The transition to a low carbon energy supply in 2050

The Dutch energy supply will change fundamentally over the coming decades. The Paris Agreement on climate change has set a target of limiting global warming to well below two degrees Celsius, with the aim to limit maximum temperature increase to one and a half degrees Celsius. The transition to a low carbon energy supply requires a huge effort from the general public, businesses and public authorities.

First and foremost, the energy transition is a major social challenge: it encroaches directly onto people’s daily lives and living environment. A transition of this scope can only happen if all stakeholders, including the general public, support the political decisions and if the energy supply remains affordable, reliable and safe, against acceptable costs. In addition, in a densely populated country like the Netherlands, the spatial effects have to be assessed continuously and subsequently adapted if needed.

The energy transition was set in motion globally and this process will continue, irrespective of geopolitical uncertainties. The Dutch Government has no wish to adopt ‘a wait and see attitude’, and has instead chosen to respond proactively. An energy transition of this magnitude offers many great opportunities, if the available knowledge and skills, research and technical capabilities and arrangements can be pooled and increased. This requires new and fruitful partnerships between businesses, knowledge institutes, civil society organizations and public authorities. In this way the transition is more than just a change in energy sources, it turns into an innovative process that increases the power of the Dutch economy and society. This transition also requires a clear, long term perspective which is commonly accepted by a vast majority of political parties. Only then it offers certainty to businesses having to invest, to directors having to make decisions and to the general public facing important choices and private investments as well.

Therefore, the Dutch Government invites all stakeholders to come to an agreement with which the Netherlands can reduce CO₂ emissions by 49% in 2030 compared to 1990. In 2018, five sectors (electricity, built environment, industry, agriculture and land use, mobility) were intensively consulted in task groups and dozens of working groups for each sector. More than a hundred parties were directly involved. All parties that sat at the table endorse this reduction target. An important step on the road was set in December 2018, when a comprehensive coherent package was agreed in the draft of the Climate Agreement.

In this way, broad support has been laid under the upcoming Climate Agreement, which is related to sufficient perspectives for action by citizens, companies and employees, and to the process. Control and citizen participation are key concepts in the entire process of planning and implementing climate policy. Industrial policy is aimed at rewarding companies that are at the forefront and punishing those who lag behind. This should challenge industry to innovate and grow into a world-leading sector. Provisions are also made for employment. For example, labor market policies must ensure that a sufficient number of qualified workers are trained to carry out the transition. On the other hand, people who are in danger of losing their jobs as a result of the transition should be helped to find new work as much as possible.

The preliminary agreements per sector are as follows:

ElectricityThe goal for 2030 is that 70% of all electricity will come from renewable sources. This will be met with wind turbines at sea and on land, and with solar panels on roofs and in solar parks. At the same time, the demand for electricity is growing. Cars will become increasingly electric and the industry will replace oil and gas for clean electricity. Buildings are freed from gas and will need more electricity for cooking and heating. Because the power supply becomes more dependent on the changeable weather, many measures are needed to keep the electricity supply reliable.

Built environment By 2050, 7 million homes and 1 million buildings will no longer rely on natural gas. That means insulating and using sustainable heat and electricity sources. As a first step, the first 1.5 million existing homes must be made more sustainable by 2030. That goes district by district, but at an increasingly higher pace. In 2021, the municipalities will know which district is next, and when the transition is expected. Overall, residents are involved in this. The intention is that the investment in sustainability can be paid from the proceeds of a lower energy bill.

Industry The goal for 2050 is that resource input, emissions, energy leakages and waste will be minimized by the industry by slowing, closing, and narrowing energy and material loops. Industry will virtually no longer emit any greenhouse gasses. The factories will then run on sustainable electricity from sun and wind or energy from geothermal heat, hydrogen and biogas. The raw materials will come from biomass, residual flows and gases. The residual heat will be used by industry itself or the industry supplies it to horticulture or buildings and homes. In addition to its role as an energy user, industry will also be a producer and buffer of energy.

By 2030, industry must already emit considerably less CO₂ as an intermediate step on the road to full sustainability. Many of the new ways of production are still in their infancy and are still too expensive. Companies also invest in this innovation themselves. There is also a subsidy to get the development going. In this way, the industry can become most CO₂-efficient in a way that does not jeopardize international competitiveness.

