Japan, the
UK, Germany, Spain, Belgium, the Czech Republic, Russia, Vietnam, Jordan, Brazil, etc.
e) Vietnam
Nuclear Cooperation Agreements With: Japan, Russia, China, France, South Korea, Argentina
f) Indonesia
108
Nuclear Cooperation Agreements With: Argentina, Canada, China, France, Germany, India,
Italy, Pakistan, Russia, the USA
g) Malaysia
Nuclear Cooperation Agreements With: the USA (to provide TRIGA research reactor), Pakistan
h) Thailand
Nuclear Cooperation Agreements With: the USA, Argentina, India
i) Mongolia
Nuclear Cooperation Agreements With: Russia
j) Kazakhstan
Nuclear Cooperation Agreements With: Japan, the USA, Russia, South Korea, (India: signed),
EURATOM
*Underlines indicate nuclear cooperation agreements with potential MNA participants.
When providing nuclear resources and nuclear fuel materials, the supplier and recipient states
must have a bilateral nuclear cooperation agreement, but as indicated above currently the potential
MNA participant states are not building cooperative relationships.
Also, the current MNA cooperative framework being examined does not include guarantees
on the provision of nuclear resources between member states in the agreement, so bilateral nuclear
cooperation agreements would also be necessary in addition to the MNA agreement.
Therefore, in addition to signing the cooperative agreement for the MNA framework, it is also
necessary for these MNA participant states to create bilateral cooperative relationships and build an
environment where nuclear resources can move freely between MNA participant states (refer to 6.1
6)).
1)-7 Specific case studies
(a) Frontend Transport (1)
(Mining, Refining, Conversion: Kazakhstan/ Mongolia → Uranium Enrichment: Russia/ Japan)
i) Transport to Russia from Kazakhstan and Mongolia
For transport to Russia from Kazakhstan and Mongolia (assuming transportation to Angarsk
in Russia, which has a uranium enrichment facility), transport will primarily occur by land.
When examining this route, both transportation by rail and automobile can be considered,
but due to the possibility of serious accidents occurring during transport81
, rail transport will be
considered here.
Also, due to the reasons given in e) (c), the transport route in this case would basically
follow the Siberia Land Bridge route.
Regarding the state of railroad infrastructure in Kazakhstan and Mongolia, Mongolia in
particular does have some issues82
, but nuclear fuel materials have been transported using these
81 “Accident Prevention Proposals and Evaluation Based on Analysis of Statistical Data on Major Railroad Accidents”, Masashi
Miwa, Tatsuo Ooyama. Journal of Japan Society of Civil Engineers, Vol.66.No.2 p89 2010.4
https://www.jstage.jst.go.jp/article/jscejd/66/2/66_2_89/_pdf Accessed 25/01/2013 82 2011-2012 Study on Overseas Coal Development “Examination of Transport Infrastructure for Asian Pacific in Development of
Coal Resources in Mongolian Southern Gobi Region”, P.12, February 2012.New Energy and Industrial Technology Development
Organization http://coal.jogmec.go.jp/result/docs/029.pdf
109
railroads in the past83
and due to the former Soviet Union managing the railroads in these two
states in the past they both have rails of the same size as Russia and the same type of railroad
system, meaning there are no major issues in using this route as a transport system.
Also, since Kazakhstan and Russia eliminated customs as part of a customs union they
entered into in 2010, there are also no tax issues with transporting goods between the two
states.
In order to support the export of Mongolia coal overseas, Russia and Mongolia already have
a deal to reduce freight tariffs on coal, and if this policy to encourage Mongolian mineral
exports was also applied to uranium exports then it could help reduce tax issues with transport
between the two states.
ii) Transport to Japan from Kazakhstan and Mongolia
- Transporting to Japan from Kazakhstan/ Mongolia via Russia
Transporting to Japan (eastern Japan assumed) from Kazakhstan and Mongolia will involve a
mixture of land and sea transport routes.
In this case, for the next frontend process of reconversion and fuel fabrication there are no
planned routes to return from Japan to Kazakhstan due to transportation costs. Instead, this will
also look at carrying out reconversion and fuel processing after transporting materials to Japan
(eastern Japan), South Korea and China.
With this route, first there is the issue of establishing a route from Kazakhstan to Japan. As
indicated in d) (c), there are past examples of using land routes from Kazakhstan through
Russia to transport uranium to the European side, transfer it to ship at St. Petersburg, transport
it to the UK or France by sea, process fuel there and then transport it to Japan by sea from
Europe.
As this route goes through Europe, in addition to the land distance covered the distance of the
sea route is very long, and involves passing through chokepoints including the Suez Canal,
Bab-el-Mandeb, and the Strait of Malacca to reach Japan. This route has both high
transportation costs and geopolitical risks, especially in the area in the Indian Ocean where
Somalia pirates are operating.
As another option, recently the Japanese government has been examining a route using the
Siberia railroad from Kazakhstan through Russia, to a far eastern Russia port (Vostochny, near
Vladivostok) and then shipping by sea from that Russian port to Japan.
For this route, in addition to nuclear fuel having been transported in the past overland using
the railroad route between Kazakhstan and Russia there is also the relatively short distance of
the sea route from Russia to Japan, which passes from Russian waters→international
waters→Japanese waters without passing through any third party states, and due to the fact that
Japanese and Russian cooperation already exists for maritime security84
, securing the safety of
83 “Preparations to Introduce Nuclear Energy in Mongolia and Uranium Mining”, Japan Atomic Industrial Forum, Summary of
International Section 27/12/2011
www.jaif.or.jp/ja/asia/mongol/mongol_data.pdf Accessed 25/01/2013 84 September 2000, Japanese and Russian Coast Guard directors signed “Memorandum on Cooperation between Japanese Coast
Guard and Russian Federation Border Guard (Russian FSB Coast Guard). Based on this memorandum, information exchange,
mutual visitations and joint training are carried out. MOFA homepage http://www.mofa.go.jp/mofaj/area/russia/kankei.html
110
the route between Russia and Japan (stable transport can be carried out as no security issues
exist near the route, such as piracy or armed conflict) is not a difficult option.
Issues with the land route include the capacity of the port (Vostochny), but since Vostochny
Port has qualifications and experience in transporting nuclear materials, the Russian Customs
Agency has proposed to the government using Far East ports to export nuclear fuel, and as
mentioned previously TENEX is currently building infrastructure to use this route for
transporting new fuel, the possibility of any major issues occurring when using this route are
quite low.
Also, Vostochny Port does not freeze over, meaning its facilities can be used year round.
As mentioned above, the Russia→Japan sea route does not pass through the waters of any
other states and is a short distance, so there are not likely to be any problems for transport.
If uranium mining, refinement and conversion was carried out in Mongolia, and this route
through Russia (port: Vostochny) was to be used, then it should be possible to transport
between the two states since uranium has been transported from Mongolia to Russia
(Krasnokamensk) in the past and there are no major technical issues transporting from
Krasnokamensk to Vostochny Port.
Therefore, when TENEX finishes building infrastructure and if there are no issues with
Vostochny Port’s capabilities sending transport to Japan then this route could be used as a
primary transport route for the MNA frontend same as the route from Kazakhstan to Japan.
- Transporting to Japan from Kazakhstan via China
For a route where mining, refinement and conversion is carried out in Kazakhstan before
shipping to Japan, a possible route is using the Eurasia Land Bridge
(Kazakhstan→China→Chinese port: Lianyungang) to transport to Japan.
This route was opened in 1992 for container railroad transport (Kazakhstan is passed
through) from Asia to Europe (final destination is Rotterdam in the Netherlands). Since it
operates as a transport route between China and Europe, if this route could be used for transport
from Kazakhstan then transport should be very stable, as it already has a solid track record for
transporting standard freight.
Technical issues for this route include the difference in rail specifications between
Kazakhstan and China, and therefore the capability to transfer cargo at Chinese border stations
(Alashankou) and at Lianyungang Port.
Since the capacity of the infrastructure for transferring cargo at Alashankou station and
Lianyungang Port has not yet been studied, no decision can be made at this time on the
usability of this Eurasia Land Bridge route.
Looking at this route from Japan, the distance from Lianyungang to Japanese destinations
(assuming eastern Japan) is longer, and if fuel processing is to occur in Japan the transport
route would be rather circuitous.
If the decision was made to use this route, then the geographic conditions of Lianyungang in
China would make it a very appropriate route for transporting nuclear fuel materials to South
Korea, and if South Korea is going to be involved in the MNA nuclear fuel cycle then this route
Accessed 29/01/2013
111
should be considered.
Also, if Mongolia is the point of origin then Chinese railways could be used for transport to
the largest open port in China’s northeast, the Port of Tianjin, as an example, but as there is a
limit to the capacity for transferring cargo at border stations due to the differences in
Mongolian and Chinese railways85
, there is likely very little leeway for accepting the
transportation of new sensitive nuclear materials, as well as the capacity of Tianjin’s
infrastructure being unknown, the feasibility of this route is therefore unknown.
For these reasons, when transporting nuclear fuel originating in Mongolia the Russian route
is currently more realistic.
(b) Frontend Transport (2)
(Uranium Enrichment: Russia/ Japan → Reconversion, Fuel Manufacturing: Kazakhstan/
Japan/ South Korea/ China)
Since the issue of transporting enriched nuclear materials from Russia/Japan to Kazakhstan
has already been considered, it won’t be repeated here (Based on transportation costs,
transporting uranium enriched in Russia/Japan to Kazakhstan is not a possibility considered for
this MNA framework. This case may be considered if several Central Asian states were to
join the MNA framework).
For the case where uranium enriched in Japan is then reconverted and fuel fabricated inside
Japan, since Japan already has experience in processes from enrichment to fuel fabrication
there should be no particular technical problems, including domestic transport, and so there is
no need to re-evaluate it here.
Therefore, here we will consider issues in the case of transporting uranium enriched in
Russia or Japan to South Korea or China.
- Transporting Enriched Uranium from Russia or Japan to South Korea
When transporting uranium enriched in either Russia or Japan to South Korea to be
fabricated into nuclear fuel, the transport route used would be a sea route.
There are few obstacles to sea transport between Japan and Korea, and Japan and Korea hold
a conference between the heads of their Coast Guards every year, demonstrating the
cooperation between their maritime security services, and there should be no significant
problems in building a cooperative system for nuclear security for transportation of nuclear
materials between the two countries.
Russia and South Korea do not have any particular problems between their Coast Guards
either, and it should not be difficult to create a cooperative maritime security system.
Therefore, there should be no major problems with ensuring security for the transport of
nuclear material between Russia and South Korea.
For uranium enrichment, South Korea uses services from the USA, France and Russia86
, and
85 2011-2012 Study on Overseas Coal Development “Examination of Transport Infrastructure for Asian Pacific in Development of
Coal Resources in Mongolian Southern Gobi Region”, P.24, February 2012.New Energy and Industrial Technology Development
Organization 86 Japan Atomic Industrial Forum “Expanding Asian Atomic Energy: South Korean Nuclear Development” page 25, 12/04/2010
http://www.jaif.or.jp/ja/asia/korea/korea_data.pdf Accessed 29/01/2013
112
South Korea’s largest shipping port Incheon, near Daejeon where enriched uranium is used for
reconversion and state processing of fuel, should have the necessary infrastructure for
transporting nuclear fuel materials.
While Daejeon is located near the center of the Korean Peninsula, it is only approximately
150km from Incheon, which is the largest shipping port in South Korea, and based on South
Korea’s experience transporting nuclear fuel materials domestically there should be few issues
with transport.
From a technical perspective, South Korea is already processing enough fuel domestically to
operate its nuclear power plants, and so there should be no issues with their nuclear fuel
processing technology.
Therefore the biggest issue with the possibility of having South Korea handle nuclear fuel
manufacturing within the MNA is their neighboring state that continues to perform nuclear tests
and develop missiles despite efforts from the international community, creating an unstable
geopolitical situation.
- Transporting Enriched Uranium from Russia or Japan to China
China is said to carry out form processing of fuel inland (Inner Mongolia Autonomous
Region, Sichuan) at nuclear fuel plants87
.
Assuming Russia (Angarsk) as the state to enrich uranium, when using railway for transport
from Russia to the Inner Mongolia Autonomous Region then as mentioned previously the
Mongolian People's Republic is not an appropriate route choice due to the limited capacity for
transferring cargo at Chinese/Mongolian border stations, so if an appropriate route could be
determined via Manzhouli then total transport distance would not be particularly long, and
aside from the issues of transferring cargo there are no other particular problems for
transportation.
For transporting uranium enriched in Russia to the nuclear fuel plant in Sichuan, the distance
from Russia is fairly significant and so a more appropriate route should be chosen.
These issues with determining a transport route also exist for the case of transporting
uranium enriched in Japan to Lianyungang in China by sea and then transporting it to nuclear
fuel plants in Sichuan or the Inner Mongolia Autonomous Region.
As China has not transported nuclear fuel materials (enriched uranium) with other countries
before, it is necessary to look at establishing other transportation routes to nuclear fuel
processing plants in addition to the routes from Russia and Japan mentioned here.
Due to these issues, within the current MNA framework being considered transporting
enriched uranium from Russia or Japan to China and then having China process the fuel
involves too many uncertain factors, including the positioning of nuclear plants in China, to
seem a possibility at this time.
(c) Frontend Transport (3)
(Reconversion, Fuel Fabrication: Kazakhstan/ Japan/ South Korea/ China → LWR: Advanced
states, Vietnam, Malaysia, Thailand, Indonesia)
87 Nuclear Pocketbook 2010 Edition (September, 2010) page 552, Japan Electric Association Newspaper Department, other
113
- Transporting Fuel from Kazakhstan to Vietnam, Malaysia, Thailand or Indonesia
A route for transporting LWR fuel from Kazakhstan to emerging Asian nuclear states
(Vietnam, Malaysia, Thailand, Indonesia) would pass through Russia (Vostochny Port) just as
the routes previously considered.
As Kazakhstan has no experience in the fabrication of nuclear fuel at this time, the case
should be considered where a third party performs quality assurance on the fuel bundles to be
certain they match the specifications of the nuclear power plants built in the emerging Asian
nuclear states.
Japan has experience fabricating the nuclear fuel used in its nuclear power plants
domestically, and possesses a significant amount of nuclear fuel fabrication technology.
In the case that fuel fabricated in Kazakhstan for emerging Asian nuclear states is to undergo
quality assurance to confirm it matches specifications, Japan is a possible candidate to carry out
this quality assurance, and after the fuel is shipped out from Vostochny Port it could be
transported to Japan to undergo inspection.
These quality assurance activities would not only ensure the soundness of nuclear fuel
fabricated in Kazakhstan, but by reserving the right for Japan to inspect the use of this nuclear
fuel (by the state with the nuclear facility using this fuel) that it has checked, it would enable
Japan to guarantee peaceful use of nuclear energy by the state using this fuel, and could also
make it feasible for this fuel to be sent to Japan for reprocessing once spent.
This case would use the same route as if Japan fabricated fuel using uranium mined in
Kazakhstan.
This route going from a far eastern port in Russia (Vostochny Port) to Japan (eastern Japan)
and then onto emerging Asian nuclear states would not be a significant detour in terms of
distance compared to transporting directly to emerging Asian nuclear states, so if the quality
assurance in Japan was carried out in a timely fashion it would not have a significant influence
on either time or cost.
The issues with transporting this fuel from Japan to Vietnam, Malaysia, Thailand and
Indonesia are the same as those indicated in the transportation cases given below.
- Transporting Fuel from Japan to Vietnam, Malaysia, Thailand or Indonesia
The route for transporting fuel from Japan to emerging Asian nuclear states passes several
regions with potential territorial conflicts, and it may be necessary to avoid them and pass
through the waters of third party states, as shown in Figure 6.9.
Therefore, for transportation from Japan to the emerging Asian nuclear states mentioned here
the MNA framework or some other framework should be used to quickly build a cooperative
system to ensure maritime security, as indicated in e) (c). Currently, Japan concludes the
nuclear cooperation agreement with only Vietnam in the Southeast Asian region, and this is also
an issue that should be dealt with.
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Figure 6.9 MNA Participant States and Regions with Possible Obstacles for Nuclear Fuel
Transport Routes
- Transporting Fuel from South Korea to Vietnam, Malaysia, Thailand or Indonesia
As mentioned previously, South Korea’s fuel fabrication plant is located in Daejeon, inland
in the Korean Peninsula, and it is approximately 150km to the shipping port, but as South
Korea has already demonstrated transportation capabilities processing fuel for their domestic
nuclear reactors, there should be no issues with this overland section of transportation.
However, when shipping by sea from South Korea to Vietnam, Malaysia, Thailand or
Indonesia the same areas of territorial conflict exist as when shipping from Japan and it may be
necessary to avoid them and pass through the waters of third party states.
Considering these circumstances, the same necessity exists to build a cooperative system
between maritime security forces of participant states to ensure nuclear security for maritime
transport as exists with the route from Japan.
- Transporting Fuel from China to Vietnam, Malaysia, Thailand or Indonesia
As mentioned above, the nuclear fabrication plants in China are located inland, and if
processed fuel was to be transported from China to other states such as emerging Asian nuclear
states then the biggest issue would be the route from the plants to the shipping ports.
Since China has no experience exporting this kind of nuclear fuel for energy generation, it is
not possible to determine the feasibility of a transport route from the inland (Sichuan or the
Inner Mongolia Autonomous Region) to the shipping port on the coast.
Assuming Lianyungang as the shipping port for the Eurasia Land Bridge, the distance from
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that port to South Korea is relatively short and there are no areas with territorial disputes or
security issues such as pirates along the route, so much as with the route assuming fuel
fabrication in Kazakhstan, it should not be difficult to perform quality assurance in South
Korea on the nuclear fuel fabricated in China.
On the other hand, if fuel is sent from Lianyungang to Japan (eastern Japan) to perform
quality assurance and then sent on to emerging Asian nuclear states it would require a
significant increase in the length of the sea route, and would not be as beneficial from a time or
cost standpoint as with other routes.
Due to these factors, when considering the case of transporting nuclear fuel fabricated in
China, carrying out quality assurance in South Korea seems the most reasonable option.
(d) Backend Transport (1) Transporting SF to Reprocessing Facilities
(Nuclear Power Plants: Vietnam, Malaysia, Thailand, Indonesia→ SF Reprocessing: Russia,
Japan, (South Korea), China)
i) Transporting from Vietnam, Malaysia, Thailand or Indonesia to Russia
Since this route would be the opposite of the route taken for the frontend, it would involve
transport to a far eastern port in Russia (Vostochny Port) and then transport by land to SF
reprocessing facilities in Krasnoyarsk or elsewhere.
As mentioned in the section about the frontend route, there are areas with the potential for
territorial conflict near the sea route, and the possibility of diverting into the waters of third
party states will be considered in particular around the conflict area.
To deal with these situations, especially when transporting sensitive materials such as SF,
there is a need to create a cooperative system between the maritime security forces of
participant states in order to ensure nuclear security for maritime transport.
If it is possible to use the railway (Siberia Land Bridge) for the land route, then there should
be few technical problems transporting the SF to the SF reprocessing plant planned for
construction in Russia’s far east (assuming Krasnoyarsk).
However, as mentioned in e) (c), the biggest issue with this route is Russian law regarding
the acceptance of SF.
Therefore, in order to use this route to reprocess SF, Russia would have to be able to accept
SF from other states for domestic transport, and so public opinion in Russia on acceptance of
this issue needs to be confirmed.
At the lecture by A. Haperskaya, advisor to Rosatom’s Nuclear/ Radioactive Safety
Department SF/ Radioactive Waste Management and Decommissioning Project, held on March
3 2011 by the Japanese Atomic Industrial Forum, it was reported that Russia’s current plans for
reprocessing facility RT-2 (Krasnoyarsk) were made considering the possibility of reprocessing
fuel from reactors Russia built outside the country88
.
In cases in the future where Russia includes a condition that SF from reactors they have
exported will be reprocessed in Russia, this type of transportation may be recognized.
As the Russian VVER design is unique, currently only Russia can fabricate the nuclear fuel
88 Japan Atomic Industrial Forum homepage “Rosatom, Plans Comprehensive Center in Krasnoyarsk”
http://www.jaif.or.jp/ja/kokusai/russia/sf-lecture_meeting110303.html Accessed 06/02/2013
116
necessary for nuclear power plants with this type of reactor.
ii) Transporting from Vietnam, Malaysia, Thailand or Indonesia to Japan
Since this route would be the opposite of the route taken for the frontend, it would involve
transport to Japan (eastern Japan) by sea route.
As mentioned in the section about the frontend route, there are areas with the potential for
territorial conflict near the sea route, and the possibility of diverting into the waters of third
party states will be considered in particular around the conflict area.
To deal with these situations, especially when transporting sensitive materials such as SF,
there is a need to create a cooperative system between the maritime security forces of
participant states in order to ensure nuclear security for maritime transport.
Since Japan has not officially examined reprocessing SF from other states, even if the
capacity is available at reprocessing facilities and reprocessing is technically possible, the
current laws prevent Japan from reprocessing SF from other states, and it is unclear whether
public opinion in Japan would accept reprocessing SF from other states.
After the accident at TEPCO’s Fukushima Daiichi Nuclear Power Plant in particular, public
opinion is very critical of nuclear power and in order for the public to accept this kind of case it
would be necessary to demonstrate the safety of the SF and reprocessing facilities and have the
public understand the necessity of Japan carrying out this reprocessing.
In order to do this, by having Japan carry out quality assurance for new fuel and flag that fuel
so that Japan can ensure it is used for peaceful uses, it will give a reason for Japan to bring that
SF into the country.
iii) Transporting from Vietnam, Malaysia, Thailand or Indonesia to China
China is said to be building a commercial reprocessing facility inland in Jiayuguan, Gansu89
and China is also looking at transporting SF to this facility from their nuclear power plants
located in coastal areas, which would involve both land and sea transport.
Although there is an international rail running between Vietnam and China, due to
differences in the rail tracks it is necessary to transfer at border stations and so it is not realistic
to use this system for transport.
Considering this situation, a transport route from Vietnam, Malaysia, Thailand or Indonesia
to China would have to first transport the SF to a Chinese port, and then be transported by land
to the commercial reprocessing facility.
According to news reports, in January 2011 China succeeded at reprocessing experiments
with SF from nuclear power plants90
and if this is true and this technology is used at the
commercial reprocessing facility then it should be possible to reprocess the SF from these
countries.
However, recent news seems to indicate the Chinese population is becoming more aware of
89 ATOMICA “Nuclear Fuel Cycle in China”
http://www.rist.or.jp/atomica/data/dat_detail.php?Title_No=14-02-03-04 Accessed 09/02/2013 90 China Succeeds at Reprocessing Spent Fuel (Beijing Gongtong)
http://www.47news.jp/CN/201101/CN2011010301000569.html Accessed 09/02/2013
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their rights, and much like Russia it is uncertain whether the public would accept transporting
SF a long distance from coastal areas to reprocessing facilities inland.
This was also mentioned for frontend transport when transporting new nuclear fuel from
inland nuclear fuel plants to shipping ports on the coast, but public opinion is likely to be even
stronger when it is SF instead of new fuel that is being transported.
Therefore, the most significant problem for SF from other states being reprocessed in China
is whether a transport route can be established that the public will accept.
In particular, the distance from coastal areas to Gansu province where the current
commercial reprocessing facility is located is several thousand kilometers and passes through
heavily populated areas, making the establishment of this route seem difficult.
(e) Backend Transport (2) Transporting SF to Medium-term Storage Facilities
(Nuclear Power Plants: Vietnam, Malaysia, Thailand, Indonesia→ Medium-term Storage
Facilities: Russia, Kazakhstan)
i) Transporting from Vietnam, Malaysia, Thailand or Indonesia to Russia
Analysis of this route would overlap with the same route described in “Transporting SF to
Reprocessing Facilities” above, so it will not be analyzed here.
ii) Transporting from Vietnam, Malaysia, Thailand or Indonesia to Kazakhstan
Since this route would be the opposite of the route taken for the frontend, it would involve
transport to a far eastern port in Russia (Vostochny Port) and then transport by land via Russia
to SF medium-term storage facilities in Kazakhstan. For the location of SF medium-term
storage facilities in Kazakhstan, we will assume the Semey nuclear test site.
The issues with the sea and land portions within Russia of this route have already been
described in “Transporting from Vietnam, Malaysia, Thailand or Indonesia to Russia” above,
but in this case the final destination of the SF is Kazakhstan instead of Russia and so the issue
remains of how Russian public opinion would view this.
In the case that SF was transported by land via China, then the issue of public opinion within
China still exists, making either route have uncertain factors.
According to the expert from Kazakhstan in e) (c), Kazakhstan law prohibits the import of
radioactive waste and so in order to transport SF to Kazakhstan and store it for the
medium-term it would be necessary to acquire public acceptance of the idea, meaning the issue
of public opinion exists in Kazakhstan as well.
However, as the same expert mentioned the possibility of implementing a nuclear fuel
leaseback system should there be demand for one, then if nothing else the medium-term storage
of SF in Kazakhstan from the nuclear fuel leaseback system may be possible.
Therefore, the medium-term storage of SF in Kazakhstan may be considered as an option
assuming this nuclear fuel leaseback system is introduced.
(f) Geopolitical Merits of MNA, What MNA Means to Japan and Issues
Until this point, geopolitical issues with the MNA were considered, so last we would like to
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look at the merits of the MNA for Japan and other participant states.
As indicated previously, the MNA framework would have the following benefits for Japan:
i) By developing new routes for transportation of nuclear fuel, Japan will have access to new
sources for nuclear fuel
ii) By taking advantage of the geographic characteristics that exist between nuclear fuel
producer and consumer states, Japan could act as a hub for nuclear fuel transport routes and
control the flow of nuclear fuel while providing a fuel supply guarantee service to consumer
states
iii) As part of this hub functionality, Japan could carry out quality assurance on completed
nuclear fuel and flag it so that Japan would be able to inspect the state it was consumed in to
guarantee it was being used for peaceful purposes
As these examples make clear, for future global expansion of Japanese nuclear industry the
MNA cooperative framework provides Japan with merits that cannot be overlooked.
For other participant states, it could lead to opening new trade routes for nuclear fuel in the
Asian region for nuclear fuel producing states such as Russia and Kazakhstan, and by including
an international organization (AMAO) and third party states (hub states) in providing nuclear
fuel cycle services from uranium mining to medium-term storage of SF to nuclear fuel
consumer states it can reduce the country risk of those states involved. By using the MNA
cooperative framework, there is also the possibility of technological cooperation and
partnerships with nuclear power resource companies in other MNA states.
For South Korea, it may provide a solution to the issue of SF kept within the country by
storing the SF at a medium-term storage facility that is part of the MNA nuclear fuel cycle.
For China, it could open up the possibility of providing nuclear fuel cycle services to other
states in the Asian region.
For Mongolia, by building cooperative systems with other states it could help open up new
trade routes within this multilateral framework as a nuclear fuel producer state.
Finally, for emerging Asian nuclear states it could provide the possibility of acquiring a
supply of nuclear fuel and having other states deal with SF processing and storage.
These are some of the merits the MNA could provide to the potential participants considered
here, and if this framework is used effectively it could be an excellent opportunity for Japan
considering the geopolitical position of the country.
However, several issues exist when it comes to establishing this framework.
First, whether the policy makers in the states considered for participation in the MNA
understand the merits of the MNA listed above and make the decision to join the MNA. As
described in the following section, there is no significant difference in the cost of the nuclear
fuel cycle operated by a single country compared to the MNA framework, and so the incentives
to join the MNA are not cost-based and instead depend on how each state views the merits
listed above.
For the states considered for participation here, the merits above are likely to be of some
benefit, but not to the extent that they make the decision to join the MNA. Therefore, in
addition to the commercial and economic merits mentioned here, it will be necessary to
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demonstrate the political merits of the MNA such as strengthening cooperation between MNA
participant states as part of foreign policy, and then have all these factors considered together to
make the decision to join the MNA.
The next issue is that of allowing passage of nuclear fuel materials originating in other states
and reprocessing them in domestic facilities or storing SF for the medium-term, which public
opinion is unlikely to accept in any of these states.
Of the states considered for MNA participation, there are other states in addition to Russia
and Kazakhstan which was mentioned previously where federal law prohibits the importation
of SF originating in other states, as well as the recent activity of the Chinese public, making it
unclear whether states will accept the points indicated above. Therefore it will be necessary to
continually examine public opinion trends in each state in order to make decisions on these
matters.
Finally, an issue that is closely related to that of acceptance by public opinion is the
establishment of transportation routes necessary to the MNA.
Based on considerations up to this point, the transport route for Kazakhstan and Russia being
(nuclear fuel) supplier states and Far Eastern rim land and offshore states including Japan being
(nuclear fuel) consumer states would currently use a land route through Siberia to St.
Petersburg and then travel by sea through the Suez Canal to the Far East, but as this route
covers a vast distance and there are multiple chokepoints on the sea route it is not an ideal route.
Therefore, it is vital to create a new route using the Siberia Land Bridge or some other route to
reach a Russian far eastern port. Fortunately, as TENEX is currently building infrastructure in
Russian far eastern ports (December 2012 MNA Workshop (the University of Tokyo)), this
route should be available before long as a substitute for the current route for transporting
nuclear fuel materials. Also, if the issue of accepting SF originating in other states is solved
this route could also be used for transporting SF, a major step towards creating the MNA.
The creation of a route such as this that would allow for the transportation of SF is likely the
final hurdle that remains before the MNA can become a reality.
2) Economic efficiency: comparison with country-based management
The international management of the nuclear fuel cycle has been discussed by many study
groups.91, 92
Their studies have shown that the multilateral management framework is not only
effective in nuclear nonproliferation but is also cost-effective. It has also been mentioned that in
terms of economic efficiency, facilities under multilateral management are superior to facilities
under country-based (country-by-country) management because the larger scale of the former
makes the economy of scale work greatly.
Many studies 93, 94, 95, 96, 97
have been conducted on the cost evaluation of nuclear fuel cycles
91 V. Meckoni, R.J. Catlin, L.L. Bennett, “Regional nuclear fuel cycle centres: IAEA study project,” Energy Policy, 5, 267-281 (1977). 92 IAEA (International Atomic Energy Agency), “Multilateral approaches to the nuclear fuel cycle,” Expert Group Report to the
Director General of the IAEA, Vienna (2005). 93 OECD/NEA (Nuclear Energy Agency), “The economics of the nuclear fuel cycle.” OECD/NEA, Paris (1994). 94 M. Bunn, S. Fetter, J.P. Holdren, B. van der Zwaan, “The economics of reprocessing vs. direct disposal of spent nuclear fuel,”
120
and reprocessing facilities. In one of those studies, LaMontagne (2005) conducted economic
evaluation concerning multilateral management. Paying attention to the front end of the fuel cycle,
LaMontagne (2005) estimated the uranium enrichment cost including capital cost in a
country-based management case to be several billion dollars. In contrast, he estimated the cost in a
multilateral management case to be 600 million dollars. Thus, in front-end evaluation, too, the
multilateral management framework is economically more advantageous than the country-based
management framework. The evaluation by LaMontagne (2005), however, did not analyze the
economy of scale, which is one of the economical advantages of multilateral management as
mentioned above, nor did it take the back-end cost into consideration.
IAEA (2005) mentioned marine transportation of nuclear materials in multilateral
management. In the multilateral management framework, large-scale sensitive nuclear technology
facilities are established in a limited number of member countries. As a result, the number of sites
becomes relatively small, and nuclear proliferation risk becomes small. On the other hand,
opportunities for the marine transportation of nuclear materials should increase. The study also
points out that an increase in marine transportation opportunities should result in an increase in the
possibility of a transportation accident. Overall transportation cost, therefore, is higher in
multilateral management than in country-based management.
Thus, in multilateral management and country-based management, the economy of scale and
transportation cost are in a trade-off relationship. In multilateral management, the economy of scale
is an advantage, but higher marine transportation cost than in country-based management is a
disadvantage.
In this section, nuclear fuel cycle cost in a multilateral management framework taking into
consideration both the front-end and the back-end of the fuel cycle is evaluated. The economic
efficiency of multilateral management and country-based management is compared with respect to the
economy of scale, transportation cost and delay in starting reprocessing to determine the level of
transportation cost at which multilateral management becomes economically advantageous. Then, by
assuming that there are interim storage, reprocessing and other facilities in Asian countries, scenarios
for transportation between those facilities are developed. By calculating the transportation cost in each
scenario and incorporating the costs thus determined into the abovementioned model, the economic
efficiency of the multilateral management framework taking the transportation scenarios into
consideration is evaluated.
