Overaching Turkish energy policy focuses on assuring the supply of energy in a reliable, sufficient, timely manner. Energy and electricity production are to be obtained in economical and clean terms, and in such a way as to support and orient targeted growth and social development. Prepared by the Ministry of Energy and Natural Resources (MENR), the National Energy and Mining Policy of Turkey has developed plans in line with three considerations: security of supply, indigenous production and potential projections of the foreseeable market.

1. The main aims of security of supply are to achieve diversification of energy resources and markets, sustainability and reliability of resource transfer, and a reduction in the cost of imported energy products. Security of supply is also closely related to a strong economy and national security. The issue of security of supply is discussed under five headings: diversification of energy resources and supplier countries, natural gas and oil storage facilities, capacity to provide natural gas to the system, energy delivery infrastructure and energy efficiency.

2. Indigenous energy production using national resources is important in achieving energy independence. In this regard, indigenization is critically important for Turkey to add a new dimension to its policies and strategies to reduce the country’s dependence on imports. Many public and private sector institutions and organizations, in particular the MENR, are expending efforts to increase the use of national energy resources. In order to decrease Turkey’s dependence on imported energy, there are plans to increase the use of renewable energy resources, domestic coal and nuclear energy, and to tap into domestic oil and natural gas reserves.

3. Turkey intends to improve its electricity market and build up a proper natural gas market, restructure institutions in the energy sector and rehabilitate the infrastructure of the energy supply. The National Energy and Mining Policy reveals several strategies and objectives in order to create a more foreseeable, transparent and investor friendly energy market. In recent years, a series of major energy projects have been signed and these projects will contribute to Turkey’s goal of having a greater role as an energy trading hub.

Policy issues related to energy are within the responsibility of the MENR. Energy planning studies, taking into account short, medium and long term policies and measures, are carried out by the MENR within the framework of the above listed objectives.

Although conventional resources exist in Turkey, these resources are not sufficient to meet the projected growth in energy demand, except for lignite and hydro. To date, around 72% of energy demand is met through imports. Energy planning studies indicate that Turkey’s energy demand will continue to increase in parallel with economic development, industrialization and urbanization. In this context, Turkey has intensified efforts at further diversification in primary energy sources, imports (diversifying in both type and origin), technologies and infrastructures, while accelerating the production and utilization of remaining domestic resources potential and efficiency gains along the energy supply–demand chain.

Turkey became a party to the United Nations Framework Convention on Climate Change (UNFCCC) in 2004, based on the principle of “common but differentiated responsibilities”. The law regarding the accession of Turkey to the UNFCCC was adopted by the Turkish Grand National Assembly in October 2003 and entered into force on 24 May 2004. Studies are underway for the first National Communication to be submitted to the UNFCCC Secretariat. The Kyoto Protocol was ratified by the Turkish Parliament on 5 February 2009. Improvement of energy efficiency, greater utilization of renewable sources, deployment of clean coal technologies and the introduction of nuclear power are among the main strategies involved in addressing the challenges within the energy–environment linkage.

In order to meet the increasing energy demand without disruption, Turkey continues to develop policies to meet a considerable part of its energy demand by increasing power generation from domestic resources, enabling energy markets to gain depth.

Available energy sources are shown in Table 1.

TABLE 1. ESTIMATED AVAILABLE ENERGY SOURCES

Hydro and other renewable (geothermal, solar and wind) values given as their maximum available potentials.

^* Geothermal potential is equal to 0.0072 TW(e).

Source: Ministry of Energy and Natural Resources.

Historical energy data are shown in Table 2.

TABLE 2. ENERGY STATISTICS

^* Lastest available data

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

^*** Solid fuels includes coal, lignite petrocoke and biomass

Source: Ministry of Energy and Natural Resources.

In parallel with economic growth and social development, electricity demand has shown a significant increase over the past decades, reaching 303.7 TWh by the end of 2019.

Turkey has coal (mostly lignite) and hydro resources for electricity generation (Fig. 1). The share of domestic resources for electricity generation was 61.71% in 2019. Turkey attaches utmost importance to the utilization of the remaining potential, with due regard, to cope with the risks stemming from import dependency. Integration of nuclear power plants into the Turkish electricity grid is also being considered as an essential tool to enhance supply security, while strengthening greenhouse gas emission mitigation efforts.