Agriculture and land use To be climate neutral in agriculture and land use in 2050, there is still a lot to be done, and part of the greenhouse gas emissions from agriculture cannot be avoided. The sector also captures CO₂: in trees, the soil, crops and grass. That in turn contributes to the reduction target. Therefore, many parties play a role in the approach, including farmers, horticulturists and land managers, food processors, suppliers, supermarkets and civil society/non-governmental organizations, to reduce greenhouse gas emissions and increase CO₂ storage. Preconditions are that enough food and crops are produced, while maintaining biodiversity. The sector must also remain economically healthy.

Mobility Mobility in 2050 strives to be emission free and of high quality. Not all solutions are yet available, for example within the freight transport sector. But mobility must be cleaner, smarter and therefore different. Dozens of agreements have been made on this between the parties involved and the government which ensure that structural changes are set in motion by 2030, including electric cars and driving capabilities.

Overall

To adopt all measures, the starting point is that the transition remains feasible and affordable for everyone, with competing considerations. For instance, the costs must also be affordable by households. The competitive position of companies and thus the jobs must also be preserved.

The burden must be distributed fairly in order to keep the support for the transition; the distribution issue is pre-eminently a political issue. In 2019 Government and Parliament have to make clear and fair choices in the distribution of benefits and costs. An extra CO₂ tax for industry is part of this fair distribution.

Table 1 shows the estimated available energy sources as of January 2018.

TABLE 1. ESTIMATED AVAILABLE ENERGY SOURCES

*Solid, Liquid: Million tons; Gas: Billion m³; Uranium: Metric tons. **Other renewables in produced EJ/y.

Source: Delfstoffen en Aardwarmte in Nederland, jaarverslag 2017. Estimated reserves as of 1 January 2018. https://www.nlog.nl/sites/default/files/jaarverslag%20delfstoffen%20en%20aardwarmt%20in%20nederland%20-%202017.pdf

Table 2 provides information on the historical growth rates of total primary energy consumption and energy production.

TABLE 2. ENERGY STATISTICS

Source: Statistics of the Netherlands (https://statline.cbs.nl/Statweb/publication/?DM=SLNL&PA=83140NED&D1=0-5,7,10,13,22&D2=0-1,11,34-50&D3=54,59,64,69,l&HDR=G2&STB=T,G1&VW=T).

* Energy consumption = Primary energy consumption + Net import (Import ( Export) of secondary energy.

** Solid fuels include coal, lignite.

The Ministry of Economic Affairs and Climate Policy has the overall responsibility for the Dutch energy and climate policy, including policies for renewable energy, energy transition and bio-based economy, as well as the accessory research, development and demonstration projects. The Ministry is also the lead authority for the State Coordination Program for the planning of large scale energy infrastructure projects.

The Ministry of Infrastructure and Water Management is responsible for policies on environment, transport, water and public works. It supervises the administrative procedures under the Dutch Environmental Management Act. Together with the Ministry of Economic Affairs and Climate Policy, it coordinates the environmental impact assessments (EIAs) and permits for spatial planning, including maritime waters. Regional governments are responsible for granting environmental licences and permits.

Responsibility for energy efficiency is shared among several ministries and implementing agencies. The Ministry of Economic Affairs and Climate Policy is in charge of overall energy policy, including energy efficiency, and measures in agriculture and other sectors. The Ministry of Infrastructure and Water Management is responsible for energy efficiency in transport policy, whereas the Ministry of the Interior and Kingdom Relations is responsible for energy efficiency in buildings. The Ministry of Education and Science is responsible for fundamental science and research (through publicly funded universities and research institutes).

The Netherlands Authority for Consumers and Markets, established in April 2013, is the authority under the Ministry of Economic Affairs and Climate Policy with regulatory powers to supervise the electricity and natural gas markets as well as district heating markets. The so called ‘Energy Chamber’ is charged with regulation and oversight duties stemming from the Electricity and Gas Act.

The ‘Energy Chamber’ is also responsible for:

• Issuing supply licences for the supply of electricity and gas to captive consumers;

• Determining tariff structures and conditions for the transmission of electricity;

• Determining guidelines for tariffs and conditions with regard to access to gas; transmission pipelines and gas storage installations, and, if necessary, issuing binding instructions;

• Determining transmission tariffs for electricity and gas, including the discount aimed at promoting the efficient operation of the electricity grid and gas networks;

• Supervision of compliance with the Electricity and Gas Act.

In the 1990s, the liberalization of the Dutch electricity market started under the framework of the EU energy market liberalization and followed an energy-only market model. The retail market was opened in 2002 for industry and in 2004 for households. In 2007, full ownership unbundling of the electricity transmission and distribution networks was introduced. The Dutch choice was to privatize generation of electricity but to keep regulated networks in public ownership (the Ministry of Finance is 100% shareholder of the Dutch transmission network). It is not allowed for network operators to be part of a company that is also engaged in supply, production or trading of gas and electricity, or to be privatized or engaged in other activities. At international level, only New Zealand prohibits distribution companies from retailing.