Project on Managing the Atom, Belfer Center for Science and International Affairs. John F. Kennedy School of Government, Harvard
University, Cambridge, MA (2003). 95 S.A. LaMontagne, “Multinational approaches to limiting the spread of sensitive nuclear fuel cycle capabilities,” Belfer Center
Programs or Projects: International Security; Preventive Defense Project, Belfer Center for Science and International Affairs. John F.
Kennedy School of Government, Cambridge, MA (2005). 96 E.A. Schneider, M.R. Deinert, K.B. Cady, “Cost analysis of the US spent nuclear fuel reprocessing facility,” Energy Economics, 31,
627-634 (2009). 97 G.D. Recktenwald, M.R. Deinert, “Cost probability analysis of reprocessing spent nuclear fuel in the US,” Energy Economics, 34,
1873-1881 (2009).
121
2-1) Evaluation model
An economic evaluation model is constructed by referring to the nuclear fuel cycle cost models 98
developed by the Japan Atomic Energy Commission's Technical Subcommittee on Nuclear Power,
Nuclear Fuel Cycle, Etc.
The Japan Atomic Energy Commission (JAEC)'s estimation models calculate cost in three cases
using the “Reprocessing Model”, “Direct Disposal Model” and the “Current Status Model” and
compare them. In this section, evaluation is made using the model shown in Figure 6.10 by referring
to the interim storage case in the “Current Status Model”. Following the in-core residence period
(from 0 to tgp), spent fuel is transported to an interim storage facility at time ttst. The spent fuel is kept
in storage from time tts to tr and transported to a reprocessing facility at time tr so that reprocessing
and MOX fuel fabrication are started. At time tg, power generation is started using reprocessed fuel
and MOX fuel, and at time td the disposal of high level waste (HLW) is conducted.
The total cost Call (yen/tU) of this nuclear fuel cycle can be expressed as follows:
where Cuf, Ctst, Cts, Crt, Cr, Cmox and Cd are unit costs (yen/tU) of uranium fuel, transportation to the
interim storage facility, interim storage, transportation to the reprocessing facility, reprocessing,
MOX fuel fabrication and HLW disposal, respectively, and ρ is the discount rate.
Figure 6.10 Evaluation model
98 JAEC Technical Subcommittee on Nuclear Power, Nuclear Fuel Cycle, Etc., Estimation of nuclear fuel cycle cost,
http://www.aec.go.jp/jicst/NC/tyoki/tyoki_hatsukaku.htm
Uranium fuelfabrication
Power generation
Temporary storage
Transport, Reprocessing and MOX fuel
fabrication
・・・
gpt0 tstt
Transport to Temporary
storage
tstrt gt
Power generation
・・・
dt
HLW Disposal
122
The amount of electric energy generated, P (kWh/tU), can be expressed as follows:
where H is the average burn-up (MWd/tU); Th, the number of hours per day (24 h/d); η, thermal
efficiency; ξ, unit conversion of the amount of power generation (1000 MW/kW). By dividing Eq.
(1) by Eq. (2), the nuclear fuel cycle cost Call/P (yen/kWh) can be calculated.
As mentioned earlier, it is assumed that the economy of scale works in favor of facilities
under multilateral management as opposed to facilities under country-based management.
Schneider et al. (2009) pointed out, as a result of their analysis, that the economy of scale works in
favor of reprocessing facilities. This study, therefore, focuses on reprocessing facilities and derives
the unit cost (yen/tU) of reprocessing facilities under country-based management using the
following formula:
where Crm and Cri are reprocessing costs (yen) under multilateral management and country-based
management, respectively; and Mrm and Mri, the capacity (tU) of reprocessing facilities under
multilateral management and country-based management, respectively. The scaling parameter γ
takes values ranging from 0.6 to 1. For example, Eq. (3) shows that if the capacity of facilities under
country-based management is assumed to be smaller than that of facilities under multilateral
management (Mri < Mrm), when γ = 1, the unit costs (yen/tU) of country-based management and
multilateral management are the same. When γ < 1, however, the unit cost of country-based
management is higher than that of multilateral management. In this study, it is assumed, using the
condition concerning the economy of scale expressed by Eq. (3), that there is a difference in
reprocessing cost between multilateral management and country-based management.
In this study, it is also assumed, for the purpose of analysis, that the cost of transportation to
interim storage facilities and reprocessing facilities is higher in multilateral management than in
country-based management. Differences in cost structure, therefore, between multilateral management
and country-based management are as follows:
where Ctstm and Ctsti represent the costs of transportation to interim storage facilities in multilateral
management and country-based management cases, respectively; and for Crtm and Crti, the costs of
transportation to reprocessing facilities in multilateral management and country-based management
cases.
𝑃 = 𝐻𝑇ℎ𝜂 1 − 𝐿 𝜉1
𝑡𝑔𝑝
1
1 + 𝜌 𝑥
𝑑𝑥𝑡𝑔𝑝
0
𝑟𝑡−1
1 + 𝜌 𝑡𝑔 𝑡−1
∞
𝑡=1
(2)
𝐶𝑟𝑖
𝐶𝑟𝑚=
𝑀𝑟𝑖
𝑀𝑟𝑚 𝛾
→ 𝐶𝑟𝑖 = 𝑀𝑟𝑖
𝑀𝑟𝑚 𝛾
𝐶𝑟𝑚
(3)
𝐶𝑟𝑚 < 𝐶𝑟𝑖
𝐶𝑡𝑠𝑡𝑚 > 𝐶𝑡𝑠𝑡𝑖
𝐶𝑟𝑡𝑚 > 𝐶𝑟𝑡𝑖
(4)
123
2-2) Numerical analysis
(a) Parameters
In this section, cycle cost is estimated in the multilateral management case and the
country-based management case using the evaluation model mentioned in the preceding section,
and the relationship of trade-off between the economy of scale and transportation cost is analyzed.
The parameters used in the basic cases in the analysis are those (discount rate ρ = 3%) used in
the interim storage scenarios for the “Current Status Model”, one of the JAEC estimation models.
The parameters at different points in time are tgp = 5 yr, ttst = 10 yr, tts = 30 yr, tr = 50 yr, tg = 51 yr
and td = 90 yr, and the interim storage period is 20 years, which is the difference between tr and tts
(tr − tts). In the analysis in this section, the interim storage period (tr − tts) of 20 years is considered
in the base case. The cases involving interim storage periods ranging from 20 years to 100 years are
analyzed later in this report.
As mentioned earlier, the reprocessing cost in a country-based management case is calculated
from Eq. (3). Based on the data of the JAEC estimation models, the total discounted present cost of a
reprocessing project at a discount rate of 3% is estimated to be 6,060.4 billion yen, and the total
discounted reprocessing throughput is estimated to be 14,759 tU. 99
Since the reprocessing capacity of
the Rokkasho reprocessing plant is 800 t, Crm and Mrm in Eq. (3) are assumed to be 6,060.4 billion yen
and 800 t, respectively. Schneider et al. (2009) analyzed the reprocessing costs corresponding to
scaling parameters γ of 0.8 and 1.0. In this study, a comparative analysis for scaling parameters γ of
0.7 to 0.9 is shown later in this report using the scaling parameter γ of 0.8 as the basic value. Using
these settings, Cri can be calculated for the reprocessing plant capacity Mri in a given case of
country-based management. For example, if the capacity is 80 t, which is one-tenth the capacity of the
Rokkasho reprocessing plant, then Cri = 960.5 billion yen and the unit cost of reprocessing is 650.8
million yen/tU. This means that the cost is 1.58 times as large as the cost in the case in which the
capacity is 800 t, indicating that the economy of scale is in effect.
Spent fuel transportation cost in the multilateral management case is assumed to be higher
than in the country-based management case. In this analysis, cycle cost is calculated in the cases in
which transportation cost is higher than in country-based management by a parameter of 1 to 10.
These are summarized in the table below.
99 It can be seen from these values that the unit cost of reprocessing when the discount rate is 3% is 410.62 million yen/tU. Since,
however, the value indicated by the JAEC estimation model is 411 million yen/tU, it seems that only three significant digits are shown.
124
Table 6.14 Unit costs of different project elements (discount rate: 3%)
Multilateral management
Country-based
management
Uranium fuel 10,000
yen/tU 27,100 27,100
Spent fuel transportation
(plant interim storage)
10,000
yen/tU 1,600-16,000 1,600
Interim storage 10,000
yen/tU 5,200 5,200
Spent fuel transportation
(interim storage
reprocessing)
10,000
yen/tU 1,700-17,000 1,700
Reprocessing 10,000
yen/tU 41,100 65,100(80tU)
MOX fuel 10,000
yen/tHM 41,500 41,500
HLW disposal
10,000
yen/tU 11,000 11,000
0.5
0.7
0.9
1.1
1.3
1.5
1.7
1.9
1 2 3 4 5 6 7 8 9 10
Cyc
le c
ost(
yen
/kW
h)
Ratio of transport cost to the indigenous approach
Indigenous approach
MNA
Figure 6.11 Effect of transportation cost on cycle cost
125
(b) Cost comparison: multilateral management vs. country-based management
In this section, under the parameter conditions shown in the preceding section, cycle costs in
multilateral management and country-based management are calculated, and the calculated costs are
compared with transportation costs. Figure 6.11 shows the dependence of transportation cost on the
cycle cost (1.410 yen/kWh) in the country-based management case and the cycle cost in multilateral
management. As shown, as the transportation cost increases, the cycle cost in multilateral
management increases. It can also be seen that at around the point where the transportation cost in
multilateral management is 4.47 times as high as the transportation cost in country-based management,
the advantage–disadvantage relationship is reversed. This means that at or below 4.47, the cycle cost
in multilateral management is lower, and above 4.47, the cycle cost in country-based management is
lower.
Figure 6.12 analyzes the effect of the capacity of reprocessing facilities in the country-based
management case. As shown in Figure 6.13, as the capacity of reprocessing facilities increases from 40
tU through 80 tU to 200 tU, cycle cost (yen/kWh) decreases. As this occurs, the break-even point
relative to multilateral management falls from 5.87 through 4.46 to 2.89, indicating that the economic
advantages of the multilateral management case become smaller. Figure 6.12b shows the break-even
points for reprocessing capacity in a country-based management case and transportation cost in a
multilateral management case. For example, in Figure 6.12b, when the capacity of reprocessing
facilities in the country-based management case is 100 tU and the transportation cost in the multilateral
management case is three times as high, cycle cost is lower in the multilateral management case than in
the country-based management case. When, on the other hand, the capacity of reprocessing facilities in
the country-based management case is 200 tU and the transportation cost in the multilateral
management case is five times as high, cycle cost in the country-based management case is lower than
in the multilateral management case. This indicates that multilateral management is economically
advantageous when the capacity of reprocessing facilities in country-based management is relatively
small and the difference in transportation cost from country-based management is small.
(a) Effect of reprocessing capacity in
country-based management case
(b) Break-even point for reprocessing
capacity and transportation cost
Figure 6.12 Effect of transportation cost and reprocessing capacity on cycle cost
0.5
0.7
0.9
1.1
1.3
1.5
1.7
1.9
1 2 3 4 5 6 7 8 9 10
Cyc
le c
ost(
yen
/kW
h)
Ratio of transport cost to the indigenous approach
40 tU
80 tU
200 tU
Indigenous approach
MNA
0
1
2
3
4
5
6
7
0 100 200 300 400
Rat
io o
f tr
ansp
ort
co
st t
o t
he
ind
igen
ou
s ap
pro
ach
Capacity of reprocessing facility for the indigenous
approach (tU)
MNA
Indigenous approach
126
(a) Effect of delay in reprocessing facility
operation
(b) Break-even point for reprocessing delay
and transportation cost
Figure 6.13 Effect of transportation cost and reprocessing delay on cycle cost
Figure 6.13 analyzes the effect of the period of spent fuel storage at interim storage facilities,
that is, a delay in reprocessing facility operation. In this analysis, the same delay periods are
assumed for both cases to evaluate the effects of a delay in reprocessing facility operation in
multilateral management and country-based management. If the effects of delay in the two cases are
similar, break-even points are likely to show little difference. As shown in Figure 6.13 (a), however,
if the delay period is unexpectedly extended from 20 years to 40 years, the break-even point falls
from 4.47 to 3.16. This indicates that the present value of reprocessing cost, which has a great effect
on the country-based management case, decreases because of the delay to an extent greater than the
degree of decrease in cost in the multilateral management case. Figure 6.13 (b) shows the
break-even points for the effects of the delay in reprocessing facility operation and the
transportation cost in the multilateral management case. For example, in Figure 6.13 (b), if the
delay in reprocessing facility operation is 40 years and the transportation cost in the multilateral
management case is 2.5 times as high as the cost in the country-based management case, then the
cycle cost in the multilateral management case becomes lower. On the other hand, if the delay in
reprocessing facility operation is 80 years and the transportation cost in the multilateral
management case is four times as high as the cost in the country-based management case, then the
cycle cost in the country-based management case becomes lower. This means that because of a
delay in reprocessing facility operation, the relative economic advantage of the multilateral
management case decreases.
(c) Evaluation with respect to the economy of scale
The preceding section compared cycle costs in the country-based management and
multilateral management cases under the effect of the capacity of reprocessing facilities in
country-based management and the transportation cost in multilateral management. This section
focuses on the economy of scale, which was not taken into consideration in preceding studies, and
analyzes a scaling parameter.
0.5
0.7
0.9
1.1
1.3
1.5
1.7
1.9
1 2 3 4 5 6 7 8 9 10
Cyc
le c
ost(
yen
/kW
h)
Ratio of transport cost to the indigenous approach
Temporary storage 20 years
Temporary storage 40 years
Indigenous approach(TS 40 years)
Indigenousapproach(TS 20 years)
0
0.5
1
1.5
2
2.5
3
3.5
4
4.5
5
0 20 40 60 80 100
Rat
io o
f tr
ansp
ort
co
st t
o t
he
ind
igen
ou
s ap
pro
ach
Temporary storage times (years)
MNA
Indigenous approach
127
Figure 6.14 shows the effect of the capacity of reprocessing facilities on cycle cost in
country-based management. The figure shows the cycle costs in country-based management
corresponding to scaling parameters γ of 0.7 to 0.9 and the cycle costs (blue straight line: 1.341
yen/kWh) in the multilateral management framework in which transportation cost is 3 times as high
as the cost in country-based management. As shown, in both cases, as the capacity of reprocessing
facilities increases, cost (yen/kWh) decreases because of the economy of scale. For example, when
the scaling parameter γ is 0.7 and the capacity of reprocessing facilities in country-based
management is 100 tU, cycle cost is 1.489 yen/kWh so that the cost in multilateral management
becomes lower. The break-even points corresponding to scaling parameters γ of 0.7, 0.8 and 0.9 are
303 tU, 187 tU and 43.5 tU, respectively. This indicates that as the effect of the economy of scale
becomes smaller, the economic advantage of the multilateral management framework decreases.
2-3) Spent fuel transportation scenario analysis
In the preceding section, break-event points under various conditions were calculated by
expressing the transportation cost in multilateral management as a ratio to the transportation cost in
country-based management and comparing the cycle costs in the two cases. In this section, actual
transportation distances and transportation costs are calculated using the transportation scenarios
developed in the previous section, “6.2, 1) Transportation (Geopolitics)”.
Figure 6.14 Cycle cost relative to the capacity of reprocessing facilities in country-based
management (blue line: cycle cost in multilateral management framework [transportation cost 3
times as high as the cost in country-based management])
(a) Derivation of unit cost of transportation
Spent fuel is transported to its destination by two means of transportation, namely, marine
transportation and land transportation. In order to calculate total transportation cost, it is necessary to
obtain unit cost (yen/tU-km) data for both marine transportation and land transportation. In this
1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
0 100 200 300 400
Cyc
le c
ost(
yen
/kW
h)
Capacity of reprocessing facility for the indigenous
approach (tU)
γ= 0.7
γ= 0.8
γ= 0.9
128
analysis, the transportation data for the JAEC estimation models (17 million yen/tU) is used to
calculate the unit cost of marine transportation.100
The marine transportation distances from 17 nuclear
power plants in Japan to the Rokkasho reprocessing plant are calculated using the shortest distances in
the marine route network. The sum of those distances is 14,081 km. From these values, the unit cost of
marine transportation can be calculated as 1,200 yen/t-km. For land transportation, the unit cost is
calculated using data shown in Fairlie (2000).101
According to Fairlie (2000), the cost of transportation
from the nuclear power plants of RWE and KfK-PAE to the La Hague reprocessing plant in France is
117 dollars/kg and 79 dollars/kg, respectively.102
In this analysis, unit cost is calculated by assuming
that RWE's nuclear power plant is Biblis or Mülheim-Kärlich and KfK-PAE's nuclear power plant is
Karlsruhe MZFR and calculating their distances to the La Hague reprocessing plant. As shown in Table
6.15, these distances are about 900 km. From the cost data of Fairlie (2000), the unit cost of
transportation ($/tU-km) is 80 to 130 dollars/t-km. Hence, if $1 = ¥80, the unit cost is 6,400 to 10,400
yen/tU-km. The median value of 8,400 yen/tU-km, therefore, is used as the unit cost of land
transportation in the base case.
(b) Transportation costs in different scenarios
The section "Classification of Types Assumed in Multilateral Nuclear Approaches (MNA) and
Geopolitics" evaluated four routes, namely,
A. The route via Saint Petersburg Port (via the Suez Canal)
B. The route via Saint Petersburg Port (Arctic Sea Route)
C-1. The route via Vostochny Port
C-2. The route via Lianyungang Port
Since these four routes are analyzed in this section, Route A, which is the route currently used for
uranium transportation from Kazakhstan, is referred to as CR,103
and Route B, Route C-1 and Route
C-2, which are regarded as alternative routes, are referred to as AR1, AR2 and AR3, respectively.
Table 6.15 Distances to The La Hague reprocessing plant and unit costs of land transportation
Nuclear power plant
Distance to The La
Hague reprocessing
plant (km)
Transportation cost
($/kg)
Unit cost of
transportation ($/tU
km)
Biblis 909 117 129
Mülheim-Kärlich 968 117 121
Karlsruhe MZFR 918 79 86
100 The cost of spent fuel transportation from each plant to the interim storage facility is 16 million yen/tU. The cost of spent fuel
transportation from the interim storage facility to the reprocessing facility and then to the plant is 17 million yen/tU. In this analysis,
the latter data was used. 101 I. Fairlie, “Dry Storage of Spent Nuclear Fuel: The Safer Alternative to Reprocessing,” Report on Greenpeace International, In
Response to Cogema Dossiers to the La Hague Public Inquiry (2000). 102 The unit of weight used by Fairlie (2000) for spent fuel is kgHM. Like the unit of weight (tHM) used by the JAEC estimation
models for MOX fuel, however, kgHM is assumed to be equivalent to kgU. 103 Agency for Natural Resources and Energy, FY2010 Study on Nuclear Power Reactor Environment (Study on Transportation
Reliability Improvement), 2011.
129
(a) Via Saint Petersburg (CR) (b) Via Saint Petersburg (AR1)
(c) Via Vostochny (AR2)
(d) Via Lianyungang (AR3)
Figure 6.15 Transportation routes in different scenarios
For the purposes of this study, it is assumed that the reprocessing facility within the multilateral
management framework is located somewhere in an Asian country, and the interim storage facility is
located somewhere in Central Asia. In this analysis, for the purpose of calculating cost and distance
from data on real facilities, the reprocessing facility is assumed to be located in Japan (assumed, for
the purpose of calculation, to be located in Aomori), and the interim storage facility is assumed to be
located in Central Aria, e.g. Kazakhstan for the sake of calculation. In the assumed scenarios, spent
fuel is transported from Japan to Central Asia and is stored temporarily. After being kept in storage for
a certain period, the spent fuel is transported to Japan for reprocessing. Figure 6.15 shows the shortest
routes in different scenarios determined using marine route network and railway network data. In the
figure, the green line represents marine transportation, and the red line represents transportation by
rail. It is assumed here that the route from Japan to Kazakhstan and the return route are the same. CR
(a) and AR1 (b) pass through the same port (Saint Petersburg), but CR is the currently used route via
Southeast Asia and the Suez Canal, while AR1 is a route via the Arctic Sea Route. As shown, the
marine transportation distance can be made shorter using the Arctic Sea Route.
130
Table 6.16 shows the actual distances in different scenarios. A comparison of CR and AR1
shows that the transportation distance can be reduced by half using the Arctic Sea Route. It can be
seen that AR2 and AR3, both of which pass through Russia and China, are much shorter than the
abovementioned CR and AR1. It can also be seen that AR2, which passes through Vostochny, is the
shortest among the four routes considered in the analysis.
Table 6.16 Transportation distances in different scenarios
Scenario Via (port)
Marine
transportation
distance (km)
Land
transportation
distance (km)
Total distance
(km)
CR
Saint Petersburg
port (currently used
route)
23,576 3,234 26,810
AR1
Saint Petersburg
port (Arctic Sea
Route)
13,566 3,234 16,800
AR2 Vostochny port 830 4,507 5,337
AR3 Lianyungang port 2,311 3,852 6,163
The total transportation cost in each scenario can be calculated from the transportation
distance mentioned above and the unit costs of marine transportation and land transportation
calculated in the preceding section (Table 6.17). The total transportation cost in each scenario
includes the cost of two-way transportation between Japan and Semipalatinsk and the cost of
transportation in Japan. For example, the total transportation cost in the CR scenario can calculated
as
23,576 × 1,200 + 3,234 × 8,400 × 2
10,000+ 1,600 + 1,700 ≅ 143,91 million yen/tU
As shown in the table, in the base case of this analysis, the transportation cost in the
multilateral management case is higher than the cost in the country-based management case by a
parameter of about 3 to 4. It can be seen that the transportation cost is lower in the three alternative
routes than in the currently used route (CR) scenario. It can also be seen that although the shortest
route is the route in the AR2 via Vostochny port, the scenario involving the lowest transportation
cost is AR3 via Lianyungang Port. The reason is that since the unit cost of land transportation is
higher than that of marine transportation, the total transportation cost in the AR3 scenario, which
involves a relatively short distance of land transportation, becomes the lowest.
131
Table 6.17 Transportation costs in different scenarios
Scenario
Marine
transportation
cost (10,000
yen/tU)
Land
transportation
cost
(10,000 yen/tU)
Total
transportation
cost
(10,000 yen/tU)
Ratio to transportation
cost in country-based
management
CR 8,958 5,433 14,391 4.36
AR1 6,556 5,433 11,989 3.63
AR2 3,499 7,572 11,071 3.35
AR3 3,855 6,471 10,326 3.13
(a) Base case (b) Arctic sea route 150% cost case
Figure 6.16 Effect of land transportation cost on total transportation cost
In the calculation shown above, the unit cost of land transportation is assumed to be 8,400
yen/tU-km, and the actual unit cost of land transportation in each scenario is not used. Furthermore,
it is thought likely that if a new route is used, cost should increase so that the route can be used for
nuclear material transportation. In view of such uncertainties, total transportation cost is calculated
for unit costs of land transportation of 2,000 to 24,000 yen/tU-km in each case (Figure 6.16a). As
shown, as the unit cost of land transportation increases, total transportation cost increases in all
scenarios. It can be seen, however, that the relative magnitude of total transportation cost varied
depending on the unit cost of land transportation. When the unit cost of land transportation is 2,714
yen/tU-km or lower, the cost of transportation via Vostochny port (AR2) is the lowest; when it is
between 2,714 yen/tU-km and 21,854 yen/tU-km, the Lianyungang Port route (AR3) minimizes
transportation cost; and when it is higher than 21,854 yen/tU-km, the Arctic Sea Route (AR1)
minimizes transportation cost. As shown, in almost all ranges of unit cost of land transport, AR3
minimizes transportation cost. A comparison with the currently used route indicates that the Arctic
Sea route is much shorter, but it can be seen that the Arctic Sea route does not have an economic
advantage unless the unit cost of land transportation is relatively large. Furthermore, the Arctic Sea
route requires the use of an icebreaker or an ice-resistant ship thus making, at least under the present
conditions, marine transportation more expensive than in other routes. In view of this, the unit cost
5000
10000
15000
20000
25000
2000 6000 10000 14000 18000 22000
Tota
l tra
nsp
ort
co
st (
104
yen
/tU
)
Land transport cost (yen/tU km)
CR
AR1
AR2
AR3
5000
10000
15000
20000
25000
2000 6000 10000 14000 18000 22000
Tota
l tra
nsp
ort
co
st (
104
yen
/tU
)
Land transport cost (yen/tU km)
CR
AR1
AR2
AR3
132
of marine transportation on AR1 is assumed to be 1,800 yen/tU-km (1.5 times the unit cost in the
base case), and the unit cost thus obtained is shown in Figure 6.16(b). As shown, in the range of the
unit cost of land transportation from 2,000 to 24,000 yen/tU-km, there is no condition under which
the total cost of transportation on AR1 becomes the lowest. The fact that the break-even point for
AR1 and AR2 is 12,006 yen/tU-km in the base case, while it is 18,400 yen/tU-km in the Arctic Sea
route 150% cost case indicates that the Arctic Sea route is economically less advantageous than the
Vostochny port route.
Figure 6.17 Cycle costs under different scenarios
Figure 6.17 shows the ratios between the cycle costs in multilateral management and
country-based management shown in Figure 6.11 and the transportation cost in country-based
management (base case) under different scenarios. Under all scenarios, the ratio is located on the
left side of the break-even point at 4.47 (black dotted line), indicating that in the base case the
multilateral management framework is economically advantageous.
Table 6.18 Effect of unit cost of land transportation under different scenarios (marine transportation
cost: 1,200 yen/tU-km, cycle cost in country-based management: 1.410 yen/kWh)
Unit cost of land transportation (yen/tU-km)
8,000 10,000 12,000 14,000 16,000
CR
○
(1.401
yen/kWh)
×
(1.420
yen/kWh)
×
(1.438
yen/kWh)
×
(1.457
yen/kWh)
×
(1.476
yen/kWh)
AR1
○
(1.367
yen/kWh)
○
(1.385
yen/kWh)
○
(1.404
yen/kWh)
×
(1.423
yen/kWh)
×
(1.441
yen/kWh)
AR2
○
(1.352
yen/kWh)
○
(1.378
yen/kWh)
○
(1.404
yen/kWh)
×
(1.430
yen/kWh)
×
(1.456
yen/kWh)
AR3 ○
(1.342
○
(1.364
○
(1.386
○
(1.409
×
(1.431
0.5
0.7
0.9
1.1
1.3
1.5
1.7
1.9
1 2 3 4 5 6 7 8
Cyc
le c
ost(
yen
/kW
h)
Ratio of transport cost to the indigenous approach
CRAR1AR2AR3
Indigenous
approach
MNA
133
yen/kWh) yen/kWh) yen/kWh) yen/kWh) yen/kWh)
Table 6.19 Effect of unit cost of marine transportation under different scenarios (land transportation
cost: 8,400 yen/tU-km, cycle cost in country-based management: 1.410 yen/kWh)
Unit cost of marine transportation (yen/tU-km)
800 1,600 2,400 3,200 4,000
CR
○
(1.378
yen/kWh)
×
(1.432
yen/kWh)
×
(1.486
yen/kWh)
×
(1.540
yen/kWh)
×
(1.595
yen/kWh)
AR1
○
(1.355
yen/kWh)
○
(1.386
yen/kWh)
×
(1.417
yen/kWh)
×
(1.448
yen/kWh)
×
(1.480
yen/kWh)
AR2
○
(1.356
yen/kWh)
○
(1.358
yen/kWh)
○
(1.360
yen/kWh)
○
(1.362
yen/kWh)
○
(1.364
yen/kWh)
AR3
○
(1.344
yen/kWh)
○
(1.349
yen/kWh)
○
(1.355
yen/kWh)
○
(1.360
yen/kWh)
○
(1.365
yen/kWh)
Just as in the transportation cost analysis described above, cycle cost under different scenarios
was calculated for unit costs of land transportation ranging from 8,000 to 16,000 yen/tU-km. The
calculation results are shown in Table 6.18. In the table, a circle (○) indicates that the calculated
cycle cost is not larger than the cycle cost under country-based management (1.410 yen/kWh), and
an ex (×) indicates that the calculated cycle cost is higher than that. As shown in Figure 6.17, when
the unit cost of land transportation is 8,000 yen/tU-km, which is close to the base case, the cycle
cost is lower than the cost in country-based management under all scenarios, while when the unit
cost of land transportation is twice as high (i.e. 16,000 yen/tU-km), the economic advantage is lost
under all scenarios. Table 6.19 shows the effect of the unit cost of marine transportation analyzed in
a similar way. When marine transportation cost reaches or exceeds 2,400 yen/tU-km, which is twice
as high as in the base case, the economic advantage is lost under the CR and AR1 scenarios. In
contrast, under AR2 and AR3 scenarios there is an economical advantage even if the marine
transportation cost is more than three times as high as the cost in the base case. This is because the
marine transportation distances of AR2 and AR3 are relatively short (particularly AR2) and total
cost is hardly dependent on changes in marine transportation cost.
The results shown in Table 6.18 and Table 6.19 indicate that the AR3 scenario using the
Lianyungang Port route via the Eurasian Land Bridge is economically advantageous under almost all
conditions related to marine transportation.
2-3) Summary on economic efficiency
In this section, an evaluation model for comparing country-based management and
134
multilateral management with respect to nuclear fuel cycle cost was constructed, and the effects of
the economy of scale, transportation cost and delay in reprocessing facility operation on cycle cost
were analyzed. By showing break-even points associated with cost in country-based management
and multilateral management, economic advantages of multilateral management with respect to
transportation cost were shown. Furthermore, by taking the capacity of reprocessing facilities into
consideration, the economy of scale in the multilateral management framework was analyzed
quantitatively, and break-even points with respect to the capacity of reprocessing facilities relative
to country-based management were shown.
Also, scenarios concerning alternative routes including the existing uranium transportation
route were analyzed. It was found that in the base case, the multilateral management framework is
economically advantageous under all scenarios, but it loses its economic advantage when the unit
cost of land transportation is very high. It was also found that the scenario involving the route via
Lianyungang Port is economically advantageous under almost all transportation unit cost conditions.
It is thought, however, that because that scenario does not use an existing route, it may be difficult
under the present conditions to use the scenario of nuclear material transportation. It is believed that
in trying to construct a multilateral management framework assumed in this report, it is necessary to
establish or modify regulatory systems related to the transportation of nuclear materials via the
Eurasian Land Bridge.
In this section, attention was paid to the economy of scale of reprocessing cost and the cost of
spent fuel transportation with respect to the comparison between multilateral management and
country-based management frameworks, and economic evaluation was discussed without going into
details. Cycle cost within the multilateral management framework was analyzed without
considering a particular host country or partner country because overall cost within the framework
was estimated without considering particular entities. One of the next challenges, therefore, is to
estimate cost within an actual country-based management framework or a partially multilateral
management framework by calculating cycle cost from the standpoint of each country participating
in the multilateral management framework.
As shown in IAEA (2005), in the multilateral management framework, therefore, it is
important to decide on how cost should be allocated among the host countries and partner countries
in each project. This means that it is necessary to construct a model that encourages participation in
the multilateral management scheme instead of the country-based management scheme by offering
economic incentives. Another further challenge, therefore, is to create an evaluation model capable
of allowing for funding and capital contribution ratios, risk allocation and cost allocation among
host and partner countries for each project.
3) Demand–supply balance within framework
Concerning the demand–supply balance related to the front-end aspects of the nuclear fuel cycle in
the Asia region being considered in this study, it can be said that expected needs associated with
nuclear fuel cycle services in the MNA region can be met by considering the demand–supply
135
balance from the viewpoint of parameters such as the capacity of each country as shown in Table
1.3.4 in the appendix (at the end of this report). Concerning the back-end aspects (Table 2 in the
appendix), there is a lack of a sufficient amount of data, but the demand–supply balance is beyond
the scope of this study because it is not necessary to reprocess all spent fuel in the near future.
