Give atomic regulator legal teeth: IAEA

Regulator should not perform in a manner that compromises its independence

The International Atomic Energy Agency (IAEA) has suggested the government embed in law the Atomic Energy Regulatory Board (AERB) as an independent regulatory body.

In a report after an IAEA team recently visited India to review the country’s regulatory framework for nuclear safety, the agency recommended that the AERB review the implementation of its policies and existing arrangements to ensure its independence as a regulator.

The Nuclear Safety Regulatory Authority Bill, 2011, is awaiting being reintroduced in Parliament after the version prepared by the former United Progressive Alliance government lapsed. The bill had proposed dissolution of the AERB and its replacement with the Nuclear Safety Regulatory Authority (NSRA).

“The IAEA report acknowledges that the AERB has functional independence as a regulator. The IAEA did not find any instances where de facto independence was compromised and it has suggested legal status be accorded to the AERB. As far as the bill to establish the NSRA is concerned, it is expected to come up in Parliament,” AERB secretary Hari Kumar told Business Standard.

The IAEA further noted that because the governance framework for atomic energy had both the industry and the regulator reporting to the Atomic Energy Commission, there was no clear separation of regulation.

“The regulatory body should be constituted through a legislative process, thus demonstrating clear legal independence from the industry. In order to ensure the independence of the regulatory body is clear and transparent the government should strengthen the legislative framework by creating in law the AERB as a regulatory body separated from entities having responsibilities or interests that could unduly influence its decision making,” the IAEA said in its report.

The IAEA said the regulator should perform its functions in a manner that did not compromise its effective independence. The staff of the regulatory body shall remain focused on performing their functions in relation to safety, irrespective of any personal views. The competence of staff is a necessary element in achieving effective independence in decision making by the regulatory body.

According to the IAEA, the regulatory body should ensure that in its liaison with interested parties it has a clear separation from organisations or bodies that have been assigned responsibilities for facilities or activities or for their promotion.