The Electricity Market Law (Law No. 6446) was enacted in 2013 in order to conduct market operating activities in a more effective way. In addition, a new corporation, the Energy Markets Operating Corporation (EPIAS), was introduced under this new law, creating a formal electricity wholesale market as well. Since April 2015, EPIAS is the new operator of the wholesale market for electricity which includes the day-ahead market and a continuous intraday market since July 2015.

The Turkish transmission network has cross-border lines to the electricity grids of all its neighbouring countries. However, Turkey is synchronously connected only to Greece and Bulgaria.

The goals of the National Energy and Mining Policy regarding electricity generation can be summarized as follows:

• To increase domestic energy production;

• To increase the share of renewable energy in total energy production to at least 30% (this goal has already been achieved by the end of 2019 with a total renewables share, including hydro, to reach 43.9% in total elecricity generation);

• To increase the share of nuclear power plants in electricity generation to at least 10%.

FIG. 1. Electricity generation distribution, depending on energy sources (as of the end of 2019).

The MENR is the main body of the Turkish energy sector and is responsible for the preparation and implementation of energy policies, plans and programmes, in coordination with its dependent and related institutions and other public and private entities. The Ministry is responsible for monitoring and taking measures regarding the security of the electricity supply.

The Energy Market Regulatory Authority (EMRA) is the regulator of the electricity, natural gas, downstream petroleum and liquefied petroleum gas (LPG) products markets. EMRA is responsible for granting licences for activities in the gas and electricity markets for generation (including electricity generated from renewable sources), transmission, distribution, wholesale, retail, import and export.

The Electricity Generation Company (EÜAS) is the state owned generation company responsible for the operation of existing power plants owned by the public.

The Turkish Electricity Transmission Company (TEIAS) is the transmission system operator and is responsible for planning, installing and operating the transmission grid, for providing system security such that transmission constraints will be minimized, and for preparing generation capacity projection and the 20 Year Long Term Electricity Generation Development Plan.

Within the context of the Decree Law No. 703 published in the Official Gazette No. 30473 (bis) of 9 July 2018, Turkish Electricity Trading and Contracting Co. (TETAS) and Electricity Generation Company (EÜAS) unified under the structure of EÜAS and duties, authorities and responsibilities of former TETAS are now being performed by EÜAS.

Distribution companies: Twenty-one distribution companies with their own geographical region are all legally unbundled and privatized through transfer of operating rights contracts. The ownership of the distribution network asset remains with the state (with TEDAS as the holding company)

Electricity production, consumption and capacity are shown in Table 3, and energy related ratios are shown in Table 4.

TABLE 3. ELECTRICITY PRODUCTION, CONSUMPTION AND CAPACITY

^* Electricity transmission losses are not deducted.

Source: Turkish Electricity Transmission Company and Ministry of Energy and Natural Resources.

TABLE 4. ENERGY RELATED RATIOS

^* Electricity transmission losses are not deducted.

—: data not available.

Source: Ministry of Energy and Natural Resources.

Since 1970, Turkey has had plans in place to establish nuclear power generation capabilities. In order to meet the increasing domestic demand for energy and reduce its dependence on energy imports, various initiatives were undertaken in the past to build Turkey’s NPP.

Regarding the nuclear history of Turkey, studies to build an NPP in Turkey started in 1965. Later, between 1967 and 1970, a feasibility study was undertaken by a foreign consulting company to build a 300–400 MW NPP. This plant would have been in operation in 1977. However, the project did not come to fruition because of problems related to site selection, among other reasons.

In 1973, the Turkish Electricity Authority (TEK) decided to build an 80 MW(e) prototype plant. However, in 1974, the project was cancelled because it could have delayed the construction of a greater capacity NPP. Instead of this prototype plant, TEK decided to build a 600 MW(e) NPP in southern Turkey.

Site selection studies were made in 1974 and 1975, and the Gulnar–Akkuyu location was found suitable for the construction of the first NPP. In 1976, the Atomic Energy Commission granted a site licence for Akkuyu. In 1977, a bid was prepared, and the ASEA-ATOM and STAL-LAVAL companies were awarded the contract. Contract negotiations continued until 1980. However, in September 1980, the withdrawal of a loan guarantee led to the project’s cancellation.

