1.1.1. Energy policy

1.1.2. Estimated available energy

1.1.3. Energy statistics

1.2.1. Electricity system and decision making process

1.2.2. Structure of electric power sector

1.2.3. Main indicators

2.1.1. Overview

2.1.2. Current organizational structure

2.2.1. Status and performance of nuclear power plants

2.2.2. Plant upgrading, plant life management and licence renewals

2.2.3. Permanent shutdown and decommissioning process

2.3.1. Nuclear power development strategy

2.3.2. Project management

2.3.3. Project funding

2.3.4. Electric grid development

2.3.5. Sites

2.3.6. Public awareness

Architectural engineers

The main Spanish engineering companies are Empresarios Agrupados, Initec, Inypsa and Sener, which have played an important role in the Spanish nuclear sector. They have collaborated in launching first generation NPPs and on successive projects, thus increasing progressively the nuclear installed capacity. In addition, other companies, such as Iberdrola Ingeniería y Construcción S.A.U or Técnicas Reunidas S.A. have made achievements in the nuclear sector. Their importance lies not only in their contribution to the Spanish nuclear sector, but also in their increasing international presence, which has become one of their main traits.

The construction projects of the first NPPs in Spain were turnkey projects. In subsequent projects, local engineering companies have been involved, yet the scope of each project has been different. Hence, the engineering companies have focused on different activities such as design, licensing, procurement operations and collaboration in startup and tests.

There are currently no NPPs under construction. Therefore, these companies have focused their action on other activities, such as operational support, shutdown and decommissioning, research and development and radioactive waste engineering.

NSSS manufacturers and component suppliers

The main Spanish NSSS manufacturer is Equipos Nucleares S.A. (ENSA). ENSA is a state owned company, owned by the State Society for Industrial Participation, as described in Section 2.1.2.

The mission of ENSA is to meet the demands of the Spanish nuclear power programme, providing some of the large components used for the construction of nuclear facilities. ENSA designs, produces and inspects primary circuit equipment and components for NPPs. Its manufacturing plant is located in Maliańo (Cantabria).

ENSA manufactures primary circuit equipment (reactor vessels, steam generators, etc.), as well as heat exchangers, racks and casks for storage and transportation of spent fuel assemblies, among others. In addition, ENSA has a division that provides services such as maintenance and repair of facilities, fuel managing, decontamination and dismantling.

Since its creation in 1973, ENSA has provided primary circuit equipment and components to the second and third generation Spanish NPPs. At present, it provides the dual-purpose casks for spent fuel storage and transport that are used in the ISF of Trillo NPP, as well as the casks that will be used in the ISFs of other NPPs, such as Ascó, Almaraz and Santa María de Garońa.

On the international level, ENSA exports components to several countries, including Argentina, Belgium, Finland, France, Germany, India, Republic of Korea, United Kingdom and the United States of America. ENSA has also manufactured the heat exchangers for the research and development (R&D) Jules Horowitz reactor (JHR), and will manufacture the fabrication of some components of the nuclear fusion reactor ITER.

Other component suppliers

NPPs built in Spain contain a large range of domestically made equipment and components. A list of national manufacturers of different components is here provided:

• Turbine: Enwesa Operaciones S.A., Tamoin S.L.U., Válvulas y Conexiones Ibéricas S.L.U.

• Pumps: Chepro, Amara S.A., Areva Madrid.

• Air compressors: Amara S.A., Tamoin S.L.U., Alfa Laval Iberia S.A.

• Valves: Ringo Válvulas S.L., Chepro, Enwesa Operaciones S.A.

• Electric equipment: Gamesa Electric, Elecor S.A.U.

• Instrumentation and control: Indra Sistemas, TSI-Ténicas y Servicios de Ingeniería S.L.

A full directory of the companies of the nuclear sector can be found at: https://www.sne.es/images/stories/recursos/enuclear/2017/Directorio2017_Empresas_Instituciones.pdf

Owners and operators

There are several modalities of ownership and operation in the Spanish NPPs: by a sole company, under co-ownership or by economic interest groupings (AIE). Table 8 presents the different owners, along with their share, as well as the different operators of Spanish NPPs.

TABLE 8. OWNERS AND OPERATORS OF SPANISH NPPS

* Due to the acquisition of Unión Fenosa Generación S.A., by Gas Natural SDG, S.A., the ownership was transferred. The transfer was authorized by order of the former Ministry of Industry, Tourism and Trade in 2010.

Table 8 only includes the current operative NPPs. Regarding the shutdown NPPs (further described in Section 2.6), the operators and licensees were:

• Vandellós I: HIFRENSA (Hispano-Francesa de Energía Nuclear S.A., a consortium of several Spanish and French companies).

