Final Approval for ASN-IRSN Merger: Parliament Passes New Nuclear Safety Governance Law
Over a year after its initiation by the government, the bill related to nuclear safety has been definitively adopted by a large majority of the National Assembly and Senate members. It marks a closer integration of the ASN (Nuclear Safety Authority) and the IRSN (Institute for Radioprotection and Nuclear Safety) to streamline efforts for the upcoming construction of 6 to 14 EPR2 reactors in France.
After a highly debated parliamentary shuttle, the merger project of the ASN with the IRSN was definitively adopted on Tuesday, April 9.
✅ Adoption du projet de loi relatif à l’organisation de la gouvernance de la sûreté nucléaire et de la radioprotection pour répondre au défi de la relance de la filière nucléaire, compte tenu du texte de la commission mixte paritaire.
🔎 https://t.co/wseh6AXewR #DirectAN pic.twitter.com/L2MmAYCpMA— Assemblée nationale (@AssembleeNat) April 9, 2024
Initiated during the Nuclear Policy Council (CPN) in February 2023, this reform initially took the form of two amendments within the bill related to the acceleration of new nuclear facilities. Lawmakers had initially rejected this approach, preferring first to seek the opinion of the Parliamentary Office for the Evaluation of Scientific and Technological Choices (Opecst). In its report, the Office confirmed the value of the reform and recommended merging the human and financial resources of the ASN with those of the IRSN.
The now-adopted text includes:
1- A new independent authority.
The merger of the ASN and the IRSN is at the heart of the reform. This new entity, responsible for the oversight of civil nuclear safety and radioprotection, will be an independent administrative authority (AAI). The majority of the missions and employees of the IRSN (about 1,600) will be transferred to the ASN, which will become the Authority of Nuclear Safety and Radioprotection (ASNR).
2- A guaranteed distinction between expertise and decision-making.
The text distinguishes between staff responsible for expertise and those responsible for decision-making in the same field. However, it gives the ASNR some organisational flexibility and refers to several prerogatives in its internal regulations to facilitate its operation.
3- Reaffirmed transparency of expertise results.
The publication of expertise results will occur at the time of decision-making. However, national legislators have added an exception for extended procedures, where expertise results will be progressively disclosed. The goal of this amendment is to encourage and broaden public participation opportunities.
4- Guarantees of scientific integrity.
A new scientific council will be created within the Authority of Nuclear Safety and Radioprotection (ASNR) to support the new entity in research. Specific provisions are also made to prevent conflicts of interest, such as the creation of an ethics and deontology commission.
Beyond the merger, the text includes other provisions, such as the sanctification in the law of the role of the High Commissioner for Atomic Energy, whose functions were modified by the decree of December 30, 2023 (Decree No. 2023-1383). Additionally, the Joint Parliamentary Committee adopted an amendment that provides for the hearing of the chairman of the board of Orano. This hearing will take place before the relevant standing committees of both parliamentary chambers in accordance with Article 13 of the Constitution.
On to the Constitutional Council
Despite its definitive adoption, one last step remains. Members of the Nupes have expressed their intention to submit the text to the Constitutional Council to verify its compliance with the Constitution. ■