FRANCE

(updated on Dec. 2004)

1.  ENERGY, ECONOMIC AND ELECTRICITY INFORMATION

1.1.  General Overview

France is situated in Western Europe and is nearly hexagonal in shape, with an extreme length from north to south of 965 km and a maximum width of 935 km. The total area of metropolitan France, including the island of Corsica in the Mediterranean, is 552 000 km2. In addition to the European or metropolitan territory, the country includes several overseas "départements", territorial "collectivités", and overseas territories. The climate of metropolitan France is temperate, with wide regional contrasts. The average annual temperature is about 12 degrees. Precipitation is evenly distributed, averaging about 760 mm annually.

The total population is about 60 million in 2004 and the population density around 107 inhabitants per km² (Table 1). Population growth rate is around 0.4% per annum.

TABLE 1. POPULATION INFORMATION

France has sizeable deposits of various metals and little fossil fuel resources. Owing to high recovery costs, production of fossil fuels has decreased to a rather low level and is not expected to provide a significant share of the country energy supply in the future. Most hydropower resources are already exploited. Therefore, the French energy policy places high emphasis on improving energy independence through the development of domestic technologies, including nuclear power, alternative energies and renewables, in order to alleviate the country vulnerability to the volatility of fossil fuel international markets and to meet the Kyoto commitments.

1.1.1.  Economic Indicators

Table 2 shows the historical trend of Gross Domestic Product (GDP). GDP growth rates in France in the recent years, was 2.1% in 2001, 1.2% in 2002 and 0.5% in 2003 (in constant prices).

TABLE 2. GROSS DOMESTIC PRODUCT (GDP)

1.1.2.  Energy Situation

The French domestic energy reserves are listed in Table 3. Table 4 provides statistical data on energy and electricity supply and demand between 1960 and 2003. It illustrates the long term trend of substituting nuclear power to imported fossil fuels and the improvement of energy independence. Since 1993, primary energy consumption undergoes a slight but regular increase. Domestic production accounts for some 50% of that consumption. The energy balance improved in the last two decades, mainly due to the raise of electricity exports, that reached 66.1 TW·h in 2003. The energy intensity has lowered owing to structural changes in the economy, i.e. reduction in the share of energy intensive industries in total GDP, and to a lesser extent, to efficiency improvements.

TABLE 3. ESTIMATED ENERGY

TABLE 4. ENERGY STATISTICS

1.2.  Energy Policy

During the post World War II reconstruction period, France's economic and social development relied mainly on the deployment of energy intensive industries. The rapidly increasing energy needs were partly met by domestic coal and hydropower resources. However, French domestic fossil fuel resources being limited and costly, the country had to rely heavily on imports for its energy supply. By 1973, imports were covering more than 75% of national energy consumption, compared to 38% in 1960. After the 70's oil crisis, the country was in need of better energy independence. At that time, implementation of a large nuclear power programme became a major element of France's energy policy, including also energy saving measures, efficiency improvement and research and development in the field of renewable energies. The share of nuclear power in primary energy supply increased from less than 2% in the late seventies to about one third in the mid nineties and reached 42% in 2003.

The main macro-economic impacts of France's energy policy are : drastic improvement in the energy trade balance, stabilization of domestic energy prices at a rather low level, increased competitiveness of French companies on international markets and deployment of a nuclear industry sector covering reactor construction and the whole of the fuel cycle. Increased awareness of environmental constraints reflects in the French energy mix, aiming to reduce the negative impacts of energy production on health and environment. In this regard, substitution of nuclear power to fossil fuel for electricity generation resulted in a drastic reduction of atmospheric emissions from the energy sector.

1.3.  The Electricity System

1.3.1.  Decision Making Process

The General Directorate for Energy and Raw Materials (DGEMP), under the Ministry of Industry, is in charge of implementing the French government policy on energy within the framework of the European directives, in particular to ensure that public service obligations are respected. The Minister for Ecology and Sustainable Development and the Minister for Health are to control health and environmental impacts of industrial facilities, including energy production and transformation plants.

As requested by the French law nº 2000-108 on the modernization and development of the public electricity service, of February the 10th, 2000, a report on medium-term power generation capacity investment planning (PPI, Programmation Pluriannuelle des Investissements) must be prepared by the energy Ministry for submission to the Parliament that thus elaborates a draft energy orientation law.

The transmission Grid operator RTE (Réseau de Transport de l'Electricité) is in charge of balancing generation and consumption over the grid, operating the power system, and maintaining and developing the public power transmission network. According to the law of 10 February 2000, RTE must establish at least every two years an evaluation of medium-term evolution of consumption, transport capacities, distribution, and exchanges with foreign grids, to help the government to elaborate the PPI.

