Busan Metropolitan City Nucliear Power Ordinance In-charge Department: Citizen Safety Office, Nuclear Power Safety Division
(Enaction) July 15, 2020 Ord) No. 6216
- Article 1 (Purpose)
- The ordinance aims at stipulating the requirements for the safety of the nuclear power facilities in Busan Metropolitan City to prevent the radioactivity-caused disaster and ensure the community safety.
- Article 2 (Definition)
- The Ord shall use the terms, which are defined as follows:
- 1. “Nuclear power facility” means the nuclear power-using facility, purusant to the Nuclear Power Safety Act and the nuclear power facility, pursuant to the Act for the Protection of Nuclear Power Facility and Prevention of Radioactivity (hereafter called “Radioactiity Prevention Act”).
- 2. Any other terms used in the ordinance shall follow Article 2 in the Radioactivity Prevention Act.
- Article 3 (Scope of Application)
- The ordinance shall apply to the nuclear power facilities, which may affect the life and safety of the community in Busan Metropolitan City (hereafter called called “City”).
- Article 4 (Duties)
- ① The mayor shall develop and implement the measures to protect the community safety from the nuclear power facility accident and radioactivity disaster, as the head of a municipality that takes charge of the radiation emergency plan zone.
- ① The mayor shall demand the nuclear power operator (hereafter called “Operator”) and central administrative agencies to demand the information for nuclear power safety and release the information to the community members.
- ③ The mayor shall ensure that the community members are engaged in the implementation of the nuclear power safety policy, such as opinion collection from the community.
- Article 5 (Basic Principle of Nuclear Power Safety Policy)
- The nuclear power safety policy shall be implemented under the principle of the following
subparagraphs:
- 1. Recommend the prohinition of an additional construction of nuclear power facilities
- 2. Prohibit the extension of a nuclear power facility after the expiration of its design life time, and recommend early shutdown
- 3. Protect the community safety and environment from the harms of radioactivity
- 4. Determine and enforce nuclear power safety polities, based on the community engagement and opinion collection
- 5. Enforce nuclear power safety policies, based on the full cooperation with neighboring municipalities
- Article 6 (Planning and Execution of Comprehensive Plan)
- ① The mayor of Busan Metropolitan City (hereafter called “Mayor”) shall plan and execute the Busan Metropolitan City Comprehensive Nuclear Power Safety Plan (hereafter called “Comprehensive Plan”) in every 5 years to manage the safety from the use of nuclear power.
- ② The Comprehensive Plan shall include the matters of the following subparagraphs:
- 1. Current status and prospec of nuclear power safety management
- 2. Policy goal and basic direction of nuclear power safety management
- 3. Securing of the community safety in neighboring areas of nuclear power facilities
- 4. Environment and safety monitoring for nuclear power facilities
- 5. Furthering of community communication and information release
- 6. Education and training on the prevention of radiactivity
- 7. Enhancement of nuclear power safety culture
- 8. Research and development for the measures to prevent radioactivity for community protecttion
- 9. Cooperation with the nuclear power related institutions and organizations, such as central administrative agency, district and gun, neighboring municipality, the Operator, academic society, and research institue
- 10. Investment and procurement of financial resources
- 11. Any other matter required to manage nuclear power safety
- ③ The Mayor shall discuss with relevant institutions and collect the community opinion in advance prior to planning for the Comprehensive Plan. This shall apply to the changing of the existing Comprehensive Plan.
- ④ The Mayor shall plan for and execute the annual implementation plan (hereafter called ‘Implementation Plan“) every year, pursuant to the Comprehensive Plan.
- ⑤ The Mayor may demand the head of a relevant instituion to submit the material required for plan development, if deemed necessary for the effective execution of the Comprehensive Plan and the Implementation Plan.
- Article 7 (Setup and Operation of Nuclear Power Safety Committee)
- ① The Mayor shall have the Nuclear Power Safety Committee (hereafter called “Committee’) to keep the community safe from the harms of radioactivity and preserve the environment.
