The fact that no one knows anymore is that nuclear power plants in Turkey will be a part of our lives in the near future. Although attempts have been made to establish a nuclear power plant at different times since 1970, most of these attempts have been inconclusive. In 2004, the issue of nuclear power plant came to the agenda again and it was decided to build three power plants in total. Work continues for one of these power plants (Akkuyu) and the project phase has been reached for the other two.

1970s…

Nuclear studies in Turkey were started in 1955, right after the 1st Geneva Conference on “The use of atomic energy for peaceful purposes”, simultaneously with many European countries that do not have nuclear technology. In 1961, a 1 MW experimental reactor, used for education and basic research, was put into operation at the Çekmece Nuclear Research and Training Center. The first feasibility studies for the nuclear power plant, which was designed to be built for electricity generation, were started in 1968. In 1972-74, feasibility studies and ground surveys were revised according to changing conditions, Akkuyu location to the west of Silifke was chosen as the first establishment site in 1976, and a ground license was obtained from the Prime Ministry Atomic Energy Commission based on extensive research. An attempt was made and as a result of the evaluation of the proposals, pre-contract negotiations with ASEAATOM and STALLAVAL companies were started in 1977, but on September 12, 1979, the negotiations could not be concluded successfully for various reasons.

1980s…

In 1982, bids were collected from Atomic Energy of Canada Limited (AECL), Siemens-Kraftwerk Union (KWU) and General Electric (GE) companies through the Turkish Atomic Energy Agency (TAEK) Presidency without any tender. Although an agreement was reached in the bargain negotiations with these companies on August 30, 1984, when the government announced that it had changed the basic condition of the tender, which was initiated on a turnkey basis for nuclear power plants, to the “Build-Operate-Transfer” condition, KWU and GE companies, which were offered the Sinop nuclear site instead of Akkuyu, withdrew from the tender. . On the other hand, on November 2, 1983, the Nuclear Power Plants Authority: NELSAK decree was prepared and approved in order to carry out all nuclear issues under one roof within the scope of the reorganization of state institutions, and the then President Kenan Evren announced that three different types of nuclear power plants would be established in Turkey. But the NELSAK decree was never implemented. Negotiations with AECL continued in March 1985 and a preliminary protocol was signed in August. However, negotiations with AECL were halted in early 1986, when the Canadian government refused to accept the terms of the memorandum and to guarantee 60% of the financing (the remaining 40% would be undertaken by TEK and Turkey). Due to the Chernobyl reactor accident that occurred in the Union of Soviet Socialist Republics in April 1986, work on nuclear power plants in Turkey was also suspended. In 1988, TEK Nuclear Power Plants Department was closed.

1990s…

In 1989, a 25 MW passive system modular prototype project was attempted with Argentina, and this attempt, which was deemed insufficient in early 1991, was abandoned. In 1992, a letter was sent to the major companies in the world and information was requested on technical and financial issues for the establishment of a 1000 MW power plant with one or two units on a turnkey basis or with the Build-Operate-Transfer model, to be put into operation in 2002. In a report presented to the Council of Ministers by the Minister of Energy and Natural Resources, Mehmet Ersin Faralyalı, in December of the same year, he pointed out that if the country did not develop other energy sources, it would fall into a major energy crisis in 2010 and that nuclear energy should be used to prevent it. Thereupon, the Science and Technology Supreme Council convened in early 1993 and determined the generation of electricity from nuclear energy as the country’s third priority issue. In 1995, TEAŞ made an agreement with South Korea’s KAERI firm as a consultant to conduct preliminary examinations of the nuclear power plant tender. In 1996, a commission consisting of three consultants appointed by the Ministry of Energy and Natural Resources and two staff from the TEAŞ Nuclear Power Plants Department finalized the tender specifications. On October 17, 1996, it was announced in the Official Gazette that a tender was opened for the Akkuyu Nuclear Power Plant. On October 15, 1997, AECL, NPI (Nuclear Power International/Siemens and Framatome Consortium) and WESTINGHOUSE (with Mitsubishi) submitted their proposals, but in 2000 the government announced that it had given up on finalizing this project and establishing a nuclear power plant in the country.

After 2000 and today…

In May 2004, then Minister of Energy and Natural Resources Hilmi Güler said, “We will soon meet with the countries that produce these power plants.” After restarting the nuclear power plant issue, the developments accelerated in Akkuyu and Sinop Power Plants.