The state-owned utility Electricité de France (EDF) that was nationalized in 1946 along with the national coal, oil and gas companies, has become a limited liability company in November 2004 and has now the possibility to initiate an increase in capital up to 30% (the law stipulates that the French State will hold at least 70% of the capital and voting rights in EDF SA). A public service contract between the government and EDF, laying down the terms and conditions for the implementation of its public service mission, will be signed. The French government also appoints EDF's chairman.

1.3.2.  Structure of the Electricity Sector

The European directives on the liberalization of the electricity market have been fully transposed into the French legislation.

The transmission grid operator RTE (Réseau de transport d'électricité) has been individualized inside EDF according to the European rules, and manages the load dispatch system independently. An independent regulatory authority, CRE (Commission de Régulation de l'Electricité), guarantees equal access and competition to all market players. According to this authority, the market is actually concurrential.

EDF is still the main operator for production and distribution. It owns and operates all nuclear and part of the fossil-fuel fired and hydro-power plants. The main other suppliers are CNR (Compagnie Nationale du Rhône, 13.2 TWh production in 2003) which operates most of the hydro plants along the Rhône river, SNET (Société nationale d'électricité et de thermique, 2 474 MWe installed capacity in France, 9.5TWh produced in 2004) for the coal-fired plants, SHEM (Société Hydroélectrique du Midi, 773 MWe, 2 TWh), a subsidiary of the national railway company SNCF now held at 40% by Electrabel, and private manufacturers operating back-up or combined heat and power production units, as well as operators of small and medium size hydropower plants. More than fifty providers actually operate on the French market and fifteen percent of eligible consumers have already changed supplier.

Regarding distribution activities, local authorities grant the concession of well-defined areas. There are about 200 distribution companies featuring municipality or joint ownership, with a 5% share of total electricity billing.

1.3.3.  Main Indicators

Table 5 shows the history of electricity production and Table 6 the energy related ratios from EEDB. At present, about 90% of France's electricity are of nuclear and hydraulic origin, the remaining 10% coming mainly from fossil fuels. Electricity demand grows in line with GDP, though at lower rate.

TABLE 5. ELECTRICITY PRODUCTION AND INSTALLED CAPACITY

TABLE 6. ENERGY RELATED RATIOS

2.  NUCLEAR POWER SITUATION¹

2.1.  Historical Development and current nuclear power organizational structure1

2.1.1.  Overview

Historically, the development of nuclear power fell into four phases. During the 1960's, in line with the overall target of industrial independence and domestic technological development, indigenous designs were promoted (mainly natural uranium - gas cooled reactors and fast breeders). However, a PWR unit (Chooz-A) was built jointly with Belgium and a heavy water reactor in Brittany (Brennilis).

International developments in the nuclear industry led in the late sixties to the recognition that the French reactor designs could not compete with light water reactors. In 1969 the decision was made to build LWRs under license, whilst restructuring the domestic industry to improve competitiveness. Subsequently, the French government envisaged a construction program of one or two PWRs a year.

From 1974 to 1981 emphasis was put on adaptation of the Westinghouse design for the development of a French standard. The nuclear programme accelerated the pace with the 1970's oil crisis. The unit-capacity of French reactors increased from 900 MWe to 1,300 MWe and later to 1,450 MWe. France developed and implemented, in parallel with the nuclear power plant program, a strong domestic fuel cycle industry, built upon the infrastructure originally established by CEA.

In 1981, Framatome terminated its license with Westinghouse and negotiated a new agreement, giving greater autonomy. Framatome developed a wide range of servicing expertise and capabilities in reactor operation and maintenance services. In the same year, France had to adapt its energy policy to a lower than expected economic growth, together with the occurrence of over-capacity in the national electricity supply system. The achievement of the 1450 MWe N4 model was the landmark for a totally autonomous French reactor design.

Then, started a new period. In 2000, Framatome merged with the nuclear activities of Siemens (Germany). It resulted into Framatome Advanced Nuclear Power, which is integrated to the AREVA group. AREVA holds 66% and Siemens 34%.

In 2003, the 1600 MW European Pressurised Reactor, designed by Framatome ANP, was ordered by a consortium of Finnish industrial companies. It will be the first model of EPR reactors to be built.

2.1.2.  Current Organizational Chart(s)

Nuclear Power organizational Chart

Government authorities:

     DGEMP (General Directorate for Energy and Raw Materials), Ministry of Industry
     DGSNR (General Directorate for Nuclear Safety and Radioprotection), Ministries of Industry,
     Health and Ecology and Sustainable Development
     DRIRE (Regional Directorates for Industry, Research and Environment)

Expert institution: IRSN (Radioprotection and Nuclear Safety Institute)

Research and development: CEA (Atomic Energy Commission)

Nuclear power plants operator: EDF (Electricité de France)

Nuclear plants construction: Framatome-ANP, Jeumont, Alstom

Fuel cycle industry, including engineering and services: AREVA group

     Mining: Cogema

     Conversion: Comurhex

     Enrichment: Eurodif

     Fuel fabrication: Framatome, (UO), Cogema (MOX)

     Reprocessing and packaging: Cogema

Used fuel storage: ANDRA

     The chart is developed in chapters 4 and 5.