- ② The Committee shall deliberate on and decide the matters of the following subparagraphs:
- 1. Planning and change of the Comprehensive Plan and the Implementation Plan
- 2. Setup and operation of the Nuclear Power Safety Community Verification Group pursuant to Article 9.
- 3. Safety agreement with the Operator, pursuant to Article 16
- 4. Busan Metropolitan City Radioactivity Prevention Plan pursuant to the Radioactivity Prevention Act Article 19
- 5. Investigation and action for the incidence of incident and accident, such as a malfunctioning of nuclear power plant
- 6. Any matter deemed otherwise necessary for the nuclear power safety measures
- ③ The Committee shall consist of up to 20 members, including the chairperson.
- ④ An administrative vice mayor shall act as the chairperson of the Committee (hereafter called
“Chairperson”) with the members appointed or entrusted by the Mayor in consideration of gender.
- 1. City officials with Grade 4 or higher
- 2. Person recommended by the Busan Metropolitan City Council
- 3. Officials recommended by districts and guns
- 4. Nuclear power specialist
- 5. Person recommended by civil society orgaizatio
- 6. Any other person highly knowledgable of nuclear power safety with an abundance of experiences
- ⑤ The member shall serve a term of 2 years with one consecutive term allowed, except that a supplementary member shall serve the remaining term of a predecessor member.
- ⑥ The Chairperson shall represent the Committee and oversee the works of the Committee. The Chairperson shall designate a member, in advance, who shall act for the Chairperson when the Chairperson is unable to carry out his/her duties due to an unavoidable reason.
- ⑦ The Chairperson shall convene and chair the meetings of the Committee.
- ⑧ A meeting of the Committee shall convene with the attendance of a majority of the registered members, and decide with the consent of a majority of the attending members.
- ⑨ The Committee shall have 1 adminsitrative secretary to process the works of the Committee, and a department head in charge of nuclear power safety shall act as the adminsitrative secretary.
- ⑩ Allowance and travel expense may be paid, within the budget, to the entrusted members who attend a meeting of the Committee.
- ⑪ The Chairperson shall determine, with a decision of the Committee, the requirements, other than the stipulations in the ordinance, to operate the Committee.
- Article 8 (Exclusion, Recusal and Evasion of Committee Member)
- ① The member of the Committee shall be excluded from deliberation and decision if he/she has interests in the agenda.
- ② A person of concern may file for a recusal of a member to the Committee, if there is a reason that makes fair deliberation and decision unlikely to expect of the member, and the Committee shall decide the recusal by voting. In such a case, the member of the subject of recusal may not participate in the voting.
- ③ A committee member shall evade the deliberation and decision of the agenda on his/her own if the committee member falls under the reason for exclusion, pursuant to any of the subparagraphs in Paragraph 1.
- Article 9 (Setup and Operation of Nuclear Power Safety Community Verification Group)
- ① The Mayor may set up the Nuclear Power Safety Community Verification Group (hereafter called
“Verification Group) with community members and specialists to examine and verify the matters of the
following subparagraphs:
- 1. Safety of np facilities
- 2. Factors of community anxiety about nuclear power facilities, and environment pollution
- 3. Any matter deemed otherwise necessary by the Mayor for the safety of the nuclear power facilities
- ② The Mayor shall determine the requirements, other than the stipulations in the ordinance, separately to set up and operate the Verification Group.
- Article 10 (Enforcement of Nuclear Power Safety Measure)
- ① The Mayor shall set forth the opinions on, and recommend and/or request, the following subparagraphs
actively to the central administrative agency:
- 1. Permit for construction, operation, and modification of a new nuclear power facilitiy
- 2. Design change and expansion of a nuclear power facility
- 3. Operation suspensi, followed by re-operation, of a nuclear power facility
- 4. Disassembly of a nuclear power facility
- 5. Construction and operation permit for a radioactive waste management facility
- 6. Transfer of radioactive material in a nuclear power facility
- ② The Mayor shall demand the Operation to correct and take an action under the results, verified by the Verification Group, and recommend to a relevant central administrative agency.