136
6.3 Further study and evaluation of nonproliferation
1) Study on regional safeguards systems
Regional safeguards constitute a core element in nuclear nonproliferation measures, and the
regional safeguards (regional system of accounting for and control of nuclear material, or RSAC)
implemented by IAEA and a number of countries are expected to further enhance nuclear
nonproliferation. A study was conducted, therefore, on the safeguards systems of EURATOM and
ABACC. Two major advantages of regional safeguards (RSAC) are as follows.
First, regional safeguards make it possible to ensure transparency of nuclear power use and
promote a relationship of trust while monitoring for non diversification of nuclear materials for
nuclear weapons among the member countries.
Second, human resources and research and development costs associated with safeguards
involving the member countries and IAEA can be used efficiently and effectively.
It is believed that the first advantage, namely, transparency and the relationship of trust, can
be enhanced by RSAC as described below.
Usually, safeguards, that is, nuclear material accounting is conducted on a country-by-country
basis. Nuclear material accounting consists of the accounting and control of nuclear materials and
reporting to IAEA conducted by facility operators and the state concerned and IAEA's independent
activities to check on the accuracy of the reports thus received. These activities are explained below
at the facility, state and IAEA levels.
Facility level
(a) Classifying the areas in which nuclear materials are handled as material balance areas
(MBA)
(b) Keeping records of the quantity of nuclear materials in each MBA
(c) Measuring and recording the transfer of all nuclear materials from one MBA to any other
MBAs and all changes in nuclear material quantity such as nuclear production and loss
(d) Taking physical inventory periodically to determine the quantity of nuclear materials in each
MBA
(e) Closing the material balances of two consecutive physical inventory periods and calculating
the quantity of material unaccounted for (MUF) in each period
(f) Preparing accounting programs for determining the accuracy of calibration and
measurement and recorded source data and batch data
(g) Evaluating the calculated MUF, which may indicate the occurrence of an unrecorded nuclear
loss or an accident, with respect to error limits
(h) Analyzing accounting information to determine the cause and magnitude of error in
recording unaccounted-for loss, accidental loss and unaccounted-for inventory
137
State-level
(a) If appropriate, preparing nuclear material accounting reports and submitting them to IAEA
(b) Ensuring that technical means and rules for nuclear material accounting are correctly used
and observed
(c) Making rules concerning IAEA inspectors' access and coordination necessary for IAEA's
verification activities
(d) Verifying the facility operator's nuclear material accounting capability as stipulated in the
SSAC rules
IAEA level
(a) Independently verifying nuclear material accounting information in facility records and state
reports and conducting activities stipulated in safeguards agreements
(b) Evaluating the effectiveness of SSAC
(c) Submitting statements concerning IAEA verification activities to the country concerned
Now that the Additional Protocol (AP) has been enacted, IAEA's activities stipulated in the
AP are added to the activities listed above (see Figure 6.18).
For the three-level safeguards mentioned above, the RSAC listed below may be used for the
Type A and Type B approaches as defined in this study (see Figure 6.19).
Nuclear material accounting and control and reporting of accounting data to the state by facility
operators
Accounting data check and reporting to IAEA by the state and MNA members
CSA activities and AP activities by IAEA and MNA members
RSAC activities in the Type C approach may include the following (see Figure 6.20):
Nuclear material accounting by MNA facility operators
Accounting data check and reporting to IAEA by MNA members
CSA activities and AP activities by IAEA and MNA members
Thus, if MNA members participate in or conduct facility accounting data checks, information
on nuclear materials increases considerably and nuclear material-related transparency of facilities
can be enhanced. Furthermore, since complementary access under the Additional Protocol (AP) is
based on information provided by other countries, the amount of interregional information increases
so that transparency and reliability are enhanced.
With respect to the second advantage, regional safeguards activities and appropriate allocation
of IAEA's verification roles contribute to effective allocation of human resources. Joint
development and use of equipment contributes to cost reduction.
138
Figure 6.18 Conventional country-based safeguards system
CSA inspection activities, AP activities
Reporting
Accounting data reporting by facility operator
International Atomic Energy
Agency (IAEA)
Nuclear power facilities
State Accounting data check
Figure 6.19 Regional safeguards system (Type A/Type B)
CSA inspection activities, AP activities
International Atomic Energy Agency (IAEA)
Nuclear power facilities
State, MNA Accounting data check
Reporting
Accounting data reporting by facility operator
International Atomic Energy Agency (IAEA)
CSA inspection activities, AP activities
Reporting
MNA
Accounting data check
Figure 6.20 Regional safeguards system (Type C)
Nuclear power facilities
Accounting data reporting by MNA
139
2) Evaluation of nonproliferation in multilateral management
For the purpose of nonproliferation evaluation, nuclear proliferation resistance in the nuclear
fuel cycle multilateral management scheme has been evaluated more qualitatively and
quantitatively.
In 2000, IAEA launched the International Project on Innovative Nuclear Reactors and Fuel
Cycles (INPRO). The project comprises nine areas, and three of them, collectively called the "3S's"
(i.e. nuclear proliferation resistance [IAEA safeguards], physical protection, and safety), are to be
evaluated comprehensively by INPRO assessors. Nuclear proliferation resistance is dealt with in
IAEA-TECDOC-1575 Rev. 1 Volume 5 (Nov. 2008),1)
which describes qualitative and quantitative
evaluation methods based on the design concept of the IAEA safeguards system (Safeguards
Concepts).
Its overall objective is to provide INS assessors in a country planning to introduce a nuclear
power generation program (or maintain or expand an existing program) with guidance on how to
apply the INPRO methodology in that particular area. This manual focuses specifically on the
method of evaluating an innovative nuclear energy system (INS) incorporated into an existing (or
planned) nuclear nonproliferation system. The main objective of this manual is to provide guidance
to INPRO assessors on how to check on the effectiveness of INS in achieving proliferation
resistance goals. The manual, however, is also designed to provide some guidance on methods of
strengthening proliferation resistance measures to developers of nuclear technologies.
One of the main purposes of research on multilateral management schemes is to evaluate
nonproliferation associated with nuclear power facilities mainly in the Asian countries planning to
introduce a nuclear power generation program (or maintain or expand an existing program). We
considered it appropriate, therefore, to adopt the evaluation method described in the INPRO
proliferation resistance manual mentioned above. Hence, qualitative and quantitative evaluation was
made by referring directly to the manual.
2-1) Evaluating proliferation resistance according to IAEA's INPRO manual
Nuclear nonproliferation of the multilateral management scheme was evaluated in accordance
with the Guidance for the Application of an Assessment Methodology for Innovative Nuclear
Energy Systems (INPRO Manual: Proliferation Resistance, Volume 5 of the Final Report of Phase 1
of the International Project on Innovative Nuclear Reactors and Fuel Cycles).
"INPRO: Proliferation Resistance " mainly describes basic concepts for the conceptual design
of IAEA safeguards to be applied on a country-by-country basis. Proliferation resistance consists of
intrinsic features and extrinsic measures. The former constitute resistance due to the characteristics
of nuclear material or facilities, and the latter constitute technological resistance due to IAEA
safeguards activities. Overall proliferation resistance is the totality of the two types of resistance.
The manual also identifies characteristics of proliferation resistance under a multilateral
140
management scheme. In this section, therefore, proliferation resistance under a multilateral
management scheme is evaluated by the method described in the manual.
First of all, there is INPRO's basic principle (BP) in the area of proliferation resistance. Under
the basic principle, five user requirements (UR1 to UR5) were specified. For each of those
requirements, a number of criteria (CR) were specified. For each of those criteria, there is an
indicator (IN), and acceptance limits (AL) have been specified for each criterion.
The evaluation of the multilateral management scheme under consideration in this study
involves the determination of the degree of achievement of these URs, CRs and INs relative to their
ALs. The ALs are further classified into more specific evaluation parameters, EP. Proliferation
resistance is evaluated by following the procedure described above.
Basic principle (BP) in proliferation resistance: Proliferation resistance intrinsic features and
extrinsic measures shall be implemented throughout the full life cycle for innovative nuclear energy
systems to help ensure that INSs should continue to be an unattractive means to acquire fissile
material for a nuclear weapons program. Both intrinsic features and extrinsic measures are essential,
and neither shall be considered sufficient by themselves.
(a) UR1: State commitments
User requirement UR1: States' commitments, obligations and policies regarding nonproliferation and its
implementation should be adequate to fulfill international standards in the nuclear nonproliferation regime.
Criteria (CR)
Indicator (IN) Acceptance Limits (AL)
CR1.1 Legal framework
IN1.1: States' commitments, obligations and policies
regarding nonproliferation established?
AL1.1: Yes, they are established in accordance with
international standards.
CR1.2 Institutional structural arrangements
IN1.2: Institutional structural arrangements in support of
PR have been considered?
AL1.2: Yes, they are considered based on expert
judgment.
Acceptance limits (AL) are evaluated according to the evaluation parameters EP and their
evaluation scales. Evaluation results for the multilateral management scheme based on EPs and
evaluation scales have been tabulated below.
UR1 Illustrative evaluation scale for adequacy of States' commitments, obligations and policies
User requirement UR1: States' commitments, obligations and policies regarding nonproliferation and its
implementation should be adequate to fulfill international standards in the nuclear nonproliferation regime.
Indicator
IN
Evaluation parameter
EP
Evaluation scale
W S N/A*
IN1.1: EP1.1.1: Party to NPT. No Yes
141
States' commitments,
obligations and
policies regarding
nonproliferation to
fulfill international
standards.
EP1.1.2: Party to Nuclear-weapons-free zone (NWFZ) treaty. No Yes
EP1.1.3: Safeguards agreements according to the NPT in force. No Yes
EP1.1.4: Additional Protocol in force. No Yes
EP1.1.5: For those who are not party to the NPT, other
safeguards agreements (e.g. INFCIRC/66) in force.
No Yes
EP1.1.6: Export control policies of NM and nuclear
technology.
No Yes
EP1.1.7: Regional SAC in force. No Yes
EP1.1.8: State SAC in force. No Yes
EP1.1.9: Relevant international conventions/treaties in force. No Yes
EP1.1.10: ** Recorded violation of nonproliferation
commitments.
Yes No
IN1.2:
Institutional
structural
arrangements
EP1.2.1: Multi-lateral ownership, management or control of
NES (multilateral, multi-national).
No Yes
EP1.2.2: International dependency with regard to fissile
materials and nuclear technology.
No Yes
EP1.2.3: Commercial, legal or institutional arrangements that
control access to NM and INS.
No Yes
* Not Applicable (N/A) is only for EP that may not be relevant because the treaty or commitment is not available
for the country being assessed.
Evaluation of UR1
MNA member countries fulfill the commitments and obligations specified in evaluation
parameters (EP). Since the acceptance limits (AL) are met, the user requirement UR1 is met.
(b) UR2: Attractiveness of nuclear material and nuclear technology
User requirement UR2: The attractiveness of nuclear material (NM) and nuclear technology in an INS for a
nuclear weapons program should be low. This includes the attractiveness of undeclared nuclear material that
could credibly be produced or processed in the INS.
Criteria (CR)
Indicator (IN) Acceptance limits (AL)
CR2.1 Attractiveness of nuclear material characteristics
IN2.1: NM quality AL2.1: Attractiveness based on NM
characteristics considered in the design of INS
and found acceptably low based on expert
judgment.
CR2.1 Attractiveness of nuclear material quantity
IN2.2: NM quantity AL2.2 = AL2.1
CR2.3: Attractiveness of nuclear material shape
142
IN2.3 NM classification AL2.3 = AL2.1
CR2.4: Attractiveness of nuclear technology
IN2.4: Nuclear technology AL2.4: Attractiveness of technology considered
in the design of INS and found acceptably low
based on expert judgment.
Evaluation of UR2
The INPRO manual states as follows:
Criterion CR2.1, CR2.2 and CR2.3 attractiveness of nuclear material
At the time this report was written, no metric exists that could be used to determine quantitatively
the attractiveness of a nuclear system. Therefore, at the moment, the INPRO assessor can assess the
attractiveness of nuclear material and technology (see the following criterion) of an INS only
qualitatively.
Thus, the acceptance limits AL2.1 to AL2.3 are met, if evidence is available to INPRO assessors
that the technology developer has considered the attractiveness of the nuclear material to be used in
the INS and safeguards experts have judged it acceptably low in the context of the requirement to
implement safeguards effectively and efficiently.
Criterion CR2.4 attractiveness of nuclear technology
No metrics exist to determine the attractiveness of a nuclear system quantitatively.
Thus, the acceptance limit AL2.4 is met, if evidence is available to INPRO assessors that the
technology developer has considered the attractiveness of the nuclear technology used in the INS
and safeguards experts have judged it acceptably low in the context of the requirement to implement
safeguards effectively and efficiently.
Regardless of the attractiveness of the nuclear material and technology used in an INS, sufficient
proliferation resistance of an INS must and can be achieved by the implementation of effective
safeguards in each of its nuclear facilities. Broadly speaking, a higher attractiveness of the nuclear
material and technology to be used in an INS may result in an increased effort for safeguards
implementation.
Thus, if safeguards experts judge that safeguards (extrinsic measures) have been implemented
effectively and efficiently, INPRO assessors may judge that the attractiveness of the nuclear
material at the facility concerned is acceptably low. In other words, if effective and efficient
safeguards (extrinsic measures) are not implemented, the attractiveness of the nuclear material at
the facility concerned cannot be made acceptably low. Proliferation resistance, therefore, directly
143
reflects the characteristics of nuclear material.
(c) UR3 Difficulty and detectability of diversion
User requirement UR3: The diversion of nuclear material (NM) should be reasonably difficult and detectable.
Diversion includes the use of an INS facility for the production or processing of undeclared material.
Criteria (CR)
Indicator (IN) Acceptance limits (AL)
CR3.1 Quality of measurement system
IN3.1: Accountability AL3.1: Based on expert judgment, equal or
better than existing facilities, meeting
international state of practice.
CR3.2 C/S measures and monitoring
IN3.2: Amenability AL3.2: Based on expert judgment, equal or
better than existing facilities, meeting
international best practice.
CR3.3 Detectability of NM
IN3.3: Detectability of NM. AL3.3: Based on expert judgment, equal or
better than existing facilities.
CR3.4 Facility process
IN3.4: Difficulty in modifying process. AL3.4: Based on expert judgment, equal or
better than existing facilities, meeting
international best practice.
CR3.5 Facility design
IN3.5: Difficulty in modifying facility design. AL3.5 = AL3.4
CR3.6 Facility misuse
IN3.6: Detectability of misuse of technology or facilities. AL3.6 = AL3.4
Acceptance limits (AL) are evaluated according to evaluation parameters (EP) and their evaluation
scales.
Evaluation of UR3
This user requirement concerns the implementation of effective and efficient safeguards
(extrinsic measures) for MNA facilities. This requirement may be a requirement to be met more by
implementers of extrinsic measures (safeguards) rather than users. Under the multilateral
management scheme, however, the multilateral management scheme (AMMAO), like IAEA, is an
organization involved in the implementation of regional safeguard measures. What is to be judged,
therefore, is whether UR3 is met by the establishment of the concept of safeguards and their
implementation by the safeguards-implementing organizations (IAEA, AMMAO). With respect to
regional safeguards, although that judgment is to be made by safeguards experts, effective and
efficient safeguards (extrinsic measures) must be achieved and can be achieved. UR3, therefore, can
be met.
144
(d) UR4 Multiple barriers
User requirement UR4: Innovative nuclear energy systems should incorporate multiple proliferation
resistance features and measures.
Criteria (CR)
Indicator (IN) Acceptance limits (AL)
CR4.1 Defence in depth
IN4.1: The extent by which the INS is protected by
multiple intrinsic features and extrinsic measures.
AL4.1: All plausible acquisition paths are (can
be) protected by extrinsic measures at the
facility or State level and by intrinsic features
that are compatible with other design
requirements.
CR4.2 Robustness of PR barriers
IN4.2: Robustness of barriers protecting each acquisition
path.
AL4.2: Robustness is sufficient based on
expert judgment.
Acceptance limits (AL) are evaluated according to evaluation parameters (EP) and their evaluation
scales. Evaluation results obtained by using the EPs and evaluation scales under the multilateral
management scheme have been tabulated below.
Illustrative scales for the evaluation of multiplicity of PR features and measures
User requirement UR4: Innovative nuclear energy systems should incorporate multiple proliferation resistance
features and measures.
Indicator
IN
Evaluation parameter
EP
Evaluation scale **
W S
IN4.1: The extent by which
the INS is protected by
multiple intrinsic features
and extrinsic measures.
EP4.1: All plausible
acquisition paths are (can
be) protected by extrinsic
measures at the facility or
State level and by intrinsic
features that are compatible
with other design
requirements.*
No Yes
IN4.2: Robustness of
barriers protecting each
acquisition path.
EP4.2: Robustness is
sufficient based on expert
judgment. No Yes
145
* The evaluation of these indicators requires detailed acquisition path analysis (see Annex D for an example of
such an approach).
** Scales for evaluation parameters are subject to further consideration.
Evaluation of UR4
Under the multilateral management scheme (AMMAO), multi-barrier measures such as IAEA
safeguards, regional safeguards, nuclear security measures and safety criteria are applied. Because
of the multiplicity of proliferation resistance features and measures, requirement UR4 can be met.
(e) UR5: Optimization of design
User requirement UR5: The combination of intrinsic features and extrinsic measures, compatible with other
design considerations, should be optimized (in the design/engineering phase) to provide cost-effective
proliferation resistance.
Criteria (CR)
Indicator (IN) Acceptance limits (AL)
CR5.1 Incorporation of PR into INS design
IN5.1: PR has been taken into account as early as possible
in the design and development of the INS.
AL5.1: Yes.
CR5.2 Cost of PR
IN5.2: Cost of incorporating into an INS those intrinsic
features and extrinsic measures, which are required to
provide or improve proliferation resistance.
AL5.2: Minimal total cost for all of the
intrinsic features and extrinsic measures
implemented to increase PR over the life cycle
of the INS.
CR5.3 Verification approach
IN5.3: Does a verification approach with a level of
extrinsic measures agreed to between the State and
verification authority (e.g. IAEA, regional SG
organization, etc.) exist?
AL5.3: Yes.
Acceptance limits (AL) are evaluated according to evaluation parameters (EP) and their evaluation
scales.
Evaluation of UR5
Under the multilateral management scheme, any type of analysis must be conducted.
IN5.3, a verification approach with a level of extrinsic measures agreed to between the State and
verification authority (e.g. IAEA, regional SG organization, etc.), is particularly important. Valid
and effective extrinsic measures must be analyzed and agreed to by and between IAEA, AMMAO
and the state concerned. As a result, UR5 is met.
146
(f) Summary
Nuclear proliferation resistance requires both intrinsic features and extrinsic measures, and an
adequate level of proliferation resistance cannot be achieved without having both of them. Upon
this basic principle, five user requirements (UR1 to UR5) have been specified. A number of criteria
(CR) have been specified for each requirement, and proliferation resistance is evaluated according
to indicators (IN) and acceptance limits (AL) for each criterion. Acceptance limits (AL) consist of
evaluation parameters (EP) and evaluation scales.
UR1: The user requirement concerning state commitment can be met because the MNA member
countries are required to be party to NPT, safeguards agreements and regional nonproliferation
treaties, etc.
UR2: With respect to the attractiveness of nuclear material and nuclear technology, the
attractiveness of the nuclear material at the facility concerned cannot be made acceptably low unless
effective and efficient safeguards (extrinsic measures) are implemented.
UR3: The requirement UR3 concerning the difficulty and detectability of diversion can be met
because with respect to regional safeguards, effective and efficient safeguards (extrinsic measures)
must be and can be achieved.
UR4: As for multiple barriers, various multiple barrier measures such as IAEA safeguards, regional
safeguards, nuclear security measures and safety criteria are implemented under the multilateral
management scheme (AMMAO).
UR5: Design is optimized among IAEA, AMMAO and the state concerned for effective and
efficient extrinsic measures.
Thus, under the multilateral management scheme (AMMAO), although the attractiveness of
nuclear material and nuclear technology is the same as in conventional country-by-country
management, member countries are required to become party to necessary conventions and agreements,
and effective extrinsic measures are taken under the regional safeguards scheme. Combined use is
made of various measures including nuclear security measures, and optimization efforts are made for
extrinsic measures. As a result of these measures, overall proliferation resistance is enhanced.
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6.4 Participation incentives for candidate countries
As mentioned earlier, potential MNA member countries in Asia include Japan, Korea, China
(including Taiwan), Russia, Kazakhstan, Mongolia, and emerging nuclear power countries in
Southeast Asia (e.g. Vietnam, Thailand, Malaysia, Indonesia).
In addition to technological capability and industrial capacity, “political stability” is one of the
requirements for an MNA facility site country (host country). How nuclear security can be ensured
is another important consideration. From those viewpoints, host countries and site countries were
considered.
Even if a country is to start or continue activities for the peaceful use of nuclear energy, the
country has to participate in an international system, and nonproliferation constraints due to NSG
and bilateral agreements are considerable. In cases where a country participates in the MNA
framework, overall advantages are thought to be considerable as long as the nuclear fuel cycle
consisting of different constituent technologies of the member countries can be used successfully
even if the member countries' commitments to nonproliferation become stronger. Likely incentives
for the potential member countries are listed below.
Incentives for Kazakhstan may include expanded front-end business opportunities for the
production and sale of fuel, future entry into back-end business and smooth provision of
services (including transportation).
Mongolia: Front-end business (technological assistance from industrialized countries), smooth
provision of services (including transportation)
Russia: Front-end and back-end business—use of Russian-made fuel for PWRs and BWRs in
the Western countries, expanded enrichment business, diffusion of VVER and smooth provision
of services (including transportation)
Korea: Expanded nuclear power business, solution to spent fuel/back-end (including
reprocessing) problems (including smooth provision of services [including transportation])
China: Entry into nuclear power (mainly front-end) business in Asia and smooth provision of
services (including transportation)
Japan: Solution to spent fuel problems, stable supply of fuel, new possibilities of plutonium
utilization, smooth provision of services (including transportation), and comprehensive nuclear
fuel cycle-related services to promote the export of Japan's nuclear power materials and
equipment
Service recipient countries including Taiwan: Receiving supply of fuel and spent fuel-related
services (Taiwan: solution to spent fuel problems) as member countries and smooth provision of
services (including transportation)
Emerging countries: To enjoy benefit of assured services on nuclear fuel supply at market price
and on spent fuel treatment
(Industry: Smooth implementation of projects under agreement among member countries, host
countries and site countries, promotion of “Principles of Conduct” (see Section 6.5))
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Particularly noteworthy here are the fact that Kazakhstan, which is a non-nuclear weapons
state, is exploring business opportunities including the use of enrichment facilities located outside
the territory (Russia) for Kazakhstan's uranium and Russia's interest in back-end business. In
Kazakhstan's case, there are two reasons (MNA workshop held in December, 2012, at the
University of Tokyo). One is political concern about a possible negative reaction of the international
community if uranium enrichment is started in Kazakhstan. The other reason is that since there is
already an established uranium enrichment market, the commencement of uranium enrichment from
scratch is not economically justifiable. The same thing can be said about the reprocessing of spent
fuel and the handling of recovered MOX. Within the international framework (i.e. beyond the scope
of management by a single country) of MNA, political concern about a negative reaction from the
international community is not necessarily a major concern related to nuclear nonproliferation. It
can be said, therefore, that there may be business opportunities if economically justifiable. It should
be kept in mind, however, that the discussions on the incentives mentioned above focus mainly on
business potential and needs. Challenges (disincentives) to be addressed in order to make the
multilateral management scheme a reality may include public acceptance of the scheme,
nationalism and response to complex legal regulation dealt with in this study.
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6.5 Research on role of industry in international nuclear fuel cycle
1) Content of "Principles of Conduct"
As part of nuclear power-related services, front-end (uranium fuel supply) services are being
provided, along with nuclear reactors, by private corporate entities. Tables 3, 4, 5 and 6 in the
Appendix list resource-supplying countries and corporate entities in the world engaged in
conversion, enrichment and fuel fabrication (the differences between the data shown in the tables
and the data shown in Tables 1 and 2 are due to the differences in when and where the data were
obtained).
As is evident from the tables, it can be said that front-end services are managed by the market
mechanism and a number of consortiums. On the other hand, there are few corporate entities
offering back-end services (particularly interim storage and waste disposal).
The MNA framework can only be established through the involvement of corporate entities. It
is believed, therefore that those corporate entities must set standards of conduct to take
responsibility as nuclear power related service providers and consider offering comprehensive
services related to the back-end of the fuel cycle.
On September 15, 2011, the world's leading nuclear power reactor manufacturers announced
the Nuclear Power Plant Exporters' Principles of Conduct (hereafter referred to as the "Principles of
Conduct"). The Principles of Conduct, which are a set of self-imposed standards of conduct that
exporters of nuclear power reactors promise to observe voluntarily, are the culmination of
discussions held since October 2008 under the leadership of the U.S. think-tank Carnegie
Endowment for International Peace with the assistance of experts in various disciplines.
The Principles of Conduct specify a set of principles in six categories (Safety, Health and
Radiological Protection; Physical Security; Environmental Protection and Handling of Spent Fuel
and Nuclear Waste; Liability for Nuclear Damage; Nonproliferation and Safeguards; and Ethics)
that nuclear reactor manufacturers should consider when exporting nuclear reactors as an
integration of the standards and best practices that have so far been internationally established in
each field (details are shown below).
Principle 1: Safety, Health and Radiological Protection
Before entering into a contract to supply a nuclear power plant to a Customer, Vendors expect that
the Customer State:
Is a party to the Convention on Nuclear Safety, or has indicated its intention to become a
party before operation of the plant begins (1.1).
Before entering into a contract to supply a nuclear power plant to a Customer, Vendors should
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have made a reasonable judgment that the Customer has:
A legislature, regulatory, and organizational infrastructure required for implementing a
nuclear power program with due attention to safety either in place or under development
following the guidance provided in the IAEA Safety Standard "Establishing the Safety
Infrastructure for a Nuclear Power Programme" (1.2);
Either an existing industrial infrastructure to support safe long-term operation, or a credible
plan to develop such an infrastructure before operation of the nuclear power plant begins
(1.3); and
Taken into account international operating experience and severe accident considerations
(1.4).
Vendors commit to:
Export reactors conforming to IAEA's safety standards, etc. (1.5);
Exchange information with the scientists and experts of the Customer State, as required, to
adapt the design to local conditions (1.6);
Provide for, among the items that should be covered by a contract to supply a nuclear power
reactor, the provision of safety documentation and safety analysis reports, the promotion of
a safety culture, the assurance of competent construction management, subcontracting
requirements, the development of the Customer's human resources, etc. (1.7); and
Cooperate in improving the infrastructure that influences safe nuclear power reactor operation
(development of local technological infrastructure, development of comprehensive plans for
emergency response).
Principle 2: Physical Security
In designing nuclear power reactors, Vendors should:
Incorporate design provisions made for security (2.1);
Ensure security design provisions are compatible with safety and emergency response
requirements (2.2);
Cooperate with the Customer State to incorporate the Customer State's Design Basis Threat
(2.3); and
Incorporate within design provisions the potential for damage from security threats in
accordance with the Customer State's Design Basis Threat (2.4).
Before entering into a contract to supply a nuclear power reactor to a Customer, Vendors should
have made a reasonable judgment that the Customer State has or in a timely manner should have:
Provided information to the Vendor on the results of Design Basis Threat analysis (2.5);
Become a party to the Convention on the Physical Protection of Nuclear Materials (2.6);
Participated in the International Convention for the Suppression of Acts of Nuclear
Terrorism (2.7); and
Developed a legislative and regulatory infrastructure for nuclear security (2.8).
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Vendors may, if requested, help the Customer State and the Customer:
Ensure physical security provisions have been undertaken based on an established standard
(2.9);
Make routine evaluations of security response capabilities (2.10);
Establish an integrated safety and security oversight organization (2.11); and
Ensure coordination between law enforcement and other Customer State agencies and plant
security and continuous improvement (2.12).
Principle 3: Environmental Protection and the Handling of Spent Fuel and Nuclear Waste
Before entering into a contract to supply a nuclear power reactor to a Customer, the Vendor
should have made a reasonable judgment that the Customer State either has or should have in a
timely manner:
Enacted national nuclear laws or developed a regulatory framework that formalizes a
credible national strategy and/or a plan to, in a safe, secure and environmentally sound
manner, manage or dispose of spent fuel and radioactive waste and addresses safeguards
obligations, safety, security, human health issues, etc. (3.1); and
Ratified, accepted, or otherwise applied the principles of the “Joint Convention on the
Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management”
(3.2).
Vendors should seek to design plants that:
Enhance environmental benefits and minimize environmental impact (3.3);
Provide for safe and secure on-site storage of spent fuel (3.4); and
Facilitate ultimate plant decommissioning (3.5).
In exporting a nuclear power reactor, Vendors should seek to:
Address the responsible management by Customers of spent fuel and other radioactive
materials and waste (3.6).
Vendors should help the Customer State and the Customer in:
The protection of the environment through the responsible use of natural resources, the
reduction of waste and emissions, and the minimization of harmful impacts on the
environment (3.7);
A precautionary approach to the environment consistent with the definition provided in the
United Nations Global Compact and the Rio Declaration (3.8); and
The development in Customer States of systems for the long-term management of spent
fuel and/or radioactive waste that are rational, economic, safe, secure, and consistent with
Customer States' safeguards obligations (3.9).
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Principle 4: Liability for Nuclear Damage
Before entering into a contract to supply a nuclear power reactor to a Customer, the Vendor
should independently make a reasonable judgment that the Customer State has in force, or should
have in force before fuel is delivered in the Customer State's territory, a legal regime for
providing adequate liability for nuclear liability in the unlikely event of an accident, with
protection in effect equivalent to one or more of the following best practices:
A legal regime for adequate liability for nuclear liability that contains adequate liability limits
and financial protection, is backed by Customer State guarantees, ensures that claims for liability
should be channeled to the operator of the nuclear power reactor(s) that would be strictly and
exclusively liable, etc. (4.1);
Being in a treaty relationship with the Vendor State under either the Vienna Convention on
Civil Liability for Nuclear Damage or the Paris Convention on Third Party Liability in the
Field of Nuclear Energy (4.2); and/or
Being a party to the Convention on Supplementary Liability for Nuclear Damage (CSC)
(4.3).
Principle 5: Nonproliferation and Safeguards
As a manifestation of their strong commitment to the peaceful uses of nuclear energy and
nonproliferation, Vendors undertake to:
Pay special attention to and promote proliferation-resistant designs and take into account
safeguards requirements in design (5.1);
Pay special attention to the exclusively peaceful use of NSG Guidelines' trigger list and
dual-use list items delivered by the Vendor (5.2);
Seek to obtain a commitment from the Customer to implement at the facility a System of
Accounting for and Control of Nuclear Materials and a safeguards approach consistent with
its obligations to IAEA(5.3);
Inform in a timely manner the appropriate authority of the Vendor State and, as appropriate,
other Vendors adhering to these Principles, of any serious nonproliferation concerns related
to the equipment, materials, and technology provided by the Vendor to the Customer (5.4);
and
Consult closely with the Vendor State and act in accordance with its instructions upon being
informed by the Vendor State or becoming directly aware of actions or events that would
raise serious concerns about compliance with the global nonproliferation regime (5.5).
In addition to the above-mentioned provisions, Vendors welcome the inclusion by the Vendor
States of provisions in bilateral agreements requiring a Customer State to implement effective
nuclear export controls and to have an IAEA Additional Protocol in force.
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Principle 6: Ethics
In conducting their activities, Vendors seek to:
Comply with high business standards in their interactions with Customers (6.1);
Communicate with good faith, and in the spirit of transparency, about these principles
(6.2);
Promote worker safety and protect public health and the environment (6.3);
Take into account the principle of sustainable development, including the effects of
projects on the environment and society (6.4);
Proactively cooperate with Customers to inform and consult in a participatory manner with
nearby communities (6.5);
Have in place internal programs to discourage corruption and to encourage compliance
with anticorruption laws (6.6);
Respect fundamental labor rights (6.7);
Respect human rights (6.8); and
Encourage their suppliers, subcontractors, and other participants in the nuclear power
industry to demonstrate the same respect for these ethical commitments (6.9).
2) Nature of the “Principles of Conduct”
Representing self-imposed principles that nuclear reactor manufacturers promise to adhere to
in their nuclear power business activities, the Principles of Conduct are not legally binding. The
“Principles of Conduct” include items requiring that in exporting nuclear power reactors, their
manufacturers should judge that the countries receiving the nuclear power reactors or Customers
(i.e. operators of the nuclear power reactors) meet certain requirements and items requiring that
nuclear power reactor manufacturers themselves make commitments.