On the one hand, market opening at wholesale and retail market levels with full ownership unbundling led to considerable investments by large EU companies; on the other hand, it fostered consolidation on the generation side. Ownership unbundling is to some extent limited, taking into account the substantial shareholdings by the Dutch state in electricity transmission and in the supply of gas through three utilities: TenneT, Energie Beheer Nederland (EBN) and GasTerra.

With combined liberalization and market integration, the Dutch market saw the entry of vertically integrated foreign players from markets in neighboring countries (RWE, Vattenfall, E.ON, Electrabel/GDF Suez), which acquired assets of the Dutch generation and distribution companies (Nuon, Essent, Eneco and Delta). Three large utilities Nuon (Vattenfall), Essent (RWE) and E.ON together held 59% of power generating capacity in 2009.

The country’s transmission system operator, TenneT, was established in 1998. TenneT operates the Dutch high voltage transmission network (110 kV, 150 kV, 220 kV and 380 kV), following the transfer of management of the Dutch 150 kV and 110 kV grids to TenneT in 2008. In 2018, the transmission network had a total length of around 10 168 circuit km and consisted of 333 substations, connecting 17 million end users and 29.5 GW of installed capacity in operation. In 2018, there was a total cross border import of 24 735 GWh and export of 18 730 GWh.

At present, TenneT is under ownership independent from other parts of the supply chain and fully owned by the State. It is responsible for ensuring the stability and reliability of the electricity grid, balancing the load in the Dutch system and with neighboring countries, and maintaining the high voltage grid in good condition in order to allow access and maximize capacity use. TenneT is also the majority owner (74.5%) of APX, the short term trading exchange for gas and electricity.

Capacity

The Dutch electricity system is dominated by fossil fuel capacity. In 2017, total installed generating capacity in the Netherlands was around 34.2 GW. Thermal power generating capacity amounted to 26.6 GW, or 78% of total capacity. Renewable generation represented 7.1 GW, or 20.8% of total generating capacity.

Electricity generation

Electricity generation in the Netherlands was 117.3 TWh in 2017. The electricity mix is dominated by fossil fuels, namely natural gas and coal. Nuclear energy accounted for 3.4 TWh, about 2.9% of electricity generation in 2017. Renewable energy sources in the electricity mix in the Netherlands are principally from biofuels and waste, and wind. Solar energy and hydro also play a role, albeit to a smaller but growing extent. Wind power has experienced the fastest growth over the years, growing from 0.8 TWh in 2000 to 10.6 TWh in 2017. Electricity from biofuels and waste has grown fivefold over the same period.

Table 3 shows the historical growth in electricity production, consumption and capacity in the Netherlands and Table 4 shows the energy related ratios.

TABLE 3. INSTALLED CAPACITY, ELECTRICITY PRODUCTION AND CONSUMPTION

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TABLE 4. ENERGY RELATED RATIOS

Main decisions, rationale and events related to the nuclear power programme

Nuclear plays a small but steady part in the Dutch energy supply. In 2018, the only nuclear power plant (NPP) produced about 4 TWhe, providing about 4% of the total electricity production.

The nuclear programme started with the construction of a research reactor in 1955, the High Flux Reactor (HFR) in Petten, which achieved first criticality in 1961. It was originally thought that nuclear power would play an important role in the country’s electricity generation programme. A small prototype reactor (Dodewaard NPP, 60 MW(e)) was put into operation in 1968, and in 1973 the first commercial reactor (Borssele NPP, 485 MW(e)) started its production.

Although plans were made to expand nuclear power by 3000 MW(e), these plans were postponed because of the divided public opinion and were finally shelved following the accident at Chernobyl in 1986. Instead, the Government ordered a thorough screening of the safety of both the existing plants, which led to major back fitting projects. The back fitting project at Borssele was successfully completed in 1997. Meanwhile, mainly because of the negative expectations for the future of nuclear energy in the Netherlands, the small Dodewaard NPP was permanently shut down in 1997. In 2005, the owner of this NPP was granted a licence for a safe enclosure state⁽¹⁾ for a period of 40 years, after which final dismantling is expected.

In 2006, the Dutch Government signed an agreement (the Covenant) with the owners of the Borssele NPP, which allows for operation until the end of 2033, at the latest. In the meantime, the Covenant conditions should be met in addition to the requirements of the licence. The aforementioned end date of operation is also a requirement in Article 15 (Section A) of the Nuclear Energy Law.