• José Cabrera: Unión Fenosa S.A.; in 2009, the ownership was transferred from Unión Fenosa, S.A to Gas Natural SDG, S.A. due to the acquisition of the company.

• Santa María de Garońa: Nuclenor, company owned 50% by Iberdrola S.A. and 50% by Endesa S.A.

As mentioned in Section 2.2.3, after the definitive shutdown of a unit, the licence is transferred to ENRESA for its dismantling. Such was the case for Vandellós I and José Cabrera. Santa María de Garońa has not initiated the dismantling activities yet, and thus the transfer of ownership to ENRESA has not been declared.

Operation service suppliers and supporting organizations

Several companies provide operational services in the nuclear sector, including: TECNATOM (comprised of the principal electricity companies), Idom, LAINSA, ENWESA (comprised of ENSA (75%) and Westinghouse Technology Services (25%)) and NUSIM.

TECNATOM provides training services to NPP operating personnel and has pressurized water reactor (PWR) and boiling water reactor (BWR) simulators. TECNATOM has also carried out several in-service inspection and maintenance activities, giving support to the Spanish NPPs, and it is expanding its international presence to Eastern Europe, the Russian Federation and Ukraine. LAINSA, ENWESA and NUSIM focus on maintenance of and operational support to NPPs, quality assurance, radiological protection and various activities.

Article 38 bis of Law No. 25 of 29 April 1964 on nuclear energy [11] establishes that the management of radioactive waste, including spent fuel, and the dismantling and decommissioning of nuclear facilities is an essential public service. Hence, this public service corresponds exclusively to the State, which has commissioned it to ENRESA.

At present, the radioactive waste management and decommissioning procedures are regulated by the Regulation on Nuclear and Radioactive Facilities (Royal Decree No. 1836 of 3 December 1999 [15]) and by Royal Decree No. 102 of 21 February 2014 [17] on the safe and responsible management of spent fuel and radioactive waste. These regulations establish the actual framework for dismantling and decommissioning activities. Such activities require, on one hand, a dismantling licence, granted by MITECO, and on the other hand, the transfer of ownership from the prior operator to ENRESA.

In addition, according to the above mentioned regulation, the holder of the operating licence must condition the radioactive waste generated during NPP operation, and unload the fuel from the reactor and the pools during the pre-dismantling phase, prior to the granting of the dismantling licence.

Once the pre-dismantling activities have been performed, the licence for dismantling is granted, along with the authorization for the transfer of ownership to ENRESA, which becomes responsible for dismantling and decommissioning the NPP. On completion of the dismantling activities, and following verification of compliance with what is established in the site restoration plan and other required technical conditions, MITECO grants the declaration of decommissioning.

To date, as described in Section 2.2.3, three nuclear units have been shut down: Vandellós I (in 1990), José Cabrera (in 2006), and Santa María de Garońa (in 2013). However, only two of them have started their dismantling activities⁽⁶⁾: Vandellós I in 1998 and José Cabrera in 2010.

Vandellós I operated between 1972 and 1989. The dismantling licence was granted by ministerial order in 1998, along with the transfer of ownership from the operator to ENRESA. As described in Section 2.2.3, ENRESA carried out the dismantling activities between 1998 and 2003. Vandellós I is in a latency period of 25 years (the latency authorization was granted by ministerial order in 2005). During this period, the non-released parts of the site remain under the responsibility and surveillance of ENRESA. On completion of the latency period around 2028, ENRESA will start the last dismantling phase, including removal of the reactor box and its internals and the complete release of the site.

José Cabrera operated between 1969 and 2006. In May 2006, José Cabrera was shut down by Ministerial Order ITC/1652/2006, of 20 April 2006, from the former Ministry of Industry, Tourism and Trade, which declared the definitive shutdown of the plant. The licence for dismantling and the transfer of licence ownership to ENRESA were granted by Ministerial Order ITC/204/2010, of 1 February 2010. The dismantling is expected to finish in 2019. An ISF has been in operation since 2008. In 2009, the spent fuel housed in the NPP pool (377 fuel assemblies) was loaded into 12 dry storage casks that were taken to its ISF. The ISF also houses another four casks containing special waste, such as reactor internals.

Fuel cycle front end activities

The front end of the nuclear fuel cycle includes all the processes and activities related to the production of nuclear energy. In Spain, as mentioned in Section 2.1, the state owned company ENUSA is the organization in charge of all the nuclear fuel cycle front end activities, which includes the management of enriched uranium, the manufacture and supply of nuclear fuel and other activities related to the management and optimization of nuclear fuel.

This section presents a description of the operation of the different fuel cycle front end activities, to include mining and milling, uranium conversion, uranium enrichment and the manufacturing of fuel assemblies.

Mining and milling

There are no mining installations currently in operation in Spain. Due to the low uranium market price, ENUSA’s mining activities in Saelices el Chico (Salamanca) stopped at the end of 2000. The former uranium mining and milling facilities are at different stages of decommissioning and environmental restoration of the sites is ongoing.