2.2.  Nuclear Power Plants: Status and Operations

The share of nuclear power in the French electricity supply has reached its technical and economic maximum, amounting to about 63,000 MWe. It consists of fifty-nine units, fifty-eight being pressurized water reactors (thirty four 900 MWe, twenty 1300 MWe, and four 1450's), all constructed by the French manufacturer Framatome, and the 230 MWe fast breeder reactor, Phenix.

The nuclear plants accounts for 441 TWh in 2003 (over 77% of total electricity production), setting France the world's second largest nuclear power producer. Table 7 lists the status of the power plants as of year-end 2001. In 2003 Nuclear power generation represented about 42% of total primary energy supply, and over 83% of the domestic energy production, making EDF by far the number one nuclear operator and the first electricity producer in the world.

TABLE 7. STATUS OF NUCLEAR POWER PLANTS

TABLE 7. CONTINUED, STATUS OF NUCLEAR POWER PLANTS

2.3.  Supply of NPPs

The leading company is AREVA. It results from the association of Framatome ANP, Cogema, AREVA T&D, and FCI. The nuclear sectors of Framatome and the German Siemens have merged in 2000 into Framatome-ANP (Advanced nuclear power) owned at 64% by AREVA and 36% by Siemens.

Historically the main companies in the nuclear plant construction industry were Framatome, which supplied the nuclear island, and Alstom for the conventional part. After Alcatel withdrawal from Framatome's ownership, the decision has been taken in 1999 to transfer most of its shares to Cogema and CEA. In counterpart, Framatome has taken over Cogema's activities in uranium fuel manufacturing.

2.4.  Operation of NPPs

The electricity utility Electricité de France (EDF) owns and operates all the French nuclear power plants.

2.5.  Fuel Cycle and Waste Management

AREVA, is the main shareholder of the Compagnie générale des matières nucléaires (Cogema) which controls most of the fuel cycle industry, with the exception of UO-fuel manufacturing (Framatome) and of waste management and disposal, run by the independent public agency ANDRA. Cogema is an industrial and commercial leader in all phases of the fuel cycle, including prospection and running of uranium mines, conversion (Comurhex), enrichment (Eurodif), MOX-fuel fabrication (Melox), reprocessing and waste packaging.

2.6.  Research and Development

In 1945 the French government created a national agency, the Commissariat à l'Energie Atomique (CEA), for the development of all aspects of atomic energy, including both civil and military applications. Although its responsibilities changed through time, particularly with the transfer of some industrial activities to newly created subsidiaries, CEA has retained most of its early activities and interests in mean and long term R&D, notably in reactor design, fuel concepts, enrichment, waste transmutation and disposal as well as in technology transfer and fundamental research.

Framatome-ANP has completed the basic design for a 1545 MWe European Pressurized Water Reactor (EPR) which meets European utility requirements. Framatome-ANP with international partners is also developing the basic design of the SWR-1000, an advanced BWR with passive safety features.

The CEA has joined the GIF (Generation IV International Forum) R&D programme to study promising technologies for future nuclear energy systems, addressing in the first place the issues of enhanced safety, sustainability, non-proliferation and economics. One reference concept is based on a gas-cooled fast reactor with on-site closed fuel cycle. France is also collaborating with other countries to develop a 280 MWe Gas Turbine-Modular Helium Reactor (GT-MHR) for electricity production and consumption of weapon grade plutonium.

2.7.  International Co-operation and Initiatives

France is member of several international organizations, including the International Atomic Energy Agency (IAEA), the Nuclear Energy Agency (NEA) of the Organization for Economic Co-operation and Development (OECD) as well as other bilateral and multilateral organizations such as the World Association of Nuclear Operators (WANO).

As mentioned above, France is also member of the Generation IV International Forum (GIF), an international collective of 10 countries dedicated to the development of the next generation of nuclear reactors and fuel cycle technologies.

2.8.  Human resources development

The INSTN (Nuclear Techniques and Sciences National Institute -Institut National des Sciences et des Techniques Nucléaires) was created in 1956 by the CEA under the authority of the National Education Ministry and the Industry Ministry. Its main mission is to transmit CEA's know-how. It delivers academic diplomas (e.g. Masters), engineer diplomas, and welcome PhD students. It also offers continuous training. It is certified ISO 2001 and chairs the European Nuclear Education Network (ENEN).