A third attempt was made in 1980. Three companies were awarded the contract to build four nuclear power plants: one Canada deuterium–uranium (CANDU) reactor unit by Atomic Energy of Canada Limited (AECL), one pressurized water reactor unit by Kraftwerk Union AG (KWU) in Akkuyu, and two boiling water reactor units by General Electric in Sinop. Due to Turkey’s request to apply the build–operate–transfer (BOT) model, KWU resigned from the bid. Although AECL accepted the BOT model, it insisted upon a governmental guarantee of the BOT credit. The Turkish government refused to give such a guarantee, and consequently the project was cancelled.

In 1993, the Supreme Council for Science and Technology identified nuclear electricity generation as the project of third highest priority for the country. In view of this decision, the Turkish Electricity Generation and Transmission Company (TEAS) included a nuclear power plant project in its 1993 investment programme. In 1995, TEAS selected the Korea Atomic Energy Research Institute (KAERI) as the consultant for the preparation of the bid specifications. The bid process started in 1996. Three consortia (AECL, Nuclear Power International and Westinghouse) offered proposals in 1997.

In July 2000, after a series of delays, the government decided to postpone the project.

Following this delay, the Law on Construction and Operation of Nuclear Power Plants and the Sale of Energy Generated (Law No. 5710) was ratified; it entered into force on 21 November 2007.

The Regulation Regarding the Principles, Procedures, and Incentives for the Contracts and the Contest that will be made within the context of the Law on the Construction and Operation of Nuclear Power Plants and the Sale of the Energy Generated was published in the Official Gazette on 19 March 2008. The purpose of the regulation is to regulate the procedures and principles regarding the construction and operation of NPPs for electrical energy production, and to regulate energy sales.

In accordance with this, the Turkish Energy, Nuclear and Mining Research Authority (TENMAK) issued a set of criteria that establish general principles to ideally be met by investors.

A competition for construction and operation of NPPs and energy sale was held on 24 September 2008 by the TETAS for the construction of NPP units on the Akkuyu site.

Only one consortium bid for the competition. After evaluating the technical documents provided by the consortium, TENMAK announced, on 19 December 2008, that the proposed NPP met TENMAK ’s criteria.

The last envelope provided by the consortium on 24 September 2008, including the energy sale unit price, was opened by TETAS on 19 January 2009. After assessment, the competition performed on 24 September 2008 was canceled by TETAS on 20 November 2009.

2.1.1.1. Akkuyu Nuclear Power Plant

Direct negotiations with the Russian Federation to build an NPP on the Akkuyu site in Turkey started in February 2010 and concluded with an intergovernmental agreement (IGA) based on a build–own–operate (BOO) model. The agreement was signed on 12 May 2010. It aims to build nuclear capacity in Turkey through mutual cooperation, ranging from NPP construction and operation in Akkuyu–Mersin, to decommissioning.

For the implementation phase of the project, the Akkuyu Nuclear Power Plant Electricity Generation Joint Stock Company (Akkuyu Project Company or APC) was established on 13 December 2010. On 7 February 2011, TENMAK recognized APC as the owner, according to the Decree on Licensing of Nuclear Installations. Akkuyu NPP Electricity Generation JSC was renamed and registered as Akkuyu Nuclear JSC in September 2014.

In 2011, the Akkuyu site, with the existing site licence, was given to APC. Then, APC started site investigations in Akkuyu to update site characteristics and parameters, according to the national procedures laid out in the Decree on Licensing of Nuclear Installations. In May 2012, APC submitted an updated site report (USR) to TENMAK . A review and assessment were conducted by TENMAK, its Advisory Committee on Nuclear Safety and the IAEA, and a positive decision for the USR was given in December 2013. Then, a site parameters report (SPR) was submitted to TENMAK in November 2014. The updated SPR (Rev. 2), which addresses the site licence’s validity, was submitted to TENMAK in December 2015. The report was updated according to TENMAK’s evaluation findings. The SPR (Rev. 4), which was presented by Akkuyu Nuclear JSC and which includes the results of detailed site investigations performed at the NPP site and the precise values of the project parameters, was approved by TENMAK on 9 February 2017.

On 3 March 2017, Akkuyu Nuclear JSC applied to TENMAK for a construction licence for Akkuyu NPP Unit 1 and was awarded a limited work permit on 20 October 2017. Under this permit, APC began construction of that part of the building and infrastructure unrelated to nuclear safety, such as the port, road and personnel buildings. After reviewing the licence application documents, TENMAK issued the construction licence on 2 April 2018. With this licence, APC started on construction of nuclear safety related buildings and infrastructures, such as a reactor or turbine buildings. On 3 April 2018, construction of the first unit of Akkuyu NPP formally launched with the pouring of concrete for the sub-base foundation of the nuclear island.