The Quercus manufacturing plant of uranium concentrates located in Saelices El Chico (Salamanca) was definitively shut down in 2003 by Ministerial Order ECO/2275/2003, of 14 July 2003, and will start dismantling shortly. ENUSA applied for the dismantling and closure licence on 14 September 2015. The request is currently being assessed by the CSN. Nevertheless, regarding the supply of uranium concentrates, ENUSA owns 10% of COMINAK, a company from Niger, owned by several foreign companies engaged in uranium mining and uranium concentrates supply activities.

Uranium conversion and enrichment

There are no uranium conversion and enrichment facilities in Spain. ENUSA is in charge of uranium enrichment and conversion services required for the supply of enriched uranium to the Spanish nuclear reactors, acting as a procurement manager. ENUSA has signed several contracts with companies abroad with this purpose.

Fuel fabrication

ENUSA operates a nuclear fuel manufacturing plant located in Juzbado (Salamanca) that produces fuel elements for most PWRs and BWRs in Spain (all the Spanish plants, except for Trillo NPP) and for some reactors abroad. In 2017, the Juzbado nuclear fuel fabrication facility manufactured 737 fuel assemblies containing 292.8 tU. Of this total, 371 fuel assemblies containing 156.9 tU, representing 54% of the total production, were exported to Belgium, France and Germany. Acquisitions of uranium concentrates were from the Russian Federation (36.2%), Niger (33.6%), Namibia (17.5%) and Australia (12.7%).

Back End Activities

The back end of the nuclear fuel cycle includes the activities related to the management, storage, reprocessing and ultimate disposal of radioactive waste. In Spain, radioactive waste is classified into low and intermediate level waste, high level waste and special waste:

• Low and intermediate level waste (LILW): half-life under 30 years and very low content in long lived radionuclides. This group includes very low level waste (VLLW).

• High level waste (HLW): semi-disintegration period exceeding 30 years and high content in long lived radionuclides. This group includes spent fuel (SF).

• Special waste⁽⁷⁾ (SW): intermediate level waste that, due to its radiological features, cannot be managed as LILW.

In Spain, radioactive waste management, including spent fuel, and the dismantling and decommissioning of nuclear facilities constitute an essential public service [11] to be provided by the State — entrusted to ENRESA. Hence, the back end activities (except for reprocessing, not performed in Spain) are carried out by ENRESA, specifically according to Royal Decree No. 102 of 21 February 2014 [17]:

• Treating and conditioning radioactive waste, without prejudice to the responsibilities that correspond to the generators of these materials or to the holders of the licences;

• Locating sites, designing, constructing and operating storage and disposal facilities;

• Establishing systems that guarantee the safe management of radioactive waste in its facilities for storage and disposal;

• Establishing systems for the collection, transfer and transportation of radioactive waste;

• Managing the different operations related to the dismantling and decommissioning of nuclear facilities;

• Adopting security measures in the transport of radioactive waste, in accordance with the provisions of specific regulations on the transport of dangerous goods and with what the authorities and competent bodies determine;

• Acting, in the event of nuclear or radiological emergencies, in the manner and circumstances required by the competent authorities;

• Establishing training plans and research and development plans within the framework of the State Plan for Scientific and Technical Research and Innovation, which cover the needs of the General Radioactive Waste Plan;

• Carrying out the appropriate technical and economic studies, considering the deferred costs and outlining the proper economic policy;

• Managing the fund for financing the General Radioactive Waste Plan activities;

• Preparing and managing the national inventory of radioactive waste.

Nevertheless, the State is the owner of radioactive waste once it is definitively disposed of.

General Radioactive Waste Plan

The Government is responsible for establishing the policy regarding radioactive waste management, including spent nuclear fuel, and the dismantling and decommissioning of nuclear facilities, through the approval of the General Radioactive Waste Plan (GRWP) [18]. The GRWP is the basic reference document that deals with all the strategies and actions to be undertaken in Spain in the different fields of radioactive waste management and the dismantling of nuclear facilities, along with the corresponding economic-financial study.

According to law, ENRESA is responsible for drawing up reviews of the GRWP and submitting them to MITECO. The GRWP is then submitted for its approval to the Government, with previous reports by the CSN and after hearing the autonomous communities in relation to land planning and environment. The approval of the plan also requires, according to current legislation, a strategic environmental statement to be granted by the Secretariat of State for the Environment of MITECO.

The first GRWP was approved in 1987. The sixth GRWP has in force since its approval on 23 June 2006 by the Spanish Government. The basic reference scenario established is:

• A service lifetime of 40 years for operating NPPs;

• Open fuel cycle; that is, the option of reprocessing the spent fuel is not contemplated.

