Nuclear Regulatory
Infrastructure
in
Malaysia
NUCLEAR ENERGY REGULATORY
POLICY IN MALAYSIA
Department of Atomic Energy Licensing Board
Ministry of Science, Technology and Innovation (MOSTI)
MALAYSIA
Safe, Secure and Safeguarded
OUTLINE OF PRESENTATION












Introduction of AELB
Act and Regulations
Function of AELB
NPP Planning
Current Licensing of Nuclear Material and Nuclear Installation
Legislation Development Towards Supporting NPP
Supervision of NPP: Inter-agency Involvement
Treaties, Convention and Agreement
Resources: Staffing
Human Resource Development Program
Infrastructure: Emergency Response Centre, and Monitoring
Infrastructure
Conclusion
2
http://www.aelb.gov.my
Nuclear Installation.
Div
Policy, Codes &
Standard Div
Licensing
Div
National Radiological
Centre
Source: Google Earth
Enforcement Div & ICT
Centre
Auditorium
ATOMIC ENERGY LICENSING BOARD
3
http://www.aelb.gov.my
AELB, ACT AND REGULATIONS
Atomic Energy
Licensing Act 1984
(Act 304)
Regulatory Body:
• To provide for the
regulation and
control of atomic
energy;
• For the
establishment of
standards on liability
for nuclear damage;
and
• For matters
connected therewith
or related thereto.
• AELB was establish
under Section 3 of the
Act 304.
• Ensuring safety,
security and
safeguarding peaceful
nuclear activities.
Minister of Science,
Technology & Innovation
Ministry of Science,
Technology & Innovation
(General Secretary)
The Board
(5 Members)
Executive
Secretary
Standing
Safety
Committee
Substanding
Safety
Committee
4
Director General
AELB Department
Nuclear
Installation
Division
Policy, Code &
Standard
Division
Technical
Support Division
Licensing
Division
Administrative
Services
Division
Enforcement
Division
http://www.aelb.gov.my
MISSION
VISION
Encouraging innovation culture to
ensure the safe and peaceful uses
of radiation and nuclear
technology
Remaining a relevant regulatory
authority with credibility in radiation
and nuclear safety, security and
safeguarding its peaceful uses for
national sustainable development
BOARD
FUNCTIONS
TO CONTROL AND
SUPERVISION APPLICATION
AND USE OF ATOMIC ENERGY
AND MATTERS
INCIDENTAL THERETO
(AKTA 304)
TO ADVISE MINISTER
AND GOVERNMENT OF
MALAYSIA ON MATTERS
RELATING TO
THIS ACT
TO DO SUCH OTHER
THINGS ARISING OUT OF
OR CONSEQUENTIAL TO
THE FUNCTIONS OF THE
BOARD UNDER THIS ACT
TO PERFORM AN
OBLIGATIONS ARISING
FROM AGREEMENTS,
CONVENTION OR TREATIES
RELATING TO NUCLEAR
MATTERS OR ATOMIC
ENERGY
TO ESTABLISH, MAINTAIN
AND DEVELOP SCIENTIFIC
AND TECHNICAL
CO-OPERATION AT NATIONAL
AND INTERNATIONAL
LEVEL
5
http://www.aelb.gov.my
HIERARCHY OF LEGAL SYSTEM
Act 304
Regulations
• Act: provides the basic law concerning
the development and utilization of
atomic energy and safety regulations.
• Regulations: provides more detailed
provisions entrusted by the Act.
Orders and Conditions
of License
• Provides additional requirement which
not stated in the regulations or special
matters related to provisions entrusted
by the Act
Guidelines, Codes
and Standards
• Provides guides, codes and standards
to comply with and achieve goal
impose in regulations
6
http://www.aelb.gov.my
NPP PLANNING