APC applied to the Ministry of the Environment and Urbanism (MOEU) for an environmental impact assessment (EIA) on 2 December 2011 and submitted the EIA to MOEU on 6 December 2013. An affirmative decision was given on 1 December 2014.

APC obtained an electricity generation licence for 49 years from EMRA on 15 June 2017. In addition, APC and TETAS signed a power purchase agreement (PPA) on 30 December 2017.

On 2 December 2019, the connection agreement between APC and TEIAS was signed. Within the framework of the agreement, the power generated by Akkuyu NPP will be transmitted from the Akkuyu NPP switchgear via 400 kV power lines to six transformer substations that are part of Turkey’s unified energy system. The total length of the high voltage lines that will be built as part of the Akkuyu NPP power distribution scheme will exceed 1000 km. The execution of the transmission grid connection agreement is an essential requirement of the Turkish Electricity Market Law and a number of other regulatory and legal acts of the Republic of Turkey. All the power lines to be connected to Akkuyu NPP will be built and maintained by the TEIAS. Fundamental aspects of the IGA to build and operate a nuclear power plant on the Akkuyu site in Turkey include the following:

• The Russian party established a joint stock project company in Turkey initially with a 100% share.

• The Turkish party allocated Akkuyu site to the project company free of charge until the decommissioning of the NPP. Other additional land shall also be allocated free of charge if required.

• The Russian party’s share will never be below 51% at any time (and the Government of the Russian Federation will be the guarantor of the project).

• APC will be the owner of the NPP.

• The general contractor will be JSC Atomstroyexport (ASE).

• The Russian party shall provide funding to ASE for the construction of the NPPs.

• The 15 year PPA will be awarded to APC for:

• 70% of the electricity generated by Units 1 and 2;

• 30% of the electricity generated by Units 3 and 4.

• Generated electricity shall be bought by TETAS through a PPA for 15 years at USD $0.1235/kW?h (fixed price, no escalation) on weighted average.

• In case of less production than the volume stipulated in the PPA, APC shall fulfill its obligations by providing the missing electricity.

• Nuclear fuel shall be sourced from suppliers based on long term agreements entered into between APC and the suppliers.

• Subject to separate agreements that may be agreed by the parties, spent nuclear fuel of Russian origin may be reprocessed in the Russian Federation.

• APC is responsible for decommissioning and waste management for the NPP. Within this framework, APC will make the necessary payments to relevant funds.

• For the PPA period:

• USD $0.0015/kW?h shall be paid for spent fuel and radioactive waste management;

• USD $0.0015/kW?h shall be paid for decommissioning.

• With regard to electricity sold outside the framework of the PPA, APC will make necessary payments to relevant funds stipulated by the applicable Turkish laws and regulations.

• Turkish companies and citizens will be included in the project to the extent possible.

• The project will be subject to all applicable laws, regulations and codes in Turkey. All necessary licences, permits and approvals from related governmental organizations shall be obtained by APC.

2.1.1.2. Sinop Nuclear Power Plant

Electricity Generation Joint Stock Company (EUAS) is a state owned company and the largest electricity generation company in Turkey. EUAS operates the existing hydraulic and thermal power plants, including their maintenance, repair and rehabilitation. EUAS has been given the role of the state operating organization for NPPs that are owned and operated by the state (as a whole owner or shareholder).

EUAS applied to TENMAK as an owner on 2 August 2012. EUAS was recognized by TENMAK as an owner on 22 August 2012. After being recognized as an owner by TENMAK, EUAS initiated the preparation of the site report for the Sinop NPP in order to obtain a site licence in accordance with TENMAK regulations.

The MENR negotiated with candidate vendor countries (such as Canada, China, Japan, Republic of Korea). An agreement between the Government of the Republic of Turkey and the Government of Japan on Cooperation for Development of Nuclear Power Plants and the Nuclear Power Industry in the Republic of Turkey was signed on 3 May 2013. This agreement entered into force on 31 of July 2015 after completion of diplomatic procedures.

EUAS International Incorporated Cell Company (EUAS International ICC) was established on Jersey Island in 2016 as an international private nuclear company of EUAS.

