Decision on approving significant changes in nuclear or radiation facility
Every planned change in connection with the facility or the method of management or operations, including maintenance, check-ups, testing or the introduction of technical, organisational or other change in relation to these works (change) that impacts or could indirectly impact the content of the security report, must be assessed by the facility operator with regard to the importance for radiation or nuclear safety.
With regard to the importance for radiation or nuclear safety, changes:
- must be reported to the authority competent for nuclear safety;
- the implementation of which must be reported to the authority competent for nuclear safety;
- since they are important for radiation or nuclear safety, and their implementation must be approved by the authority competent for nuclear safety.
The facility operator must attach to the proposal for changes also a proposal for the changes of the security report, the assessment of the importance for radiation and nuclear safety and the expert opinion of the authorised expert for radiation and nuclear safety on the impact of the change on radiation and nuclear safety of the facility.
The facility operator can start introducing the proposed changes after the authority competent for nuclear safety confirms in written form on the basis of the assessment, that no approval of the changes is required. if the facility operator introduces changes on the basis of the notification of the proposal of changes, they must notify the authority competent for nuclear safety on the implemented changes in twelve months after the works are implemented.
If the facility operator introduced changes based on the notification of the proposal of changes, they must also submit to the authority competent for nuclear safety, the change of the security report in twelve months after the works are implemented.
If the submitted documents show that the conditions for radiation or nuclear safety are fulfilled, the authority competent for nuclear safety, approves the proposal of changes in 90 days after receiving a complete application with the decision stipulating the implementation of changes of the security report, and if it is necessary, they determine the method, scope and deadlines for introducing the changes from the security report.
The facility operator starts introducing changes under the previous paragraph when the ministry competent for the environment approves the changes of the security report.
In the application for the approval of the change, the operator can request for the implementation of individual works that present the preparation for the introduction of this change prior to the approval of the proposal of the change under the first paragraph of this article. If the proposed documents show that the radiation and nuclear safety will not be endangered during such works and that they would not be endangered even if the proposed change is rejected, the authority competent for nuclear safety issues a temporary decision and approves such works prior to the acquisition of the expert opinion of the authorised expert.
If new circumstances arise after the approval of the change under the first paragraph of this article, due to which the introduction of the change would be inappropriate and would negatively impact the radiation or nuclear safety, the authority competent for nuclear safety, annuls the approval of this change upon the operator's proposal. Prior to the planned change, the operator of the radiation or nuclear facility must perform a security screening determining the consequences of the change on radiation or nuclear safety.
The scope of screening is determined in Annex 7 of the Rules on operational safety of radiation and nuclear facilities. The radiation or nuclear facility operator must perform a security assessment after security screening for changes which are categorised in category 2 or 3 after the security screening. The security assessment must prove that all security aspects of the change have been considered and the appropriate security criteria have been fulfilled and that all changes are compliant with he specification of the included SSK. The scope security assessment is determined in Annex 8 of the Rules on operational safety of radiation and nuclear facilities.
A security assessment does not have to be implemented for changes, for which it is established during security screening that they are necessary to eliminate a clear error (e.g. typing errors in documents or adjustments of the equipment to parameters that are included in the valid and approved security analyses). Such changes are considered as category 1 changes.
A change of operational conditions and limitations must be considered as a category 3 change, excluding the change of operational conditions and limitations that fulfil the conditions under the previous paragraph.
If sudden circumstances occur during the facility operations, which could endanger stable and safe operations of the facility, the operator can implement a necessary temporary change. Such change is considered by the operator as a category 1 change, although security screening under the first paragraph of this article and the security assessment under the second paragraph of this article include it under category 2. The operator must deliver the security screening, security assessment and the notification on the implementation of the change to the competent authority on the working day following the implementation of the change.
The Administration makes a decision in three working days.
- Judicial remedy: Administrative dispute
- Competent authority: Administrative Court of the Republic of Slovenia