Cabinet decision on 26 June 2009: Nuclear Energy is an option of energy
source for electricity generation post 2020
Preparation of National Nuclear Regulatory Policy
Strengthening Nuclear Regulatory Authority (AELB)
Development of technical guidelines related to NPP activities
Potential power operator engaged
Triga Mark II Puspati - upgrading project to enhance technical capability
NGOs engagement to support NPP
2 or 3 Universities engaging in Nuclear Engineering and Safety Courses
Sitting planning in the process
Reviewing the international conventions ensuring compliance to peaceful
uses of nuclear energy
http://www.aelb.gov.my
RADIATION PROTECTION (LICENSING) REGULATIONS 1986
LICENSE FOR NUCLEAR MATERIAL
CLASS B - license to manufacture, trade in, produce, process, purchase, own,
possess, use, transfer, handle, sell or store nuclear material
Class B License
Organization
Technical Requirements
- Registered company
- OBTL
- RPO
- Radiation Workers
- Approved Registered
Medical Practitioner
- Nuclear material
- Storage facility
- Radiation detector
- Personal monitoring
- PPE
8
Radiation Safety
- Radiation Protection Program
- Safety Analysis Report (SAR)
Ref: P.U. (A) 149
http://www.aelb.gov.my
RADIATION PROTECTION (LICENSING) REGULATIONS 1986
LICENSE FOR NUCLEAR INSTALATION
CLASS F - license to site, to construct or to operate a nuclear installation
Class F License
Siting and construction
Operation
Temporary
Full
●----------●-------------●--------------●---------------●----------------●
siting
construction commissioning
operation shutdown decommissioning.
9
Ref: P.U. (A) 149
http://www.aelb.gov.my
LEGISLATION DEVELOPMENT TOWARDS SUPPORTING NPP
LEGAL FRAMEWORK
2007
Q1
Q2
Q3
2008
Q4
Amendment of Act 304
Revision of Current
Regulations
Development of New
Regulations
Bilateral Cooperation
Q2
Q3
Q4
Q1
Q2
Q3
2010
Q4
Q1
Q2
Q3
2011
Q4
Q1
Q2
Q3
Q4
Projected Act 200_
Licensing Regulation 1986, Basic Safety Standard Regulation 1988, Transport
Regulation 1989
Waste Management Regulation 2009, Nuclear Installation Licensing 2009,
Safeguard Regulations 2010, Nuclear Security Regulations 2011
Establishment of
Licensing Mechanism of
NPP
Adoption of IAEA
Standards
Q1
2009
Inter-Agency Meeting with relevant Regulatory Authority
(MHLG, EC, DOE, DOSH)
49 documents
related to RR and
NPP
Development of regulatory criteria,
guidelines, standards for regulatory
review of site assessment report
MoU with BAPETEN, Indonesia (2008)
10
Development of regulatory criteria,
guidelines, standards for regulatory
review of design, construction and
operation of NPP
MoU with:
- CNCAN, Romania
- AEA, Hungary
- KINS, Korea
- USA
- UKM
http://www.aelb.gov.my
CURRENT INITIATIVE ON LEGAL INFRASTRUCTURE

A comprehensive Atomic Energy Act is being reviewed (IAEA
Standard) and AELB is discussing with various agencies in
strengthening legal infrastructure of nuclear activities in
Malaysia.

Anticipate to come out with a more comprehensive and effective
act on nuclear activities e.g. CPPNM, AP, export control,
compoundable offences or its criminalization etc.

Adoption of 49 IAEA Standards related to RR and NPP.