- ③ The Mayor shall demand the Operator and the Nuclear Power Safety Committee, pursuant to the Act on
the Setup and Operation of Nuclear Power Safety Committee Article 3, to suspend the use of a nuclear
power facility in operation, if any of the following subparagraphs is true:
- 1. Evaidng the demand for verification by the Verification Group
- 2. Evading the correction or measure in Article 10 Paragraph 2.
- 3. The community safety deemed under significant threats due to the accident in a nuclear power facility and an irregular act of the Operator
- 4. Any incidence deemed otherwise by the Maor for the suspension of use
- ④ For deciding for the matters of Article 10 Paragraphs 1 through 3, the Mayor shall prepare for the measures to listen to the community opinion, and implement the measure actively, to reflect the community opinion.
- Article 11 (Planning for Radioactivity Prevention)
- ① The Mayor, when planning for the Busan Metropolitan City radioactivity prevention plan (hereafter called “Prevention Plan”) pursuant to the Radioactivity Prevention Act, shall disclose the planning to facilitate each and everyone to set forth his/her opinion. In such case, the Mayor shall fully examine the opinion set forth and reflect in the plan.
- ② The Prevention Plan shall include the measures to expand and maintain the infrastructures for radioactivity prevention and the education and training on radioactivity prevention, and specify the measures to cooperate with neighboring municipalities.
- Article 12 (Setup of Radiation Emergency Plan Zone)
- The Mayor, when discussing the setup of the radiation emergency plan zone pursuant to the Radioactivity Prevention Act Article 20-2 Paragraph 2, shall strive to include the scope to the fullest under the stipulation by the Radioactivity Prevention Act.
- Article 13 (Community Prevention Measure During Radioactivity Disaster)
- The Mayor shall demand a director of the Field Radioactivity Prevention Control Center, pursuant to the Radioactivity Prevention Act Article 28, to take an immediate action, if the Mayor deems it necessary to decide the measures for emergent community protection, such as community evacuation, displacement, restriction of food intake, and distribution of thyroid prevention drug.
- Article 14 (Information Disclosure)
- ① The Mayor shall demand the Operator to disclose the information on the following subparagraphs:
- 1. Official letter sent by the Operator to the Nuclear Power Safety Committee in relation to malfunctioning and accident
- 2. Official leeter that allows to understand the actuality of an abnormal condition occurred in respective facility
- 3. Any other document demanded by the Committee for the matter related to the community life and safety
- ② The Mayor shall release the information, obtained pursuant to Paragraph 1, actively to the community.
- Article 15 (Collection of Community Opinion)
- ① The Mayor shall plan for listening to and collecting the community opinion on nuclear power safety across the board, and implement the plan actively.
- ② If a district mayor or a gun mayor announces the public viewing of the draft of a radiation environment impact assessment or a disassembly plan, pursuant to the Nuclear Power Safety Act Enforcement Decree Article 143, or the Operator announces the hearing pursuant to Article 145 of the enforcement decree, the Mayor shall prepare for collecting the community opinion to the fullest, such as requesting district mayors, gun mayors, and the Operator to broadcaset the announcement, pursuant to the Broadcasting Act.
- Article 16 (Safety Agreement)
- ① The Mayor may conclude a safety agreement with the Operator to implment the nuclear power safety polity effectively.
- ② The Mayor shall demand the Nuclear Power Safety Committee adamantly to take an administration action,
which is influential in the practice of the Operator.
- 1. Refusal of the demand for verification by the Verification Group
- 2. No compliance with the opinion and demand for nuclear power safety measure pursuant to Article 10
- 3. Refusal of the demand for information release pursuant to Article 14
- 4. Refusal of the demand for community opinion collection pursuant to Article 15
-
Supplementary Provision
- The ordinance shall be in effect upon proclamation.