Having applied for an EIA, EUAS International ICC organized a public participation meeting on 6 February 2018. The EIA report was prepared by EUAS International ICC, and this report was submitted to the Nuclear Regulatory Authority (NDK) by MOEU on 14 November 2019 for review of radiological impacts. Having completed the review, NDK sent the review report to MOEU on 9 December 2019. The EIA process is still ongoing.

In the context of the Sinop project, feasibility studies and development of a feasibility report for site suitability evaluation and financial model development were completed in June 2018. According to review of the feasibility report by MENR, it was decided to postpone the project with Japan due to outcomes of the feasibility report, and Turkey is seeking other possible avenues.

2.1.1.3. Third nuclear power plant

Currently, site selection studies and negotiations are ongoing for the third NPP project.

The organizational structure of Turkey’s nuclear power plant projects is shown in Fig. 2. The MENR is the main body of the Turkish energy sector. It is responsible for the preparation and implementation of energy policies, plans and programmes, in coordination with its dependent and related institutions and with other public and private entities.

The EMRA was established by Laws No. 4628 and 4646. The Law on the Electricity Market, published in the Official Gazette on 3 March 2001, was enacted to unbundle electricity market activities, enable progress into a liberalized electricity market and provide fair and transparent market regulation.

Until mid-2018, TENMAK was the regulatory body of Turkey. After that time, the regulatory activities of TENMAK were transferred to the Nuclear Regulatory Authority (NDK), which has undertaken the regulatory activities concerning facilities (including nuclear power plants), devices, substances and activities related to nuclear energy and ionizing radiation as the regulatory authority of Turkey.

An independent nuclear regulatory body, the NDK, as well as a national nuclear technical support organisation, Nuclear Technical Support Incorporated Company (NÜTED), were established in 2019, based on the Statutory Decree Law No. 702 enacted in 2018.

TENMAK conducts experimental and theoretical studies at its research centres and collaborates in projects with universities and other related organizations. The research infrastructure at the Cekmece Nuclear Research and Training Center of TENMAK (ÇNAEM) is especially devoted to research and development activities addressing issues for nuclear reactor and fuel technology.

The MOEU has jurisdiction for making environmental assessment reports for power plants, including nuclear power plants.

The Electricity Generation Company (EUAS) is responsible for electricity wholesale sales and purchases.

The TEIAS is the transmission system operator and is responsible for planning, installing and operating the transmission grid.

FIG. 2 .Organizational structure of Turkey’s nuclear power plant projects.

The nuclear policy of the country includes R&D activities concerning the application of nuclear technology in various sectors such as energy, environment, human health, industry and agriculture.

TENMAK was established as the nuclear regulatory body by Law No. 2690. TENMAK regulates all nuclear and radiation activities and facilities in Turkey. Law No. 2690 gives TENMAK authority and responsibility for ensuring nuclear safety and nuclear security by licensing and inspecting such activities and facilities. TENMAK also coordinates and supports research and development activities in the nuclear field.

TENMAK operates three nuclear research and training centres to perform research, training and development activities:

1. ÇNAEM;

2. Sarayköy Nuclear Research and Training Center;

3. Ankara Nuclear Research and Training Center.

Although Turkey has no nuclear power plants, there are two research reactors. The governmental research centre ÇNAEM, which is one of the three institutions affiliated with TENMAK, cooperates with universities and other scientific and research institutes for the development and application of nuclear science and technology for peaceful uses of nuclear energy. ÇNAEM commissioned a 1 MW research reactor (TR 1) in 1962 for both research and production of isotopes for industrial and medical purposes. It was operational from 1962 to 1977, and has since been dismantled. A pool type 5 MW reactor (TR 2) was later built in the same building and operated at 5 MW between 1984 and 1994 for irradiation purposes. It operated at low power levels between 1995 and 2009 due to updates of seismic evaluation studies of the reactor building that were required. In 2013, the project to strengthen the reactor building was completed.

The second research reactor in Turkey, ITU TRIGA MARK II, reached its first criticality on 11 March 1979. It is a pool type, light water cooled and graphite reflected reactor. The ITU TRIGA MARK II reactor is capable of steady state operation at power levels up to 250 kW or pulsing mode operation where powers as high as 1200 MW are achieved for about 10 msec.

The General Directorate of Mineral Research and Exploration is responsible for systematic investigation and research into all kinds of resources, including thorium and uranium.