3.  NATIONAL LAWS AND REGULATIONS¹

3.1.  Safety Authority and the Licensing Process

Nuclear legislation in France has developed in successive stages in line with technological advances and growth in the atomic energy field. Therefore, many of the enactments governing nuclear activities are to be found in the general French legislation on environmental protection, water supply, atmospheric pollution, public health and labour.

However, the French Parliament has adopted a number of specific enactments. Examples include Act No. 68-493 (30 October 1968), setting special rules as to third party liability in the field of nuclear energy, which is distinct from the ordinary French law on third party liability, the 19 July 1952 Act, now embodied in the Public Health Code, specifying licensing requirements for the use of radioisotopes, Act No. 80-572 of 25 July 1980 on the protection and control of nuclear materials, and more recently Act No. 91-1381 concerning research on radioactive waste management.

Although French nuclear law is characterized by its variety of sources, as in other countries where nuclear energy has developed, the original features of this legislation derive chiefly from international recommendations or regulations. For example, radiation protection standards are derived from the Recommendations of the International Commission on Radiological Protection (ICRP) and Directives issued by the European Union (formerly the European Community). Likewise, the French Act of 1968 on the liability of nuclear operators is directly derived from the Paris Convention of 29 July 1960.

French nuclear legislation began to develop from the time the Atomic Energy Commission (Commissariat à l'énergie atomique - CEA), the public agency set up by the State in 1945 [Ordinance No. 45-2563 of 18 October 1945] and formerly reporting directly to the prime minister, no longer held a monopoly for nuclear activities, in other words from the time nuclear energy applications entered the industrial stage, thus requiring the involvement of new nuclear operators. This development had several landmarks: in 1963, a system for licensing and controlling major nuclear installations was introduced, setting government responsibility in matters of population and occupational safety (Decree of 11 December 1963). Prior to this, procedures concerning the licensing and control of industrial activities were dealt with by the Préfet for each Département. In 1973, this system was expanded to cover the development of the nuclear power programme, and better define the role of government authorities. Finally, the decree of 20 June 1966 included Euratom Directives as part of the French radiation protection regulations.

In the course of the 1980's, the enactments setting up the CEA were amended so as to strengthen its inter-ministerial status and a tripartite Board of Administration including staff representatives was created. However governmental decisions are prepared by the Atomic Energy Committee, which acts as a restricted inter-ministerial committee on nuclear energy matters. CEA is now answerable to the Minister for Industry and to the Minister for Research [Decrees No. 93-1272 of 1 December 1993 and No. 93-796 of 16 April 1993]. The main task of CEA was laid down in September 1992 by the Government: concentrate on developing the control of atom uses for purposes of energy, health, defence and industry, while remaining attentive to the requests made by its industrial and research partners. More specifically, the inter-ministerial committee of 1 June 1999 requested CEA to "strengthen long-term research on future reactors capable of reducing, and even eliminate the production of long-lived radio-active waste". In addition CEA was given a particular responsibility for R&D on alternative and renewable energies.

The regulations for large nuclear installations, referred to above, have been supplemented with regard to procedures by an Instruction of 27 March 1973 and a Decision of the same date (amended by a Decision of 17 December 1976), which are internal instruments issued by the Minister for Industry. The authorities primarily involved in the licensing procedure for the setting up of large nuclear installations are the Minister for Industry and the Minister for Ecology and Sustainable Development. For this purpose, the Central Service for Nuclear Installations Safety (SCSIN), set up in 1973 within the Ministry of Industry, has been reshuffled as the Directorate for Nuclear Installations Safety (Direction de la Sûreté des Installations Nucléaires, DSIN).

In the beginning of 2002, the DGSNR (General Directorate for Nuclear Safety and Radioprotection) has been created as a result of the merger of DSIN and the former Central Board for Protection against Ionizing Radiations (Office de Protection contre les rayonnements ionisants, OPRI). As a consequence, in addition to nuclear safety, DGSNR retains also the responsibilities of the former OPRI regarding radioprotection, ie carrying out measurements or analytical work in order to determine the level of radioactivity or ionizing radiation that might become hazardous to health in various environmental situations, for individuals as well as for the population as a whole. It also co-ordinates and defines controls for the radiation protection of workers and is involved in the safety plans to be put in action in case of radioactive incident. DGSNR reports to the Ministers for Industry, Health and Ecology and Sustainable Development.

The licensing procedure is governed by Decree No. 63-1128 of 11 December 1963. Under this procedure the decree authorizing the setting up of an installation lays down the technical requirements and other formalities which its operator must comply with. For nuclear reactors, for instance, there are generally two stages: first, fuel loading and commissioning tests, and second, entry into operation - both conditional on joint approval by the Ministers for Industry and for Ecology and Sustainable Development. The consent of the Minister for Health is requested.