The former items include enactment of treaties in various fields and the observance of IAEA
standards and guidelines. The latter include the incorporation of safety, security and safeguards
requirements in the design of nuclear power reactors and assistance in infrastructure development in
the countries receiving nuclear power reactors.
3) Characteristics of the “Principles of Conduct”
(1) Integrated efforts for nuclear safety and nuclear security
Nuclear safety management and nuclear security management deal with different types of
events (nuclear safety: natural disasters and nuclear accidents due to negligence, nuclear security:
nuclear accidents due to acts of sabotage), but public health and environmental protection are their
common objectives. Furthermore, measures taken for nuclear safety (or nuclear security) may also
contribute to nuclear security (or nuclear safety). It is becoming an increasingly common view,
therefore, that integrated efforts should be made for nuclear safety and nuclear security, instead of
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dealing with them separately.104
The loss of power sources and other events that took place in the
Fukushima Nuclear Power Plant accident in March, 2011 could have resulted from an act of terrorism
by a non-state entity instead of a natural disaster. It has been suggested, therefore, that there is a need
to reconsider measures to be taken at nuclear power facilities and regulatory measures to be taken
from the viewpoint of not only nuclear safety but also nuclear security and to pursue a more integrated
approach to both nuclear safety and nuclear security.105
Items 2.2 and 2.11 in the “Principles of Conduct” reflect such changes and mention integrated
management of nuclear safety and nuclear security in the design of and regulation associated with
nuclear reactors. Japan's newly established “Nuclear Safety Agency” is to be responsible for nuclear
security, too, and Korea also established the Nuclear Safety and Security Commission.106
It is
possible that the approach of establishing a single organization responsible for both nuclear safety
and nuclear security is adopted in other countries, too.
(2) Treatment of safeguards
Many items in the “Principles of Conduct” state that in supplying nuclear power reactors,
Vendors should judge that Customer States meet certain requirements. The item concerning
safeguards, however, does not require that Vendors judge that Customer States have an IAEA
Additional Protocol in force. Instead, it merely states that Vendors welcome the inclusion by Vendor
States of provisions in bilateral agreements requiring a receiving state to have an IAEA Additional
Protocol in force. Whether having the IAEA Additional Protocol in force should be made a
requirement for the transfer of nuclear materials, equipment or technology was discussed among the
NSG members in response to the suggestion by President Bush of the United States in 2004, but it
has not yet become a reality. The agreed “Principles of Conduct” is considered to indicate that this
is a delicate political issue that has not yet been settled at the Vendor State level.
The “Principles of Conduct” do not seem to require receiving states to enter into a
comprehensive safeguards agreement. It is thought that the intent here is to avoid creating an
obstruction to the transfer of nuclear power reactors to India, which has not yet entered into a
comprehensive safeguards agreement.
(3) Incorporation of nuclear nonproliferation and nuclear security into design requirements
The “Principles of Conduct” include items providing for the incorporation of not only nuclear
safety107
but also nuclear nonproliferation and nuclear security into requirements for the design of
nuclear power reactors (2.1, 5.1). Although there are guidelines created by IAEA concerning
104 For example, The Interface between Safety and Security at Nuclear Power Plants (INSAG-24)
Report by the International Nuclear Safety Group, 2010
http://www-pub.iaea.org/MTCD/publications/PDF/Pub1472_web.pdf 105 For example, Time for an Integrated Approach to Nuclear Risk Management, Governance and Safety/Security/Emergency Arrangements 106 Statement by Dr. Chang-Kyung KIM, Vice Minister of Ministry of Education, Science and Technology, Head Delegate of
Republic of Korea, at the 55th General Conference of the International Atomic Energy Agency 107 Nuclear safety is mentioned in Item 1.5.4 as follows: "(nuclear power reactors) are designed in accordance with the IAEA Safety
Requirements, giving due consideration to relevant IAEA Safety Guides, and meeting regulatory requirements of the Customer State."
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nuclear safety, there are no guidelines concerning the incorporation of safeguards, nuclear security
or proliferation resistance into design requirements, and the extent of such incorporation is left to
the judgment of Vendors. The inclusion of such provisions itself, however, is thought to be
significant. In order to make them more effective, it is necessary to agree upon more specific
requirements to be met at the design stage through guidelines, etc.
(4) Treatment of liability for nuclear damage
International treaties in the field of nuclear liability, namely, the Vienna Convention on Civil
Liability for Nuclear Damage, Paris Convention on Third Party Liability in the Field of Nuclear
Energy, and domestic laws incorporating these treaties stipulate that except in the event of a nuclear
accident caused intentionally by a third party such as a Vendor, only the organization operating the
nuclear reactor concerned be held liable for damage resulting from a nuclear accident. In India,
however, under the Civil Liability for Nuclear Damage Act enacted in 2010, in the event of a
nuclear accident caused by a defect in nuclear materials or equipment supplied by a nuclear reactor
manufacturer, the operating organization may demand liability from the manufacturer. High risks to
manufacturers, therefore, are hindering the supply of nuclear materials or equipment to India.
The “Principles of Conduct” promise that the Vendor judges that the receiving state meets,
before fuel is delivered, at least one of the following conditions: (1) having in force a domestic law
that ensures that claims for liability should be channeled to the operator of the nuclear power reactor
strictly and exclusively (2) becoming a party to the Vienna Convention on Civil Liability for
Nuclear Damage or the Paris Convention on Third Party Liability in the Field of Nuclear Energy,
and (3) becoming a party to the Convention on Supplementary Liability for Nuclear Damage (CSC).
At present, India meets none of these conditions. It is thought, therefore, that in order to meet one or
more of those conditions, it is necessary to take some type of action such as amending current
domestic laws that allow liability for nuclear liability by a nuclear reactor manufacturer. We do not
think that the “Principles of Conduct” are designed specifically to cope with India-related issues.
We should pay attention, however, to the response of the Indian government since leading nuclear
power reactor manufacturers have unanimously expressed their support for the Vienna Convention,
Paris Convention and the international rules stipulating the exclusive responsibility of plant
operators.
4) Significance
Nuclear power generation involves risks in terms of safety, security and nuclear proliferation.
Vendor States and Vendors of nuclear power materials and equipment, therefore, have a stake in and
are responsible for activities to keep under control risks due to nuclear power generation in the
receiving states. At the government level, it is standard practice for a Vendor State of nuclear power
materials and equipment to enter into a bilateral agreement to obtain the receiving state's commitment
concerning nonproliferation and physical protection.108
In order to ensure fair competition in nuclear
108 Nuclear power cooperation agreements include those containing commitments associated with nuclear safety.
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power transactions, it is desirable to minimize differences in the commitment to be obtained from
receiving states between Vendor States. A certain level of standardization is achieved by the NSG
Guidelines.
There have been no common rules, however, to be observed by Vendors when exporting their
nuclear materials and equipment to nuclear power generation organizations in receiving states under
nuclear power cooperation agreements.109
The recently agreed “Principles of Conduct” are
noteworthy because they cover a number of fields that are not covered by the NSG Guidelines, such
as safety, spent fuel and waste management, liability for nuclear damage, and ethics, and include
detailed provisions in each field.
It is hoped that the “Principles of Conduct” are adhered to so that they are firmly established,
and similar efforts increase throughout the nuclear power industry including enrichment suppliers
and fuel manufacturers.
5) Role of industry associated with international nuclear fuel cycle
In the multilateral approach to the nuclear fuel cycle, international efforts are made to deal
with back-end issues, which are currently difficult to cope with because of poor feasibility in the
nuclear power industry, along with front-end issues. The multilateral approach is being hailed as a
means of promoting nuclear power business. Economic rationality and business equality are the
keys to industry involvement.
The fact that the nuclear power industry voluntarily established the “Principles of Conduct”
concerning the 3S's, environmental protection and the handling of spent fuel and waste, liability for
nuclear damage, and ethics associated with the export of nuclear power plants indicates that this
special industry is aware of their necessity and importance. In reality, however, efforts to maintain
economic rationality and equality under the principle of competition need to be backed by
international-level rather than government-level commitments.
In this sense, it is believed that the proposed agreements among the MNA member countries
concerning the 3S's, export control, transportation, liability for nuclear damage, handling of waste,
etc. should be effective in promoting front-end and back-end business.
6.6 Forum for discussion on establishment of international nuclear fuel cycle framework
Options available to make the proposed framework a reality include using an existing
framework such as APEC as a foundation for a new framework and creating a new framework
involving a small number of countries and expanding it later. The approach of creating a new
109 Similar rules include the Charter of Ethics of the World Nuclear Association. The Charter of Ethics, however, is a brief description
of a set of principles of nuclear power business.
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framework involving a small number of countries and expanding it according to emerging needs in
the years to come, as can be seen in the regional safeguards framework established by Argentine
and Brazil (ABACC), is definitely an option. Since, however, cooperation activities are limited and
later expansion is thought to be no easy task, starting discussions within an existing framework may
be a more realistic approach.
In connection with the approach of using an existing framework, Table 6.20 compares some
of the existing frameworks for cooperation in Asia. The activities of the Association of Southeast
Asian Nations (ASEAN; formed in 1968), the expanded successor of the Association of Southeast
Asia (ASA, established in 1961), cover regional cooperation in economy, society, politics, security,
culture and other areas. Asia-Pacific Economic Cooperation (APEC) held the first ministerial
meeting in 1989. As a framework for economic cooperation involving 21 countries in the
Asia-Pacific region, APEC operates on the basis of non-binding commitments, and its activities are
characterized by "cooperative and voluntary actions" and "open regionalism." The Regional
Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP),
which was proposed by Japan in 2001 (Prime Minister Junichiro Koizumi) and was enacted in 2006,
is an international treaty focusing on measures against piracy. The Forum for Nuclear Cooperation
in Asia (FNCA) is a Japan-led framework for international cooperation in connection with the
peaceful use of nuclear power formed with the aim of promoting effective and efficient cooperation
with neighboring Asian countries in the field of nuclear power. FNCA's activities include
ministerial meetings, coordinator meetings, panel activities and projects. Another existing
framework for safeguards is the Asian-Pacific Safeguards Network (APSN).110
Since, however, it is
an organization consisting of operators in different countries, it has not yet reached the level of
safeguards implementation, and Kazakhstan, which is one of the leading nuclear Vendor States in
Asia, is not a member.
Different frameworks have different characteristics, but it may be possible to discuss the
proposed approach by using FNCA or APSN because they are in the field of nuclear power. If legal
binding force is a requirement, the framework of ReCAAP would be informative. The frameworks
of ASEAN and APEC are not likely to be usable, whether as they are or by upgrading them, in view
of factors such as the member countries, the fields of cooperation and legal binding force, but they
may be usable as forums for discussion.
In any case, further discussion on forums for discussing framework creation is beyond the
scope of this study because it is a highly political subject. In reality, however, it is an important
issue to consider in order to discuss further details of MNA.
110 The current members are as follows: Australian Safeguards and Non-Proliferation Office, Canadian Nuclear Safety Commission,
China Department of Arms Control and Disarmament, Ministry of Foreign Affairs, IAEA, Japan Nuclear Material Control Center,
Korea Institute of Nuclear Nonproliferation and Control, New Zealand Ministry of Foreign Affairs and Trade, Disarmament and
Arms Control, Philippine Nuclear Research Institute, Singapore Center for Radiation Protection and Nuclear Science, National
Environmental Agency, Russia State Atomic Energy Commission, Thailand Office of Atomic Energy for Peace, Ministry of Science
and Technology, U.S. DOE National Nuclear Security Administration, Vietnam Ministry of Science and Technology
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Table 6.20 Comparison of existing frameworks in Asia
Abbreviation Name How it was formed Member states Characteristics Remarks
ASEAN Association of
Southeast Asian
Nations
Evolved from the
Association of Southeast
Asia (ASA; Thailand, the
Philippines and the
Federation of Malaya).
In August, 1967, ASEAN
was formed in Bangkok,
Thailand as the successor of
ASA.
Original members: Thailand,
Indonesia, Singapore, the
Philippines, Malaysia
In 1984, Brunei joined.
In the second half of the 1990s,
Vietnam, Myanmar, Laos and
Cambodia joined.
Observers: Papua New Guinea,
East Timor
Organization for regional cooperation
of 10 countries in economy, society,
politics, security and culture
Headquartered in Jakarta, Indonesia
APEC Asia-Pacific
Economic
Cooperation
In 1989, the first ministerial
meeting of APEC was held.
Australia, Brunei, Canada, Chile,
China, Hong Kong (China),
Indonesia, Japan, Korea,
Malaysia, Mexico, New
Zealand, Papua New Guinea,
Peru, the Philippines, Russia,
Singapore, Chinese Taipei,
Thailand, United States, Vietnam
Framework for economic cooperation
involving 21 countries and regions in
the Asia-Pacific region
"Cooperative and voluntary actions"
"Open regionalism"
Non-binding, loosely knit
intergovernmental framework for
cooperation
ReCAAP Regional
Cooperation
Agreement on
Combating Piracy
and Armed Robbery
against Ships in Asia
Proposed by Prime Minister
Koizumi in 2001.
Adopted in November, 2004.
Enacted in September, 2006.
Contracting parties: 18 countries
Japan, Singapore, Laos,
Thailand, the Philippines,
Myanmar, Korea, Cambodia,
Vietnam, India, Sri Lanka,
China, Brunei, Bangladesh,
Norway, the Netherlands,
Denmark, United Kingdom
Information sharing and cooperation
system using Information Sharing
Centre (ISC) as Piracy
countermeasures
Promotion of bilateral cooperation
between contractors not using ISC
159
FNCA Forum for Nuclear
Cooperation in Asian
Activities including
ministerial meetings,
coordinator meetings, panel
activities and projects
Japan, Australia, Bangladesh,
China, Indonesia, Kazakhstan,
Korea, Malaysia, Mongolia, the
Philippines, Thailand, Vietnam
Japan-led framework for cooperation
in the peaceful use of nuclear power
formed with the aim of effective and
efficient promotion of cooperation
with neighboring Asian countries in
the field of nuclear power
Projects: radiation breeding,
biofertilizer, electron accelerator
utilization, radiotherapy,
research reactor network,
neutron activation analysis,
nuclear safety management,
radiation safety and waste
management, human resource
development, nuclear security
and safeguards
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7. Summary
7.1 Background and purpose of study
The accident at Fukushima Daiichi Nuclear Power Station of Tokyo Electric Power
Company during the Great East Japan Earthquake was a serious event that affected the global
trend until that time of expanding peaceful uses of nuclear power. In Japan, it may influence the
continuance of peaceful use of nuclear power. On the other hand, it is undeniable that nuclear
power remains one of the most important methods to handle global growth of economies/energy
consumption and issues with greenhouse gases. Although slowing down in nuclear power growth
may be unavoidable for the moment, we predict with high probability that global need for nuclear
power should grow again in the long run to accommodate the increasing energy consumption due
to rapid economic growth, especially in areas such as Asia, unless a replacement of nuclear power
is found.
If the demand for nuclear power increases, the demand for not only the generation of power
but also for refining uranium, conversion, enrichment, re-conversion, and fuel manufacturing
should increase. In addition, concerns for the proliferation of “Sensitive Nuclear Technologies
(SNTs)” such as uranium enrichment technology (front-end) and spent fuel (SF) reprocessing
technology (back-end), and proliferation of fissile materials should also increase. An increase in
the amount of SF should mean that SF should be stored in many nations. In other words, from a
nuclear non-proliferation perspective there should be concerns that plutonium may proliferate
globally in the form of SF. There should also be more issues with regards to nuclear security
and SF safeguards (collectively referred to as 3S).
Previously, international society prevented nuclear proliferation with schematic measures
under the NPT and IAEA, as well as taking additional measures by setting conditions on supplier
countries for nuclear technologies, equipment and nuclear fuel (supply-side approach: export
control regulations, controls on technology transfers through bilateral agreements, etc.).
However, with nuclear technologies being exported, the supply of nuclear fuel and services
related to the nuclear cycle should in the future likely expand from the Western Bloc nations to
former Eastern Bloc nations, raising concerns that nuclear non-proliferation systems should
weaken. On the other hand, if nations with advanced nuclear power technologies were to
introduce stronger nuclear non-proliferation measures, they could interfere with the right to
peaceful use of nuclear energy guaranteed in Article IV of the NPT.
Under the circumstances, one influential idea that was examined is a demand-side
approach, where the nuclear fuel cycle would be implemented among multiple countries. With
this approach, nuclear fuel cycle services, in particular those using SNTs, are multilaterally
executed and controlled, thereby preventing unnecessary proliferation of SNTs, and enabling safe
and appropriate control of nuclear technologies and nuclear materials. This can effectively and
efficiently assure risk control and risk reduction with regard to 3S while also avoiding interfering
in emerging countries’ peaceful use of nuclear power, thanks to the sharing of the nuclear fuel
cycle.
Although many debates and studies have already looked at the multilateral management
concept, most of them focus on the front-end of the nuclear fuel cycle and assurance of the supply
161
of nuclear fuel (enriched uranium fuel) to nuclear power generating states. These approaches
may be effective for preventing proliferation of uranium enrichment technology, which addresses
one of the above concerns. However, they do not address issues such as proliferation of
plutonium due to the accumulation of “spent fuel” and handling of reprocessing technology for
the back-end. Since most of the approaches to assure the supply of nuclear fuel focus on dealing
with the termination of fuel supply during emergencies, the need has arisen to examine the
international framework for fuel supply and handling of SF in normal conditions.
In Japan, plutonium use should not be proceeding as planned for some time. When looking
at options for long-term storage of SF and storage of plutonium for effective use of resources (as
MOX), having these be carried out under multilateral control could help to gain acceptance in
international society while also solving the problems of an overburdened back-end and
contributing to the creation of a system that helps prevent nuclear proliferation. If Japanese
reprocessing stops due to the international concerns on plutonium accumulation, or causes
significant delay, needs on restitution of SF to individual reactor sites and SF’s long storage would
increase. Thereby, it appears that the needs of not only domestic but also international SF storage
become more significant.
This study investigated specific measures to achieve a sustainable multilateral international
nuclear fuel cycle including a stable supply system for enriched uranium, system for handling SF
(including reducing the environmental burden of waste), usage of plutonium, establishment of a
regional safeguards system for the international nuclear fuel cycle, requirements for organizations
that carry out the international nuclear fuel cycle, and the role of industry in the international
nuclear fuel cycle system. In addition to looking at these issues and solutions for them regarding
the systems of an international nuclear fuel cycle, the study looked at Asia as part of a feasible,
sustainable international nuclear fuel cycle that avoided nuclear proliferation. The purpose was
to make this proposal to international society and demonstrate how Asia could contribute to an
international nuclear non-proliferation system and stable energy supply. The reason Asia was
chosen as the focus of this study is due to the needs mentioned previously, in other words, 1) The
necessity of compensating for changes in nuclear non-proliferation regimes with the predicted
increase in nuclear energy in the Asian region (a weakening of nuclear non-proliferation due to
expansion of nuclear business in the former Eastern Bloc), 2) The necessity of stable front- and
back-end nuclear fuel cycle services for promotion of peaceful uses of nuclear energy in Asia, 3)
Of the 3S areas that require strengthening with nuclear expansion in Asia, Safety and Security in
particular are difficult to improve systematically (improvement can occur by agreement of those
nations participating as part of the system), but the 3S all require strengthening.
7.2 Final framework proposal
An overview of the final proposal is given below.
1) Targeting the near future and Asia (Central Asia including uranium producing countries,
Northeast Asia including countries with developed nuclear power, and Southeast Asia with
countries new to nuclear power). All elements of the nuclear fuel cycle, including uranium
refinement and SF reprocessing should be included. Supplementary Explanation 1, 12
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2) Define cooperation (activity) types for each element of the nuclear fuel cycle, including Type A
(cooperation for 3S only, services received), B (MNA without transfer of ownership), C (MNA
holding ownership rights). Countries involved in the 3 types of activity should be referred to as
partner states, host states, and site states respectively.
3) To represent the MNA framework, an MNA management organization (Asian Multilateral
nuclear fuel cycle MAnagement Organization - AMMAO) should be established with cooperation
from the IAEA. See Supplementary Explanation 2
4) Member states should sign, ratify and bring into effect a MNA framework treaty. Agreements
necessary for a smooth implementation of the treaty should be carried out between the AMMAO,
member states and the IAEA (and technology holders (states), if necessary). The AMMAO
should enter into facility management and operation agreements with host and site states. The
operation of facilities in host states or MNA facilities in site states should be carried out by an
international consortium. See Supplementary Explanation 2
5) Member states should be responsible for a commitment to nuclear non-proliferation.
However, pursuant to Article IV of the NPT they should also assure not interfering with peaceful
uses of nuclear energy. The AMMAO should also enter into export control agreements with
member states who should be obligated to fulfill the objective criteria listed in the 2011 NSG
Guidelines (INFCIRC 254 rev11, part 1, 6-7). See Supplementary Explanation 3, 4
6) A nuclear non-proliferation regime should be maintained within the framework; i) Regional
safeguards agreements should be entered into between the IAEA and member states to establish a
regional safeguards system (measurement/ control, safeguards) for the MNA, ii) Within the
framework, i.e. the AMMAO and member states, accords (agreements) should be made on
nuclear non-proliferation (for example, requests for non-proliferation as strong as those of
bilateral agreements with the USA), and the AMMAO should enter comprehensive nuclear energy
agreements with states outside of the framework (Type C). (This should lead to a loosening of
restrictions from bilateral agreements that had been made with countries outside of the framework
(due to being handled comprehensively), and should help services within the framework operate
more smoothly) see Supplementary Explanations 5, 6, 7, see explanations for Types A, B, C
below
7) The AMMAO and member states should enter agreements on nuclear safety and security.
These should include creating guidelines/standards and a peer review system (with different levels
of reviews; advisory reviews and peer reviews to make a more effective review inspection
system). (This should ensure an international level of safety and nuclear security for facilities
within the framework (both nuclear fuel cycle facilities and power plants)). See Supplementary
Explanations 8, 9, 10, 11; see explanations for Types A, B, C below
8) The AMMAO should enter agreements with technology holders (states) regarding control of
SNTs, to ensure strict control of SNTs. see Supplementary Explanation 3
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9) Regardless of type, the ownership of nuclear materials shall vest in the client state. In other
words, when requesting refining and reprocessing services, there would be no transfer of
ownership of the nuclear materials.
10) Both recycling (reprocessing) and direct disposal services should be handled jointly for SF.
International storage services for a set length of term (such as 100 years) should also be
implemented. Direct disposal and high level waste (HLW), byproducts of recycling, should be
disposed of in the country that produced them as a general rule. In order to make final disposal
of radioactive waste simpler for individual nations, the AMMAO should research technologies to
reduce the radioactive toxicity of HLW (making it medium level waste). See Supplementary
Explanation 12
11) The supply of nuclear fuel and handling of SF, including transportation, within the MNA
framework should be more or at least equally economical for member states than carrying out all
the processes as an individual state.
12) The transport of nuclear materials should be the responsibility of the state requesting services,
both on the outward and return journey. Member states should enter into a transportation
agreement with the AMMAO (simplifying export approval, mutual support for security in
national waters) and commit to cooperating in the transportation necessary to the nuclear fuel
cycle supply and services. See Supplementary Explanation 2
13) Liability for nuclear damages should be set for each type. As a rule, they should follow the
laws of the partner, host and site states, as well as any international treaties on liability for nuclear
damages they are a party to. For Types A and B, responsibility for liability lies with the states
concerned, while for Type C responsibility for liability should exist within the MNA framework if
necessary due to nuclear damage liability agreements between the AMMAO and member states.
See Supplementary Explanation 11 See explanations for Types B, C below
14) Legal regulations should as a rule assume international rules and bilateral agreements
(AMMAO - 3rd
state) take precedence over laws of the state, requiring member states (site states
in particular) to modify the laws of their state.
15) Selection of Type B host states and Type C site states should include consideration for
geopolitical issues. The selection of transportation routes should also consider geopolitical
issues. See Supplementary Explanation 13
16) By entering into agreements for assurance of additional supply with international
organizations, the AMMAO should be able to assure a supply of uranium fuel to member states.
See Supplementary Explanation 2
17) In order to maintain the balance of supply and demand for uranium fuel and its reasonable
cost in each state, the MNA should support to flexibly acquire the fuel from outside the
framework. In addition to the assurance of supply mentioned in 16) above, individual states
should be able to procure fuel. See Supplementary Explanation 7
164
18) When a member state violates the treaty/agreements or leaves the MNA framework, they
should be obligated to take penalties or meet conditions for withdrawal.
Differences in Proposed Types A, B and C
(1) Type A (3S Cooperation, Activities Not Including Providing Services)
・ No changes to facility ownership or control such as legal regulations
・ Safeguards: Regional Safeguards - Generally, measuring control should be carried out by the
state (commissioned company) and the NMA. Inspections by the NMA and IAEA should
be probated.
・ Nuclear Safety: National legal guidelines regarding safety should be used as a base, there
should be a peer review by the AMMAO on implementing international guidelines (to the
extent that it is possible under agreements), and the results of this review are not binding (a
recommendation)
・ Nuclear Security: National legal guidelines regarding nuclear security should be used as a
base, there should be an advisory review by the AMMAO on implementing international
guidelines (to the extent that it is possible under agreements), and the results of this review
are not binding (a recommendation)
(If not mentioned above, should remain unchanged)
・ Bilateral Agreements on Nuclear Cooperation and Import/Export Control: When there are
states carrying out Type B or Type C activities within the framework (MNA), respectively
( the comments included in (2) (3) below on bilateral agreements on nuclear cooperation and
import/export control also apply to countries carrying out only Type A activities)
・ Type A should generally be membership in the framework via power plants, in which case
receiving nuclear fuel cycle services (fuel supply, handling of SF) is included.
(2) Type B (MNA Without Transfer of Ownership)
・ Organization under the control of the state government established in the territory of the
state* (operation may be commissioned to a consortium, investors may include other states)
*An organization that the legal regulations of the state apply to
・ Safeguards: Regional Safeguards- Generally, measuring control should be carried out by the
host state (commissioned company) and the NMA. Inspections by the NMA and IAEA
should be probated.
・ Nuclear Safety: National legal guidelines regarding safety should be used as a base, there
should be a peer review by the AMMAO on implementing international guidelines (to the
extent that it is possible under agreements), and the results of this review are not binding (a
recommendation)
・ Nuclear Security: National legal guidelines regarding nuclear security should be used as a
base, there should be an advisory review by the AMMAO on implementing international
165
guidelines (to the extent that it is possible under agreements), and the results of this review
are not binding (a recommendation)
・ Nuclear Damage Liability: Most liability should be the obligation of the host state. There
should be some MNA supplementary liability measures (insurance) (additional liability
(insurance) proportionate to services received).
・ Bilateral Agreements on Nuclear Cooperation: Bilateral agreements by individual states
should remain as is, however by agreeing to significant nuclear non-proliferation conditions
(on the level required for bilateral agreements with the USA) between MNA member states
(with the AMMAO), attempts should be made to relax the bilateral agreements mentioned
above (allowing exceptions for transport of nuclear materials and other transport in the MNA
framework).
・ Import/Export Control: Decisions for international control of exports (by the NSG, etc.)
should be used as a base. Import/export controls among member states should be
consolidated as much as possible. For international storage of SF, there should be an accord
not to treat it as waste within the MNA. When reprocessing, final waste should be returned
to the originating state as a rule.
(3) Type C (Ownership with MNA)
・ A facility owned by the MNA established in the territory of the state (operations
commissioned to consortium, investment from multiple states)
・ Safeguards: Regional Safeguards - Generally, measuring control should be carried out by the
NMA (commissioned company). Inspections by the NMA (AMMAO) and IAEA should be
probated.
・ Nuclear Safety: International safety standards should be implemented, with AMMAO peer
reviews examining implementations of these standards with more effective peer reviews
・ Nuclear Security: International nuclear security guidelines should be implemented, with
AMMAO peer reviews examining implementations of these guidelines with more effective
peer reviews (to a degree at least equal to MNA peer reviews of nuclear material protection at
nuclear facilities based on bilateral nuclear cooperation agreements with the NMA)
・ Nuclear Damage Liability: MNA member states should join an international treaty (such as
CSC) on nuclear liability. By the AMMAO entering into nuclear liability agreements with
member states when necessary, it should establish indemnity liability for damages within the
MNA framework. For example, pooling funds from member states and their businesses
(pooling payments from electric companies). These funds should be determined based on
MNA facility services.
・ Bilateral Agreements on Nuclear Cooperation: The MNA should be treated as a state, with
bilateral agreements made between non-MNA states (such as the USA) and the MNA
(AMMAO) for comprehensive agreement on items in the bilateral nuclear cooperation
agreement. By agreeing to significant nuclear non-proliferation conditions (on the level
required for bilateral agreements with the USA) between MNA member states (with the
AMMAO), attempts should be made to relax the bilateral agreements mentioned above
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(allowing exceptions for transport of nuclear materials and other transport in the MNA
framework)
・ Import/Export Control: International export controls such as the NSG should be handled by
treating the MNA as a single state. By agreeing to strict import/export controls between
member states, the transport of nuclear materials should not be treated as international
transfer.
When Multiple Types Coexist
As indicated in Supplementary Documentation 12: Fuel, multilateral control of services for the
nuclear fuel cycle can be realistically expected to include different types coexisting within the
framework. Below are guidelines for the coexistence of Types A/B or Types A/C.
Types A/B
When a Type B state with nuclear fuel cycle service facilities (enrichment, reprocessing)
provides services to a state with only Type A facilities (such as a light water reactor), i) the Type A
state can receive nuclear fuel cycle services due to membership in the framework, ii) a Type A
state should cover the framework treaty and related agreements. The Type B state should, iii)
carry out nuclear fuel service business within the MNA framework, including smooth
transportation of nuclear materials, iv) enter framework treaty and related agreements to cover the
contents indicated in (2) above. When handling Type A and B within a single state, it should be
treated as Type B as indicated in (2).
Types A/C
In Type C state (as site state), MNA having nuclear fuel cycle service facilities (enrichment,
reprocessing) provides services to a state with only Type A facilities (such as a light water reactor),
i) the Type A state can receive nuclear fuel cycle services due to membership in the framework, ii)
a Type A state should cover the framework treaty and related agreements. MNA in the Type C
state, should, iii) carries out nuclear fuel service business within the MNA framework, including
smooth transportation of nuclear materials, iv) enter framework treaty and related agreements to
cover the contents indicated above. When handling Type A and C within a single state, it should
be treated as Type C as indicated in (3).
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Potential Member States for Multilateral Control in Asia:Japan, South Korea, China (and Taiwan), Russia, Kazakhstan, Mongolia, and new
nuclear ASEAN states (Vietnam, Thailand, Malaysia, Indonesia, etc.)