• Total dismantling (Level 3) of the light water NPPs.

The seventh GRWP is pending elaboration and will be based on the Comprehensive Energy and Climate Plan that the Government is developing, when it is approved.

Storage of spent fuel and management of high level waste

Since the 1983 National Energy Plan, irradiated fuel is considered HLW in Spain. The consecutive General Radioactive Waste Plan established the open cycle as the reference scenario, where reprocessing is not an option; the only exception is some spent fuel from José Cabrera and Santa María de Garońa and all the spent fuel from Vandellós I, which was sent abroad for reprocessing. Therefore, all the spent fuel generated by the Spanish reactors is stored on site in the plant pools.

In view of the foreseen saturation of the capacity of these pools, the original storage racks were progressively replaced with other more compact units throughout the 1990s. In most cases, this has allowed the need for spent fuel storage capacity additional to that provided by the pools to be deferred significantly over time.

More recently, additional storage capacity was needed in most of the NPPs. An ISF was therefore built and commissioned on the site of several NPPs (Trillo, in 2002, and Ascó in 2013) while others (Santa María de Garońa, Almaraz and Cofrentes) are currently in the process of licensing their ISFs. José Cabrera NPP, currently decommissioning, built and commissioned its ISF in 2008, before starting its dismantling process. For all of them, the spent fuel, after the period required for refrigeration, is transferred to those ISFs.

The basic strategy set out in the sixth GRWP for the provision of additional capacity for the short and medium term storage of spent fuel is the construction of a centralized storage facility (CSF) with an operating life of 60 years. The CSF will house spent fuel, HLW and special waste using a dry storage system, until the availability of a solution for its final disposal.

The CSF storage strategy was proposed to the Government in 2004, unanimously, by the Parliamentary Committee on Industry, which comprised representatives from all parliamentary groups. In 2006, the same Parliamentary Committee approved a non-law proposition on the set-up of an Interministerial Committee responsible for establishing the criteria to be met by the site to host the CSF. The site selection process⁽⁸⁾ finished with the Agreement of the Council of Ministers of 30 December 2011, approving the designation of the Municipality of Villar de Cańas (province of Cuenca) as the selected site.

Once the site was designated, the licensing process started. The process requires a preliminary licence, the construction licence and the operating licence, in accordance with specific nuclear legislation. These licences are granted by MITECO, and require a favourable report from the CSN. In addition, the preliminary licence requires an environmental impact statement, according to environmental legislation, to be issued by the Secretariat of State for the Environment of MITECO.

In January 2014, ENRESA requested preliminary and construction licences, according to the Regulation on Nuclear and Radioactive Facilities [15]. In July 2015 the CSN issued a favourable report for the preliminary licence. However, as the environmental impact assessment of the project is in progress at present, the preliminary licence has not been granted yet. The CSN report associated with the construction licence is still pending.

According to the current progress of the project, the CSF could be operational as early as 2024. Once the CSF is available, spent fuel from all the Spanish light water reactors will be gradually moved to the CSF. However, an interim storage facility is expected to be available in late 2021, to host the first casks, while the main facility is being constructed.

Reprocessing of High Level Radioactive Waste

As previously mentioned, Spain does not perform reprocessing activities. In the past, Spain opted for the reprocessing of the spent fuel from Vandellós I, José Cabrera and Santa María de Garońa NPPs. This practice was interrupted in 1982, except for Vandellós I, which shut down in 1989; its fuel had to be entirely reprocessed for technical reasons.

The fuel elements from José Cabrera and Santa María de Garońa NPPs were sent abroad for reprocessing. The contracts agreed that neither the recovered fissile material nor the radioactive waste resulting from reprocessing was to be sent back to Spain. However, for Vandellós I NPP, as committed to in the reprocessing contracts, a small quantity of HLW and special waste will be brought back to Spain to be managed in the CSF, when available.

Disposal of spent fuel and radioactive waste

In Spain, LILW and VLLW are managed separately from spent fuel and HLW (except for special waste, which is managed as spent fuel and HLW).

LILW and VLLW are conditioned and definitively disposed of in El Cabril disposal facility, which is operated by ENRESA. El Cabril has been in operation since 1992 for LILW. On 21 July 2008, the former Ministry of Industry, Energy and Tourism granted a licence for the VLLW disposal facility situated on the same site, consisting of four cells with a total capacity of 130 000 m³. At present, two of the four cells authorized have been constructed and operative since 2008 and 2016, respectively.

According to the latest estimation of ENRESA, the total volume of LILW and VLLW to be managed, conditioned and definitively disposed at El Cabril will be 201.705 m³, 55% of it VLLW.