DGSNR is mainly responsible for:

1. studying problems raised by site selection;
2. establishing the procedures for licensing large nuclear installations (licenses for setting up, commissioning, disposal, etc.);
3. organizing and directing the control of these installations;
4. drafting general technical regulations and following their implementation;
5. establishing plans in the event of an accident occurring in a large nuclear installation;
6. proposing and organizing public information on nuclear safety.

At the local level, DGSNR's actions are relayed through the nuclear divisions of the Regional Directorates for Industry, Research and Environment (DRIRE). These Directorates are in charge of the survey of nuclear installations and monitoring reactor shutdowns and all pressurized components. They also provide technical support to the "préfet", the Government local representative, in particular in case of accident.

DGSNR is assisted in decision making by the Institute for Radio-Protection and Nuclear Safety (Institut de Radio-Protection et de Sûreté Nucléaire - IRSN), itself resulting from the merger of the former IPSN (Institut de Protection et de sûreté nucléaire) and part of the OPRI (Office de protection contre les rayonnements ionisants). The IRSN can also undertake studies or research on protection and nuclear safety problems on request of any concerned ministerial department or agency (Law nº2001-398 AFSSE of 9 May 2001).

3.2.  Main National Laws and Regulations in Nuclear Power

Organization and structure

• Code of Research, Legislative Part, Book III, Title III, Chapter II : Commissariat à l'énergie atomique -Articles L. 332-1 to L. 332-7 (Atomic Energy Commission).
• Decree 70-878 of 29 September 1970 related to the Commissariat à l'énergie atomique (Atomic Energy Commission).
• Decree 72-1158 of 14 December 1972, as amended, implementing decree 70-878 related to the Commissariat à l'énergie atomique.
• Decree 73-278 of 13 March 1973, as amended, providing for the creation of the High Council for Nuclear Safety and the Directorate General for Nuclear Safety and radiation protection.
• Decree 92-1391 of 30 December 1992 creating a national radioactive waste management Agency (Agence nationale pour la gestion des déchets radioactifs - ANDRA), codified in the Environmental Code, Legislative Part, Book V, Title IV, Chapter II, art. L. 542-13 and L. 542-14.
• Decree 2000-809 of 25 August 2000 determining the competence and the organization of the General Delegation for Armament (DGA).
• Law 2001-398 of 9 May 2001 establishing the French environmental safety agency (AFSSE) (+ article 5 creating the Institute for radiation protection and nuclear safety - IRSN).
• Decree 2001-417 of 11 May 2001 concerning the special commission for Basic nuclear installations classified as secret.
• Decree 2002-254 of 22 February 2002 related to the Institute for Radiation Protection and Nuclear Safety (IRSN).
• Decree 2002-255 of 22 February 2002 creating the Directorate General for Nuclear Safety and Radiation Protection (DGSNR).
• Decree 2002-966 of 9 July 2002 concerning delegated competence of the Minister of Industry.
• Decree 2003-865 of 8 September 2003 providing for the creation of the interdepartmental committee for nuclear or radiological crises.
• Decree 2004-612 of 24 June 2004 creating a Central Office for protection of environment and public health.
• Decree 2004-682 of 9 July 2004 concerning competence of the Minister of Ecology and sustainable development.
• Decree 2004-1347 of 9 December 2004 determining competence of the Ministry of Economy, Finances and Industry.

Regulatory provisions for nuclear installations

• Law 61-842 of 2 August 1961, as modified, on the abatement of atmospheric pollution and offensive odours.
• Decree 63-1228 of 11 December 1963, as modified, concerning Basic Nuclear Installations (BNI).
• Law 76-663 of 19 July 1976 as modified, concerning installations classified on environmental protection grounds (Installations Classées pour la Protection de l'Environnement - ICPE) codified in the Environmental Code, Part. L., Book V, Title I, Chapter I ,art. L. 511-1 to L. 517-2.
• Decree 77-1133 of 21 September 1977, as modified, implementing Law 76-663 of 19 July 1976 concerning installations classified on environmental protection grounds.
• Decree 53-578 of 1st 20 May 1953 related to the nomenclature of installations classified on environmental protection grounds.
• Ministerial Order and Circular of 10 August 1984 concerning Basic Nuclear Installations design, construction and operation.
• Decree 95-540 of 4 May 1995, as modified, related to liquid and gaseous effluent release and water intake in Basic Nuclear Installations.
• Decree 96-198 of 11 March 1996 modifying decree 85-449 of 23 April 1985 implementing to Basic Nuclear Installations Law 83-630 of 12 July 1983 concerning democratization of public inquiries and environmental protection.
• Decree 96-972 of 31 October 1996 implementing the Nuclear Safety Convention, signed in Vienna, 20 September 1994.
• Ministerial Order of 2 February 1998, as modified, concerning water's intake and consumption and emissions of installations classified on environmental protection grounds.
• Instruction of 20 May 1998 concerning license application, implementing decree 95-540 of 4 May 1995 related to liquid and gaseous effluent release and water intake in Basic Nuclear Installations.
• Ministerial Order of 26 November 1999 setting the general technical regulations concerning limits and conditions of effluent release and water intake in Basic Nuclear Installations.
• Ministerial Order of 31 December 1999 setting the general technical regulations for the prevention and limitation of detrimental effects and external hazards resulting from the operation of Basic Nuclear Installations.
• Law 2000-108 of 10 February 2000 concerning modernization and development of electricity public utility, modified by Law 2003-8 of 3 January 2003 concerning gas and electricity markets and electricity public utility and Law 2004-803 of 9 August 2004 concerning electricity and gas public utilities and electric and gas firms.