Reasons• Expanded use of nuclear energy is expected in Asia• There is a significant need to deal with issues of supplying enriched uranium and handling
SF in Asia• With changes to fuel supply and demand in Asia (greater supply from the former Eastern
Bloc), there is a need for stronger non-proliferation measures• Northeast Asian and Central Asian states with advanced nuclear energy and resources,
and Southeast Asian new nuclear states will be the main targets• North Korea is currently excluded: For political reasons, India and Pakistan are not
options: As they are not signatories to the NPT, they do not meet the requirements for the framework(NPT nuclear non-proliferation obligation) (with IAEA safeguards being the base)
• The Arab states of Western Asia are, like North Korea, excluded from consideration due to issues of political stability
• The USA, Canada and Australia will be treated as companies participating from outside the Asia framework, as nuclear supplier states
and leaders in nuclear non-proliferation
(Supplementary Explanation 1) Potential Member States for Multilateral Control
Support for establishment
ContractContract
A-11 Comprehensive Nuclear Co-op Agreement
• A-2 Export Control Agreement *1, *2, *3
• A-3 Safety/ Security/ Agreement on Liability *1, *2 , *3
• A-4 Transport Agreement *1, *2 , *3
• A-5 Agreement on Transferring Facility Ownership to MNA*2
• A-6 MNA Facility Control/Operation Agreement *2
• A-7 Nuclear Fuel Supply Agreement*1,*2,*3
• A-8 Nuclear Fuel Cycle Service Agreement*1,*2 ,*3
Contract
Contract
(Supplementary Explanation 2)Structure of Multilateral Asian Framework (Treaties and Necessary Agreements)
Type A Type CType B
A-5, A-6Agreement
Partner State*3Host State*1
Consortium
Member State
Site State*2
A-10 供給保証及び追加的保証S
Assurance
A-1 Regional SafeguardsA
greement*1, *2 , *3
A-9 Agreement on Control of SNTs
Inspections/ Peer Reviews
Regional Safeguards, Nuclear Security, Safety
International Organization IAEA SNT Holder (State)
IAEA
Multilateral Treaty on Nuclear Fuel Cycle
Supply/ Services in Asia (MNA Framework
Treaty)
Agreement on Additional
MNA
3rd State
International Consortium
Asian Multilateral Framework Management Organization (AMMAO)
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(Supplementary Explanation 3) Respecting Right to Peaceful Use of Nuclear
Energy for MNA Member States
• Issue:
✓How to ensure both nuclear non-proliferation and the right to peaceful use of nuclear energy for MNA member states
• Possible Solutions:
✓Base: Respect the right to peaceful use of nuclear energy for MNA member states as stated in NPT Article IV
At the same time, ensure non-proliferation similar to national facilities at MNA facilities
✓Nuclear Non-proliferation Conditions for Joining MNA
- Requiring member states to enter and follow international treaties and agreements on nuclear non-proliferation and nuclear security
- Respect guidelines for export controls of nuclear materials and technology, nuclear non-proliferation and nuclear security
✓ Improve nuclear non-proliferation in MNA member states, with regional safeguards and standardization of measurement controls, etc.
(Supplementary Explanation 4)MNA Entry Requirements: Export Regulations (NSG Guidelines)(INFCIRC/254/Rev.11/Part 1)
The objective requirements below for transport of enriched/reprocessed items (Paragraph 6(a)) will be basic requirements for MNA entry.
• Signatory to NPT, compliance with all NPT obligations
• Having no major infractions on safeguards agreements in IAEA reports, and no requests for additional measures to respect safeguard obligations or build trust in peacefully using nuclear energy due to IAEA Board of Governors decisions, and not having the IAEA Secretariat report an inability to implement safeguards agreements
• Respect NSG Guidelines, and report to the United Nations Security Council that export controls are being implemented as required by UNSC Resolution 1540.
• Have agreements between governments with supplier states including assurances on non-explosive uses, safeguards in perpetuity and retransfer.
• Based on international guidelines, have a mutual accord with supplier countries on a commitment to physical protection of nuclear materials.
• Have a commitment to IAEA safety standards, and have international treaties regarding nuclear safety in effect
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Export Control Agreement
Existing Bilateral Nuclear Co-op
Agreement
Regional Safeguards Agreement
IAEA
(Supplementary Explanation 5) Handling Bilateral Nuclear Energy Agreements (Type B+A)
Nuclear Supplier States
Outside of Framework
USA, Canada, Australia, etc.
Member State
AMMAO
MNABy entering into MNA framework treaties and related agreements between the AMMAO and member states that have nuclear non-proliferation standards on the same level as most bilateral agreements, the bilateral agreements that each state had been party to could slowly be relaxed (as exceptions).
⇒ Enable smooth fuel cycle services and movement of nuclear materials within the framework
MNA Framework
Treaty
Comprehensive Nuclear Co-op.
Agreement (including 3S guarantees)
Existing Bilateral Nuclear Energy
Agreement
Regional Safeguards Agreement
(Supplementary Explanation 6) Handling Bilateral Nuclear Energy Agreements (Type C+A)
Nuclear Supplier States
Outside of Framework
USA, Canada, Australia, etc.
Member State
AMMAO
MNA
MNA Framework
Treaty
A comprehensive nuclear energy agreement will be entered into by the AMMAO and nuclear supplier states. By entering into MNA framework treaties and related agreements between the AMMAO and member states that have nuclear non-proliferation standards on the same level as most bilateral agreements, the bilateral agreements that each state had been party to could slowly be replaced.
⇒ Smooth services and movement of nuclear materials within the framework
Export Control Agreement
IAEA
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Supply Enriched UraniumReprocessing
Partner States (Type A)
Power Plants
States Outside of MNA Framework
Enrichment, Reprocessing
Supply Enriched UraniumSF - Services
Host States (Type B)
Enrichment, Reprocessing, SF Storage, etc.
Site States (Type C)
Enrichment, Reprocessing, SF Storage, etc.
Type B/AType C/ANon-FW to Type BNon-FW to Type C
MNA Internal AgreementsMNA Type A+B:Non-proliferation: strict requirements for non-proliferation between MNA member states (and AMMAO)Import/Export Control: International guidelines on export (NSG, etc.) used as base. Standardization of import/export control standards between member states
MNA:Type A+B Cooperation:Bilateral nuclear co-op agreements between outside state and individual state in MNA: activities regarding movement of nuclear materials and export controls within MNA will be changed to comprehensive accord (relaxed)
MNA: Type A+C Cooperation:Bilateral nuclear co-op agreements between outside state and AMMAO: transport of nuclear materials and export controls in MNA will enter agreement for comprehensive accord (relaxed)
MNA Internal AgreementsMNA Type A+C:Non-proliferation: strict requirements for non-proliferation between MNA member states (and AMMAO)Import/Export Control: International guidelines on export within MNA (NSG, etc.) used as base (standardization), MNA transport of nuclear materials not considered international
:
AMMAO
(Supplementary Explanation 7) Types of Cooperative Activities in MNA Framework
MNA
Measurement control/report by state/ commissioned company
Report
SG Information Sharing/ Segregation of Duties
SG Inspection
Safety Peer Review
Nuclear Security Advisory Review
Export Control Observation (based on NSG Guidelines)
(Supplementary Explanation 8) Type A Involvement by AMMAO and IAEA (Inspections, Peer Reviews, etc.)
Member StatePower Plant
IAEA
Uranium Supplier State
AMMAO
SF Service Supplier State
SG Inspection
Uranium SF Services
Regional SG Agreement
Export Control Agreement
Safety/ Nuclear Security/ Agreement on Liability
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Regional SG Agreement
Export Control Agreement
Safety/ Nuclear Security/ Agreement on Liability
Report
SG Inspection
Monitoring Safeguards (Measurement Reports Checks)Safety Peer Review
Nuclear Security Advisory Review
Export Control Observation (based on NSG Guidelines)
Partner StatePower Plant
IAEA
Host State 1
AMMAO
Host State 2
Measurement control/report by state/ commissioned company
SG Inspection
SG Information Sharing/ Segregation of Duties
Uranium SF Services
(Supplementary Explanation 9) Type B Involvement by AMMAO and IAEA (Inspections, Peer Reviews, etc.)
SG Information Sharing/ Segregation of Duties
SG Inspection
More effective safety peer reviews based on international standards
More effective nuclear security peer reviews based on international guidelines
Export Control Observation (treating the MNA as 1 state)
(Supplementary Explanation 10)Type C Involvement by AMMAO and IAEA (Inspections, Peer Reviews, etc.)
Partner StatePower Plant
IAEA
Site State 1
AMMAO
Site State 2
SG Inspection
Uranium SF Services
Report
Measurement control by NMA (AMMAO)
Regional SG Agreement
Export Control Agreement
Safety/ Nuclear Security/ Agreement on Liability
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(Supplementary Explanation 11)Mutual Aid System for Type C MNA Facilities
Injured Party, Injured Business
Payment Claim
Mutual Aid System
MNA Nuclear
Damages Liability
Organization (Control
Pooled Funds)
Issuing Funds
Contributions MNA Member
State MNA Member
State MNA Member
State MNA Member State Company
MNA Local
Corporation
(Supplementary Explanation 12) Example Model for Future Multilateral Control in Asia
U Enrichment
Nuclear Power Plant (LWR)
MOX Fuel Production
Disposal: High-level waste (including approaches to reduce radioactive toxicity) and SF
Natural U
Reconversion/ U Fuel Production
Reprocessing (Advanced)
U Refinement/Conversion
Fast Reactor -Type (B) CMOX – LWR -Type A(B)
MOX Storage
International Storage of SF
Asian state with plentiful uranium resources
SF generated
state
Other LEU Suppliers (Outside Asia)
E.g. U originator state, enriched U supplier state
Type (B) C
Type B(C)
Type (B)C
SF-Case:Type (A) B
Type (B) C
Type (B) C
Type (A) B Type (A) B
Type A
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Cargo Transfer Point
Uranium mine, conversion, SF storage, disposal, etc.
Eurasian Land Bridge (Auxiliary Route)
Russia/Kazakhstan Customs Union
Russia/Mongolia Resource Exports Promotion Policy
Region of Territorial Dispute
Choke point
Fuel processing, SF storage, etc.
Fuel processing, reprocessing, SF storage, etc.
Fuel processing, enrichment, reprocessing, etc.
Land RouteSea RouteNuclear FacilityLikely Areas for
Maritime Security
NMA Member States and Likely Fuel Transport Routes
Siberian Land Bridge (Primary Route)
Conversion, enrichment, reprocessing, SF storage, etc.
Uranium mine, SF storage, disposal, etc.
Core Area for International Fuel Cycle
(Supplementary Explanation 13)
1
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7.3 Overview of nuclear fuel cycle framework treaties and agreements
Legal regulations from international treaties and agreements, bilateral agreements, and
nuclear weapon free zone treaties can cause problems and issues with the 3Ss (nuclear
non-proliferation, nuclear security, safety) when creating a framework, nuclear fuel cycle services,
selecting host and site states, transporting and liability. In order to resolve these issues, it is
important to consider what corporate status the AMMAO should have as the operating organization
for the MNA and how to handle bilateral nuclear cooperation agreements.
(Corporate Status)
Based on the concept that this framework should be an international organization on the level
of the IAEA, the ideal corporate status for the AMMAO is, 1) Corporate status recognized by
international law, allowing the AMMAO to enter into treaties and agreements with states and
international organizations, 2) Corporate status within the territory of member states, allowing the
AMMAEO to enter contracts in member states, possess movable and immovable assets, jurisdiction,
and apply for permits. Therefore, the framework treaty should include separate provisions for
corporate status and include the items listed above.
The framework treaty includes a preamble, the main body (Articles 1 to 26), ending and
attached documents (I to V) (see Appended Document 1.). An overview is given below.
Treaty Name: Treaty on Multilateral Cooperation Framework for the Provision of Nuclear
Fuel Cycle Supply and Services in Asian Region (Abbreviated: Asian Multilateral
Cooperation Framework Treaty, MNA Framework Treaty)
Preamble: Background, Purpose, Cooperation, Member State Prerequisites, Definitions,
Rights and Responsibilities of Member States
Body, Article 1: Contents of Cooperation, Scope of Activities
Article 2: Commitment to Non-proliferation
Article 3: Corporate Status/ Legal Regulations
Article 4: Safeguards
Article 5: Nuclear Security
Article 6: Import/ Export Controls
Article 7: Safety
Article 8: Assurance of Nuclear Fuel Cycle Services
Article 9: Access to SNTs, Security of SNTs and Information
Article 10: Selection of Host States and Site States
Article 11: Degree of Involvement with MNA
Article 12: Liability
Article 13: Bilateral Nuclear Cooperation Agreements
Article 14: Transport
Article 15: Organization and Duties
Article 16: Prohibited Cooperation Items
Article 17: Patents/ Industrial Ownership
Article 18: Resolution of Disputes
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Article 19: Signatory to Cooperation with Other States, Organizations
Article 20: Applicable Scope of Treaty
Article 21: Ratification and Consignment of Treaty
Article 22: Amendments to Treaty
Article 23: Withdrawal
Article 24: Invalidation of Membership
Article 25: Termination of Treaty
Article 26: Necessary Measures, etc.
Ending: Signatories to treaty, languages used, date of signatures
Attached Document I: Related Agreements
Attached Document II: Organization and Duties of MNA Observation Center
Attached Document III: Security Procedures and Confidentiality Classification
Attached Document IV: Liability for Damages
Attached Document V: Patents and Industrial Properties Ownership
The Comprehensive Nuclear Agreement (Attached Document I, A-11) is a bilateral
agreement between the AMMAO and 3rd
party states outside of the MNA framework, primarily
dealing with Type C facilities and cooperative activities. Resolutions between the AMMAO and
MNA member states related to this agreement are included in the export control agreement. An
overview of the preamble, main body and attached documents is given below.
Name: Model Comprehensive Nuclear Cooperation Agreement for Asian Multilateral
Framework
Preamble: Background, Purpose, Signatories (3rd
Party States, AMMAO)
Article 1: Definitions
Article 2: Cooperation Methods
Article 3: Limits on Storage
Article 4: Transportation of Resources
Article 5: Changes to Form Due to Reprocessing, Irradiation, Etc.
Article 6: Enrichment
Article 7: Physical Protection Measures
Article 8: Peaceful Uses
Article 9: Measures Preventing Use in Explosive Nuclear Devices
Article 10: Rights in Other Countries
Article 11: Prior Consent
Article 12: End of Agreement and Necessary Measures and Reparations
Article 13: Effective Length of Agreement
Article 14: Resolution of Disputes
Article 15: Handling Attached Documents
Article 16: Coming into Effect, Validity, Termination, Amendments
Attached Documents:
Overviews of other agreements (name, signatories, and principal contents) are given in the
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table below.
Export Control Agreement (A-2): Include, comply with and consent in advance to
international rules regarding export control, NSG Guidelines (2012 edition), and non-proliferation
requirements equal to those in the US Atomic Energy Act in MNA (for Types A and B, it would
include nuclear non-proliferation requirements* such as the US Atomic Act Section 123 regarding
bilateral nuclear cooperation agreements. For Type C, with the AMMAO (treating member
states as 1 state) entering into comprehensive nuclear cooperation agreements with 3rd
party states
the transport of nuclear materials within the framework would not be viewed as international
transport)
Safety/ Nuclear Security/ Liability Agreement (A-3): Safety, Nuclear Security: follow
international standards/guidelines, create and follow common standards, inspect compliance,
carry out peer reviews, Liability: Based on the laws of member states as well as international
treaties on liability that members are signatory to, create a nuclear liability system within the
MNA (liability insurance, pooled funds) (Safety and Nuclear Security: separate for Types A and
B and for Type C, Liability: separate for each Type)
Transport Agreement (A-4): Comply with international standards/guidelines on
transportation, cooperate with transportation (simplify transportation approval, mutual support for
transport security in national waters), responsibility for transport (the one requesting
transportation is responsible)
Agreement on Transferring Facility Ownership to MNA (A-5): Conditions on contributing
to companies controlling and operating facilities, decisions on taxation laws, conditions for
approval of transfer of ownership/construction of facilities, safety/nuclear security conditions
(including building new facilities in Type C site states)
MNA Facility Control/ Operation Agreement (A-6): Role of consortium and promotion of
establishment/operation, conditions for approval, conditions for safeguards, safety/nuclear
security conditions (for Type C)
Nuclear Fuel Supply Agreement (A-7): Assurance of supply of enriched uranium according
to contracts (Type B, C)
Nuclear Fuel Cycle Services Supply Agreement (A-8): Assurance of services handling SF
(storing SF/ direct disposal of SF) according to contracts (Type B, C)
Agreement on Control of Sensitive Nuclear Technologies (A-9): Technology holders
(states) and the AMMAO should protect relevant materials, facilities, SNTs and information (only
the technology holder (state) is allowed access to prevent proliferation of SNTs)
177
Agreement on Additional Assurances (A-10): Details of cooperation between international
organizations such as the IAEA and the AMMAO on uranium fuel supply assurances
The ‘non-proliferation requirements*’ in the Export Control Agreement (A-2) are:
complying with Paragraph 6a of the NSG Guidelines (INFCIRC/254/Rev.11/Part 1); making strict
internal MNA rules on export control. Examples of export control rules for this are given in the
following list (equivalent to overall requirements of the US Atomic Energy Act Section 123)
1. Application of perpetual safeguards to all nuclear materials and facilities covered by the
agreement
2. Items required in the NSG Guidelines
3. Assurances that all nuclear materials, facilities and SNTs covered by the agreement should
not be used in explosive nuclear devices, their research or other military applications
4. When cooperating with non-nuclear weapon states, should that state carry out nuclear
testing or terminate IAEA safeguards agreements, there exists a right to claim the nuclear
materials and facilities covered under the agreement
5. Assurance that the nuclear materials and confidential documents covered by the agreement
should not be transferred to a 3rd
party individual or state without consent by the USA
6. Application of proper physical protection measures for the nuclear materials covered by
the agreement
7. Prior consent from the USA to changes to reprocessing, enrichment, state and contents of
the nuclear materials covered by the agreement
8. Prior consent from the USA for storage of plutonium, uranium-233 and highly enriched
uranium covered by the agreement
9. Apply conditions equivalent to those given above for nuclear materials or facilities
produced or built using the SNTs covered by the agreement
178
7.4 Evaluation of feasibility of nuclear fuel cycle framework
The proposed entity model framework was evaluated under the following labels.
Label A Nuclear Non-proliferation (Safeguards, Nuclear Security, etc.)
Label B Nuclear Fuel Cycle Services (Uranium Fuel Supply, SF Storage, SF Disposal
(Reprocessing), MOX Storage)
Label C Selection of Host States (Site States)
Label D Access to Technologies
Label E Degree of Involvement with Multilateral Control
Label F Economic Efficiency
Label G Transport
Label H Safety
Label I Liability
Label J Political Acceptance, Public Acceptance
Label K Geopolitics
Label L Legal Aspects (Legal aspects were evaluated separately for A-E, G-I)
(1) Label A: Nuclear non-proliferation (safeguards, export controls, nuclear security)
Safeguards
Creating a regional measurement control (safeguard) system (RSAC) increases transparency
and credibility (first merit). Generally, safeguards, specifically measurements of nuclear
materials, are carried out by the state. In order to meet safeguard agreement conditions,
measurement of nuclear materials includes nuclear material measurement controls carried out by
the facility (operator) and state coupled with the IAEA independently validating the accuracy of
the reports made to them. This study proposed the following RSAC for Types A and B (see left
table below).
・Nuclear material measurement controls carried out by the facility, measurement control data
reported to state
・Data checks of measurement control by state and MNA, reported to IAEA
・CSA inspections and AP activities carried out by IAEA and MNA
RSAC proposal for Type C is shown in the right table below.
・Nuclear material measurement controls carried out by the MNA facility
・Data checks of measurement control by MNA, reported to IAEA
・CSA inspections and AP activities carried out by IAEA and MNA
This way, by having the MNA involved in checking facility measurement control data or
implementing facility measurement control itself, the amount of information on nuclear materials
increases significantly while also increasing transparency for nuclear materials in the facility.
Complementary access based on the Additional Protocol (AP) should, based on information
provided by multiple states, increase the information in the region and thus transparency and
credibility, as compared to state-level safeguards.
The second merit is that by segregating duties for inspection activities by the IAEA and
regional safeguards, human resources can be divided more effectively. Equipment can be shared
179
for joint development and other uses, decreasing cost.
Export Controls
Since the MNA facilities for Types A-C are under the jurisdiction of each partner/host/site
state, as a rule they should follow the export controls of those states. As an item in common for
MNA facilities for Types A-C, partner/host/site states that have Type A-C MNA facilities should
comply with NSG Guidelines for export of nuclear resources (excluding subjective criteria for
nuclear supplier states). MNA member states should comply with the Joint Convention on the
Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, comply
with nuclear weapon free zone treaties, understand that as a rule responsibility for disposal of
radioactive waste lies with the state that made it, and not transfer (export) radioactive waste to other
states. Keeping all of that in mind, MNA member states should attempt to standardize export
control systems. Doing so should enable smoother transport of nuclear materials within the NMA.
In addition to the items listed above, partner/host states meeting requirements for Type C
MNA facilities should, along with site states that have Type C MNA facilities, treat them as being 1
state, and not consider the transfer of nuclear materials between member states as international
transfer.
MNA Applicable Laws
(In Principle) Other Requirements
Type
A
Laws of Partner
State
Comply with NSG Guidelines (exceeding subjective
criteria for supplier states (NSG Guidelines Part 1
Paragraph 6(b) latter half)
Understand that as a rule responsibility for disposal of
radioactive waste lies with the state that made it.
Handling of SF and radioactive waste is to comply with the
Convention on the Safety or Radioactive Waste
Management and nuclear weapon free zone treaties
Standardization of export control systems for nuclear
Type
B Laws of Host State
図 地域保障措置システム(タイプA, B)
報告
CSA査察活動,AP活動
事業者による計量管理データ報告
国際原子力機関(IAEA)
国、MNA計量管理データチェック
MNA
原子力施設
Report
IAEA
図 地域保障措置システム(タイプC)
報告
CSA査察活動、AP活動
MNAによる計量管理データ報告
国際原子力機関(IAEA)
原子力施設
MNA計量管理データチェック
MNA
Figure Regional Safeguards System (Types A, B)
(Types A, B)
Figure Regional Safeguards System (Type C)
Report
CSA Inspection AP
Activities
Measurement Control Data Reported by Operator
Measurement Control Data Reported by MNA
State, MNA
Measurement Controls Data Check
MNA
Measurement Controls Data Check
IAEA
Nuclear Facility
Nuclear Facility
Report
CSA Inspection AP
Activities
IAEA
MNA
Measurement Controls Data Check
Report
Nuclear Facility
Measurement Control Data Reported by Operator
180
resources in member states
*However, partner/host states that fulfill the requirements for
site states should treat them all as 1 state, and not consider
the transfer of nuclear materials between member states as
international transfer
Type
C Laws of Site State
Same as above
*In addition to site states that have Type C facilities,
partner/host states that fulfill the requirements for site
states should treat them all as 1 state, and not consider the
transfer of nuclear materials between member states as
international transfer
Nuclear Non-proliferation Assessment with INPRO Method
For assessment of overall nuclear non-proliferation for the multilateral nuclear fuel cycle,
the INPRO (International Project on Innovative Nuclear Reactors and Fuel Cycles) nuclear
proliferation resistance methodology was used for quantitative and qualitative assessments. The
INPRO method has 5 User Requirements (UR1 to UR5) based on a set of Basic Principles. The
results of assessments of each User Requirement are given below.
UR1: For commitment of the state, MNA member states must be signatories to the NPT,
safeguard agreements, regional nuclear weapons free zone treaties, and export controls, thus
fulfilling this User Requirement.
UR2: The attractiveness of nuclear materials and technology cannot be decreased,
regardless of the existence of the MNA.
UR3: For difficulty and detectability of diversion, regional safeguards should, as proposed
earlier, involve the MNA checking measurement controls by the state (operator), as well as
the state/IAEA carrying out safeguards for highly transparent safeguards. Compared to
other methods, this should enable effective and efficient safeguards (external measures) and
thus fulfill UR3.
UR4: For multiple barriers, under the AMMAO multiple barrier measures should be carried
out including IAEA safeguards, regional safeguards and applying NSG requirements for
membership.
UR5: Optimization should be carried out with effective external measures by the IAEA,
AMMAO, and states involved.
As mentioned earlier, by considering the inclusion of export controls and nuclear
non-proliferation requirements equivalent to those in bilateral agreements within the MNA
framework, overall assessment indicates that nuclear non-proliferation should be improved under
the AMMAO. Based on the discussion above, a qualitative display of the effects of nuclear
non-proliferation based on the existence of the MNA and by type is given in the figure below.
181
Nuclear Security
Partner/host states with Type A or Type B MNA facilities should incorporate international
recommendations for nuclear security (such as IAEA nuclear security recommendations) into
domestic law and allow (voluntary) advisory reviews by the MNA Nuclear Security Section.
Site states with Type C MNA facilities should allow effective peer reviews (inspections).
Assuming the creation of an MNA framework in the Asian region, the benefit of MNA reviews
are that with Asia having both advanced nuclear states and states with newly introduced nuclear
power plants, within the MNA framework the former can use their experience and knowledge to
benefit the latter, improving physical protection of nuclear materials and nuclear security. Of
course, unlike nuclear safety it is not possible to provide information and knowledge on physical
protection of nuclear materials and nuclear security to all states, but with reviews by the MNA, it
should enable effective use of the regional safeguards framework mentioned above. This
method is an option only due to the existence of both advanced and emerging nuclear states in
Asia, and should also help build trust between these states.
However, implementation of nuclear security measures is up to each state even more so than
nuclear safety and carrying out advisory and peer reviews should require high levels of trust
between MNA member states and the MNA Nuclear Security Section.
Degree of Nuclear Non-proliferation in Multilateral Model (Approximation)
Low Prevention of Possession of SNTs High
High
Degree of
Nuclear Non-
proliferation
Low
MNA(Type A)
All States
MNA(Type C)
All States
(Non-MNA)
MNA(Type A)
Many States
MNA(Type A)
Few States
MNA(Type C)
Many States
MNA(Type C)
Few States
MNA(Type B)
All States
MNA(Type B)
Many States
MNA(Type B)
Few States
Limited Number of Facilities
Possessing SNTS
SNTs Possessed by Each State
182
Applicable
Laws (In
Principle)
Signatory to
/Ratifying/Complying
with International
Treaties (4)
Using International Nuclear Security
Recommendations and Confirming
Status of Implementation
Pro
posa
l
MN
A
Type
A
Partner State
Laws
Signatory to
CPPNM and
International
Convention for
the Suppression
of Acts of Nuclear
Terrorism
Ratified amended
CPPNM
Executed UNSCR
1540 responsibilities
Volu
nta
ry
Adoption of international
nuclear security
recommendations (such as
IAEA recommendations)
Allowing advisory reviews by
MNA Nuclear Security Section
Type
B
Host State
Laws Same as above
Type
C
Site State
Laws Same as above
Adoption of international
nuclear security
recommendations (such as
IAEA recommendations)
Allowing peer reviews by MNA
Nuclear Security Section
(including inspections of
maintenance for CPPNM
physical protection standards)
(Nuclear Security for Transportation)
With expanded cooperation based on the existing Regional Cooperation Agreement on
Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) in order to secure
routes for ships transporting nuclear fuel in the MNA framework, the coast guards of MNA
member states may also carry out joint security operations for ships carrying nuclear fuel to
ensure nuclear security. Additionally, ship information for ships transporting nuclear fuel for
member states of the international nuclear fuel cycle model may use a ship reporting system
such as JASREP to share information with related states, providing direct and indirect
protection to ships transporting nuclear fuel and securing routes within the region. These
methods for ensuring secure transport of nuclear fuel are already being carried out, led by Japan,
and therefore it is possible all that is necessary is an expansion of existing activities and
cooperative networks.
These joint activities to ensure maritime security through cooperation of multiple states may
also act as a method to build trust between MNA member states and contribute to deterring the
activities of pirates and guerrillas.
183
(2) Labels B, C, E Fuel cycle services (Supply of uranium fuel, SF storage, SF processing,
MOX storage), Selection of host states (site states), Incentives for NMA membership, degree
of involvement with multilateral control
Targets for Nuclear Fuel Cycle Services
This study, when considering an MNA framework in the Middle and Eastern Asia region
based on Supplementary Documentation 1 the target for nuclear fuel cycle services were the nuclear
fuel cycle elements (operations) indicated in Supplementary Documentation 12, and the states given
below are potential candidates for these services. For nuclear fuel cycle services, this study
estimates that the supply and demand balance of the nuclear fuel cycle front-end in the Asian region
is enough to meet the needs of the MNA region. For the back-end, since there is no urgency in
reprocessing all SF in the near future this study does not discuss its supply and demand balance.
Potential Host States/ Site States and Estimated Incentives
In addition to technological capabilities and industrial capacity, one requirement for MNA
facility site (host) states is political stability. How nuclear security should be ensured is also
important. With these points also in mind, the following host states/site states were considered.
(2) Front-end Member State Candidates
① Uranium Mining, Refining: Kazakhstan, Russia, China (states with future
potential: Mongolia)
② Conversion: Russia, China
③ Uranium Enrichment: Russia (Kazakhstan*), Japan, China (
*facilities in Russia)
④ Reconversion, Fuel Manufacturing: Kazakhstan, Russia, Japan, South Korea,
China
(3) Back-end Member State Candidates
① SF Storage: Russia, Kazakhstan
② SF Reprocessing: Russia, Japan, China (states with future potential: South Korea,
Kazakhstan)
③ MOX Storage: Russia, Japan, China (states with future potential: South Korea,
Kazakhstan)
④ SF Disposal: Member States
(Power Plant Member State Candidates: Advanced Nuclear States, Vietnam, Malaysia, Thailand,
Indonesia)
The fact that Kazakhstan, a nuclear weapon free state, is engaging in business with an
enrichment facility outside of its own territory (in Russia) deserves attention. This is due to two
reasons: the political concern that engaging in uranium enrichment may be criticized by
international society, and the fact that a uranium enrichment market already exists, making starting
new uranium enrichment economically infeasible (December 2012 MNA Workshop (University of
Tokyo)). In this model, the same could be said regarding SF reprocessing and MOX storage
(South Korea, Kazakhstan, etc.). However, the political concern of criticism from international
society is likely not present for the MNA (including enrichment), with the possibility that if
economically feasible members should join.
184
When beginning/continuing peaceful uses of nuclear energy as an individual state, entry
into the international systems is also unavoidable and involves stricter restrictions on nuclear
non-proliferation with the NSG and bilateral agreements, so joining the MNA framework and
having increased nuclear non-proliferation commitments within the framework should likely still
hold more merits overall if the nuclear fuel cycle operates smoothly with states in the framework
possessing different component technologies. Estimated incentives for potential member states
are given below.
Kazakhstan: expansion of front-end fuel manufacturing and sales business, future expansion
into back-end business, smooth implementation of services (including transport)
Mongolia: Front-end business (after technology support from an advanced country), smooth
implementation of services (including transport)
Russia: Front-end and back-end business- Russian fuel for western PWRs and BWRs,
increased enrichment business, adoption of VVER, smooth implementation of services
(including transport)
South Korea: expanded nuclear business, solution to SF problem - back-end (including
reprocessing), (smooth implementation of services (including transport))
China: entry into nuclear business in Asia focusing on front-end, smooth implementation of
services (including transport)
Japan: solution to SF problem, stable fuel supply, new uses for Pu, smooth implementation of
services (including transport), and possible promotion of exports of Japanese nuclear
resources with comprehensive business cooperation in the nuclear fuel cycle.
States Receiving Services including Taiwan: membership provides fuel supply and services
for SF (Taiwan: solves SF problem), smooth implementation of services (including transport)
Emerging States:be steadily assured normal nuclear fuel supply and backend (SF)-related
services
Businesses (Industry): Smooth promotion of businesses and “Principles of Conduct” under
the agreements among member states, host states and site states
As an example of states pursuing business, the services currently possible for Russia and
Kazakhstan are as follows: for handling SF in Russia, if Russian uranium was enriched and molded
in Russia and then irradiated in a Russian reactor (VVER) the SF could be taken, but in cases where
it was enriched in Russia and irradiated in a Russian reactor VVER but was molded outside of
Russia, the SF could not be taken. In other words, the Russian nuclear business strategy requires
the client state to accept uranium enrichment- molding- Russian reactor (VVER) or the SF cannot
be taken.
In the case of Kazakhstan, if the uranium is from Kazakhstan and molded in Kazakhstan then
the SF can be taken. In other words, Kazakhstan aspires to, 1) Acquiring nuclear reactor fuel
manufacturing technology (molding) that allows for manufacturing fuel that fits a variety of
reactors, or 2) Acquiring a license to use said technology, or 3) Sales of nuclear reactor fuel
products manufactured using said technology. These points must be considered for taking SF for
storage.
185
Involvement with Multilateral Control
As previously indicated, involvement includes Types A, B and C, but for the specific states
mentioned above this study considered the involvement in the table below for the start of the MNA
and in the future.
Functionality of Framework and Steps to Realize
This proposed MNA framework would, as indicated earlier, function to an appreciable degree
if the MNA framework treaty (Treaty on Multilateral Cooperation Framework for the Provision of
Nuclear Fuel Cycle Supply and Services in Asian Region) and the appropriate domestic and
international legal regulations are followed, but for functionality upon realization of the framework,
further detailed examination is vital.
Also, in the case that a framework such as this was created, there is one method for creating
this organization or another for changing or expanding existing frameworks. Existing frameworks
in Asia include ASEAN+3, APEC, and APSN for safeguards, but ASEAN+3 does not include states
considered this time such as Russia and Kazakhstan. Although APEC includes the majority of
states considered, its primary concern is economic, and it is unclear whether discussions on nuclear
non-proliferation would be possible. In any case, steps towards realizing this proposal are in the
realm of international politics, and this study would like to consider them as issues for the future.