A new research reactor (named PALLAS) is under consideration in order to replace the HFR. Plans for PALLAS were initiated by the company Nuclear Research and Consultancy Group (NRG), current licence holder and operator of the HFR. A foundation is established that will conduct all preparatory activities required for the realization of the new research reactor. The national Government and the province of North Holland together provided a loan of about €80 million to finalize licensing and design of PALLAS. An important precondition for support is the realization of a sound business plan and the acquisition of (private) funding for the construction and operation of PALLAS. Currently pre-licensing activities are going on with the regulatory body Authority for Nuclear Safety and Radiation Protection (ANVS).

The Technical University of Delft is upgrading its research reactor (project OYSTER). The project is jointly financed by the university and the national Government.

Main decisions, rationale and events related to the regulatory body

The Netherlands has established and maintains a national legislative, regulatory and organizational framework (‘national framework’) for nuclear safety and radiation protection. The competent regulatory body (RB) for this framework is the ANVS. Since August 2017, the ANVS has served as an independent administrative body within the governmental structure in the Netherlands. The ANVS is independent in its main regulatory activities on radiation protection, nuclear safety and security in the Netherlands: licensing, supervision and enforcement. The Minister of Infrastructure and Water Management is politically responsible for its functioning. ANVS advises the Minister on policy, law and regulations.

The Netherlands has transposed Council Directive 2013/59/Euratom (laying down basic safety standards for protection against the dangers arising from exposure to radiation) in its national legislation. On 6 February 2018, the Decree on Basic Safety Standards for Radiation Protection and its underlying regulations came into force. The implementation led to the introduction of a situation based approach (planned, emergency and existing situations). Another change was the introduction of “registration” as one of the two instruments to authorize practices. Licensing is the other instrument. This decree also regulates the management of waste and orphan sources as well as requirements for the recycling or disposal of unsealed or sealed sources that are no longer used. In 2017, Council Directive 2014/87/Euratom was transposed in national law reinforcing nuclear safety. The main changes are the strengthening of the position of the competent authorities, stronger requirements on defense in depth, safety management and safety culture, transparency and safety improvements of existing nuclear installations.

Borssele NPP

The Borssele NPP is a two loop Siemens pressurized water reactor that has been in commercial operation since 1973 (Table 5). As it is the only NPP in operation in the Netherlands, the emphasis in the remainder of this report is on this plant. It has a net electrical output of about 485 MW(e). The NPP generates enough electricity to meet about 3% of the Netherlands’ demand.

The operator and licence holder of the Borssele NPP is the company EPZ (Elektriciteits-Produktiemaatschappij Zuid-Nederland). PZEM and Essent/RWE are shareholders of EPZ, and own 70% and 30%, respectively, of the shares.

In 1994, the Dutch Parliament decided to phase out the plant. The decision was legally challenged and repealed. Instead, a Covenant was signed in 2006 by the operator, the owners of the plant and the Government, which allows that the operating life of the Borssele NPP is to be extended by 20 years until the end of 2033 at the latest, under a number of extra conditions in addition to the licence requirements.

The licence holder has finished a long term operation (LTO) justification project to ensure that safety and safety relevant systems, structures and components continue to perform their intended functions during LTO. The outcome of the project was used for the LTO licence application. In 2013, the LTO licence entered into force. The regulatory review of the licence holder’s LTO programme has led to various licence requirements on top of the measures proposed by the licence holder.

Based on the post-Fukushima stress test in 2011 and the Periodic Safety Review in 2013 the licensee of the Borssele NPP implemented a number of safety improvements from 2012 to 2019.

Dodewaard NPP (in Safe Enclosure)

The Dodewaard NPP was a BWR type 60 MW(e) reactor that operated from 1968 until early 1997 (Table 5). In 2002, the licence holder obtained a licence for “deferred dismantling” after 40 years of safe enclosure. By April 2003, all the spent fuel had been removed from the site and had been shipped to Sellafield. Also, the plant has been decontaminated, and a new ventilation system was put into place. In 2009, all vitrified waste from reprocessing Dodewaard’s spent fuel was shipped to the national waste management authority, COVRA. On 1 June 2005, the 40 year safe enclosure period started under a licence that requires the owner to commence dismantling activities in 2045.

TABLE 5. STATUS AND PERFORMANCE OF NUCLEAR POWER PLANTS

The Netherlands has a decades long history of periodic safety reviews. For more than 20 years, one of the conditions of the licence has been that the safety of the nuclear installation is to be periodically reviewed in the light of operating experience and new safety insights. A review of operational safety aspects must be performed once every two years, while a more comprehensive safety review must be conducted once every 10 years. The latter involves a review of the plant’s design basis in the light of new developments in research, safety thinking, risk acceptance, etc.