Nuclear installations classified as secret

• Decree 80-813 of 15 October 1980 amended related to installations classified on environmental protection grounds under the authority of the Defence Minister or subject to national defence secrecy protection rules.
• Decree 2001-592 of 5 July 2001 concerning safety and radiation protection in installations and nuclear activities used for defence purposes.

Radiation Protection

• Public Health Code, Legislative Part., Book III, Chapter III : Ionizing radiation, art. L. 1333-1 to L. 1333-54 and Chapter VI : Penalties, art. L. 1336-5 to L. 1336-9.
• Public Health Code, Regulatory Part., Book I, Chapter VI : Ionizing radiation, art. R. 1333-1 to R. 1333-93.
• Decree 72-819 of 1st September 1972 related to the creation and organization of a Defence Body for Civil Protection, amended by decree 90-670 of 31 July 1990.
• Ministerial Order of 2 October 1990 setting the frequency for radioactive source control, for installations for power station equipment of ionizing radiation and their protection, established by decree 86-1103 of 2 October 1986 concerning working protection against hazards of ionizing radiation.
• Ordinance 2001-270 of 2 March 2001 on the transposition of Community directives in the field of protection against ionizing radiation.
• Decree 2002-460 of 4 April 2002 concerning the general protection of individuals against the dangers arising from ionizing radiation.
• Decree 2003-270 of 24 March 2003 concerning the protection of individuals exposed to ionizing radiation for medical and medico-legal purposes.
• Decree 2003-295 of 31 March 2003 concerning intervention in a radiological emergency and in the event of long-term exposure.
• Decree 2003-296 of 31 March 2003 concerning working protection against hazards of ionizing radiation.
• Ministerial Order of 17 October 2003 related to the National network for collection of environment radioactivity measurements.
• Ministerial Order of 30 December 2004 concerning the individual card of medical supervision and the individual dosimetry information for workers exposed to ionizing radiation.

Regulatory regime for radioactive materials

• Interministerial Order of 28 March 1977 instituting the assistance regime for uranium prospecting.
• Law 80-572 of 25 July 1980 concerning protection and control of nuclear materials, as modified by law 89-434 of 30 June 1989.
• Decree 81-512 of 12 May 1981 concerning protection and control of nuclear materials.
• Decree 81-558 of 15 May 1981 concerning protection and control of nuclear materials in the field of Defence.
• Ministerial Order of 14 March 1984 concerning monitoring, confining, supervision and physical protection measures applicable to nuclear materials subject to declaration.
• Ministerial Order of 11 March 1996, repealing Ministerial Order of 24 November 1977 setting the characteristics of radioactive materials under special forms.
• Ministerial Order of 24 September 1996 setting the conditions for the assignment of nuclear materials to military use.
• Ministerial Order of 26 January 2004 concerning protection of national defence secrecy in the field of protection and control of nuclear materials, implementing decree 98-608 of 17 July 1998 concerning protection of national Defence secrecy.
• Circular of 26 January 2004 implementing Ministerial Order of 26 January 2004 concerning protection of national defence secret in the field of protection and control of nuclear materials.
• Ministerial Order of 16 March 2004 setting the technical conditions for the monitoring and the accountancy of nuclear materials.

Radioactive waste management

• Environmental Code, Book V, Title IV, Chapter II : Radioactive waste, art. L. 542-1 to L. 542-14 (in particular codifying Law 91-1381 of 30 December 1991 concerning research activities on the management of radioactive waste).
• Decree 94-853 of 22 September 1994 on the import, export and transit of radioactive waste between Community member states, as amended by decree 2002-460.
• Decree of 3 August 1999 approving the implementation and operation of an underground laboratory.
• Decree 99-686 of 3 August 1999 implementing article 14 of the Law of 30 December 1991 concerning research activities on the management of radioactive waste.
• Decree 99-687 of 3 August 1999 implementing article 6 of the Law of 30 December 1991 concerning research activities on the management of radioactive waste.
• Law 2000-174 of 4 March 2000 authorizing the approval of the Joint Convention on the safety of spent fuel management and on the safety of radioactive waste management.