Research and development activities in nuclear technology are performed by a limited number of universities in Turkey. Hacettepe, Istanbul Technical, Ankara, Ege and Akdeniz universities are among the notable programmes.

Not applicable.

TENMAK closely follows worldwide trends and progress in the field of nuclear reactor technologies and fuel cycles.

Turkey is an associate member of CERN, the European Organization for Nuclear Research. All activities related to CERN in Turkey are coordinated and sponsored by TENMAK. Turkey is a founding member of the International Centre for Synchrotron Light for Experimental Science and Applications in the Middle East (SESAME), and TENMAK is the representing authority for SESAME. Turkey’s main objectives are to establish a qualified workforce by actively participating in the experimental programmes of CERN and SESAME, and to follow worldwide scientific progress.

3.1.1.1. Establishment of the regulatory body

Turkey established its first nuclear regulatory body (the Atomic Energy Commission) on 27 August 1956 with Law No. 6821, and pursued this effort to benefit from international experience in the area and become one of the founding members of IAEA in 1957. The Atomic Energy Commission was replaced by TENMAK in 1982 under Law No. 2690. Regulation of all the activities in the field of peaceful uses of nuclear energy, including issuing regulations, making safety reviews and assessments, granting permissions and licences, conducting inspections and applying enforcement actions, were among the authorities and responsibilities of TENMAK. However, TENMAK also had responsibilities as the operator of some facilities requiring regulatory control.

In July 2018, with a referendum amending the constitution, the Turkish governance transformed the country into a presidential republic. Consequentially, all governmental institutions modified to adapt to the new system.

To improve the regulatory system in Turkey and to achieve full compliance with international requirements and expectations in the area, a draft Nuclear Energy Law was prepared by TENMAK in coordination with MENR. This draft law has been enacted with Decree Law No. 702 and with Presidential Decree No. 4.

The decree law on Organization and Duties of Nuclear Regulatory Authority and Amendments to Various Laws”, Decree Law No. 702, was issued by the Cabinet on 9 July 2018 as one of the transition decree laws. Decree Law No. 702 is a comprehensive nuclear law regulating nuclear safety, nuclear security, radiation protection, and other related subjects on nuclear topics. Furthermore, it established a new independent nuclear regulatory authority, the NDK.

3.1.1.2. Legal foundation and statue of the regulatory body

The duties and responsibilities of NDK were defined on 15 July 2018 under the Presidential Decree on Organization of Institutions and Organizations Related, Affiliated and Associated with Ministries and Other Institutions and Organizations, Presidential Decree No. 4.

The former nuclear regulatory body, TENMAK, was transformed to become a research and development organization and also given the responsibility of management of all national radioactive waste, including final disposal activities.

NDK consists of a board (Nuclear Regulatory Board), which is the decision making organ, and a presidency of the institution. Five members of the Board, including the Chairperson, who is also the President of the NDK, and Second Chairperson were appointed by the President of the Republic with Decision No. 2019/40 issued on O.G. No. 30677 on 5 February 2019.

NDK issued the Regulation on Working Procedures and Principles of Nuclear Regulatory Board on 11 April 2019 (O.G. No. 30742). This regulation defines the working procedures and principles of NDK’s Nuclear Regulatory Board.

The Presidency of the Republic issued the Regulation on Organization of Nuclear Regulatory Authority on 25 April 2019. This regulation defines the organizational structure of NDK and duties and responsibilities of its units.

3.1.1.3. Mandate, mission and tasks

The aim and scope of Decree Law No. 702 were defined in Art. 1. This article also defines the general mandate of NDK (the regulatory control of activities regarding utilization of nuclear energy and ionizing radiation) as follows:

In accordance with this article, NDK is associated with MENR by Presidential Circular 2018/1 of 15 July 2018.

Furthermore, Presidential Decree No. 14 amended Presidential Decree No. 4 on 24 July 2018 to define the activities, topics and areas to be regulated by NDK in the scope of Decree Law No. 702 as follows:

1. Protection of employees, the public, the environment and future generations from radiation;

2. Safety, security and safeguards in the activities regarding nuclear energy and ionizing radiation;

3. Site assessment, design, construction, commissioning, operation, decommissioning and closure of nuclear installations, radiation facilities and radioactive waste facilities;

4. Mining, production, transportation, storage, export, import, trade, possession, transfer, accounting and control, processing, reprocessing and use of nuclear materials;

5. Production, transportation, storage, export, import, trade, possession, transfer, use, installation, dismantling, manufacture, maintenance and repair of radiation sources;

6. Possession, transfer, processing, transportation, storage, export, import, trade and disposal of radioactive wastes;

7. Exports of all kinds of substances, materials, equipment, systems, components or related technology subject to control with the aim of non-proliferation of nuclear weapons;

8. Radiation emergency management;

9. The qualifications and training of the personnel regarding the activities within the scope of Decree Law No. 702;

10. Other issues, areas and activities within the scope of Decree Law No. 702 and which are to be determined by the Board.