An international Benchmark Commission reported in December 2018 to the parties RWE, PZEM, EPZ and the national government that the Borssele plant is part of the safest quartile of pressurized water reactor nuclear power plants in the Western world and meets the prerequisite to stay open until 2034. The Benchmark Commission reports every five years on the safety of the Borssele nuclear power plant.

Uranium enrichment and production of ultra-centrifuges are the most important parts of the fuel cycle for the Netherlands. Uranium enrichment is done by Urenco NL, which belongs to the Urenco Group, with production facilities in Germany, the Netherlands, the United Kingdom and the United States of America. In 2011, Urenco NL was granted an increase in licensed annual capacity from 4950 t SWU (separative work units) to 6200 t SWU.

The Technology Group (ETC) owns the world’s leading centrifuge technology and was formed in October 2003. Since July 2006, ETC has been jointly owned by Urenco (50%) and its joint venture partner Orano (50%). ETC develops, manufactures, supplies and installs gas centrifuges in the Urenco and Orano enrichment plants.

The Dutch policy on the management of radioactive waste and spent fuel is to isolate, control and monitor radioactive waste above ground in specifically designed buildings, after which geological disposal is foreseen around 2130. During the period of interim storage, all necessary technical, economic, financial and social arrangements are to be made in such a way that a deep geological disposal can be developed, constructed and taken in use around the year 2130.

Implementation of this policy led in 1982 to the establishment of COVRA, the Central Organisation for Radioactive Waste, located in Nieuwdorp. COVRA is a 100% state owned organization and the only organization in the Netherlands allowed to transport, manage and store the radioactive waste and spent fuel in the Netherlands⁽²⁾.

According to the “polluter pays” principle, the generator of the waste is charged by COVRA for all costs related to the management of radioactive waste and spent fuel, including the costs for research as well as the envisaged costs for disposal. Once the transfer of the waste has been accomplished, the customer is exempted from further responsibility for the waste. COVRA takes over all liabilities, including the financial responsibility. For standardized waste streams of low and intermediate level radioactive waste, fixed tariffs are published on COVRA’s web site. The tariffs are annually adjusted with the Dutch consumer price index published by Statistics Netherlands.

With regard to the management of spent fuel and high level waste, the utilities and the operators of research reactors agreed to jointly build a facility for treatment and long term storage of spent fuel and high level waste at the COVRA site. This building was commissioned in 2003 and is receiving vitrified and other high level waste from the production of medical radioisotopes, from the reprocessing plant in France, as well as spent fuel from the research reactors. Both the construction costs and the operating costs for storage are charged to the generators of the spent fuel and the waste, as are, of course, the costs for final disposal.

The Government policy on spent fuel management is that the decision on whether or not to reprocess spent fuel is in the first instance a choice for the operator of a NPP. For the NPP in Borssele, the operators decided in favour of reprocessing their spent fuel for economic reasons, to reuse plutonium and to reduce the high level waste volume.

In 2012, France and the Netherlands signed a treaty that regulates the reception and reprocessing of Dutch spent fuel from the Borssele NPP by ORANO in France, and the return to the Netherlands of the radioactive residues from reprocessing before 31 December 2052.

National policy⁽³⁾

In principle the nuclear operator is responsible for all aspects of decommissioning. According to legislation in force since April 2011, a nuclear facility shall be decommissioned directly after final shutdown. The NPP Dodewaard, which was brought into a state of safe enclosure in 2005, is excluded from this requirement.

Decommissioning implies the implementation of all administrative and technical measures that are necessary to remove the facility in a safe manner, and to create an end state of ‘green field’. Therefore, during the operational phase, the licence holder is required to develop a (preliminary) decommissioning plan, describing all the necessary measures to safely reach the end state of decommissioning, including the management of radioactive waste, record keeping, and so on. This decommissioning plan shall be periodically updated every five years and shall be approved by the governmental regulatory body. The decommissioning plan eventually becomes part of the decommissioning licence.

During decommissioning, the licence holder is required to store records of the decommissioning, the release of material, and the release of the site. At the end of decommissioning, the licence holder can apply for withdrawal of the licence, after presenting an end report to the authorities proving that the decommissioning was completed. After withdrawal of the licence, records on the decommissioning will be stored at COVRA.