Civil Liability

• Law 68-943 of 30 October 1968 concerning nuclear civil liability, as modified by law 90-488 of 16 June 1990.
• Decree 69-154 of 6 February 1969 related to the publication of the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964 and by the Protocol of 16 November 1982 (Paris Convention).
• Decree 94-308 of 14 April 1994 related to the publication of the Convention of 31st January 1963 Supplementary to the Paris Convention of 29th July 1960, as amended by the additional Protocol of 28th January 1964 and by the Protocol of 16th November 1982 (Brussels Convention).
• Insurance Code, Legislative Part., Book IV, Title III- Chapter I : Extraordinary and nuclear risks, art. L. 431-4 to L. 431-7.
• Insurance Code, Regulatory Part., Book IV, Title III, Chapter I : Exceptional and nuclear risks, art. R. 431-27 to R. 431-29.
• Insurance Code, Regulatory Part, Book III, Title III, Chapter I : Technical provisions of others insurance operations, art. R.331-6.
• Decisions of 27 October 1977 concerning exclusion of small quantities of nuclear substances out of nuclear civil liability Convention, from the AEN Committee of Directors.
• Decree 91-355 of 12 April 1991 implementing article 4 of the Law 68-943 of 30 October 1968 defining the characteristics of reduced risks installations.

Nuclear Test-Ban

• Law 98-217 of 27 March 1998 authorizing the ratification of the Comprehensive Nuclear Test-Ban Treaty (CTBT).

4.  CURRENT ISSUES AND DEVELOPMENTS ON NUCLEAR POWER

4.1.  Energy Policy

The main objectives are presently to optimize the utilization of existing equipment, i.e., power plants and fuel cycle facilities, design and implement a policy with regard to final disposal of high level radioactive waste, and develop the next generation of reactors improving the use of natural uranium and minimizing waste production.

A regulatory reform has come into operation in the course of 2002. The new regulatory authority, the DGSNR (Direction générale de la sûreté nucléaire et de la radioprotection) is in charge of both nuclear safety and radioprotection. It has taken over the former DSIN (Directorate for Nuclear Installations Safety - Direction de la Sûreté des Installations Nucléaires) and the regulatory part of OPRI (Board for Protection against Ionizing Radiation - Office de Protection contre les Rayonnements Ionisants). At the same time a new independent expert institution, the IRSN (Institute for radio-protection and nuclear safety - Institut de radioprotection et de sûreté nucléaire) combining competence on nuclear safety and radiation-protection, has resulted from the merger of the former IPSN and OPRI. The secret (military) nuclear installations are also concerned by this reform.

As requested by the French law on electricity market liberalization of February the 10th, 2000, the report on medium-term power generation capacity investment planning (PPI, Programmation pluriannuelle des investissements) prepared for submission to the Parliament, was officially released by the Government in January 2002.

The report says the current French production park is at least adequate to cover base-load and semi-base load demand up to 2010. It proposes that renewable energy sources -including hydro- should increase their share in consumption from 15% to 21% by 2010 in accordance with the European directive. It stresses the competitive advantages enjoyed by France's current power generation park, which is attributed in large part to the low generating cost of its 58 nuclear power units. It also adds that France's relative dependence on nuclear power protects it to a large extent against exchange rate fluctuations vis-à-vis the USD and against fuel price volatility. The section dealing with long-term policy examines the five generation options: nuclear, coal, gas, renewables, and new technologies. With regard to nuclear, it makes the following main points:

There is no need for a new nuclear unit before 2010. However, "keeping the nuclear option open in the long term will mean being ready if and when the question of renewing the park arises". The lead time for licensing and construction of a first unit (for the new generation of nuclear plants which would renew the present fleet) is at least 7 years. Which means that the decision whether or not to build a lead unit of the EPR type will have to be taken within the next 2 to 3 years in close co-ordination with national representatives. The future role of nuclear should be the subject of a national debate, which would "allow the consequences of possible choices to be examined and all the arguments to be weighed up". The debate in parliament on a draft "energy orientation law […] could be the natural opportunity for a first debate on this subject".

In the longer term, energy-policy makers should pay particular attention to the development of a number of technologies, including high temperature gas-cooled reactors, super-critical water-cooled reactors, and designs using liquid sodium or lead (or lead alloys) as a coolant. In addition, "several solutions can be envisaged for the replacement of current fuels", with the goal of improving the efficiency of Pu recycling.

A draft "energy orientation law" (nº 1669), has been sent in June 2004 by the Prime Minister to the Parliament (but not yet ratified by the Senat), and following the 2002 report on power generation capacity investment planning (PPI), stipulates that the State plans the construction of a demonstration reactor through the next PPI. Also, an important stipulation of the draft law is that Greenhouse Gas emissions must be divided by four up to 2050.