(3) Label D Access to technologies
As the URENCO-Kahn example shows, SNT access control and information security are
important issues for the MNA framework. In this study, Type B would have no transfer of
ownership, making control of SNTs relatively feasible. With Type C, when exchanging opinions
with specialists there were concerns regarding reliable control of SNTs. However, black box
Front-end Power Plant Back-end
Facility Mining,
Refining,
Conversion
Uranium
Enrichment
Reconversion,
Fuel
Manufacture
LWR LWR MOX
FBR
SF Mid-term
Storage
SF
Reprocessing
MOX
Storage
SF
Disposal
Post-
reprocessing
Waste
Time
MN
AS
tart
Pote
nti
al F
utu
re
Sta
te
MN
AS
tart
Pote
nti
al F
utu
re
Sta
te
MN
A S
tart
Pote
nti
al F
utu
re
Sta
te
MN
A S
tart
Pote
nti
al F
utu
re
Sta
te
MN
A S
tart
Pote
nti
al F
utu
re
Sta
te
MN
A S
tart
Pote
nti
al F
utu
re
Sta
te
MN
A S
tart
Pote
nti
al F
utu
re
Sta
te
MN
A S
tart
Pote
nti
al F
utu
re
Sta
te
MN
A S
tart
Pote
nti
al F
utu
re
Sta
te
MN
A S
tart
Pote
nti
al F
utu
re
Sta
te
Candidate
States
Kaz
akh
stan
Kaz
ak
hst
an
,Mon
goli
a
Ru
ssia
, C
hin
a
Russ
ia,
Japan
Ru
ssia
, Ja
pan
, C
hin
a, (
Kaz
ak
hst
an
)
Kaz
akh
stan
, R
uss
ia,
Jap
an, S
ou
th K
ore
a, C
hin
a
Kaz
akh
stan
, Ja
pan
, S
ou
th K
ore
a, C
hin
a
Adv.
Sta
te, V
ietn
am,
Mal
aysi
a, T
hai
land, I
ndones
ia
Ad
v. S
tate
, Vie
tnam
, M
alay
sia
Th
aila
nd
, In
don
esia
, O
ther
Adv.
Sta
te
Ad
v. S
tate
, Vie
tnam
, M
alay
sia
Th
aila
nd
, In
don
esia
, O
ther
Kaz
ak
hst
an
, Ru
ssia
, (M
ember
Sta
te)
Kaz
ak
hst
an
, Ru
ssia
, (M
ember
Sta
te)
Jap
an
, R
uss
ia,
Ch
ina
Jap
an
, R
uss
ia,
Ch
ina, S
ou
th K
ore
a,
Kaz
ak
hst
an
Jap
an
, R
uss
ia, (
Ch
ina)
Jap
an, R
uss
ia, C
hin
a, S
ou
th
Kore
a, K
azak
hst
an
Mem
ber
Sta
te
Mem
ber
Sta
te
Mem
ber
Sta
te(H
AW
)
Mem
ber
Sta
te(M
AW
)
Choice
Type A ✓ ✓ ✓✓ ✓ ✓✓ ✓ ✓✓ ✓✓ ✓✓ ✓(LWR-
MOX)
✓✓ ✓✓ ✓✓ (✓) ✓✓ (✓) ✓✓
Choice
Type B ✓✓ ✓ ✓ ✓✓ ✓(LWR-
MOX)
✓ ✓✓ ✓ ✓
✓✓
Inte
rn
ati
on
al
Dis
po
sal
Sit
e
✓
Choice
Type C ✓✓(FBR)
✓ ✓✓ ✓✓
✓(I
nte
rn
ati
on
al
Dis
po
sal
Sit
e)
MNA Candidate States and Sample Choices (Types A, B, C)
Note 1) Considering circumstances and plans for facilities of each state.
Note 2)Based on feasibility, sustainability and non-proliferation, ✓: recommended ✓✓: strongly recommended:
Note 3)Determined assuming nuclear non-proliferation is the same for Type A and B and higher for Type C.
Note 4)Assuming state facilities participating in fuel cycle services and those that do not both exist.
Note 5)For Types A, B and C, considerations including existence of fuel cycle services, presence of SNTs, bulk or item facilities, indirect
or direct use of nuclear materials, irradiated or not irradiated nuclear materials, plutonium-239 concentration.
✓
✓✓
186
technology control and preventing technology leaks is an issue not just for nuclear energy, but for
general companies as well, and the majority of companies have managed to succeed at it despite
globalization. A key issue is whether the MNA should be able to take appropriate measures
similar to a private company to prevent technology leaks. Complying with systems for SNT
control such as those in the Cardiff Treaty, as well as ensuring strict black box policies in the
consortium operating facilities should make access control and information security for SNTs
possible within the MNA model.
(4) Labels G, K, J Transport, geopolitics, political/public acceptance
The potential member states for the MNA are as indicated above focused mainly in the
Asian region, but are nonetheless spread out and the conditions for each state differ case by case.
For example, the potential MNA member states include some with weaker geopolitical
stability such as those with neighboring states suspected of nuclear programs, states carrying out
missile launches despite international objections, states with pirates operating within or near their
borders, and states with active anti-government guerrilla forces. This study looked at 3 different
routes between Kazakhstan and Eastern Asia. Air transport of new fuel is well known, and an
exclusively marine and land route was also examined as a rare case that Russia and Kazakhstan
have successfully implemented.
a) Route from central Asia (hereafter we take Kazakhstan for a study), overland through
European Russia, using St. Petersburg in Russia as the shipping port, exporting to emerging
nuclear states through the Suez Canal and the Strait of Malacca.
b) The same route as a) from Kazakhstan to St. Petersburg, then taking the North Sea, Barents
Sea and Arctic Ocean to the Bering Strait to reach East Asia and export to emerging nuclear
states.
c) Transport overland from Kazakhstan to an eastern Russian port, and export to emerging
nuclear states.
d) From Kazakhstan overland through the Chinese mainland, using Lianyungang as the
shipping port (Eurasian Land Bridge).
Route a) has already been used for transport to Japan, but since it involves the longest
distance and requires passing multiple choke points during transport, there are risks during
transport. Route b) through the Arctic Ocean can be approximately 40% shorter by length and
20 days shorter in time than Route a), so if this route could be established it would be useful not
only for transporting uranium resources but also transport from Europe, as this route has high
potential as a new shipping route. Since this route involves crossing a significant distance
through the Arctic Ocean, icebreaker ships would be necessary to clear the route. Therefore
cooperation with Russia is essential, and infrastructure would need to be built, including ships
capable of navigating arctic waters safely, route information and facilities to support the route,
establishment of a route support system and amendments to laws regarding passage. Route c)
has already been examined in a feasibility study by the Japanese government, and since it was
shown that no practical problems existed with a route transporting nuclear fuel overland from
187
Kazakhstan to an eastern Russian port (Vostochny) and using that as the shipping port,
infrastructure is already been put in place to use this route for the transport of nuclear fuel.
For the medium-term storage of SF (their origin material-based) in Russia and possibly
Kazakhstan looked at in this study, future trends in public opinion and acceptance of SF transport
and medium-term storage are critical to this system working.
For Route d), there exist the issues of no system being in place to track the position of
freight trains in real-time, and the need to transfer goods at border stations due to railway tracks
being different in Kazakhstan and China. On the other hand, due to inexpensive transport costs
it is possible to handle a greater volume of goods. There is the issue of whether Chinese laws
and public opinion should allow nuclear fuel from other states, including SF, to pass through
China.
Although it is an issue for all the routes, public acceptance is becoming a particularly
noticeable issue in Russia and must be examined. Overland transport of nuclear fuel: How to
gain understanding from local residents of states that are passed through is an issue, especially if
the state is not an MNA member. The issue of transporting radioactive wastes from other states
when state laws prohibit importing it (Kazakhstan, Russia) also must be examined. Russian law
strictly specifies which ports can handle what nuclear materials, and St. Petersburg can handle
nuclear fuel (and SF). Bolshoy Kamen (in East Asia) has a business operated by TENEX but
cannot currently handle SF. Bolshoy Kamen is a location where nuclear materials could be
temporarily stored, but this only applies to fresh fuel. Handling SF in the same way (temporary
storage) would face significant public acceptance issues.
Table Comparison of Possible Routes for International Nuclear Fuel Cycle Model
Route
Length
Route
Safety
Access to
Facilities
Port
Facilities
Notes
Route a)
St. Petersburg
(via Suez Canal)
△ △ ✓ ✓✓ Choke points and pirates
(Suez Canal, Somalia,
Malacca)
Route b)
St. Petersburg
(via Arctic Ocean)
✓ △ ✓ ✓✓ Viability as a commercial
route (accompaniment by
icebreakers, establishing
shipping lane, etc.)
Route c)-1
Eastern Russia Port
(Vostochny)
(via Siberian Land
Bridge)
✓✓ ✓✓ ✓✓ ✓
Route d)-2
China, Lianyungang
(via Eurasian Land
Bridge)
✓✓ ✓✓ △ (Unknown) Railway gauge
differences between
Kazakhstan/Mongolia and
China (need to transfer
cargo)
188
(△=average, ✓=good, ✓✓=excellent)
(5) Label F Economic efficiency
An assessment model was made to compare the cost of unilateral and multilateral control of
the nuclear fuel cycle, with analysis carried out on how economies of scale, transport costs and
reprocessing facility operating delays affect cycle cost. The reprocessing facility for the
multilateral control framework considered in this study was assumed to be in an Asian state, and
medium-term storage facilities to be in Central Asia. To calculate distances and costs from
actual locations for this analysis, reprocessing facilities were assumed to be in Japan (Aomori for
the sake of calculations), and medium-term storage facilities in Central Asia (e.g. Kazakhstan for
the sake of calculations). SF was assumed to be transported from Japan to Semipalatinsk and
temporarily stored there until reprocessing. In this scenario, after being stored for a certain
length of time, it would be transported back to Japan and reprocessed. For the routes from Japan
to Semipalatinsk, the same were used there and back. The unit prices are broken down by
category below, but the unit cost for maritime transport was set at ¥1,200/t km and land transport
was set at ¥8,400/tU km for basic cases, and assessment was carried out on their effect on overall
cost. The table below indicates cycle cost lower than unilateral control with a ✓, and costs that
are higher with a ×.
Table Unit Price for Each Factor (3% discount, see main text for values used)
Multilateral Control Unilateral Control
Uranium Fuel ¥10,000/tU 27,100 27,100
SF Transport
(Power
Plant→Medium-term
Storage)
¥10,000/tU
1,600-16,000 1,600
Medium-term Storage ¥10,000/tU 5,200 5,200
SF Transport
(Medium-term Storage
→ Reprocessing)
¥10,000/tU
1,700-17,000 1,700
Reprocessing ¥10,000/tU 41,100 65,100 (80tU)
MOX Fuel ¥10,000/tH
M 41,500 41,500
HLW Disposal ¥10,000/tU 11,000 11,000
189
Table Effect of Land Transport Cost Unit Price for Each Route
Land Transport Cost Unit Price (¥/tU km)
8,000 10,000 12,000 14,000 16,000
CR
Via St.
Petersburg,
South (Suez)
✓
(¥1.401/kWh)
×
(¥1.420/kWh)
×
(¥1.438/kWh)
×
(¥1.457/kWh)
×
(¥1.476/kWh)
AR1
Via St.
Petersburg,
Arctic
Ocean
✓
(¥1.367/kWh)
✓
(¥1.385/kWh)
✓
(¥1.404/kWh)
×
(¥1.423/kWh)
×
(¥1.441/kWh)
AR2
Russia Land
Route, via
Vostochny
✓
(¥1.352/kWh)
✓
(¥1.378/kWh)
✓
(¥1.404/kWh)
×
(¥1.430/kWh)
×
(¥1.456/kWh)
AR3
China Route,
via
Lianyungang
✓
(¥1.342/kWh)
✓
(¥1.364/kWh)
✓
(¥1.386/kWh)
✓
(¥1.409/kWh)
×
(¥1.431/kWh)
(Maritime transport cost: ¥1,200/tU km, unilateral cycle cost ¥1.410/kWh)
Table. Effect of Maritime Transport Cost Unit Price for Each Route
Maritime Transport Cost Unit Price (¥/tU km)
800 1,600 2,400 3,200 4,000
CR
Via St.
Petersburg,
South
✓
(¥1.378/kWh)
×
(¥1.432/kWh)
×
(¥1.486/kWh)
×
(¥1.540/kWh)
×
(¥1.595/kWh)
AR1
Via St.
Petersburg,
Arctic Ocean
✓
(¥1.355/kWh)
✓
(¥1.386/kWh)
×
(¥1.417/kWh)
×
(¥1.448/kWh)
×
(¥1.480/kWh)
AR2
Russia Land
Route, via
Vostochny
✓
(¥1.356/kWh)
✓
(¥1.358/kWh)
✓
(¥1.360/kWh)
✓
(¥1.362/kWh)
✓
(¥1.364/kWh)
AR3
China Route,
via
Lianyungang
✓
(¥1.344/kWh)
✓
(¥1.349/kWh)
✓
(¥1.355/kWh)
✓
(¥1.360/kWh)
✓
(¥1.365/kWh)
190
(Land transport cost: ¥8,400/tU km, unilateral cycle cost ¥1.410/kWh)
The results show that there are economic merits to a multilateral control framework.
However, the high cost of land transport is enough to eliminate any economic merit. It was also
found that with most conditions for unit price of transport costs, the Lianyungang scenario had the
greatest economic merit. However, as this scenario does not use an existing route, it would be
difficult to transport nuclear materials in its current state. In the future, laws regarding the
transport of nuclear materials via the Eurasian Land Bridge (through China) should need to be
made or amended as part of building the multilateral control framework proposed in this study.
When comparing multilateral control and unilateral control frameworks, this study
examined economies of scale for reprocessing costs and transport costs of SF for a general
economic assessment. In particular, due to looking at the cycle cost for multilateral control
frameworks as the cost for the framework as a whole, the analysis did not divide states into hosts
and partners. Calculating cycle cost for each state participating in the multilateral control
framework and also calculating the actual cost for unilateral control or a portion of a multilateral
control framework is something to be pursued in the future. Also, as indicated by the IAEA
(2005), how host and partner states divide the cost for each operation in a multilateral control
framework is also an important issue. In other words, a multilateral control framework model
with economic incentives superior to unilateral control must be created. To do so, in the future
an assessment model must be made that sets host and partner states for each operation and
considers procuring funds, investment ratios, and division of risk and cost.
(6) Label H Safety
Type A-C MNA facilities are under the jurisdiction of their respective partner/host/site
states, and in principle follow the legal regulations of each state for nuclear safety. A common
item between Type A-C MNA facilities is that in addition to partner/host/site states being
members of 4 treaties on nuclear safety, they should also comply with obligations set by the
Convention on Nuclear Safety and the Joint Convention on the Safety of Spent Fuel Management
and on the Safety of Radioactive Waste Management and be peer reviewed by member states.
Also, like Euratom the MNA member states as a whole should be party to the Convention on
Nuclear Safety in addition to each individual state.
In order to ensure greater nuclear safety, partner states and host states with Type A and B
MNA facilities should incorporate international safety standards such as the IAEA safety
standards into the laws of their state and be subject to peer review by the MNA Safety Section
regarding implementation. However, Type A and B MNA facilities are owned by the partner
state or host state operators, limiting the involvement of the MNA. With nuclear safety being
the responsibility of the state in essence, peer reviews can be voluntary halted.
Type C MNA facilities are operated by MNA operators consisting of MNA member state
operators including the site state, and if the site state that provides approval for construction and
operation of facilities agrees, it is possible to attempt to ensure even greater safety. Therefore,
the inclusion of international safety standards into state law that was voluntary for partner states
and host states is required for site states, and the MNA Safety Section should carry out more
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effective peer reviews (inspections).
Although creating unique safety standards among MNA member states would be ideal, this
would be very difficult and so international standards were chosen as a base. Also, assuming the
creation of an MNA framework in the Asian region, the benefit of AMMAO Safety Section
reviews are that with Asia having both advanced nuclear states and states with newly introducing
nuclear reactors, within the MNA framework the former can use their experience and knowledge
to benefit the latter and share best practices, improving nuclear safety measures. This method is
possible due to both advanced nuclear states and emerging nuclear states existing in Asia, and
should also contribute to building trust between both parties. These peer reviews by the MNA
can effectively use the cooperative framework for regional safeguards mentioned earlier.
Applicable Laws
(In Principle)
Signatory to
International Treaties
and Carrying Out
Treaty Obligations
Using International Safety
Standards and Confirming Status
of Implementation
Pro
posa
l
MN
A
Type
A
Laws of Partner
State Regarding
Nuclear Safety
Signatory to and
comply with
obligations of 4
nuclear safety treaties
Submitting reports
and peer reviewing
other member states
in the Convention on
Nuclear Safety and
the Joint Convention
on the Safety of Spent
Fuel Management and
on the Safety of
Radioactive Waste
Management
Volu
nta
ry
Incorporating
international safety
standards (such as
IAEA safety standards)
into state law
Allowing peer reviews
by MNA Safety
Section
Type
B
Laws of Host
State Regarding
Nuclear Safety
Same as above
Type
C
Laws of Site State
Regarding
Nuclear Safety
Same as above
Insp
ecti
on
Incorporating
international safety
standards (such as IAEA
safety standards) into
state law
Allowing peer reviews
by MNA Safety Section
192
(7) Label I Liability
Type A-C MNA facilities are under the jurisdiction of their respective partner/host/site
states, and in principle follow the legal regulations of each state for nuclear damages liability. If
the state is party to international treaties on nuclear damages liability, then that treaty may apply.
Assuming the creation of an MNA framework in the Asian region, there are many states in
Asia such as Japan, South Korea and China that are not signatory to any international treaties on
nuclear damages liability, liability limits vary by state, and if a nuclear accident should occur
there is no strategy to handle damages across borders. Therefore, MNA member states should
sign international treaties. The international treaty to be joined should be the CSC. Although
currently the CSC is not in effect, assuming the creation of an MNA framework in the Asian
region the CSC should come into effect when Japan signs.
For Type C facilities according to the Act on Liability for Nuclear Damages the MNA local
corporation established through investment by MNA member state operators should be considered
the operator, and the site state should be responsible as the state with the facility. If allowed by
the laws of the site state, a special provision can be signed by the MNA local corporation, MNA
member state operators, the site state, other MNA member states and the AMMAO so that the
local corporation and site state would receive claims for nuclear damage liability at a
predetermined percentage from MNA member state operators and other MNA member states.
Alternatively if the site state is signatory to the CSC, a pledge could be made to create a pool of
funds for nuclear damages liability up to a certain amount through contributions from MNA
operators. In either case, limited liability should be prescribed for both operators and site states.
Assuming the creation of an MNA model in the Asian region, the following merits exist for
joining the same international nuclear damages liability treaty that nearby MNA member states
are signatory to.
Only the state where the accident occurred has jurisdiction in that territory, so proceedings
should not be carried out in other signatory states, and rapid and fair liability can be carried
out under common rules (however, there exists the demerit that should states near the one
where the accident occurred suffer cross-border damages, these neighboring states would
have to carry out proceedings in the jurisdiction of the state where the accident occurred)
Substantial liability safeguard amounts and unified judicial proceedings in the state the
accident occurred. Eliminate unfair liability between states.
When signatory to an international treaty with international fund measures available, the
operator can cover some of the liability with contributions from other signatory states,
contributing to the protection of injured parties
Assuming the creation of an MNA in the Asian region, of the international treaties on
nuclear damages liability mentioned above the CSC is the most appropriate international treaty
for an MNA in Asia. However as mentioned above, neighboring MNA member states would
also have to sign the CSC and bring it into effect.
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MNA Applicable Laws
(In Principle) Other Requirements
Type
A
Laws of Partner
State Member states sign international nuclear damages liability
treaty (Convention of Supplementary Liability (CSC)) Type
B Laws of Host State
Type
C Laws of Site State
Same as above
Establish limited liability for operator liability and state support
Establish special provision for liability amount claims to other
investors and the states they belong to, or if signatory to CSC
establish a nuclear damages liability fund (fund pool) by MNA
member state operators as a temporary measure until CSC
supplementary liability is provided
7.5 Sustainability of stable nuclear fuel cycle framework
When evaluating the sustainability of a stable nuclear fuel cycle framework, the keys are
promoting peaceful use and compatibility of 3S enhancement, making nuclear fuel cycle service
business smooth and solving the problem of handling SF, as well as the impact of the industry. A
summary of the evaluation results are written below.
(1) Policy for effective promotion of peaceful use of nuclear power and compatibility of 3S
enhancement in Asia
Regarding the importance of including 3S in a MNA; MNA started from the concepts of
non-proliferation and peaceful use but then another thought came that it would be effective to
cover the community that is the region by adding in 2S (safety, security). The Non-proliferation
(safeguard) S has an international regime based on the NPT and it is the international
community’s duty to abide by these rules and standards, however, the other 2 S’s, safety and
security, while international standards and guidelines exist, they are entrusted to each nation for
handling. In response to this, this study proposes to have agreement within each regional
framework for a surveillance system, based on type and level, divided into advisory reviews and
peer reviews without compelling force, and peer reviews with compelling force (inspection). Like
nuclear nonproliferation, the safety and security issue is not something to be completed as a single
state, but, because it has an impact on other nations, in participation in a framework, there should
be a mutual consent to accept adherence to 3S in exchange for receiving nuclear fuel cycle
service. Specifically, by member states entering into legal agreements pertaining to safety, nuclear
security, and nuclear liability with AMMAO, it establishes to ensure safety on an international
level and nuclear security including that of the facilities within the framework (not just nuclear
fuel cycle facilities but power reactors as well) as targets.
Mr. Chaim Braun of Stanford University, known for his MNA research, has also referenced
3S; safety has no national border, and, while it is a little different than nuclear security, there is
also a precedent of international obligation in the UNSC1540 which already has states working
194
together.
Also, even in Article 123 of the US bilateral cooperation treaty, in addition to the IAEA
liability for damages, the following are also required:
• Adhere to NSG guidelines, and following UN Security Council’s Decision 1540,
report an intent to implement export controls to the UN Security Council;
• the supplying state shall show a commitment to apply mutually agreed upon
measures based on international guidelines to physically protect the nuclear
materials; and
• show a commitment to IAEA safety standards, and bring into effect an international
treaty in the nuclear safety field.
In the case of creating an MNA, particularly in Type C, bilateral treaty requirement
stipulations, that is, the requirement stipulations relating to the aforementioned 3S, become
indispensable in making the MNA one group, and should necessarily lead to strengthening 3S. In
Type B, country based bilateral treaty execution and maintenance (especially with states beyond
the limit) is necessary but, within the MNA (between member states and AMMAO), for example,
by promising high 3S conditions such as those that are required in a bilateral treaty with the US,
and by seeking mitigating plans such as obtaining exceptional handling of the bilateral treaty, it
should become possible to realize smooth management that comprehensively agrees with the
activities of moving and transporting nuclear materials within the MNA framework.
(2) Making nuclear fuel cycle service business smooth and solving the SF handling problem
Until now, as a general rule, when moving (supplying) nuclear materials between countries, it
is necessary for the supplying state and the recipient state to enter into a nuclear cooperation
agreement. In general, in this agreement, in addition to strict export control requirements, there are
many nonproliferation conditions such as limits on shape modification timing and movement of
nuclear materials, as outlined below:
・ Application of perpetual safeguards to all nuclear materials and facilities covered by the
agreement
・ Items required in the NSG Guidelines
・ Assurances that all nuclear materials, facilities and SNTs covered by the agreement should
not be used in explosive nuclear devices, their research or other military applications
・ When cooperating with non-nuclear weapon states, should that state carry out nuclear
testing or terminate IAEA safeguards agreements, there exists a right to claim the nuclear
materials and facilities covered under the agreement
・ Assurance that the nuclear materials and confidential documents covered by the agreement
should not be transferred to a 3rd
party individual or state without consent by the USA
・ Application of proper physical protection measures for the nuclear materials covered by
the agreement
・ Prior consent from the USA to changes to reprocessing, enrichment, state and contents of
the nuclear materials covered by the agreement
195
・ Prior consent for storage of plutonium, uranium-233 and highly enriched uranium covered
by the agreement
・ Apply conditions equivalent to those given above for nuclear materials or facilities
produced or built using the SNTs covered by the agreement
Namely, in status quo, the nuclear materials recipient state is required to obtain prior mutual
consent from the supplier state regarding the reprocessing or modification to shape or content of the
materials within the scope of the agreement that are received, and regarding the storage of
plutonium and high enriched uranium, as well as regarding the movement outside the jurisdiction.
Accordingly, if you supply on the nuclear fuel cycle backend service, the more that you do, the
more there is the possibility that many states are involved with the nuclear fuel cycle manufacturing
process until then, and consequently, there is the possibility that prior mutual consent needs to be
obtained from many different countries.
If these are applied as-is to the MNA, a) between the nuclear power supplying state within the
MNA member states and the recipient state, and b) between the MNA non-member state, the
nuclear supplier state within the MNA member states, and the recipient state, there is a need to enter
into a bilateral nuclear cooperation agreement. However, this number of agreements increases as the
number of MNA member states, and the number of MNA non-member states that conduct nuclear
fuel cycle services with MNA member states increases, leading to greater complication between
member states with many agreements.
However, on one hand, if agreement can be obtained on this type of contents within the MNA
framework (AMMAO and between each nation), nuclear activities (including movement of nuclear
materials) within the MNA should become clear and trustworthy, resulting in not only a decrease in
the number of agreements entered into, but also, the possibility, that restrictions on bilateral
agreements between MNA member states and states outside the framework are mitigated, is
expectedly high (for example, as comprehensive agreement), and through this, we can hope for the
nuclear fuel cycle service business within the framework to become smoother. Typical case can be
seen in Type C. Because the entire MNA member states are seen as one state, being endowed with a
high level of nuclear nonproliferation characteristic in terms of nuclear nonproliferation (safeguard)
and nuclear security, and by sharing the requirements hitherto shown in bilateral nuclear
cooperation agreement within the MNA, it can be hoped that bilateral nuclear cooperation
agreement requirements with states outside the MNA should be comprehensively handled and
alleviated. Namely, through this, nuclear fuel service within the MNA including transport can be
conducted smoothly.
On one hand, a solution plan for the accumulation of SF in Asia is urgent business but, by not
stopping MNA framework activity to reprocessing of SF and international storage, by expanding to
the solution of final waste problem, it can be hoped that there should be increased incentive in
sustainability and participation. Through advanced furnace and advanced treatment processes, by
establishing technology within the MNA for separation and transmutation of actinides and long
half-life nuclides, through the reduction (MA/LA) of the radioactive environmental burden of waste
matter, along with making it easier to return to the origin state, it can be hoped that there should be
a decrease in transport costs at the time of return. As a requirement that comes along with
participation in the framework, to include taking on this problem with cooperation between many
nations, we can aim for the completion of a nuclear fuel cycle as a framework total.
196
(3) Role of the industry
(About general rules for movement and framework between many nations)
On September 15, 2011, the world’s important nuclear power generation furnace
manufacturers announced the “Nuclear Power Plant Exporters’ Principles of Conduct” (called
“Principles of Conduct” below). The “Principles of Conduct” has the personality as a code of
conduct where, when it comes to the export of nuclear reactors, each company has voluntarily
pledged to adhere to it. The “Principles of Conduct” shows principles in 6 areas (safety, health
and radiation protection, physical security, environmental protection and SF, handling of waste,
liability for nuclear damages, nuclear nonproliferation and safeguards, and ethics) that nuclear
reactor manufacturers ought to keep in mind when exporting nuclear reactors, and it has come to
be a compilation of models and best practices built up internationally until now in each area.
Because the “Principles of Conduct” agrees with the thoughts of this study, it was used as a role
of the industry.
Not only from a nuclear safety perspective, the “Principles of Conduct” proposes that it is
necessary to review the measures and regulations of nuclear facilities from a nuclear security
perspective, and further that it is necessary to pursue greater unity with nuclear safety and nuclear
security. Also, it includes items with provisions for including nonproliferation and nuclear
security requirements in nuclear power generator designs. There are already guidelines set forth
by IAEA regarding nuclear safety but there are no guidelines to include safeguards, nuclear
security, and nuclear nonproliferation in the design, and it is left to the discretion of each supply
manufacturer as to what extent these ought to be included. Going forward, in order to further
improve effectiveness, it is believed that specific agreement is needed on what requirements ought
to be included in the design according to the guidelines.
In the “Principles of Conduct,” regarding liability for nuclear damages, there is a pledge that
the supplying manufacturer make a decision that, at the latest, before the fuel is acknowledged,
the receiving state must fulfill at least one of the following: 1. establish national law that includes
a concentration of the responsibility for operating engine of the power generator; 2. become a
member to the Vienna Convention and the Paris Convention; and 3. become a member of the
convention on supplementary liability for nuclear damage (CSC).
Because there is risk in the safety, security and nuclear nonproliferation fronts when it
comes to nuclear power generation, supplying states and supplying manufacturers of nuclear
materials and equipment must take an interest in and take responsibility so that nuclear power
generation in recipient states is not conducted in a manner that actualizes these risks. At the
government level, when supplying nuclear materials and equipment, in the nuclear cooperation
agreement entered into between the state supplying the appropriate nuclear materials and
equipment and the recipient state, a commitment from the recipient state is demanded regarding
nuclear nonproliferation and nuclear physical safety. When a fair competitive market for nuclear
transactions is ensured, a desirable commitment for the recipient state to demand is that there is
little difference between the supplying states, and a fixed level of standardization according to the
197
NSG guidelines is designed.
On the other hand, under the nuclear cooperation agreement, for the actual nuclear power
generation agency in the recipient state, hitherto common rules on what the manufacturer who
supplies nuclear materials and equipment should adhere to in exporting have not existed. This
time, along with covering the areas of safety, SF, waste management, liability for nuclear damages,
and ethics, that the NSG guideline does not, the agreed upon “Principles of Conduct” stands out
for its detailed regulations in these areas. Going forward, by adhering to this code of conduct,
along with there should be greater standardization, it is thought that it is desirable for this same
handling to spread to the entire nuclear industry including the concentration manufacturers and
fuel production manufacturers.
As mentioned above, the “Principles of Conduct” is a model characterized by the industry
adhering autonomously but as much as in the end the nuclear industry is a for-profit organization,
it is predicated on adherence under the principle of competition. In this study, opinions were
exchanged with the US NEI but, regarding the “Principles of Conduct,” as an expert, although the
industrial world welcomes the continuation of this argument, it became clear that it is thought that
the impact on the US industrial world would be insignificant. The industrial world accepts the
facts but, because it is a general movement, it is seen as not having special pledges or promises. In
other words, ultimately the “Principles of Conduct” is only a model, and it can be taken with the
mindset that adherence voluntary within the scope of possibility (not proactive). As such, to
execute the “Principles of Conduct” in a competitive society, some sort of backup that exceeds the
civilian level is indispensable.
Entering nuclear cooperation agreements has become the foundation for seeking recipient
state commitment to nuclear nonproliferation and nuclear physical protection through the
abovementioned government level but, in order to ensure an international place of fair
competition in nuclear transactions, a backup structure that goes beyond the nuclear cooperation
agreement (bilateral) and has multilateral commitment is important. That is, through agreement to
cooperation in 3S, nuclear liability, and waste, within the multilateral framework, it is possible for
the nuclear power industry to have uniform standards for principles of conduct that are adhered to.
This time the “Principles of Conduct” target the export of power generators but it is thought
that it ought to go beyond this and be developed into an argument for the role of the industry
including the nuclear fuel cycle.
(From the opinion exchange with the industry)
In this study we held an opinion exchange with the US nuclear power industry and persons
affiliated with the domestic nuclear power production, the representative opinions are listed
below.
・ One topic confronting the US industry that is a matter of great interest and concern is how to
handle SF accumulating in domestic and foreign nuclear power plants. The storage period for
SF is considered 120 years. Including management of foreign SF, they are interested in a
proposal with a multilateral approach, especially a nuclear fuel cycle regarding the backend.
198
・ Because the US nuclear power industry think that a multilateral approach is a more
governmental world, despite the industry having an interest in the same approach toward
nuclear fuel cycle, it is believed that a leadership type role cannot be accomplished in this
type of concept or proposal.