Regarding the disposal of spent fuel and HLW, Directive 2011/70/Euratom⁽⁹⁾ acknowledges that the idea generally accepted by technicians is that deep geological disposal is the most sustainable and safe option. Hence, in line with the directive and with broad international consensus, the preferred option for spent fuel and HLW in Spain is deep geological disposal. It is estimated that the definitive disposal facility could start operation in 2068. It will house spent fuel, HLW and special waste. However, until a solution for disposal is available, the strategy in Spain is to construct a CSF, as described above.

ENRESA estimates that the total amount of material to be disposed of in Spain is 6 672 tU of spent fuel, 734 m³ of special waste derived from the dismantling of the reactors and 12 m³ of HLW derived from the reprocessing of the fuel of Vandellós I NPP⁽¹⁰⁾.

2.8.1. R&D organizations

2.8.2. Development of advanced nuclear power technologies

2.8.3. International cooperation and initiatives

Nuclear engineering and master programmes are active in three Spanish universities and in CIEMAT. The Spanish National Accreditation Agency (ANECA) certifies the quality of Spanish nuclear education. The Polytechnic University of Madrid (UPM) has received the ANECA Quality Award for its Masters in Nuclear Science and Technology. Furthermore, the Polytechnic University of Catalonia (UPC) includes a Masters of Nuclear Engineering in the training project InnoEnergy (European Masters in Nuclear Energy (MSc EMINE)).

Apart from universities, research institutes are also active in education and training. For example, a one year Masters in Nuclear Technology and Applications was established by CIEMAT. Nuclear research is also conducted in other research institutes involved with education programmes and the tutoring of doctoral theses, whose collaboration with other national and international institutions (e.g. universities such as Nevada or Penn State) have enhanced an increasing mobility and have attracted new students who will compensate for the rising need of human resources in the field.

It is also worth mentioning the important role played by the Nuclear Industry Forum and the Spanish Nuclear Society (SNE) regarding education and training: seminars, summer school programmes and the provision of grants and prizes for students.

Finally, in order to ensure that NPPs and other industrial facilities have optimally qualified operations, maintenance, engineering and technical support personnel whose performance serves to improve safety, availability and economic efficiency, TECNATOM provides overall training services in the following fields: process technology, operation and maintenance, non-destructive testing of materials, human factors and management skills. Similarly, the engineering company Empresarios Agrupados and CIEMAT are also setting up new training programmes.

Stakeholder communication is present in the activities performed by the different organizations related to nuclear energy.

The most important mission of the CSN is to guarantee that people and the environment are protected against radiation. This objective includes working with maximum transparency to ensure that the public is duly informed. The obligations for the Council regarding information and communication are channelled along three routes: information for state institutions, in the areas with nearby nuclear installations, and for the public.

With respect to communication, one of the most important means is its web site (http://www.csn.es), which provides interest groups and the public with documents offering detailed information on the work done in the field. This information includes the minutes of the plenary meetings, inspection reports and other useful information, such as publications, current regulations, answers to parliamentary questions, operating status of NPPs, events reported by the licensees and the environmental values collected. Furthermore, since 2007, it is possible to access the Integrated Plant Supervision System (SISC), which has become a fundamental tool with respect to the transparency of communication with the public on the assessment of NPP performance and the planning of its regulatory efforts.

In addition, Law No. 33 of 7 November 2007, which amended Law No. 15 of 22 April 1980, which created the CSN, was very ambitious in terms of public information. The aim was to increase the transparency of the CSN and to promote confidence among the public regarding the activities of the Council. The law also contemplates the existence of an Advisory Committee for Public Information and Participation, made up of representatives of various social organizations and institutions, the mission of which is to make recommendations to improve transparency and propose measures to stimulate access to information and the participation of the public in areas for which the Council is responsible.

MITECO also provides information through its web pages (http://www.minetad.gob.es for energy issues and http://www.mapama.gob.es/en/ for environmental issues). It establishes that corresponding documentation must be transferred to the autonomous communities with responsibilities for land planning and the environment whose territory houses the facility prior to granting licences for nuclear installations. Within the arrangements for the request for a preliminary licence for an NPP, a specific public information process is envisaged. According to the Regulation on Nuclear and Radioactive Facilities, MITECO shall send a copy of the request to the respective regional Government office for the latter to open a period of public information. This period is initiated by the publication in the official state gazette and in that of the corresponding autonomous community of an announcement setting out the objective and the main characteristics of the facility. This announcement shall establish that those persons and entities that consider themselves to be affected by the project may, within 30 days, present whatever written allegations they deem to be appropriate. As for nuclear regulatory matters, MITECO publishes on its web page e bills and other general regulation provisions as part of the legislative process.

The Regulation on Nuclear and Radioactive Facilities contemplates the operation of local information committees, which are forums for information and public participation whose objective is to inform and educate the local population on nuclear safety and radiation protection, for which an annual meeting is held and presided over by the MITECO.