The decommissioning plan serves as the safety basis for all the activities carried out during the decommissioning phase, and it provides the basis for the financial security plan. The Nuclear Power Act requires the licence holder to have a financial provision to cover the costs of decommissioning, which will have to be updated and approved by the authorities at least every time the decommissioning plan is updated (or when the authorities ask for an update). The licence holder is in principle free to choose the form of the financial provision. The financial security plan shall also be approved by the authorities in order to assess whether the financial provision offers sufficient security that the decommissioning costs are covered at the moment of decommissioning. The licence holder is obliged to act according to the decommissioning plan and the financial security plan including all the provisions for the decommissioning costs.

Decommissioned installations

The Dodewaard NPP was shut down in 1997 after 28 years of operation. It is now in a state of safe enclosure, and is the only nuclear facility in decommissioning. As of December 2010, the business activities of the Low Flux Reactor at Petten have stopped. In 2018 the complete decommissioning of the Low Flux Reactor to green field⁽⁴⁾ was finished according to plan.

NRG is the national nuclear research centre of the Netherlands. See above.

Two projects are currently under development that will add value to nuclear R&D in the Netherlands: PALLAS and OYSTER. The PALLAS project is aimed at the construction of a new multipurpose reactor that should replace the HFR in Petten, starting from 2025. The PALLAS reactor is intended for the production of medical radioisotopes, for nuclear research and irradiation services.

The Technical University at Delft operates a 2 MW university research reactor for educational purposes. The Higher Education Reactor of the Technical University in Delft (RID) does research on reactor physics, neutron beam physics, radioisotopes and radiochemistry. With the OYSTER (Optimized Yield — for Science, Technology & Education — of Radiation) programme, RID can continue to meet fundamental research questions from the market and the scientific community in the field of health, sustainable energy and material research. Since the start of OYSTER, a number of unique, new instruments have been realized. With the neutron diffractometer PEARL, scientists from the Netherlands and abroad can carry out energy research into, for example, hydrogen storage and new battery materials. In addition, the flexible irradiation facility is being used for new production routes for medical isotopes.

The National Institute for Public Health and the Environment (RIVM) protects and promotes human health and environmental quality. It acts as the Dutch Government’s main centre of expertise in radiation protection especially regarding the potential effects in case of nuclear incidents and accidents. See 3.1.1.

See above.

The ANVS participates in a number of international coordinated research activities to support its regulatory functions. Currently, the three major areas are fire safety, ageing management and severe accidents.

Nuclear technology

Since the early days of the Netherlands’ nuclear programme, international cooperation has been considered a necessity. From the joint exploitation of the Halden research reactor (together with Norway) in the 1950s and 1960s, to the Urenco cooperation in uranium enrichment of the present day, Dutch nuclear activities have been undertaken in close cooperation with other countries. A strong interest in multilateral cooperation on nuclear energy matters within intergovernmental organizations complements the Government’s orientation toward practical cooperation with others.

Nuclear safety

The Netherlands is represented on relevant boards and/or committees/working groups under the supervision of major organizations such as the European Union/Euratom, European Nuclear Safety Regulators, Western Europe Nuclear Regulators Association (WENRA), OECD/Nuclear Energy Agency (NEA) and IAEA. The Dutch input at the international level focuses on active participation in activities and initiatives aimed at improving radiation protection and nuclear safety and security worldwide. Our available knowledge and experience are deployed in order to make an active contribution.

The Netherlands also has close relations with two neighbors, Belgium and Germany, through annual and other meetings.

European and international guidelines are followed in the development and design of the radiation protection, nuclear safety and security policy, the relevant legislation and the regulation thereof. The requirements regarding radiation protection, nuclear safety and radioactive waste and spent fuel management under the Euratom Treaty and its directives have been transposed into Dutch legislation. A number of international treaties have been ratified by the Netherlands as well (Appendix 1).

In addition to these requirements, the Netherlands also abides on a voluntary basis by various internationally accepted principles, recommendations, practices and agreements drawn up under the auspices of the IAEA and WENRA.

The Netherlands participates in or invites international peer reviews during which the safety and security of the nuclear installations, national practices, policies, legislation and/or regulation are compared with international standards (often IAEA and WENRA standards). An example is the peer review of the so-called stress test analyses of the European nuclear facilities, the ensuing national action plans and several activities (within a European framework) following the stress test. The Dutch policy on nuclear safety and on the management of radioactive waste and spent fuel is also periodically assessed within the framework of the Convention on Nuclear Safety or the Joint Convention Treaty, respectively.