3.1.1.4. Authorities and responsibilities

Decree Law No. 702 Art. 7 para. 2 authorizes the President of the Republic to determine activities, topics and areas to be regulated by the NDK and its duties and authorities. The duties and authorities of the NDK are determined by President of the Republic in Presidential Decree No. 4 of 15 July 2018 and amended in Presidential Decree No. 14 of 24 July 2018. The duties and authorities of the NDK are as follows:

(a) To determine the strategy, target and working principles of the Authority.

(b) To issue regulatory requirements and decisions in the areas of its duties and authorities.

(c) To inspect or investigate the activities or places within the scope of its duties or authorities or have them inspected or investigated before and after the authorization;

(d) To request and evaluate all the required information and documents from the applicants and authorized persons, to use the information and documents in compliance with the confidentiality requirements.

(e) To request the authorized person to carry out a safety assessment for the activity when deemed necessary;

(f) To determine whether the authorized persons have fulfilled their obligations related to the insurance or financial guarantee for nuclear liability and related to the special accounts of radioactive waste and decommissioning.

(g) To establish and operate the national radiation source recording system, national central dose recording system, and national nuclear material accounting and control system.

(h) To conduct the national radiation monitoring activity or to have it conducted.

(i) To cooperate with the institutions and organizations of other countries and international organizations, to participate in joint activities or to coordinate the activities carried out with these organizations, in the scope of its field of responsibility.

(j) To inform relevant national or international organizations about extraordinary events.

(k) To have research and development activities in the field of safety and security necessary to support its regulatory activities carried out.

(l) To exchange information, cooperate and communicate directly with public and private institutions and organizations, non-governmental organizations and the public.

(m) To determine regulatory activities, decisions and opinions to be sent to national and international institutions and organizations, and to be disclosed to the public.

(n) To request all kinds of necessary information and documents related to a subject from all real and legal persons, including public institutions and organizations, and/or to examine them on-site.

(o) To cooperate with the AFAD and relevant institutions and organizations in the management of radiation emergencies that may occur as a result of activities not under regulatory control.

3.1.1.5. Organizational structure of the regulatory body

NDK is composed of a Nuclear Regulatory Board and Presidency. The decision making organ of the NDK is the Nuclear Regulatory Board. The Nuclear Regulatory Board consists of five persons, including the President of NDK (who also chairs the Board) and a Second Chairperson. All Board members are assigned by the President of the Republic. The President of the Republic also appoints President of NDK and Second Chairperson. On 5 February 2019, the President of NDK and the Board Members were appointed by a Presidential Decree. The Regulation on Working Procedures and Principles of Nuclear Regulatory Board was issued on 11 April 2019.

The Presidency consists of the President of NDK, two vice presidents, and service units. The organizational structure of the Presidency will be determined by a regulation to be issued by the President of the Republic.

NDK’s main organization consists of six technical and five administrative units. Technical units are the following:

• Department of Nuclear Installations (regulatory activities in nuclear safety);

• Department of Radiation Applications (regulatory activities in radiation applications and radiation facilities);

• Department of Security and Safeguards (regulatory activities in nuclear security and safeguards, and in transportation and import/export of radioactive materials);

• Department of Radiation Protection (regulatory activities in radiation protection and radioactive waste management safety);

• Department of Inspection (nuclear and radiation safety inspections);

• Department of External Affairs (national and international coordination of all kinds of activities within the scope of duties and responsibilities of NDK).

Administrative units are:

• Department of Legal Services;

• Department of Strategy Development (administrative and financial activities of NDK);

• Department of Support Services (human resources and other supporting services);

• Press and Public Relations Consultancy;

• Directorate of Board Services (conducting secretarial work and operations of the Nuclear Regulatory Board).

Decree Law No. 702 allows for transfer of current regulatory personnel employed within TENMAK in the departments of Nuclear Safety, Radiation Health and Safety, and Technology to the NDK. Figure 4 shows the organizational structure of NDK.