As for environmental matters, Spain ratified the Aarhus Convention in 2004, which was materialized in national legislation through Law No. 27 of 18 July 2006, which regulates the right of access to information, public participation and access to justice in relation to environmental issues.

Finally, Parliament approved Law No. 19 of 9 December 2013, on transparency, access to public information and good governance. The aim of the law is to strengthen and improve the transparency of public activity, to regulate and guarantee the right of access to information related to public activity and to set up the duties derived from good governance, which public managers must fulfil. In order to comply with Law No. 19 of 2013, the Spanish government created a transparency portal (http://transparencia.gob.es) in 2014. The portal publishes all the information related to the National State Administration that Law No. 19 of 2013 requires, as well as all the information that people usually request.

Derived from Law No. 19 of 2013, ENRESA and the CSN have also set up specific transparency portals⁽¹¹⁾ for their own activity. The aim is to foster transparency and provide structured and easily accessed information.

Nuclear and radiological emergencies in Spain are regulated by the national public protection system and the requirements set out for using nuclear power and ionizing radiation. Public protection serves as the basis for the general principles of organization, the responsibilities and the rights and duties of the citizens, the public administrations and the licensees of practices regarding the planning, preparedness and response to emergencies. There are also established emergency plans for actions outside the facilities when accidents occurring within have the potential to affect third parties.

From the nuclear regulation perspective, emergency plans are required in every radiological practice, with specific criteria set for the levels and techniques of intervention as well as the protective measures on which the plans are based. Some activities are not covered by nuclear or radiological regulations but also have emergency action plans if there is a radiation risk. Given the special nature of nuclear and radiation emergencies, the CSN assumes a series of functions in this matter that go beyond its competencies as a nuclear regulatory body.

To carry out these functions with an appropriate degree of effectiveness and efficiency, the CSN has an emergency organization that complements its normal working organization. The emergency organization has an operational structure under a single command, the chair, who manages and takes decisions, and in which its technical and logistics units participate according to an action plan set up specifically for these cases and that is activated depending on the severity of the accident that triggers the emergency.

Nuclear and radiation emergencies can give rise to situations with a serious risk of exposing the public to ionizing radiation. For this reason, Spanish legislation requires the licensees of these installations and the public authorities to have emergency plans to guarantee the protection of the public in the event of an accident.

The standards issued in Spain for nuclear radiation emergencies are:

• Basic Nuclear Emergency Plan (PLABEN), for nuclear emergencies in NPPs in operation.

• The Basic Directive on Civil Protection Planning against Radiological Risks, which applies to radiological emergencies originating in facilities and activities that use nuclear and radioactive materials, excluding NPPs.

• The National Plan of Civil Protection against Radiological Risk, approved by Royal Decree No. 1054 of 20 November 2015, which establishes the organization and procedures of the resources of the State, as well as other public and private entities, that are necessary to ensure a quick and effective response of the public administration against different radiologic emergency situations that could affect the population.

• Basic Directive on Civil Protection Planning against the Risk of Accidents in Road and Rail Transport of Hazardous Goods, applied to all types of dangerous goods transport, including class 7 materials — radioactive materials.

These rules and regulations set the criteria for planning, preparing for and responding to any nuclear or radiological emergency. The response to these emergencies is structured on two levels:

1. The on-site response level involves plans focused on reducing or mitigating the consequences of accidents at their origin. Their preparation and application is the responsibility of the licensee of the facility in which the accident occurred and is supervised by the CSN.

2. The off-site response level involves the plans aimed at avoiding or at least reducing as far as possible the adverse effects of ionizing radiation on the public and its property. This objective is the joint responsibility of the licensee and the public entities and organizations with competencies and functions regarding the protection of the public against nuclear and radiological risks.

For further information: https://www.csn.es/en/respuesta-a-emergencias

3.1.1. Regulatory authority(ies)

3.1.2. Licensing process

In Spain, the nuclear sector is governed by a large number of laws, royal decrees and ministerial orders. On a more detailed level, the CSN approves instructions, which are binding technical standards, as well as other non-binding documents.

Main laws on nuclear power

Establishing responsibilities for different areas

• Law No. 25 of 29 April 1964 [11] on nuclear energy (the Nuclear Energy Act). It defines the basic aspects of the nuclear sector, such as identification of administrative authorities and organizations, system of authorizations for nuclear and radioactive facilities and for the possession and use of radioactive materials, measures for safety and protection against ionizing radiation, nuclear third party liability for nuclear damages or a sanctions regime. The law was amended on several occasions.

Establishing a regulatory body

• Law No. 15 of 22 April 1980 [12], creating the Nuclear Safety Council. It regulates the actuation of the CSN, along with its statute, approved by Royal Decree No. 1440 of 5 November 2010. Several laws have amended some of the initial provisions: Law No. 14 of 4 May 1999, governing public tariffs and prices for its services, and Law No. 33 of 7 November 2007, which gathered all the amendments from 1980, adapted Law No. 15 of 1980 to the increasing social sensibility related to the environment, and reinforced both the transparency and efficiency of the CSN.