At least once every ten years, international assessments of the nuclear legislation and governmental organization are required by European legislation (e.g. the Integrated Regulatory Review Service (IRRS)). The first IRRS was held in 2014. In 2018 a follow-up mission took place. As part of the Dutch regulatory strategy, international peer review missions (e.g. IAEA missions) are regularly invited to review the safety of the Dutch nuclear facilities. Recent examples are missions of an Operational Safety Review Team (OSART) in 2014 with a follow up mission in 2016 and 2017, Integrated Safety Assessment for Research Reactors (INSARR) missions in 2016 with a follow up mission in in 2019, and Independent Safety Culture Assessment (ISCA) peer review missions to NPP Borssele in 2014 and NRG in 2017.

The Netherlands participates in international reporting systems (e.g. Incident Reporting System (IRS) of the IAEA/NEA) used to systematically collect and analyze data on malfunctions, abnormal events, etc. The information on international experiences thus obtained can be used by the licensees and the Government to improve safety.

The policy and legislation for the transport of radioactive and fissionable materials and ores is almost entirely based on international agreements. This is due to the fact that much of this transport crosses national and EU borders.

Regulatory body and ministerial responsibilities

The competent regulatory authority, or RB, is the authority designated by the government as having legal authority for conducting the regulatory process, including issuing authorizations, supervision and enforcement and thereby regulating nuclear safety, radiation protection, radioactive waste management, transport safety, nuclear security and safeguards.

The RB consists of one large entity, or ZBO, with its own legal authorities (ANVS) and several smaller entities. The ANVS became a ZBO in August 2017 with the necessary amendment of the Nuclear Energy Act and subordinate regulations. The ANVS has a staff of approximately 140. The ANVS oversees several tasks regarding nuclear safety and associated emergency preparedness, radiation protection, security and safeguards (as prescribed by the IAEA).

Tasks of the ANVS authorized by the Minister of Infrastructure and Water by or under the Nuclear Energy Act are:

1. Supervising and enforcing compliance with requirements by or under the Nuclear Energy Act;

2. Evaluating, preparing and advising on policies and acts and regulations;

3. Informing interested parties and the general public;

4. Participating in relevant activities of international organizations, as far as related to tasks related to the Nuclear Energy Act;

5. Maintaining relationships with comparable foreign authorities and relevant national and international organizations;

6. Supporting national organizations with the provision of expertise and knowledge;

7. Undertaking research in support of the implementation of its tasks.

The RB is complemented with some smaller entities at other ministries. However, the tasks related to nuclear safety and security are within the scope of the ANVS only. Apart from the ANVS, most entities of the RB employ only a very limited number of staff for tasks related to the Nuclear Energy Act. All entities operate under responsibility of their respective ministers. Table 6 illustrates the responsibilities of the various ministries regarding the various areas of interest.

TABLE 6. RESPONSIBILITIES OF MINISTRIES

In addition to day to day contact between the entities of the RB, a Cooperation Agreement for Radiation Protection was set up in 2017, signed by the ANVS and the policy departments and inspectorates of other ministries which have tasks under the Nuclear Energy Act in the area of radiation protection. The cooperation agreement describes the interaction, communication and cooperation between different parts of the RB in the area of radiation protection. Besides the Cooperation Agreement for Radiation Protection, a Covenant was concluded in summer 2018 between the ANVS, the Minister of Infrastructure and Water Management, and the Minister of Finance regarding the legal tasks of the ANVS that are conducted by Customs.

Supporting organizations

The RB can rely on various national and foreign organizations that regularly provide technical support. In this section, the most important ones are introduced.

1. Governmental Supporting Organization RIVM: The RIVM is a specialized Dutch government agency. Its remit is to modernize, gather, generate and integrate knowledge and make it usable in the public domain. By performing these tasks, RIVM contributes to promoting the health of the population and the environment by providing protection against health risks and environmental damage. The RIVM, among other tasks, coordinates the Radiological and Health Expertise Network (RGEN), as part of the National Crisis Expert Team (radiation and nuclear). RGEN is a network of knowledge institutes which reports on the radiological and health consequences of nuclear and other radiation incidents. Furthermore, the RIVM supports the ministries with scientific studies and independent analyses of samples of emitted radioisotopes. RIVM also maintains the National Radioactivity Monitoring Network, which includes a network of measuring posts. RIVM works together with other (governmental) expert organizations such as the Royal National Meteorological Institute with models for the prediction of the effects of discharges of radioactive material in the air.