Developing more guidance documents for licensee.
11
http://www.aelb.gov.my
LICENSING OF NPP : LEGISLATION MAP
Energy
Commission
Electricity Supply Act
1990
Non-nuclear Island
AELB
Atomic Energy
Licensing Board 1984
Nuclear Island
Application for siting,
construct and operate NPP
for electricity generation
Occupational Safety
and Health Act 1994,
Factory and
Machinery Act 1967,
Petroleum Act 1984
Individual
Certification (e.g.
SHO)/ machine &
equipment,
pressure vessel and
boiler
DOE
Environmental
Quality Act 1974
EIA &
environmental
management plan
MHLG
Town Planning Act
1976
Fire Services Act
1988
DOSH
12
License / Approval
for land use and
Enforcement
http://www.aelb.gov.my
SUPERVISION OF NPP: INTER-AGENCY INVOLVEMENT
AELB
Atomic Energy
Regulatory Aspect
DOSH
ROYAL MALAYSIAN POLICE
Occupational Safety
and Health Aspect
Security Aspect
ENERGY COMMISSION
DOE
Nuclear Energy Policy
Aspect
Environmental
Aspect
NATIONAL SECURITY
COUNCIL
MHLG
Local Authority &
Public Participation
National Coordinator for
Disaster
13
http://www.aelb.gov.my
TREATIES, CONVENTION AND AGREEMENT
Title
In Force
Status
Agreement on the Privileges and Immunities of the IAEA
-
Non-party
Vienna Convention on Civil Liability for Nuclear Damage
-
Non-party
Optional Protocol Concerning the Compulsory Settlement of Disputes
-
Non-party
Convention on the Physical Protection of Nuclear Material
-
Non-party
Amendment to the Convention on the Physical Protection of Nuclear Material
-
Non-party
Convention on Early Notification of a Nuclear Accident
2 October 1987
Signature: 1 September
1987
Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency
2 October 1987
Signature: 1 September
1987
Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention
-
Non-party
Convention on Nuclear Safety
-
Non-party
Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste
Management
-
Non-party
Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage
-
Non-party
Convention on Supplementary Compensation for Nuclear Damage
-
Non-party
Revised Supplementary Agreement Concerning the Provision of Technical Assistance by the IAEA (RSA)
13 February 1981
Signature: 13 February
1981
Third Agreement to Extend the 1987 Regional Cooperative Agreement for Research, Development and
Training Related to Nuclear Science and Technology (RCA)
26 March 2002
Acceptance: 26 March
2002
Application of Safeguards in Connection with the Treaty on Non-Proliferation of Nuclear Weapons (with
Protocol)
29 February 1972
Signature: 29 February
1972
http://www.aelb.gov.my
RESOURCES: CURRENT EXPERTISE AND STAFFING
Bachelor Degree Holder
Mathematic (1) Electrical Engineering
(2) 8%
4%
Chemistry (1) 4%
Environment Science
(1) 4%
Geophysics (1)
4%
Nuclear Science (15)
60%
Physics(4)
16%
Masters Degree Holder
Bioprocess
Engineer (1)
7%
Environmental
Science (4)
29%
Radiochemistry (1)
7%
Medical Phycisc
(3)
21%
Nuclear Science
(5)
36%
http://www.aelb.gov.my
RESOURCES: STAFFING
Position
1984 –
2003
Director General
2003 2007
1
Deputy Director
General
2007 – current
Full
Strength
Occupied
(till Nov.
2009)
On
Application
(2009)
1
1
0
0
0
2
Management
and Professional
Staff
20
51
51
43
46
Technical and
Supporting Staff
41
111
113
103
36
Total
60
163
165
147
84
http://www.aelb.gov.my
HUMAN RESOURCE DEVELOPMENT PROGRAM

Application of Strategic Approach to Training

Development and adoption of a guidance document for
AELB Human Capital Program – LPTA/SPP/10 (14 Mac
2008)

Internal trainings

Certification Program for AELB Assessors and Inspectors.

Includes national policy and strategy on HCD
17
http://www.aelb.gov.my
HUMAN RESOURCE DEVELOPMENT PROGRAM

External trainings – to ensure AELB is up-to date.


Starts with TNA in 2007 and followed by design, development
and implementation in 2008 & 2009. Evaluation Stage will be
in 2010.
“Computer Based Training / Evaluation” – for identified
core competencies (Radiation Protection and Malaysian
Nuclear Law).


10 trainings identified (based on 2007 TNA) planned in 2008
especially on critical knowledge areas.
2 seminar organized in 2008 for knowledge sharing among
AELB officers. This will be an annual event (at least 2
seminars a year).
18
http://www.aelb.gov.my
TNA OUTPUTS AND HRD PROGRAMME

Identification of Competency Standards for all AELB Technical
Officers based on IAEA TecDoc 1254

Identification of Competency Gaps

A Training Master Plan for 2008-2009

Identification of Internal Trainers and Re-engineers

Identification of AELB Required 15 Technical Disciplines and
Resource Persons

Revised Masters/PhD program for all AELB Technical Officers

Draft Development Plans for AELB 5 Job Disciplines
19
http://www.aelb.gov.my
National Emergency
Response Centre
INFRASTRUCTURE FOR
MONITORING OF 3’S’: SAFETY,
SECURITY AND SAFEGUARDS





- Incident
- Accident
- Sabotage
- Illicit trafficking
- Misused
Environmental radiation
monitoring system
Illicit trafficking and border control
20
http://www.aelb.gov.my
WAY FORWARD

Independency of Regulatory Authority:
 Amendment of current Act
 Establishment of new Act
 Ratification and implementation of relevant International
Obligations

Public Confidence and Participation:
 Public participation at the very beginning (outreach
programme)
 Provision under current Act 304 and projected Act 200_
21
http://www.aelb.gov.my
Thank you