Funding

• The sixth additional provision of Law No. 54 of 27 November 1997 [1], on the electric sector, regulates the fund for the financing of radioactive waste and spent fuel management activities, including the dismantling and decommissioning of nuclear facilities. The fund is known as the Fund for the Financing of Activities Included in the General Radioactive Waste Plan. Law No. 54 of 1997 was repealed by Law No. 24 of 26 December 2013 [3], on the electric sector, except for some particular provisions, such as the mentioned sixth additional provision, which was amended by Law No. 11 of 2009 and Law No. 2 of 2011.

Civil nuclear liability

• Law No. 25 of 29 April 1964 [11], on nuclear energy, currently regulates civil nuclear liability for nuclear damage. The regulation is set up in accordance with the principles on international conventions in this field, in which Spain is the contracting party (Paris and Brussels Supplementary Conventions). In 2004, these conventions were modified. In order to adapt these amendments to Spanish legislation, Law No. 12 of 27 May 2011, on civil liability for nuclear damage or damage caused by radioactive materials, will regulate civil nuclear liability when it enters into force, subject to the entry into force of the 2004 protocols that amend both conventions.

Implementing IAEA safeguards

• The Spanish regime in relation to safeguards and non-proliferation is governed by the Euratom Regulation No. 302 of 2005. The Additional Protocol to the Safeguards Agreement, signed jointly by Spain, Euratom and the IAEA, is adapted by means of Royal Decree No. 1206 of 19 September 2003, for the application of the commitments undertaken by the Spanish State in the Additional Protocol to the Safeguards Agreement deriving from the Treaty on the Non-Proliferation of Nuclear Weapons.

Rules for environmental protection

• Law No. 21 of 9 December 2013, on environmental assessment, is the main current legislation regarding environmental protection. In addition, the public access to environmental information is regulated by Law No. 27 of 18 July 2006, regulating the rights of access to information, public participation and access to justice in the area of the environment.

Import and export controls of nuclear material and items

• The commercial regime for imports and exports is determined by EU regulations and specific national legislation, such as Law No. 53 of 28 December 2007, on the control of overseas trading of defence and dual-use materials. The law was developed by Royal Decree No. 2061 of 2008.

Mining and milling

• The Mines Act (Law No. 22 of 21 July 1973) regulates the general mining regime. Law No. 54 of 1980 amended Law No. 22 of 1973, introducing a new section⁽¹³⁾, Section D, which includes coal, radioactive minerals, geothermal resources and bituminous rocks. Law No. 25 of 29 April 1964, on nuclear energy, also applies to radioactive minerals.

Taxes

• Law No. 15 of 27 December 2012, on fiscal measures for energy sustainability, introduced two new national taxes: a tax on the production of spent fuel and radioactive waste derived from the generation of nuclear energy, and a tax on spent fuel and radioactive waste storage in centralized installations. Law No. 16 of 29 October 2013, amended Law No. 15 of 2012, establishing specific measures in relation to environmental taxation and adopting other tax and financial measures.

Main regulations on nuclear power

Regulation for establishing an authorization system, responsibilities of the operator, inspection and enforcement, site selection and approval

• Royal Decree No. 1836 of 3 December 1999 [15], approving the Regulation on Nuclear and Radioactive Facilities, develops Law No. 25 of 29 of April 1964, on nuclear energy, in the aspects related to the system of authorizations, the personnel certification, the responsibilities of the operators, and inspection and control activities.

Radiation protection, including protection of the public, employees and the environment

• Royal Decree No. 783 of 6 July 2001, formulates the Regulation of Sanitary Protection against Ionized Radiation. It was amended by Royal Decree No. 1439 of 5 November 2010, in order to modify some provisions related to natural sources of ionizing radiation. Royal Decree No. 783 of 2001 is currently being reviewed in order to include the provisions established in Directive 2013/59/Euratom of 5 December 2013, laying down basic safety standards for protection against the dangers arising from exposure to ionizing radiation.

• Royal Decree No. 1132 of 14 September 1990, establishes fundamental measures for the radiological protection of persons submitted to medical examinations and treatments.

• Royal Decree No. 413 of 21 March 1997, on the operational protection of off-site workers exposed to ionizing radiation due to their intervention in the controlled zone.

• Royal Decree No. 815 of 13 July 2001, on the justification of the use of ionizing radiation for the radiological protection of people subjected to medical exposure.

• Royal Decree No. 1085 of 3 July 2009, approving the regulation on the installation and the use of medical diagnosis X ray devices.