The site of Flamanville has been chosen by EDF to welcome the future demonstration EPR and the National Commission of Public Debate has decided in December the 1st, 2004 to organise soon a national debate on the EPR of Flamanville.

4.2.  Privatisation and deregulation

In the wake of successive legislations, the role of public authorities has changed. The European directives on electricity market liberalization have been implemented in the French legislation through law nº 2000-108 of 10 February 2000 on the modernization and development of the public electricity service. This law states in its first article:

"The purpose of the public electricity service is to guarantee electricity supplies throughout the country, having due regard to general interest.

In the context of the energy policy, the public electricity service contributes to the independence and security of supply, air quality and combating the greenhouse effect, optimum management and development of national resources, control of demand for energy, economic competitiveness and control of technical choices for the future, as well as efficiency in energy use.

It furthers social cohesion, by ensuring the universal right to electricity, contributes to combating exclusion, a balanced spatial development, having due regard to the environment, research and technological progress as well as defence and public order.

A concrete application of the universal right to electricity, a product of primary necessity, the public electricity service shall be managed with due consideration for principles of equality, continuity and adaptability, and in accordance with optimum conditions of security, quality, cost, price and economic, social and energy efficiency.

The public electricity service shall be organized by the State and the local authorities or their public co-operation establishments, each for its part."

It follows from this article that the government retains the responsibility of establishing objectives regarding security of energy supply or regional planning. In addition it remains responsible for defining and enforcing adherence to the rules within which the various market players must act. Of course, public authorities retain the traditional governmental activities such as preparation and development of regulations, energy taxation, public service obligations, personnel and installation safety, environment protection, in particular implementation of the European directives regarding greenhouse gases emissions and the share of renewable energies in electricity production. They also keep the general responsibility of insuring long term supply by supporting R&D efforts when private companies would not engage by themselves appropriate involvement. In addition, through the procedure of call for bids or the authorization required for the new production plants (decree nº 2000-877 of 7 September 2000), the government keeps the ability to set conditions for new power units, including the energetical, technical, economic, financial and geographical characteristics of the installation. (for instance regarding greenhouse gas emissions or other pollutants, long term supply stability or use of domestic energy resources), and thus influence the choice of the energy sources.

Regarding public service obligations, the law of 10 February 2000 has created a specific fund (Fonds du service public de la production d'électricité, FSPPE) intended for compensating the excess costs attributable to public service obligations (purchase obligation for green electricity, power production in non-connected zones such as overseas départments, etc.). This fund is supplied by the different electricity producers established in the French territory including auto-producers as well as by the electricity importers.

Regarding the European directive on renewable energy, France is due to raise the share of renewable electricity from the actual value of about 15% to 21%. To this aim, the hydro power availability being already used almost at full, special effort is made to increase the contribution of wind energy.

Since the 1st of July 2004, any company is actually free to choose its energy supplier on the french electricity market. The liberalisation will be totally accomplished in 2007 when any customer has the same possibility.

The public companies EDF and GDF, created in 1946, have become limited liability companies since the 19th of November 2004, according to the Act of August 9, 2004. This new legal form means that both companies are no longer bound by the "speciality principle" that was attached to their status of state-owned company (EPIC) since 1946. They can now propose to customers multi-energy offers. They have now the possibility of initiating an increase in capital. In this case, the law stipulates that the State will hold at least 70% of the capital and voting rights.

The other public companies are now widely open to the private sector : the coal fired plants operator SNET (Société Nationale d'Electricité et de Thermique) is now owned at 65% by ENDESA and 18.75% by EDF, the company Energie du Rhône, that trades the electricity production of the hydropower stations of CNR (Compagnie Nationale du Rhône) is owned at 49.95% by Electrabel.

4.3.  Safety and Waste Management issues

According to the law nº 91-1381 on Research and Management of nuclear wastes of 1991, the Government will release an evaluation report and a draft law to the Parliament before the end of 2005 to eventually allow the building of a nuclear waste repositary. The law of 1991defined three complementary lines of research aimed at finding a solution for managing high-level and long-lived intermediate-level radioactive waste over the very long term: partitioning and transmutation of long-lived radioactive elements, reversible and irreversible deep geological disposal, and conditioning and long-term near-surface storage. It entrusted the CEA with the first and third lines and ANDRA with the second. In 1999, the government approved the decision to create a laboratory on a clay site in Bure.

REFERENCES

Appendix 1

INTERNATIONAL (MULTILATERAL AND BILATERAL) AGREEMENTS

Appendix 2

DIRECTORY OF THE MAIN ORGANIZATIONS, INSTITUTIONS AND COMPANIES INVOLVED IN NUCLEAR POWER RELATED ACTIVITIES