Akkuyu Nuclear Power Plant will be constructed in the Akkuyu location of Büyükeceli Town in the Gülnar district of Mersin province. If its construction is completed, it will be Turkey’s first nuclear power plant. As a result of the bilateral interstate agreement signed, the Akkuyu field was delivered free of charge to the Russian public company Atomstroyexport (subsidiary of Atomenergoprom, subsidiary of ROSATOM). The Russian public company will build a nuclear power plant here with the financial resources it will find and sell the electricity it produces to the Turkish side with a 15-year purchase guarantee. There are no exact dates for when the power plant will be put into operation. It will consist of four units of 1200 MW and will be able to meet approximately 6% of Turkey’s electricity production alone with its 4800 MW installed power.

Sinop Nuclear Power Plant or Sinop Nuclear Power Plant (Sinop NS) is the second nuclear power plant designed after Turkey’s Akkuyu Nuclear Power Plant, which is planned to be established on the seaside of the Sinop Province Inceburun Peninsula. The power plant is designed to have a total installed power of 4,480 MW with 4 reactor units of 1120 MW.

So, considering all these developments, what do we know as a country about Nuclear Law, which is an indispensable component of nuclear energy, which is certain to be a part of us in the near future?

NUCLEAR LAW CONCEPT

The main purpose of Nuclear Law is to create a legal framework that allows each country that uses or intends to use nuclear energy to make the most appropriate use of the economic and social benefits of nuclear energy.

The guiding role of the International Atomic Energy Agency (IAEA) member countries in the legislative activities in the field of nuclear law should not be forgotten in this process.

Benefits and Risks: As it is known, nuclear energy poses risks on human health and safety and the environment that should be handled carefully. However, nuclear energy has significant benefits in many areas from health to agriculture, from electricity production to industry. For these reasons, legislative activities related to nuclear energy have focused on these inseparable risks and benefits of nuclear energy.

DEFINITION OF NUCLEAR LAW

Nuclear law is a set of special norms regulating all kinds of works, transactions and interactions of legal and natural persons related to nuclear energy or radiation.

Nuclear law is a branch of law that includes regulations suitable for the special situation of nuclear technology within the national general legal norms, and nuclear law regulations regulate the development and use of nuclear technology in a balance of benefit-risk.

PURPOSE OF NUCLEAR LAW

We can say that the aim of nuclear law is to create a legal framework that protects individuals, property rights and the environment regarding the use of nuclear energy and radiation.

Principles of Nuclear Law:

a)            Emniyet Prensibi                          (The Safety Principle)

b)           Güvenlik Prensibi                        (The Security Principle)

c)            Sorumluluk Prensibi                  (The Responsibility Principle)

d)           İzin Prensibi                                   (The Permission Principle)

e)            Sürekli Kontrol Prensibi           (The Continuous Control Principle)

f)            Tazminat Prensibi                       (The Compensation Principle)

g)           Sürdürülebilir Gelişim Prensibi           (The Sustainable Development Principle)

h)           Uygunluk Prensibi                      (The Compliance Principle)

i)             Bağımsızlık Prensibi                  (The Independence Principle)

j)             Şeffaflık Prensibi                          (The Transparency Principle)

k)           Uluslararası İşbirliği Prensibi                (The International Co-Operation Principle)

Now let’s take a brief look at what these principles mean;

Numerous international treaties, national regulatory documents and expert comments have pointed out that “safety” is the first requirement in the use of nuclear energy. In this framework, a number of sub-principles have been determined. These;

• Prevention Principle  : This principle expresses that the primary purpose of nuclear law is to be cautious and forethought about the prevention of damage during the use of nuclear energy, and to minimize the effects of misuse of technology or possible accidents.

• Protection Principle  : This principle governs balancing the benefits and risks of nuclear technology. Of course, priority should be given to the protection of public health, safety, security and the environment. Since the priority is always given to the protection side by preventing risks, this principle is also called the “precautionary principle”.

In the light of this principle, while carrying out legislative activities, it should be given importance to bring different weighted technical safety criteria against risks at different levels.

b) Security Principle (The Security Principle)

While carrying out legislative activities related to Nuclear Law, it should not be forgotten that the developmental sources of nuclear energy are based on military technology. The seizure of nuclear technology or nuclear materials by terrorist or other criminal organizations may pave the way for malicious uses. 