・ However, a field that a defined important role can be achieved by the industry, for example,
with introducing nuclear power in other countries, in order to prompt partiality on the nuclear
power export and political measures, the US nuclear power industry may take proactive
action against the policymaker. In this point, it welcomes a multilateral approach concept
that has the possibility to provide a fair place for competition for member states when it
comes to the nuclear power export and sales.
・ University of Tokyo’s Gr research, including Kazakhstan as a partner, showed affirmative
attitude to a way of thinking to handle nuclear fuel cycle service in a package. On one hand,
they identified the many difficulties toward realization such as the topic of “equality” and
neighboring state agreement that goes along with the transport of SF.
・ Different from the nuclear fuel cycle front end, the market does not exist on the back end, and
the back end alone is difficult to become a business. As a result, it is necessary to develop
business attached to the front end, one of which is 1) nuclear fuel lease that includes
collecting SF, and 2) long-term storage of SF.
・ There has to be business rationale because actual participation from industry has importance
when realizing a multilateral approach.
(Promoting creation of an MNA framework and a nuclear industry with responsibility)
A multilateral approach related to the nuclear fuel cycle is an international handling way of
thinking in a form that joins the front-end to the back-end which has issues because it reaches its
limits due to difficulty in establishing in the nuclear power industry, and thus is welcomed from a
perspective of promoting nuclear business. Important keys to entering the industry are business
rationale and equality in business.
On one hand, when it comes to the export of nuclear power generation, the nuclear power
industry autonomously deciding on the “Principles of Conduct” regarding 3S, environmental
conservation and SF, waste handling, liability for nuclear damage and ethics can only mean that
this industry is aware of the necessity and importance of these things in the particular field of
nuclear power. However, to realistically secure equality and business rationale under the principle
of competition, to adhere to this type of principle, backup of a commitment at the “international”
level that surpasses the “government” level is funfamental.
From this viewpoint, it is possible to think that the proposal in this study for agreement
between member states of a regional framework regarding with 3S to start, export management,
transport, liability for nuclear damages, handling waste, should work effectively to the promotion
of a smooth industry (business) relating to front-end/back-end service.
7.6 Comprehensive evaluation of proposed MNA: discussion on feasibility and sustainability
Sides
This study divided an MNA with the Asia region (middle Asia – Eastern Asia –
Southeastern Asia) as the target, into 3 cases, Types A, B, and C, and researched from the
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perspectives of nuclear nonproliferation (safeguard, nuclear security, etc.), safety, SF cycle service,
host state (site state) selection, access to technology, amount of participation in multilateral
approach, economy, transport, liability, political reception, public reception, geopolitics,
regulations, stakeholder incentives, and industry involvement in planning.
Here, as a consideration of this study, we should further evaluate the description up to the
preceding paragraph from feasibility and sustainability standpoints in type distinct evaluation, and
regarding specific participating states and form of participation.
About Type A
1) In Type A, because of the reasons listed next, improvement in 3S (nuclear nonproliferation
(safeguard), nuclear security, safety) can be expected. However, safety and nuclear security
should not be something great enough to be significant.
A) Because using the measurement management by the host state (entrusted business
operator) and the MNA as the base, inspection (validation) activity is conducted through
the MNA and IAEA, in order to realize a strong form of regional safeguards.
B) Because of performing AMMAO peer reviews (performed within the possible scope
based on agreement) regarding the fulfillment of international guidelines although
regulations of each state pertaining to “safety” are the base. It is not significant
(recommendation level) but contribution to the improvement in the safety culture of
states concerned can be hoped for.
C) Because regulations of each state pertaining to “nuclear security” are the base, but
AMMAO advisory reviews regarding the fulfillment of international nuclear security
guidelines (performed within the possible scope based on agreement) are conducted with
a result that is not significant (recommendation level).
2) Newly, because there is requirement for commitment to nuclear nonproliferation within the
MNA, a smooth nuclear fuel cycle service can be enjoyed.
About Type B
1) In Type B, business is conducted in the form of each state maintaining status quo of the nuclear
materials facilities that they own (no transfer of ownership). Because of the reasons described
next, through participation in the MNA framework, it is possible for smoother administration of
this business as compared to the present (transfer and transport of nuclear materials, etc. within
the MNA framework);
A) Because although the existing bilateral cooperation agreement continues as is in form, it
can be highly anticipated that, by mutually consenting between MNA member states
(between AMMAO) to higher nuclear nonproliferation requirements (for example, the
requirements in the bilateral agreement with the US), the above written bilateral
cooperation agreement is alleviated (for example, comprehensive consent).
B) Because processing is simplified and designing practical cooperation becomes possible
through mutual consent between MNA member states (among AMMAO), although
nuclear materials transfer and export/import control is currently barriers in international
200
business. Along with compliance with the decisions on international control relating to
export (NSG, etc.) being a basis, to the extent possible, unification of export/import
control standards between member states can be planned.
2) In Type B, due to the reasons listed next, an improvement in 3S (nuclear nonproliferation
(safeguard), nuclear security, safety) can be anticipated. However, regarding safety and nuclear
security, it does not become strong enough to have significance.
A) Because of realizing a strong shape of regional safeguard such as performing inspection
(validation) activity through the MNA and IAEA, based on the measurement management
by the host state (entrusted business operator) and the MNA.
B) Because of performing AMMAO peer reviews (performed within the possible scope based
on agreement) regarding the fulfillment of international guidelines although regulations of
each state pertaining to “safety” are the base. It is not significant (recommendation level)
but contribution to the improvement in safety culture of states concerned can be hoped for.
Also, although the liability for nuclear damages is the host state’s responsibility,
complementary measures from complementary damages (insurance) can be anticipated
(additional damages (insurance) proportionate to the service received).
C) Because advisory review (performed within the possible scope based on agreement) is
conducted through AMMAO regarding adherence to international nuclear security
guidelines although regulations of each state pertaining to “nuclear security” are the base.
It does not have significance (recommendation level) but contribution to improvement in
the security culture of states concerned can be anticipated.
3) In Type B, including back-end service (reprocessing, etc.), even in the case considering
transport costs, it can be carried out more economically rationale when compared to cases of
carrying out in individual countries (However, when reprocessing, it is fundamental that the final
waste be returned to the country of origin).
About Type C
1) In Type C, for facilities owned by the MNA which are established in territories of member
states, operation is entrusted by consortium. For the reasons listed next, smooth operation is
possible compared to what exists now (transfer and transport of nuclear materials, etc. within the
MNA framework)
A) Because the MNA is treated as one state (region), and a bilateral nuclear cooperation
agreement is entered into between non-member states (i.e. US) and MNA (AMMAO). In
the bilateral nuclear cooperation agreement, through mutual consent among MNA
member states (among AMMAO) to strict nuclear nonproliferation requirements (for
example, requirements required in the bilateral agreement with US), alleviating the above
bilateral agreement is planned (gain special treatment such as comprehensive mutual
consent for activities such as transfer and transport of nuclear materials within the MNA
framework).
B) Because processing is simplified and designing practical cooperation becomes possible
through strict mutual consent between MNA member states (among AMMAO), although
201
nuclear materials transfer and export/import control is currently barriers in international
business. For MNA non-member states, the MNA is treated as one state.
2) In Type C, because of the reasons listed next, a significant 3S (nuclear nonproliferation
(safeguard), nuclear security, safety) can be anticipated.
A) Because of realizing a strong shape of regional safeguard such as performing inspection
(validation) activity through the MNA (AMMAO) and IAEA, based on the measurement
management by the MNA (entrusted business operator).
B) Because international safety standards can be adhered to regarding nuclear safety. In the
peer review through AMMAO, significant safety measures are possible because
adherence to the same standards is inspected.
C) Because adherence to international nuclear security guidelines, and adherence to these
same guidelines is inspected through the AMMAO peer review (items in the scope of
and beyond the equivalent of the nuclear physical protection peer review for MNA
nuclear facilities based on the bilateral nuclear cooperation agreement with a NMA).
3) In Type C, even in cases considering transport costs, it is performed more economically
including back-end service (reprocessing) when compared to performing as a standalone country
(however, if there is reprocessing, it is fundamental that final waste be returned to the country of
origin).
4) In Type C, because facility ownership is transferred to MNA, service is smooth, and while
improvement of 3S can be anticipated, regulations become more complicated in areas such as
having to follow site state regulations (such as safety) and adhering to international standards.
While the responsibility of safety transfers to MNA and, through this, MNA member states enter
the international convention on supplementary liability (for example CSC) regarding liability for
nuclear damages, new measures are necessary such as system where member states and those
business operators together contribute capital for pooling (pooled with investment from each
power company).
In so far as the above, when comparing Types A, B, and C, looking at it from a SNTs and
nuclear non-proliferation viewpoint, ideally a Type C where the operation of facilities is entrusted to
MNA is probably the best shape. However, in a multilateral control concept focused on Type C (a
combination of Types C and A), when it comes to transfer of MNA activities that go beyond the
state level, it can be predicted that, following the laws of the site state, the business operator
(international consortium appointed by the MNA) would submit facility construction and operation
license and permits applications to the site state government institution. In this case, an important
condition to receiving approval is who has responsibility for, or how the responsibility should be
divided, when it comes to safety, nuclear security, and liability. How the sovereignty of the site state
should affect the MNA owned facility is a major problem and it cannot really be anticipated that the
decision on division of responsibility in matters such as the safety of local residents and ensuring
nuclear security, etc. should proceed smoothly. Further, just how nationalism should be cut apart is
another point at issue. Until now, unlike Europe that has repeated actions toward a community
formation, when thought of the current conditions of nuclear activity at the national level in the Asia
region, it is thought that conditions leave no choice but for each nation to think of its own business
as a basis when considering the incentive to participate in the MNA. As the industry’s globalization
202
progresses, it is not impossible that in the MNA jurisdiction, business should also move forward as
an international consortium, but in order for that the MNA – AMMAO fully operate the nuclear fuel
cycle including the abovementioned safety, taking full responsibility, it is expected that a great deal
of discussion and time is needed including revision of laws and regulations. Thus, from a feasibility
viewpoint, it is thought that a shape focused on Type B (an MNA combining Types B and A) is the
most realistic choice.
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7.7 Future work
In this study, Types A, B, and C were imagined as cooperative forms of multilateral
frameworks and, as a framework figure, discussion was conducted on a combination of Types
A and B as well as on a combination of Types A and C. Cases with even more complex
mixtures of A, B, and C can be thought of but, as discussed in the comprehensive evaluation
in section 7.6, realistically, a Type A/B shape has a high feasibility. Models including Type C
have low feasibility when thought of in terms of the nuclear activity and history at the
national level in the Asia region but, going forward, it is thought that studying theses types of
cases should be meaningful.
As for legal systems, this study discussed deeply non-proliferation (safeguard, export
management, and nuclear security), nuclear safety, transportation, liability, host country
selection, and access to sensible nuclear technologies, etc. As mentioned above, if more
concrete and realistic options are considered, it should be necessary to discuss legal systems
further.
When states join MNA as type A, strong requirement on nuclear non-proliferation should be
imposed in exchange for enjoying receiving nuclear fuel cycle services. When talking about
“attractiveness” to join MNA, it can be said that procurement of new fuel may not be difficult
through normal commercial channels/contracts, while SF may not be a serious issue for the
emerging states. Namely, in this context, incentive to join MNA may not be high for the
emerging states. For such states, it may be needed to persuade the importance of long term
stable supply from the political and geopolitical viewpoints. For that, it is of importance to
have functions to procure and supply fuel from the outside of MNA by itself at market prices
in case that internal supply comes to be insufficient. It also implies to activate fuel supply
business when nuclear fuel is available from such multichannel suppliers.
In addition, it should be emphasized that cooperative agreements on 3S be considered
positive support to promote safe and secure implementation of nuclear energy, not as an
additional load.
In this study, USA, Canada and Australia were put as the states that can supply nuclear fuels
from outside of the MNA, expecting Japan’s leadership on nuclear non-proliferation based on
its long non-proliferation history, which may encourage to create Asia own new framework.
However, it may not be realistic to exclude USA and states concerned unless MNA-AMMAO
becomes so strong organization as EURATOM. Further study should be made for an option
where the framework involves those states.
In other words, e.g. USA may not change its forms of bilateral nuclear agreement (BNA) to
each nation in spite of the fact that the MNA proposal expects to make USA’s BNA more
flexible and comprehensive in exchange for strengthening non-proliferation regime within
MNA. Steadfast systems/functions to be able to impose penalty against non-compliance or
condition for withdrawal of MNA Treaty are needed. For that, further studies to strengthen
AMMAO’s authority and relations to UN organizations should be made.
The following issues remain when it comes to legislation. Safeguards: Compared to the
EURATOM safeguard in the EU which has a long history, how to design a unified nuclear
measurement control system and compliance system with the goal of nuclear nonproliferation
204
security in Asia with its various governments, economies and cultures; Nuclear safety and
nuclear security: These are historically items left to the discretion of the nation, especially
nuclear security has been concealed because it is closely related to national security problems,
and it is on the premise that this should be carried out under the nation’s responsibility. Based
on this premise, how to overcome the national sovereignty and limits of nationalism to
coordinate cooperation between AMMAO and site states, and further, how to make AMMAO
reviews, which even the EURATOM has not undertaken, function effectively; Liability for
Nuclear Damages: As the Fukushima Nuclear Accident exposed, once a nuclear accident has
occurred, the damage leads to extremely large sums of money, and the possibility of this
damage crossing national borders cannot be denied. From the standpoint of MNA facility
business operators, which many business operators and countries that take part in, and facility
states, when it comes to responsibility for liability for nuclear damages, introducing limited
liability should ensure the financial affairs basis of the MNA facility is desirable. However,
regarding nuclear accidents, how to reduce parent language due to participation in the MNA
of countries like Japan where it is established that the business operator has no responsibility;
Export Control: whether a unified export control system for member states is feasible;
Bilateral Nuclear Cooperation Agreements: as a current problem, whether relaxed
requirements can be drawn out of the US who provides a great deal of nuclear fuel to Japan
and Korea and then has the prior consent right on how to handle SF, as listed above, these are
issues that must be explored individual specifically.
In order to use the framework effectively, it is necessary to establish AMMAO headquarters,
office, and monitoring center (regional safeguard, safety, and nuclear security sections), and
secure personnel and equipment. Accordingly, we need to calculate initial and maintenance
costs and develop a financial base for them.
This study was focused on the services for the supply of enriched uranium fuel, the storage
and reprocessing of used fuel, and mentioned the toxicity reduction of collected final wastes.
However, from now on, it is necessary to discuss the reuse of collected uranium and how to
use MOX (short-term and long-term viewpoints), etc. As for the storage of used fuel, we need
to have the policy of returning it to the country that produced it in the end, rather than leaving
it to others. To do so, it is important to reduce the radioactivity of highly radioactive final
wastes in a collaborative manner, etc. In addition, it is necessary to discuss how to cooperate
in technological development for reducing the toxicity (radioactivity) of final wastes and how
to combust long-half-life FP radionuclides and actinide radionuclides (technologies and
practice), etc.
In this study, it was assumed that possible front-end member country candidates are
Kazakhstan, Russia, China, and (Mongolia in the future) for uranium mining and refining,
Russia and China for conversion, Russia (Kazakhstan using facilities in Russia), Japan, and
China for enrichment, Kazakhstan, Russia, Japan, South Korea, and China for fuel
production; while possible back-end member country candidates are Russia and Kazakhstan
for SF storage, Russia, Japan, and China (and South Korea and Kazakhstan in the future) for
MOX storage, and member countries for SF disposal; and reactor member country
candidates are advanced countries in nuclear power, Vietnam, Malaysia, Thailand, and
205
Indonesia. These are mere “possible countries” estimated based on the analysis of current
situations and the opinion exchanges at the academic level, and so there should be many
uncertainties when making more realistic discussions including politics.
From now on, it is necessary to develop an evaluation model while assuming host and partner
countries for each project and considering fund raising, contribution ratio, risk sharing, and
cost allocation.
As for economic performance, this study was focused on scale economy and transportation
cost. In the comparison of frameworks between multinational and one-country managements,
we made general discussions on economic performance evaluation focusing on the scale
economy of reprocessing cost and the transportation cost of used fuel. The option of direct
disposal was not excluded, but we placed importance on the problem of direct disposal from a
long-term non-proliferation viewpoint, and compared the case of small-scale reprocessing in
a single country and the case of large-scale reprocessing by several countries. In reality, some
countries select the option of direct disposal, and so it is important to compare the
reprocessing (including transportation) including the costs for returning final wastes and
disposal and the direct disposal of used fuel including the cost for disposing of used fuel
(without transportation). Since the cycle cost in the multinational management framework
was calculated as the cost for the entire framework without specifying actors, we conducted
the analysis without assuming host and partner countries. Accordingly, our future mission is
to estimate the actual cost for one-country management or multinational management
framework, by calculating the cycle cost from the viewpoint of each member country. There
are many other factors, such as the expenses for temporary storage, the cost for developing
ports, railway bridges, and facilities, and the cost for using collected uranium, and so more
careful discussions are necessary.
The actualization of MNA requires the participation of the industrial sector, and it is
important to provide incentives for participating in MNA and make more detailed discussions
about economic rationality.
A major issue in the development of a multinational management framework is how host and
partner countries allocate costs in each project. When host and partner countries have
economic incentives, they are encouraged to participate in a multinational management
framework, and so it is necessary to develop an evaluation model assuming host and partner
countries and considering fund raising, contribution ratio, risk sharing, and cost allocation.
Since existing routes are not used, it is considered difficult to transport nuclear materials as of
now. In order to develop a multinational management framework assumed in this report, it is
necessary to enact and revise legal systems regarding the transportation of nuclear materials
through Eurasian Land Bridge. It would be necessary to discuss the cost for each project
other than transportation more carefully.
We were able to discuss and compare the following transportation routes: (a) to cross Europe
and Russia from Kazakhstan by land, and export to nuclear power developing countries via
the Suez Canal and the Strait of Malacca from Saint Petersburg Port in Russia, (b) to
transport by land from Kazakhstan to Russia like (a), reach the Far East waters via the North
Sea, the Barents Sea, the Arctic Ocean, and the Bering Strait, and export to nuclear power
206
emerging countries, (c) to transport by land from Kazakhstan to the Far East port in Russia,
and export from the Far East port to nuclear power emerging countries, and (d) to cross China
from Kazakhstan and export from Lianyungang (Eurasian Land Bridge). However, it is
anticipated that nearby citizens should oppose the use of ports and transportation routes like
the cases of Russia and Kazakhstan.
A primary obstacle in actualizing a multinational framework is the opposition from citizens
in each project, especially transportation. Even if a basic agreement is concluded between
governments, the opposition from citizens should linger. Especially, in a multinational
framework for radioactive materials, it is anticipated that citizens should be reluctant to
accept a plan of receiving and reprocessing the nuclear materials or used fuels from foreign
countries and a plan of transporting used fuel via their countries or storing it temporarily in
their countries. The unavoidable factors for actualizing this scheme include non-proliferation,
technological, economic, and social feasibilities, including the acceptance by citizens.
Researches in this field are essential.
The options for realizing the framework include (1) to use an existing framework, such as
APEC and (2) to initiate a new framework among a small number of countries and diffuse it,
but these would be influenced by political factors significantly, and so these were not
discussed in this study. However, these would be important for discussing how to embody
MNA.
This study did not discuss nationalistic issues or international relations (international politics)
at all, but these would be important for actualization. In this light, we think that the proposal
for a framework emphasizing business feasibility in each country in Type B is realistic.
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8. Conclusion
This study made specific proposals to establish a regional multilateral control framework
for the nuclear fuel cycle in the Asian region, with a focus on nuclear non-proliferation, feasibility
and sustainability. Priorities for the framework included: eliminating inequality for peaceful
uses of nuclear power, making membership attractive (motivating) to the participant states and
industry, maintain or improve nuclear non-proliferation capabilities (including political and
geopolitical perspectives), implement safety and security at an international level, increased
economic potential for fuel cycle compared to a single state approach, eliminate
conflicts/inconsistency with existing laws and regulations, and solve transport issues for nuclear
fuel, etc. As a result, we were able to give an example of a multilateral control framework that
meets these needs.
This study is essentially a single case study based on the conditions given above, and in
order to pursue more realistic approaches in the future it is important to consider the many issues
presented in 7.7.
As mentioned in the background and purpose of this study, a regional multilateral approach
is an efficient way to promote the use of nuclear energy in the age of globalization, and is also an
important potential solution to backend issues facing nuclear power, nuclear non-proliferation,
nuclear security and nuclear safety. Although this study was only carried out at the university
level, it is hoped that the results will contribute to further examination at a higher level while this
study continues as a second track.
208
Appendix 1 Nuclear power situation of each state at frontend
As of February 2011
Uranium mining/uranium
refining
(Source: IAEA INFCIS)
Conversion, re-conversion
(Source: Same as left) Enrichment (Source: Same as left) Processing (Source: Same as left)
Nuclear power generation
(operation, construction, plan)
(Source: World Nuclear Power Plants,
2010)
Russia Dalur: 800 t U/year
(Hereafter, the same unit)
Priargunski /
Krasnokamensk: 3,500
Angarsk(Conversion to UF6): 20,000 t
HM/year(Hereafter, the same unit)
Chepetski Machine Plant- Conversion
(Conversion to UF4 ):2,000
Ekaterinburg (Conversion to UF6 ,
Sverdlovsk-44): 4,000
Angarsk: 1,000 MTSWU/year (Hereafter, the same unit)
Ekaterinburg (Sverdlovsk-44): (No
description of facility size provided.)
Krasnoyarsk: (No description of
facility size provided.)
Siberian Chemical Combine
(Seversk):4000
Machine - Building Plant (FBR): 50t HM/y
Machine - Building Plant (LWR): 950 t HM/y
Machine - Building Plant (RBMK): 950 t HM/y
Machine - Building Plant (pellets): 1,100 t HM/y
Novosibirsk Chemical Concentrates Plant (Assembly) :
1,200 t HM/y
Novosibirsk Chemical Concentrates Plant (Pellets): 660
t HM/y
Operation: 27 reactors (23.194 million
kW)
Construction: 10 reactors (8.38 million
kW)
Plan: 7 reactors (8.02 million kW)
China Benxi: 120 t U/year
(Hereafter, the same unit)
Chongyi: 120
Fuzhou: 300
Lantian: 100
Qinglong: 100
Shaoguan: 160
Tengchong: 20
Yining: 300
Lanzhou(Conversion to UF6): 3,000t
HM/year
Shaanxi Uranium Enrichment Plant:
500 MTSWU/year(Hereafter, the
same unit)
Lanzhou: 500
Candu Fuel Plant (PHWR) :200t HM/y
Yibin Nuclear Fuel Element Plant (PWR) : 400t HM/y
Operation: 11 reactors (9.118 million
kW)
Construction: 26 reactors (29.444
million kW)
Plan: 10 reactors (9.022 million kW)
United
States of
America
(USA)
Canon City-II:210 t U/year
(Hereafter, the same unit)
Crow Butte:380
Smith Ranch:770
Sweetwater (Green
Mountain):350
Vasquez:310
White Mesa:2,000
Metropolis / Converdyn (Conversion
to UF6):17,600tU/y
Under operation:
Paducah Gaseous Diffusion:11,300MTSWU/year
Under construction/plan:
American Centrifuge:3,500
MTSWU/year
National Enrichment Facility
(NEF):3,000 MTSWU/year
Areva Eagle Rock Enrichment
Facility:3.3 to 6.6 million
SWU/year
BWXT (Fuel Fabrication for research Reactors) : 100 t
HM/year)
Columbia (Westinghouse, U Assembly): 1, 150 t
HM/year
Richland (ANF) (U Assembly): 700 t HM/year
Lynchburg - FC Fuels (U Assembly): 400 t HM/year
Wilmington (GNF) (U Assembly) : 1,200 (t HM/year)
Operation: 104 reactors (105.344
million kW)
Construction: 1 reactor (PWR 1.20
million kW)
Plan: 8 reactors (9.40 million kW)
France No data Comurhex Malvesi (Conversion to
UF4 ): 14,000 t HM/year
Comurhex Pierrelatte (Conversion to
UF6): 14,000 t HM/year
W Defluorinat (e-Conversion to U3O8
(Dep. U) : 14,000 t HM/year
Under operation:Eurodif George
Besse-I:10,800 MTSWU/year
Under construction:George
Besse-II:7,500 MTSWU/year
FBFC - Romans: 1,400 t HM/year Operation: 59 reactors (66.02 million
kW)
Construction: 1 reactor (PWR 1.63
million kW)
United
Kingdom
(UK)
(No data) Springfields Enr. U Residue Recovery
Plant (Conversion to UO2 ): 65 t
HM/year(Hereafter, the same unit)
Hex Plant (Conversion to UF6): 6,000
Springfields Main Line Chemical
Plant Hex Plant (Conversion to UF4):
10,000
Springfields OFC IDR UO2 Line
(Conversion to UO2 ): 550
Springfields U Metal Plant
(Conversion to U Metal): 2,000
Urenco Capenhurst: 4,000
MTSWU/year
Springfields OFC LWR Line: 330t HM/y
Springfields(AGR): 290tHM/y
Operation: 19 reactors (11.952 million
kW)
209
Japan (No data) (No data) Rokkasho Uranium Enrichment
Plant: 1,050 MTSWU/year
Global Nuclear Fuel-Japan Co. Ltd. (GNF-J,BWR): 750
tU /year (Hereafter, the same unit じ)
Mitsubishi Nuclear Fuel Ltd. (MNF, PWR) : 440
Mitsubushi Nuclear Fuel Ltd. (MNF) : 450
Nuclear Fuel Industry Ltd. (NFI Kumatori, PWR): 284
Nuclear Fuel Industry Ltd. (NFI Tokai, BWR) :250
Operation: 54 reactors (48.847 million
kW)
Construction: 3 reactors (3.036 million
kW)
Plan: 12 reactors (16.552 million kW)
India UCIL-Jaduguda:
175 (t U/year) NFC (UOP) - Block-A (Conversion
to UO2 ):450 t HM/year
(No data) NFC (BWR、24t HM/y)
NFC (PELLET、335t HM/y)
NFC (PHWR、300t HM/y)
NFC (PHWR、300t HM/y)
Trombay FBTR (FBR、No description of facility size
provided.)
Trombay, Fuel Fabrication (PHWR、135 HM/y)
Operation: 17 reactors (4.12 million
kW)
Construction: 6 reactors (3.16 million
kW)
Plan: 8 reactors (6.80 million kW)
Australia Beverley:848 t U/year
(Hereafter, the same unit)
Olympic Dam:3,930
Ranger:4,660
(No data) (No data. The operation of Silex
ended in 2007. Currently it is
being decommissioned.)
(No data) No reactor for commercial purpose
Canada Key Lake/McArthur River:7,200t U/year (Hereafter, the
same unit)
McClean Lake:3,075
Rabbit Lake:4,615
Cameco -Blind River (Conversion to
UO3 ) :18,000tU/y(Hereafter, the
same unit)
Cameco - Port Hope (Conversion to
U Metal):2,000
Cameco - Port Hope (UF6)
(Conversion to UF6) :12,500
Cameco - Port Hope (UO2) (Conversion to UO2:2,800
(No data) Chalk River Laboratories, NFFF(No description
of facility size provided. N. Fuel PLLT. OP. (U Pellet-Pin、1,300t HM/y)
Peterborough (PHWR、1,200 (t HM/y)
Zircatec Precision Ind. (PHWR、1,200 (t HM/y)
Operation: 18 reactors (13.284 million
kW)
Kazakhstan Betpak-Dala JV LLP:3,000
U/year (Hereafter, the same
unit)
Appak LLP:500
Centralnoye (Taukent):1,000
JV Inkai:700
JV Katco (Moynkum):700
KenDala.kz JSC:1,000
Mining Group 6 LLP:1,000
Stepnogorsky Mining and
Chemical Complex
(SMCC):3,000
Stepnoye Mining Group
LLP:1,300
(No data)
According to the WNA, Cameco
signed on an Agreement with
Kazatomprom to examine conversion
plant construction in 2007. In 2008,
they collaboratively established a new
company for a construction of a
conversion facility (i.e. 12,000 tU/y)
in Ulba. The feasibility study was to
be completed in mid-2009. The
operation of the facility should begin
in 2015, and it should be fully
operationalised in 2018. Comeco
provides technology and occupies
49% of the project.
(No data) Ulba Metalurgical Plant (UMP, 2,800 (tHM/y)
In 2007, Kazakhstan made an Agreement for
collaboration with the Kansai Electric Power Co., Ltd.,
Nuclear Fuel Industries, Inc., and Sumitomo
Corporation. The Agreement is called the “Minutes of
Agreement for the Partnership for manufacturing
nuclear fuel for Japan”. In the Minutes, it was agreed
that 1) “Ulba Mining Plant”, an affiliate of
Kazatomprom, would manufacture and provide nuclear
fuel compound to the nuclear power plant of the Kansai
Electric Power Co., Ltd, and 2) Sumitomo Corporation
would be responsible for developing market in Japan
for the service provided by the UMP (e.g. handling
different uranium blended materials from uranium
dioxide powder to fuel pellet, to be used for producing
fuel at Nuclear Fuel Industries, Inc.). (Source: IAIF)
In 2008, Kazakhstan signed on the Comprehensive
Agreement with AREVA in France in the field of
nuclear fuel cycle. It was agreed that AREVA would
provide technical assistance to Kazatomprom to
produce 1,200 tons of nuclear fuel assembly every year
at UMP. This includes the support by France for fuel
assembly line for reactor (400 tons). Kazatomptom
would supply fuel pellet for the fuel assembly and also
establish a joint venture corporation called Integrated
Asia Star (IFASTAR) which sells the fuel assembly
(AREVA 51%, Kazatomptom 49%). All 800 tons of fuel assembly (the total production volume of 1,200
tons minus 400 tons for the French plants) can be used
Plan: 1 reactor (No description on its
outputs)
There are 4 research reactors (IGR,
WWR-K (VVER-K), EWG-1M, RA) +
fast reactor 1(BN-350, it was decided
for decommission in 1999).
In October 2006, “Atomstroyexport
(ASE)”, a company dealing with
engineering, procurement and
construction in Russia, “Techsnabeport
(TENEX)”, a company dealing with
conversion and enrichment, and
“Kazatomprom” of Kazakhstan signed
on a document to establish 3 joint
venture corporations (i.e. uranium
mining joint venture “Akbastau”,
“Uranium Enrichment Center”, and
“Atomnayastancha”). The
“Atomnayastancha (meaning a nuclear
power plant)” is a joint venture
corporation to construct a nuclear
power plant (equal contribution). They
are deliberating the feasibility of
constructing 2 middle-to-small size
plants VBER-300, which is based on
the module marine reactor, near Aktau
in western Mangyshlak. (Source: JAIF)
210
for any purposes by Kazatomptom. Currently they are
planning to sell it to the nuclear emerging countries in
Asia. (Source: WNA)
South Korea (No data) (No data) (No data. Based on the Korean
Peninsula Non-Nuclear Weapon
Declaration, it was declared that the
country would not possess enrichment
and reprocessing facilities)
CANDU Fuel Fabrication Plant (PHWR、400 t HM/y)
DUPIC Fuel Dev. Fac. (DFDF、 Laboratory 0.2t
HM/y)
PWR Fuel Fabrication Plant Fuel (PWR、400t HM/y)
Operation: 20 reactors (17.716 million
kW)
Construction: 6 reactors (6.80 million
kW)
Plan: 2 reactors (2.80 million kW)
Mongolia (No data)
According to the red-book by OECD/NEA, Mongolia has about 49,000 tU (reasonably assured resources) +
inferred resources. After 2008, Russia and China had been trying to influence over the uranium resources of
Mongolia.
In 1995, uranium production on the Dornod uranium deposit in Mongolia began with assistance from Russia. In
August 2009, a joint venture corporation with Russia should be established, and uranium development began. An
affiliate of China National Nuclear Corporation (CNNC) signed on an agreement with Mongolia in 2007 for
uranium exploration and bought Western Prospector Company – uranium right to mine.
Areva took a right to mine. They did mining test (in site leaching uranium recovery) successfully.
(No data) No reactor for commercial purposes
Viet Nam (No data) (No data) (No data) (No data) There is only Dalat research reactor.
There is no reactor for commercial
purposes.