In Turkey, nuclear installations are licensed by NDK in areas relating to nuclear safety, security and radiation protection. Before the NDK, TENMAK was the licensing authority according to Law No. 2690 (Fig. 5) regulating duties and responsibilities of TENMAK as a regulatory body.

In July 2018, with Decree Law No. 702, NDK was founded and became the regulatory authority of Turkey. Within the same month, Presidential Decree No. 4 dated 15 July 2018 came into force. Duties and responsibilities of NDK were determined and TENMAK was reorganized as a research and development and technical support service organization.

As a part of the transition process, NDK issued new regulations according to a new licensing system. A new regulation will be developed to outline the licensing process in accordance with provisions of the new nuclear law. Until this regulation is issued, the Decree on Licensing of Nuclear Installations will be in force.

The Turkish licensing system includes a “3S” (safety, security and safeguards) approach. During the evaluation of licence application, submitted reports and programmes related to the safety, security and safeguards are reviewed by the regulatory body. The approval of the physical protection programme and the nuclear material accountancy and control system of the NPP is a prerequisite before granting permission to bring nuclear material on-site. The final information regarding emergency management is reviewed before the fuel loading is permitted.

The licensing process includes review and assessment of a set of documents for each licence application. These documents include:

• Preliminary safety analysis report (PSAR) or final safety analysis report (FSAR);

• Physical protection programme documentation;

• Nuclear material accountancy and control system documentation;

• Emergency management plan;

• Management system documents;

• Other documents.

Nuclear power plant licensing activities are carried out by the Nuclear Facilities Department. This department’s main responsibilities are licensing of nuclear installations (review and assessment of documentation related to nuclear safety) and coordination of licensing activities between technical departments. The Nuclear Regulatory Board is the decision maker regarding licensing of nuclear facilities. Authorizations related to nuclear facilities are made by the Nuclear Regulatory Board.

The licensing procedure is initiated by the applicant, to be recognized as the ‘owner’. The licensing process for an NPP comprises three main stages in succession: site licence, construction licence and operating licence. There are several permits functioning as hold points during the licensing process. These include the limited work permit, commissioning permit and fuel loading and test operations permit for the operating licence. For each authorization, documents required for review and assessment are defined in the Decree on Licensing of Nuclear Installations of 1983. There is no design approval authorization in Turkey. The decree also requires the owner to apply for authorization by NDK for every modification that may have an impact on the safety of a nuclear installation. The authorization process for the decommissioning stage is not defined in the decree. This issue is addressed in Presidential Decree No. 4.

FIG. 5. Licensing system under Regulation on Licensing of Nuclear Facilities

The licensing approach is defined in the Directive on Determination of Licensing Basis Regulations, Guides and Standards and Reference Plant for Nuclear Power Plants of 2012, which lays out the rules for establishing a licensing basis for NPPs. These rules state that the issues insufficiently addressed by existing Turkish regulations on nuclear safety shall be covered by requiring compliance with the regulations of the vendor or designer country and the IAEA’s Safety Standards, particularly its safety fundamentals and safety requirements. For remaining issues, third party country laws, regulations and standards are referenced. The directive also requires the applicant to submit to the regulatory body a reference plant of the proposed design to facilitate the licensing process. The directive was established in accordance with the principles laid out in the IAEA publication INSAG-26, Licensing the First Nuclear Power Plant.

This directive is being implemented for the Akkuyu project. A list of applicable regulations, guides and standards was determined by the owner according to Art. 6 of the directive. The Atomic Energy Commission (AEC) of TENMAK approved the list on 2 November 2012. The revised list (Rev. 2) was approved on 14 November 2014. The licensing basis for the Akkuyu NPP is mainly composed of Turkish regulations, IAEA safety fundamentals and requirements and Russian Federation regulations. The list also contains standards and guides of Turkey and the Russian Federation. Novovoronezh-II NPP in the Russian Federation is approved as the reference plant for Akkuyu NPP by the AEC of TENMAK according to Art. 7 of the Directive on Determination of Licensing Basis Regulations, Guides and Standards and Reference Plant for Nuclear Power Plants of 2012.

In addition, according to the Regulation on Environmental Impact Assessment, NPPs should obtain an affirmative decision on an EIA from the MOEU as a prerequisite to the site licence, and an electricity production licence from the EMRA.