2. Technical support organizations (TSOs): To date, there is no national dedicated TSO. Organizations are contracted on an ad hoc basis to support the RB with various tasks. Support to the RB is provided by foreign TSOs and national and international consultancy organizations. Some major supporting organizations are listed below:

1. Gesellschaft für Anlagen- und Reaktorsicherheit (Global Research for Safety, GRS, Germany): The Dutch RB cooperates with this TSO. This is a TSO for the German national regulator and one of the large German TSOs. In the Netherlands, it evaluates safety cases and provides other types of consultancy to the RB. In addition, GRS provides associated education and training for governmental and commercial organizations. GRS currently has a major framework contract with the RB.

2. NRG in Petten and Arnhem provides consultancy and educational services to government and industry. The company has implemented “firewalling” procedures to protect the interests of its various clients and to avoid conflicts of interest. NRG is also a holder of a licence given by the ANVS. NRG currently has a framework contract with the RB.

3. Education and training organizations: The RID organization at the Technical University in Delft provides education and training in nuclear technology and radiation protection. For education on radiological protection and for dedicated training, the RB also contracts with universities, institutes and TSOs such as NRG and GRS.

Principal responsible authority

On the basis of the Nuclear Energy Act, the ANVS is the RB, the authority designated by the government as having legal authority for conducting the regulatory processes. This includes issuing licensing authorizations and providing supervision and enforcement, thereby regulating nuclear safety, security, radiation protection, radioactive waste management and transport safety.

The Nuclear Energy Act stipulates that a licence must be obtained to construct, commission, operate, modify or decommission an NPP. Similarly, the Act states that a licence is required to import, export, possess or dispose of fissionable material. The proper management of the (nuclear) licensing process is tasked to the ANVS.

Procedures

The procedures to obtain a licence under the Nuclear Energy Act (and other acts) follow the guidelines specified in the General Administrative Act. These procedures provide for public involvement in the licensing process. Any stakeholder is entitled to express his or her views regarding a proposed activity. The RB shall take notice of all views expressed and respond to them with careful reasoning. If the reply is not satisfactory, the RB can be challenged in court.

Coordination Law

For projects related to large scale energy generation, a special Coordination Law applies. Large scale projects that could be impacted by this law are for instance the construction of power plants with an electrical power greater than 500 MW(e) and investment in the power grid. The Coordination Law supposes involvement of the Ministry of Economic Affairs and Climate Policy. With such large projects, the Ministry coordinates between all authorities involved, each of which will perform its duties. Typical of such projects is the involvement of many levels of governmental organizations, from the ministries down to the municipal level.

EIA, safety assessment and processing comments of stakeholders

The Environmental Management Act distinguishes between activities that are subject to an EIA requirement and activities that are subject to an EIA review requirement.

• Activities subject to an EIA requirement: For some activities for which a Nuclear Energy Act licence is necessary, the Environmental Impact Assessment Decree indicates that an EIA is required given the significant damaging environmental impact these activities could have.

• Activities subject to an EIA review requirement: For other activities for which a Nuclear Energy Act licence is necessary, the ANVS as competent authority must first review whether these activities, because of the special circumstances under which they are carried out, could have a significant damaging environmental impact in accordance with the Environmental Impact Assessment Decree.

The EIA review may have two outcomes: an EIA is either necessary or not necessary. Because an EIA review is a formal procedure, the outcomes of the review are formally published and the decision is announced publicly.

It is conceivable that a proposed activity could have a significant impact in another country. If so, the ANVS informs these countries before the EIA procedure regarding the proposed activity starts. The ANVS involves the administrative bodies and citizens of those countries on equal terms with the Dutch administrative bodies and citizens in both the EIA review and the licensing procedures.

Prior to the formal licence application, the ANVS and the initiator enter into a stage of informal dialogue. In this dialogue the draft of the application, the EIA, if applicable, and the Safety Assessment Report are reviewed. The licence applicant submits the formal application, the documents (including the EIA if applicable) and all necessary information.

The ANVS assesses the application and draws up a draft decision. Thereafter the public might express its view on the draft decision and, if applicable, on the EIA. The ANVS will consider all views expressed by the public and will respond to all unique views. All responses will be added to the documentation of the definitive licence. Common responses of the ANVS include elaborations on policy, (assessment) techniques or other issues that need clarification.

Furthermore, the applicability and enforceability of the licence is evaluated by the inspectors of the ANVS. After this the ANVS draws up the final decision about the licence taking into account the submitted views. Finally, interested parties can lodge an appeal at the Administrative Law Judicial Division of the Council of State.

Licence conditions

The national legislative framework provides the generic nuclear safety and radiation protection objectives that apply to all nuclear installations. Specific requirements, tailored to the characteristics of the installations, are included in the licence.