For these reasons, different legal protection measures should be taken according to the danger level of the technology or materials for the protection of both technology and nuclear materials.

c) The Responsibility Principle

During the use of Nuclear Energy, multiple actors are involved in the process. For example, R&D Institutions, those who process nuclear materials, those who produce nuclear devices (equipment), those who apply nuclear energy for medical purposes, architecture-engineering firms, construction firms, nuclear facility operators, financial institutions and regulatory institutions. The question to be asked in the process involving all these actors is who has the primary responsibility for ensuring safety. Although all of these actors listed above have varying levels of responsibility, the primary responsibility rests with nuclear facility operators and license holders.

d) Permission Principle

As a rule, in most national legal systems, the business activities of individuals are not subject to prior authorization. However, if these activities pose identifiable risks, the permit system will come to the fore.

Due to the risks inherent in nuclear technology, nuclear law envisages a permit system, especially for all kinds of transactions related to radioactive materials. At this point, the concept of “permission” can be expressed with the concepts of authorization, license, license, certificate and approval.

Within the scope of this principle, it is very important that which activities are subject to permission and which degree of permission should be clearly determined beforehand.

e) Continuous Control Principle

Even if an actor operating in the field of nuclear energy is authorized with a license or other permission, it must be kept under constant surveillance in order to be able to determine that it continues its activities in a safe and secure manner. This principle envisages that national nuclear legislation should allow regulatory inspectors to have direct and free access to all activities at all levels using nuclear energy.

f) The Compensation Principle

In the event of a nuclear accident that may occur for various reasons despite all precautions being taken, the national legislation of the countries should allow adequate and appropriate compensation to be paid to all parties affected by the accident.

g) Sustainable Development Principle

Environmental Law imposes important duties on each human generation in order not to leave unnecessary environmental impact/burden to the next generations. As it is known, economic and social development can only be sustained by protecting the environment. This rule should also be applied in the nuclear field. Considering the long life of nuclear materials and its effects on the future, current generations should consider the long-term effects of this technology and use the technology by avoiding its risks and harms.

h) The Compliance Principle

Even if many human activities are carried out within the borders of countries, their possible effects can be of a nature that transcends borders. It is a well-known fact that the risks in the field of nuclear energy are also beyond borders. Multilateral international agreements on risks that go beyond these borders are the primary reference point for preventing risks and what to do if they happen. Due to the nature of Nuclear Law, countries operating in the field of nuclear energy are obliged to comply with national and international regulations. In this context, while in some countries, international conventions and regulations automatically become the norm of law that must be implemented in national legislation, in some countries a separate legislative activity is needed to transfer these international regulations to domestic legislation.

i) The Independence Principle

International Nuclear Law has placed particular emphasis on independence in the establishment of the regulatory authority. The purpose of independence is to ensure that the decisions of the regulatory authority, especially in the field of safety, are independent of the influence of the actors in the sector. Given the risks in the industry, all other stakeholders need to respect the independence and expert opinion of the regulator and cooperate fully when it comes to safety.

j) The Transparency Principle

Nuclear energy has started to develop especially thanks to the military programs during the World War II. For this reason, nuclear raw materials and technology are considered to be extremely sensitive and have a high level of security. After the peaceful use of this technology began, the public’s understanding, adoption and trust of this technology was made possible by the media, legislators and other relevant components sharing information as openly as possible. The principle of transparency requires parties contributing to the development of nuclear technology to share any information regarding public health, safety and environmental impacts or emergencies.

k) The International Co-Operation Principle

The last principle, NIP, points to the need for nuclear energy users and regulators to establish close relations through international organizations. The international nature of nuclear energy is based on several reasons;

First : Potential cross-border impacts on safety and environment enable governments to uniformize their policies in this regard and to develop collaborative programs so that people and the environment are protected at the maximum level in case of possible accidents.

Latter: The borderlessness of the effects necessitates the sharing of information worldwide by spreading the security practices increased in one country to other countries. International cooperation is also of vital importance due to the threats of terrorism and other criminal organizations.

Third: An increasing number of international conventions and similar legal regulations regulate the responsibilities that countries are obliged to comply with in the nuclear field.

Fourth: The increasingly multinational character of the Nuclear Industry necessitates more effective control of nuclear raw materials and equipment at national borders. This control can only be achieved through international cooperation.

For all these reasons, national nuclear energy legislation should be in a structure that allows public and private sector actors to participate in international organizations related to their fields.