• Royal Decree No. 229 of 24 February 2006, on the control of high activity encapsulated radioactive sources and orphan sources.

Security of nuclear installations

• Royal Decree No. 1308 of 26 September 2011, on physical protection of installations, radioactive materials and radioactive sources, amended by Royal Decree No. 1086 of 2015, incorporates into Spanish legislation the commitments accepted by Spain on physical protection matters, particularly the Amendment to the Convention on the Physical Protection of Nuclear Materials (approved in July 2005), the International Convention for the Suppression of Acts of Nuclear Terrorism (ratified in January 2007), and the UN Security Council Resolution No. 1540 of 2004, on non-proliferation of nuclear, chemical and biological weapons.

Nuclear fuel cycle front end activities

• Royal Decree No. 1464 of 17 September 1999, regulates the activities of the nuclear fuel cycle front end.

Radioactive waste and spent fuel management, including storage and disposal; decommissioning, including funding and institutional control

• Royal Decree No. 102 of 21 February 2014, on the responsible and safe management of spent fuel and radioactive waste, regulates the management of spent fuel and radioactive waste derived from civil activities, from its generation to its disposal, as well as some aspects related to the funding of such activities, complying with the community framework.

• Royal Decree No. 243 of 27 February 2009, regulates the monitoring and control of movements of radioactive waste and spent nuclear fuel across member states, or with origins or destination outside the EU.

Emergency preparedness

• The planning and preparation for nuclear emergencies is regulated by the Basic Nuclear Emergency Plan (PLABEN), approved by Royal Decree No. 1546 of 2004.

• Royal Decree No. 1057 of 20 November 2015, approves the National Plan on Civil Protection against Radiologic Risks.

Transport of radioactive material

• Transport of radioactive materials is regulated in a great number of provisions, including the Law on Nuclear Energy, and the Regulation on Nuclear and Radioactive Facilities. Specific standards applicable to the transport of hazardous goods are:

• Road transports: Royal Decree No. 97 of 5 May 2014, regulating road transport operations with hazardous goods in the Spanish territory. It includes all the provisions of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR).

• Rail transports: Royal Decree No. 412 of 20 April 2001, regulating some aspects relating to the transport of hazardous good by rail, incorporates the provisions of the Regulation concerning the International Carriage of Goods by Rail (RID).

• Air transports: Royal Decree No. 552 of 27 June 2014, setting up the Regulation of the Air and establishing common operative provisions for the services and provisions of aerial navigation.

• Maritime transports: The International Maritime Dangerous Goods (IMDG) published by the International Maritime Organization (IMO), and the National Admission, Handling and Storage Regulation for hazardous goods at ports, approved by Royal Decree No. 145 of 20 January 1989.

All technical provisions for the transport of radioactive material contained in the aforementioned regulations are founded on IAEA Safety Standards Series No. SSR-6 (Rev. 1), Regulations for the Safe Transport of Radioactive Material.

Name of report coordinator:

Irene Dovale Hernández

Institution:

Ministry for the Ecological Transition (MITECO)

Contact details:

MITECO

Directorate-General for Energy Policy and Mines

Deputy Directorate-General for Nuclear Energy

Paseo de la Castellana, 160

28071 Madrid (Spain)

sgenergianuclear@minetad.es

⁽¹⁾ http://www.minetad.gob.es

⁽²⁾ http://www.cnmc.es/

⁽³⁾ Formerly Empresa Nacional del Uranio S.A.; currently Enusa Industrias Avanzadas S.A., S.M.E.

⁽⁴⁾ http://www.csn.es

⁽⁵⁾ Formerly Empresa Nacional de Residuos Radiactivos S.A; currently ENRESA S.A., S.M.E, S.P.

⁽⁶⁾ For information about their current status, see Section 2.2.3.

⁽⁷⁾ SW includes nuclear fuel attachments, neutron sources, used in-core instrumentation or the components from the reactor vessel system and internal components of the reactor, generally metallic.

⁽⁸⁾ For further information regarding the process of site selection, visit http://www.emplazamientoatc.es

⁽⁹⁾ Directive 2011/70/Euratom, of 19 July 2011, establishing a community framework for the responsible and safe management of spent fuel and radioactive waste.

⁽¹⁰⁾ See Section 2.7 for further information.

⁽¹¹⁾ ENRESA: http://www.enresa.es/esp/inicio/portal-de-transparencia; CSN https://www.csn.es/en/transparencia

⁽¹²⁾ Royal Decree No. 903 of 2017 establishes the organic structure of the former Ministry of Energy, Tourism and the Digital Agenda. Since the ministerial restructuring of June 2018, the competencies on energy are held by the Ministry for the Ecological Transition (MITECO). However, the decree establishing its organic structure is still pending.

⁽¹³⁾ Law No. 22 of 1973 divides geological resources into sections, depending on their economic value and final use.