Plan: Out of 4 reactors (4 million kW),
the first 2 reactors should be contracted
with Russia. Japan is planning to have
orders for the other 2 reactors. The
former reactors should be either
VVER-1000 or 1200, for which Russia
would provide financial assistance.
Throughout the reactor life, Russia
should provide the fuel. Russia should
also take back the spent fuel. (Source:
JAIF)
Thailand (No data) (No data) (No data) (No data) There is only a research reactor. There
is no reactor for commercial purposes.
In the Thailand Power Development
Plan 2007-21 (PDP, Revised in 2007
and 2009), it is described that nuclear
power plants at the level of 1 million
kW should be established in 2020 and
2021 (same as above).
Indonesia (No data) (No data) (No data) Experimental Fuel Element Facility Fuel Fabrication
(Research Reactors、No description of facility size
provided)
RR Fuel Element Production Installation (IFEBRR、Pilot plant No description of facility size provided)
There are only 3 research reactors and
no reactor for commercial purposes.
The country is planning to construct 4
reactors (total of 4 million kW) on the
Muria Peninsula in the center of Java
Island. The construction of the first
began in 2010 and the second in
2011.The construction of the third and
fourth should begin after the
completion of the first and second
reactors. It is aimed that the operation
of the first should begin by 2016, the
second by 2017 and the third and forth
by 2025. In 2007, the Feasibility Study Minutes Concerning 2 Reactors was
signed between Thailand and South
211
Korea (same as above).
Malaysia
(No data) (No data) (No data) (No data) There is only a research reactor and no
reactors for commercial purposes.
Aiming at beginning operation of the
first reactor in 2021, Malaysia is
deliberating the introduction of
GEN-III or GEN-III + reactor with the
latest technology as well as the
selection of a corporation that enables
technology transfer for Malaysia to
establish independent technology.
Philippines (No data) (No data) (No data) (No data) There are Philippines research reactor
and Bataon reactor. The construction of
the latter is completed but is abundant
without fuel being loaded.
The National Energy Plan of 2008
mentioned the need for a nuclear
reactor of 0.6 million kW (operation in
2025)
Taiwan91
(Imported from the USA,
France, South Africa,
Canada, Australia, and
Namibia)
(They are procured from 3
suppliers from the West based on
long-term contracts.)
(Long-term contracts with 2
companies from Europe and the
USA. For safeguards purpose, the
uranium from Canada and
Australia must be enriched by the
USA.)
(Long-term contracts with 3 companies at both
BWR and PWR reactors).
Operation: 6 reactors (5.144 million
kW)
Construction: 2 reactors (2.70 million
kW)
Brazil INB - Caetite Mining &
Ore Plant:340 t U/year)
(No data) Aerospace Technical Center:(No
description of facility size
provided.)
RF Enrichment (Pilot plant):
4 MTSWU/year (Hereafter, the
same unit)
BRN Enrichment (Experimental
size):5
INB - Resende Enrichment Plant
(Test run):120
BRQ Pellet Production Fuel Fabrication (U Pellet-Pin、Laboratory 2.55t HM/y)
BRTG Fuel Fabrication Fuel Fabrication (U
Pellet-Pin、Laboratory 21 (Elements/year)
Brazil INB - FCN Resende - Unit 1 Fuel Fabrication
(U Assembly、240t HM/y)
IPEN - Fuel Element Fabrication Plant for Research
Reactors Fuel Fabrication (Pilot plant、10 (Elements/y)
Operation: 2 reactors (2.007 million
kW)
Plan: 1 reactor (1.35 million kW)
Argentina (No data) Cordoba Conversion Facility
(Conversion to UO2 ):175 t
HM/year (Hereafter, the same unit)
Pilcaniyeu Conversion Facility
(Conversion to UF6 ) :62
Pilcaniyeu Enrichment Facility (Pilot
plant): 20 MTSWU/year
Ezeiza - Nuclear Fuel Manufacture Plant Fuel Fabrication
(U Assembly、PHWR、270t HM/y)
Operation: 2 reactors (1.005 million
kW)
Plan: 1 reactor (0.745 million kW)
Israel (No data) (No data) (No data) (No data) Plan: 1 reactor (0.664 million kW)
Iran92
There is a uranium mining
and refining facility in
Saghand and a yellow cake
manufacturing facility in
Ardakan.
There is a conversion facility in Esfahan. There is an enrichment facility in
Natanz.
There is a fuel production facility in Esfahan. Construction: 1 reactor (1 million kW)
Plan: 1 reactor (0.36 million kW)
91
Except for nuclear reactors, information is obtained from the University of Tokyo – UKM International Conference materials 92
Except for the nuclear reactors, information is obtained from NTI
212
Pakistan
BC-1(Pilot plant):
30 t U/year (Hereafter,
the same unit)
Issa Khel / Kubul
Kel(Pilot plant):
Islamabad (Conversion to UO2 ):
(No description of facility size)
Kahuta: 5 (MTSWU/year) Chashma Fuel Fabrication (U Assembly、PHWR: 20 t
HM/year
Operation: 2 reactors (0.462 million
kW)
Construction: 1 reactor (0.325 million
kW)
EU,
excluding
UK and
France, and
others
Czech:400 t U/year
Rumania:410 t U/year
Ukraine:1,000 t U/year
Uzbekistan:3,000 t U/year
Gruanu (Germany, URENCO, 1,800
tU/year)
Almelo (Netherland, URENCO,
4,500tU/year)
Belgium: FBFC International - LWR Fuel Fabrication
Plant (U Assembly, UOX-PWR,BWR): 500 t HM/y
Germany: Advanced Nuclear Fuels GmbH Lingen
Plant (U Assembly, LWR): 650 t HM/y
Spain :Fabrica de combustible (U Assembly, LWR):
400 t HM/y
Sweden: Westinghouse Electric Sweden AB (U
Assembly, LWR): 600 t HM/y
Germany: 17 reactors (21.507 million
kW)
Sweden: 10 reactors (9.384 million
kW)
Spain: 8 reactors (7.727 million kW)
Belgium: 7 reactors (6.201 million kW)
Czech: Operation: 6 reactors (3.93
million kW), Plan: 2 reactors (2 million
kW)
Switzerland: 5 reactors (3.405 million
kW)
Finland: Operation: 4 reactors (2.80
million kW), Construction: 1 reactor
(1.72 million kW)
Netherland: 1 reactor (0.51 million kW)
213
Appendix 2 Nuclear power situation of each state at backend
As of February 2011
Spent fuel storage Reprocessing Spent fuel/radioactive waste processing/disposal Nuclear fuel cycle policy Legal system, etc.
Russia Under operation
Kursk NPP Site: 2000t HM
Leningrad NPP Site: 4,000t HM
Novovoronezh NPP Site: 400t HM
RT-1, Mayak, Reprocessing Plant
Site: 560t HM
RT-2, Krasnoyarsk, Reprocessing
Plant Site : 8,6000t HM
Smolensk NPP Site : 2,000t HM
Plan
Mining and Chemical Complex Site,
Stage I: 8,130t HM
RT-1, Combined Mayak
Spent Fuel Reprocessing
(400t HM/year)
RIAR (Research Institute
of Atomic Reactors、
Pilot plant):1 t HM/year
The study on high level waste disposal sites is carried out in 5
locations in the Kola Peninsula, Novaya Zemlya Islands,
Chelyabinsk, Krasnoyarsk, and Far East (as of 2004. Source:
ATOMICA).
Because Russia prohibited the interim storage of radioactive
waste and substances generated overseas as well as bringing in
radioactive waste from overseas for final disposal through its
1992 Environmental Protection Act Article 50, the storage of
such items in Russia had been limited for reprocessing of spent
fuel generated within Russia. However, in order to obtain
foreign currency, the following 3 laws were discussed at the
Parliament: 1) revision of the above Act to include an exemption
case, 2) revision of the Nuclear Power Act to only allow the
contracts compliant with the Civil Code to export/import as well
as accept interim storage and reprocessing of spent fuel from
overseas, including leasing, and 3) establishment of the Special
Ecological Environmental Plan Act that determines the use of
foreign currency that can be obtained from the international
trade of spent fuel for environmental protection actions and
establishment of fuel cycle related infrastructure in Russia. The
laws were signed by the President and were enacted in July
2001.
Russia is aiming at the closed cycle using
fast reactor. However, currently, the spent
fuel from RBMK and VVER-1000 reactors
is stored but not reprocessed. Russia is
planning to construct a spent fuel storage
facility which allows them to store up to
40,000tU until the reprocessing facility
begins to be fully operationalised around
2022.
Russian government approved the concept
of “new generation nuclear reactor
technology between 2010 and 2015 and the
prospective up to 2020”, aiming to move to
the closed-fuel-cycle-based fourth
generation reactor. Their first priority is the
fast reactor. In addition to natrium
cooled-reactor, they are also planning to
develop/construct lead and lead-bismuth
cooled-reactor.
<Radioactive waste related
>
Environmental Protection
Act
China LanZhou Centralized Wet Storage
Facility (CWSF): 500t HM
Lanzhou (RPP) 0.1 t
HM/year
Selection of a disposal site should be completed in 2020. China
is aiming to begin the geological disposal research facility
from 2020 and the disposal from 2050.
The high-level radioactive waste should be intensively disposed
via geological disposal (People’s Republic of China Radiation
Pollution Prevention Act of October 2003). In February 2006,
the “Research Development Plan Guideline for Geological
Disposal of High-level Radioactive Waste” was announced. In
the Guideline, it is clearly stated that a disposal site should be
constructed by mid-Century. To achieve this objective, China is
planning to organize various regulatory systems, select a site,
construct and test geological disposal research facility, and carry
out safety evaluation of the geological disposal method.
China is aiming to materialize the closed
nuclear fuel cycle using fast reactors.
By 2020, 70 light-water reactors (LWRs)
should be operationalised and 30 LWRs
should be constructed. After 2020, Gen-3
PWR (CAP1400) should be the
mainstream. As for the heavy-water
reactors (HWRs), CERF (20MWe) should
reach critical in September 2010. CDFR
(800MWe) should be constructed by 2020
and FBR commercial reactor by 2035.
<Radioactive waste>
People’s Republic of
China Radiation Pollution
Prevention Act (2003)
“Research Development
Plan Guideline for
Geological Disposal of
High-level Radioactive
Waste” (Feb. 2006)
USA Currently under operation for
commercial purpose: 36 facilities, total
of 9,869.4 t HM
Currently waiting for license: 1 facility
(Private Fuel Storage LLC)、40,000 t
HM
Postponed: 1 facility (Owl Creek NPP
Site)、40,000 t HM
Only Los Alamos Plutonium
Facility Spent Fuel
Reprocessing is registered at
the Integrated Nuclear Fuel
Cycle Information Systems
(INFCIS) as currently under
operation. However, the
facility size is 0t MH/year.
Currently the spent fuel is not reprocessed but stored within the
power generating plant site
Based on the recommendation concerning the site from
Secretary to the DOE to the President, the President
recommended Yucca Mountain (YM) as a site to the Congress in
February 2002. Although Nevada State submitted a disapproving
notification to the Congress, it was overturned and the resolution
to approve YM as a site was approved in July 2002. Later, the
DOE submitted to application to the Nuclear Regulatory
Commission (NRC) for their approval of site in June 2008, and
the review process began. However, in March 2010, the DOE
submitted an application to the NRC to withdraw the previous
submission for approval based on the decision of the new
Administration, born in 2009, to cancel the YM plan. The NRC
is currently reviewing the submission for the cancellation.
In order to identify a replacement of the YM plan, the Blue
Ribbon Commission was established and back end replacement plan is being examined.
Since the 1970s, there had been no
construction of a new nuclear power plant.
However, after 30 years of interval, the
construction of a new nuclear power plant
should begin.
<nuclear energy in general
>
Atomic Energy Act
Nuclear Non-proliferation
Act
<Radioactive waste>
Radioactive Waste Policy
Act in 1982
214
France La Hague - C:4,800t HM
La Hague - D:4,600t HM
La Hague - E:6,200t HM
La Hague - HAO:400t HM
La Hague - NPH:2,000 t HM
La Hague - UP2-800:1,000t HM/y
La Hague - UP3: 1,000t
HM/y
The policy is to reprocess spent fuel.
It is stipulated in the “Plan Act Concerning Sustainable
Management of Radioactive Waste and Radioactive Substance
(Radioactive Waste, etc. Management Plan Act)” established in
June 2006 that the high-level and long-life middle-level
radioactive wastes shall be disposed deep in underground. The
Act also regulates that the application for the approval of the
disposal site shall be submitted by 2015 and the operation of the
site shall begin in 2025. The Act was determined based on the
study results and the evaluation of 3 fields (i.e. nuclide
separation/conversion, geological disposal, long-term
aboveground storage) in order to examine management methods
of high level and long-term middle level radioactive waste under
the Radioactive Waste Management Study Act of 1991.
In March 1974, France announced its
policy as “all new power source
development should be done by nuclear
power plants in the future”. They export
the power generated through nuclear power
plants to its neighboring countries. They
have fuel cycle facilities that cover from
front end to back end within the country.
The spent fuel is reprocessed. The glassy
solid, a vitrified form of high level
radioactive waste liquid generated from
reprocessing as well as the other long-life
middle level radioactive waste are handled
by plastic geological disposal.
<Radioactive waste>
“Radioactive Waste
Management Study Law,
Radioactive Waste
Management Study Act”
in 1991
“Plan Act Concerning
Sustainable Management
of Radioactive Waste and
Radioactive Substance”
(Radioactive Waste, etc.
Management Plan Act)
established in June 2006
UK NDA Sellafield B27 Pond:2,300t HM
NDA Sellafield Fuel Handling Plant:2,700t HM
NDA Sellafield Pond 4:1,500t HM
NDA Thorp RT and ST-1,2:3,800t HM
NDA Wylfa NPP Site:700t HM
NDA B205 Magnox :
1,500t HM/y
NDA Thorp : 900t HM/y
The high level radioactive wastes are stored in the Sellafield
reprocessing factory in the form of glassy solid.
As for the spent fuel management policy, “as long as needed
regulatory requirements are met, the owner of the spent fuel may
determine whether the spent fuel is reprocessed or not.” All
spent fuel generated from the Gas Cooled Reactor (GCR) is
reprocessed due to safety reasons. However, for about half of the
spent fuel generated from the Advanced Gas-cooled Reactor
(AGR) and for the spent fuel generated from the Pressurized
Water Reactor (PWR), the contracts for reprocessing have not
been made so far.
As for the management of the high-level radioactive waste, in
response to the advice from the CoRWM, an advisory council,
the government established a radioactive waste management
policy that includes both geological disposal and interim storage
in October 2006. Based on the results of the public deliberation
concerning the procedure for site selection plan development for
the geological disposal, the government published a white paper
called “Managing Radioactive Waste Safely- A Framework for
Implementing Geological Disposal” in June 2008. The paper
contains 6 steps of the site selection process. The government
began soliciting local governments that wish to participate in the
discussion with the government concerning the disposal site in
the future, as a first step of the site selection process as described
in the White Paper. So far, 1 state and 2 cities expressed their
willingness, and the initial screening of the second step is being
carried out.
After the Chernobyl disaster in 1986, the
government had been negative about
nuclear power. However, they changed the
policy and decided to build a new nuclear
power reactor. Although the Labor Party
lost at the Lower House election in 2010, it
is expected that the nuclear power plant
construction policy should still continue.
However, it is agreed that no public
subsidization should be provided to the
construction of the new power plant. There
is also an issue to set the price for the
carbon dioxide emissions trading. Thus, the
future prospect is unclear.
<Radioactive waste>
There are no laws and
regulations that directly
regulate disposal plan of
high level radioactive
waste.
There are also no laws
and regulations that
directly regulate the
implementation scheme
of high-level radioactive
waste disposal. However,
in response to the advice
from the Committee on
Radioactive Waste
Management (CoRWM),
the government stated in
their announcement in
October 2006 that they
would give responsibility
to the Nuclear
Decommissioning
Authority (NDA) for the
planning and
implementation of
geological disposal.
Japan Fukushima Daiichi: 408t HM
(Cask-Bund.)
Fukushima Daiichi: 6,840t HM
(Cask-Bund.)
Rokkasho: 3,000t HM
Tokai Daini: 915 (Cask-Bund.)
(Interim storage facility: Mutsu-city,
Aomori. The operation should begin
in July 2012. The capacity is planned
to be approximately 5,000tU.
Information from Mutsu-city Home
Page)
Under construction:JNFL:
800tHM/y
The policy is to reprocess spent fuel.
The policy is to carry out geological disposal for high-level
radioactive waste.
The radioactive waste should be processed as high-level vitrified
radwaste. More than 40,000 radwastes should be disposed of
over 300 meters under the ground. As of now, the site and rock
type are not specified yet. The NUMO is soliciting candidate
sites for the study. They should select a study site from the sites
that express their willingness to be the test site. The disposal
should begin from the late 2030s.
The spent fuel is reprocessed, and the
recovered plutonium and uranium are used.
The nuclear fuel cycle including fast reactors
is promoted.
<Nuclear energy in general
>
Atomic Energy Basic
Law
The Law for the
Regulations
of Nuclear Source
Material, Nuclear Fuel
Material and Reactors
<Radioactive waste related
>
The handling of radioactive waste is regulated by the
Atomic Energy Basic Law
215
India Rajasthan NPP Site: 570t HM
Tarapur (AFR) : 275t HM
Tarapur NPP: 20t HM
Coral is registered but the
capacity is 0 (t HM/year)
The following
reprocessing facilities
were constructed or are
under operation or under
construction with the
country’s own technology
(Source: JAIF).。
The deep geological disposal is being studied. There is a Waste
Isolation Plant (WIP) in Kurapool to handle high-level radioactive
waste. The Plant was successful in solidifying the waste generated
from PREFERE in 1999.
The policy is directed towards the
HWR-plutonium fast reactors.
All processes including production of
uranium and thorium resources, fuel
forming, reprocessing, and waste disposal
are carried out within the country.
Trombay Reprocessing Plant: Reprocessing capacity: 50? t/year. India
carried out a nuclear test in 1974 using the plutonium generated from
this reprocessing facility. Plutonium seems to be used for military
purposes. This facility is not a subject of the IAEA safeguards.
Tarapur Reprocessing Plant (PREFERE): Reprocessing capacity: 100
to 150 t/year. PUREX method.
Kalpakkam Reprocessing Plant (KARP): Reprocessing capacity: 100
to 125 t/year. PUREX method.
Fast reactors fuel reprocessing plant (FRFRP): The plant is currently
under construction. The reprocessing capacity, etc. is unknown.
Australia (No data) (No data) The radioactive wastes are currently stored in over 100 facilities
including universities, hospitals, offices, research institutes, etc.
In addition to these wastes, the radioactive wastes which should
be reprocessed in UK and France between 2015 and 2016 should
be returned to Australia. There is a need to build a storage
facility to store all of these wastes.
In 2010, the Commonwealth Government abrogated the
“Commonwealth Radioactive Waste Management (Related
Amendment) Bill 2006” and submitted the “National
Radioactive Waste Management Bill 2010” to the Lower House.
The purpose of this Bill is to take away from the Government
the right to select construction sites for radioactive wastes
management facilities for the use of medicine, industry and
research. Currently, 3 sites in Northern territory are chosen as
the candidates for the radioactive waste management facilities.
Australia is the only developed country that
does not use nuclear power as energy source.
This is because the country is abound in coals
and can use them inexpensively.
<Radioactive waste related
>
Commonwealth
Radioactive Waste
Management Bill 2005
National Radioactive
Waste Management Bill
2010
The construction of
nuclear power facilities,
etc. is prohibited in the
following states:
Victoria:
Construction and
operation of nuclear
reactors are
prohibited.
New South Wales:
Construction and
operation of nuclear
reactors are
prohibited.
West Australia:
Construction of
nuclear waste
storage facilities
within the state is
prohibited. Use of
sites for nuclear
waste storage and
processing within
the state is
prohibited.
South Australia:
216
Construction and
operation of nuclear
waste facilities
within the state is
prohibited.
Queensland:
Nuclear facilities
except for uranium
mining are
prohibited. Canada Douglas Point NPP Site:0t HM
Gentilly 1 NPP Site:0t HM
Gentilly 2 NPP Site:0 t HM
NPD Spent Fuel Storage:75t HM
Point Lepreau NPP Site:0t HM
Whiteshell Laboratories:0t HM
(No data) The policy for spent fuel is the direct geological disposal,
instead of reprocessing,
Nuclear Fuel Waste Act was established in 2002, and the
Nuclear Waste Management Organization (NWMO) as an
executing body of disposing high-level radioactive waste was
established. The NWMO examined the long-term management
approach of spent fuel, and, in 2005, submitted a proposal called
the “Adaptive Phased Management (ADP)” to the Government
of Canada. The ADP proposes the storage for the time being
and, ultimately, geological disposal. The proposal was adapted
in June 2007. In May 2010, the NWMO announced the final
version of the site selection plan and began site selection which
is composed of the total of 9 processes.
<Radioactive waste>
Act Respecting the
Long-term Management
of Nuclear Fuel Waste (Nucl
ear Fuel Waste Act, enacted
in November 2002).
Kazakhstan (No data) (No data) Decommissioning of BN-350 is on-going. 1,000 tons of spent
fuel including activated sodium is being stored on the site.
Furthermore, at the Semipalatinsk Test Site where nuclear tests
were carried out for 470 times, the residues from the test are still
stored, and the damage to environment is of concern.
The government is considering establishing law concerning
storage and disposal system of radioactive waste (Source:
WNA).
The long-term strategies of nuclear power are
1) to be the largest natural uranium production
country in the world, 2) to aim at the
integrated added value creation structure from
front end to back end, 3) to strengthen
collaboration with overseas key partners
(creation of a consortium, acquisition of
stocks of the partners, etc.). Specifically, the
government is aiming to secure the share of
30% of uranium prospecting, 12% of
conversion, 6% of enrichment, and 30% of
fuel production.
<Nuclear power in general
>
Republic of Kazakhstan
Act No. 93 concerning
nuclear power use as of
Apr. 14, 1997 (Nuclear
Power Use Act)
Republic of Kazakhstan
Act No. 214 concerning
licensing as of Jan. 11,
2007
Republic of Kazakhstan
Act No. 300 concerning
export management as of
Jul. 21, 2007
<Radioactive waste>
The government is
considering the
establishment of a law
concerning radioactive
waste storage and
disposal system
South
Korea Wolsong Dry Storage:6,250 t HM
(No data) The spent fuel is managed at interim storage facilities until the
government decides whether to opt for reprocessing or direct
disposal reprocess in the future.
Currently, the spent fuel generated from nuclear power plants is
stored at each plant site.
Future plan of nuclear reactors: 32 reactors
to be operational by 2022 and 40 reactors
by 2030.
As for the spent fuel, the storage capacity
within a nuclear power plant can be filled
at earliest 2016, while the site selection for
interim storage facilities is faced with
difficulties. Due to this situation,
reprocessing approach is also emerging.
South Korea is promoting the development
Nuclear Power Act
Radioactive Waste
Management Act
217
of dry-reprocessing technology. It is also
reported that the government is planning to
demand for domestic reprocessing at the
time of revising USA-South Korea Nuclear
Power Collaboration Agreement in 2014.
(Source: World Nuclear Power Plant 2010)
Mongolia (No data) (No data) <Future nuclear power introduction plan>
The government is intending to refine uranium ore, make uranium concentrate (yellow cake) and export it in the
future, instead of exporting uranium as raw material.
The purpose of the “Mongolia Nuclear Initiative (MNI)” is to enhance role of Mongolia in the development
process of nuclear power. This is to contribute to the global scale nuclear power development by adapting
high-level knowledge and technology through international collaboration and regional collaboration, using the
uranium resources of Mongolia as a lever. The essence of the MNI may include contribution of Mongolia as a fuel
producer, taking back spent fuel, “from cradle to grave” approach, and hosting a multilateral facility. (Source: The
University of Tokyo – UKM International Conference material)
Nuclear Energy Law (2009):
It regulates uranium
exploration, development
and mining and grants the
government the status of
uranium benefits and
ownership as well as
uranium resource
management.
Viet Nam (No data) (No data) <Future nuclear power introduction plan>
The government is aiming to begin construction of the first reactor in 2014 and its operation in 2020.
In 2 sites within Ninh Thuan Province, 2 nuclear reactors per site should be constructed. The output of each site is
approximately 2 million kW, and the total is 4 million kW. The former 2 reactors are under the contract with
Rosatom, Russia. For the latter 2 reactors, on Oct. 31, 2010, then-Prime Minister of Japan, Naoto Kan, and Prime
Minister of Viet Nam, Dung, had a talk and agreed that Japan would receive the order for the contraction of the 2
reactors from Viet Nam.
Nuclear Energy Act
Thailand (No data) (No data) <Future nuclear power introduction plan>
The government aims to begin operating the reactors of the total of 2,000 MW by 2021 (1,000 MW x 1 reactor in
2020, 1,000 MW x 1 reactor in 2021)However, as of now (March 2010), no political decision had been made
concerning introduction of nuclear power generation, and political instability is on-going. Thus, the prospect of
nuclear power plant plan is still unclear.
The Atomic Energy for
Peace Act should be
reviewed including
Articles concerning
Additional Protocol,
approval process and
security.
A comprehensive nuclear
power regulation is being
drafted.
Indonesia (No data) (No data) <Future nuclear power introduction plan>
The government is aiming to begin operating the first PWR equivalent of 600 to 1,000 MW in 2016 -2017 and
begin operating all 4 reactors by 2025.
The Government Regulation No. 27/2002 prohibits spent fuel reprocessing. It stipulates that the spent fuel shall
be tentatively stored during the life of a reactor, and after the tentative storage period, the spent fuel shall be
disposed of or handed over to BATAN to be returned to the generating country.
Nuclear Power Act,
Radioactive Waste
Management Act, Nuclear
Materials Export Safety
Act, etc.
Article 24 of Nuclear
Power Act No.10/1997
stipulates that the
high-level radioactive
waste shall be tentatively
stored at least during the
life of a reactor.
Malaysia (No data) (No data) <Future nuclear power introduction plan>
The first nuclear power plant in Malaysia is planned to be operationalised in 2021.
As for the radioactive waste
management, the new
regulations are at the final
drafting stage.
Philippines (No data) (No data) <Future nuclear power introduction plan>
Sign of the re-operation of nuclear power
The government positions nuclear power as a long-term energy option for power generation. KEPCO carried out a
feasibility study to explore the possibility of restoration of nuclear power in the Philippines. The study results
were submitted in 2009.
Republic Act 2067
Taiwan All spent fuels should be stored in the nuclear reactor pool.
The capacity of the pool as of March 2011 is
(No data) The spent fuel is directly disposed The Taiwan Power Company has been investigating the final
disposal method of the spent fuel since 1986.
<Radioactive waste related> Radioactive Wastes and
Material Administration A
218
20,528 tons. (Meanwhile, the already stored
amount of spent fuel is 15,278 tons. The
occupancy rates of the spent fuel storage pools
of 2 nuclear reactors at the Chinsan nuclear
power plant exceed 85%.)
Currently, the construction projects of
dry-storage facilities at Chinsan Nuclear Power
Plant and Kousheng Power Plant are on-going.
ct、
LLW Final Disposal
Siting Act
Basic Environment Act
(December 11, 2002)
Singapore (No data) (No data) The government is intending to
collaborate with other ASEAN countries
(particularly, Malaysia) that are going to
introduce nuclear reactors, instead of
introducing the reactors in Singapore.
Brazil The spent fuel is stored at the Angra Nuclear
Power Plant. The decision of reprocessing or
direct disposal is still pending. (Source: WNA)
(No data) The government is intending to
self-supply enriched uranium for their
own power generation plants. As for
reprocessing, the government’s decision
is pending.
Argentine Atucha SF Storage Facility: 986 t HM
Embalse SF Storage Facility: 2,000 t HM (No data. The pilot
plant (5t HM/y) in
Ezeiza has been
postponed.)
HWR is used with natural uranium fuel.
Although the scale is small, the country
possesses conversion, enrichment, fuel
production and heavy water production
facilities.
The country possesses an enrichment
facility in order to retain enrichment right
as well as to provide enrichment services in
the future.
Israel (No data) There is a
reprocessing
facility in
Dimona.
Currently, there is no nuclear power program
for commercial use. Although the country
mentioned its intention to have plant
collaboration with Jordan in 2010, there has
been no response.
Pakistan The spent fuel is stored in each power plant’s
pool. A long-term dry-storage is proposed.
(Source: WNA)
80 km away from
Chashuma, there
is a reprocessing
factory for
military purpose.
It is also reported
that the second
reprocessing
factory is under
construction.
The government
has not yet
decided whether
they begin
reprocessing for
commercial use
in the future or
not.
There is a proposal to establish the Nuclear Waste Fund (NWF)
and construct radioactive waste management centers in Karachi
and Chashuma. (Source: WNA)
It is still an open question whether the spent fuel should be
reprocessed or not.
The current nuclear power program is
small, but the country is planning to
expand it significantly.
In response to the IAEA safeguards, the
Pakistan Nuclear Power Committee
announced in 2006 that they were
preparing for establishing the Pakistan
Nuclear Fuel Complex that includes
conversion for commercial use,
enrichment, and fuel manufacturing plant.
These facilities are completely separated
from the existing facilities. However, the
country cannot obtain necessary uranium
due NSG Guidelines, and there has been no
program on the said-Complex.
EU,
excluding
UK and France,
and others
Germany: Under operation: 16 sites, total 22,681t HM
Belgium: Under operation: 2 sites, total 3,860t HM
Bulgaria: Under operation: 1 site, total 600t HM Czech: Under operation: 2 sites, total 1,940t HM
Finland: Under operation: 3 sites, total 1,742t HM
Finland: The spent fuel is handled via direct disposal. At the end of 2000, the government decided to construct a
geological disposal site in Olkiluoto. From 2004, the construction of the Underground Characterization and
Investigation Facility (ONKALO) began for a detailed study in Olkiluoto. According to the plan, the application for the approval of the disposal site construction should be submitted in 2012 and the operation of the disposal
site should begin in 2020 (The application states that the maximum disposal amount should be 12,000t).
219
Hungary: Under operation: 1 site, total 850t HM
Lithuania: Under operation: 1 site, total 98 Cask-Bund.
Rumania: Under operation: 1 site, total 36,000 (Bundle/year)
Slovakia: Under operation: 1 site, total 1,690t HM
Spain: Under operation: 1 site, total 1,680 Cask-Bund.
Sweden: Under operation: 1 site, total 8,000t HM
Switzerland: Under operation: 1 site, total 2,500t HM
Ukraine: Under operation: 2 sites, 2,518t HM + 9120 Cask-Bund
Sweden: The spent fuel is handled via direct disposal. The government selected Forsmark in Est Hanmal
municipality as the disposal site. SKB is planning to apply for the approval of siting and constructing the disposal
facility in March 2011.
Germany: The high-level radioactive waste and spent fuel are handled via geological disposal in the salt dome.
Based on the policy to dispose high-level radioactive waste via geological disposal method in the salt dome in
Gorleben, exploration had been carried out since the1970s. The exploration was temporary frozen since 2000.
However, the center-right alliance, which was established as a result of the general election in the fall of 2003,
presented a policy to remove the freeze of exploration. Currently, preparation is on-going for resuming the
exploration on the Gorleben site.
Switzerland: Since 2001, the government has been intensively using interim storage in Zwilag to store the
high-level radioactive. Since 1983, the Grimsel Test Site has been carrying out high-level radioactive waste
disposal research.
Belgium: There is an intensive storage facility in Dessel. The government is aiming to begin construction of a
disposal site from around 2035.
Spain: The government is aiming to begin intensive interim storage in Trillo. The decision of the geological
disposal research should be done after 2010.
Sources/references: IAEA INFCIS Database, World Nuclear Power Plants 2010, Home Pages of Radioactive Waste Management Funding and Research Center (RWMC), World Nuclear Association (WNA), ATOMICA, Atomic Energy
Commission, Japan Atomic Industrial Forum, etc.
220
Source: World Nuclear Association, http://www.wna.org
Appendix 3 Global Uranium Production Capacity Appendix 4 Global Uranium-Conversion Capacity
Appendix 5 Global Uranium Enrichment Capacity Appendix 6 Global Uranium Fuel Production Capacity
Source: World Nuclear Association,
http://www.wna.org
Source: http://www.wise-uranium.org Source: http://www.wise-uranium.org