Legal Eye: Nuclear legal readiness

With continuing concerns of energy dependence, more voices are urging Poland to consider all possible sources of locally-produced energy, including nuclear energy. Whether or not nuclear is the way to go, Polish law already contains a framework for a nuclear power solution, including the building and operation of a nuclear facility, transport of nuclear materials, storage of wastes and even a plan of lines of responsibility in the case of a nuclear accident. At the heart of all matters radioactive is the Polish National Atomic Energy Agency ("the Agnecy").   Building the site   Not many people would be delighted to have a nuclear facility built in their neighborhood, despite any number of qualified and well-paid jobs it might provide. No law will overcome fear of a nuclear catastrophe. However, if Poland were to consider building a nuclear power facility, it would be subject to a multi-step approval process.   As with most real property matters, any thoughts of building a nuclear power facility harkens back to the old adage: location, location, location. Specifically, the local zoning plans would need to permit the facility. Making the rather large assumption that these plans exist and that they permit the operation of a nuclear power facility, you would then need to receive a thumbs up from the Agency, including with respect to the location and construction plans.   The local voivodship office would need to get involved to create a limited-use buffer zone around the planned facility site in accordance with Polish environmental law requirements. This step, not surprisingly, is also consulted with the Agency. After all, the Agency is charged with overseeing the start-up, operation and any shut-down of a nuclear facility.   Transport   The Agency also takes an active role with respect to the transport of radioactive materials. For most activities involving radioactive material, including transportation and waste storage, permits are needed from the Agency. The permit should also indicate the requirements and conditions for transport.   The director of any entity that imports to and exports radioactive materials from Poland must be prepared to fill out paperwork, including quarterly reports on the materials shipped and the recipient.   Nuclear waste   Regardless of Poland's nuclear energy capabilities, concern about importing nuclear waste to Poland is a recurring theme. Again, it's highly regulated. The Agency must consent to any import into, transit within or export from Poland of nuclear waste. Curiously, the Polish Atomic Energy Law specifically prohibits exports of nuclear waste that would be destined for Antarctica. Having watched March of the Penguins, I can say that it seems reasonable to me as those penguins have enough problems without being forced to dodge nuclear waste.   As to nuclear waste facilities in Poland, they must also  go through a permit process similar to that of building a nuclear site. However, Polish law adds a sweetener to a gmina in which a national nuclear waste storage site is operating. They are eligible to receive up to zł.8,550 annually from the State budget while the site is operating.   With respect to neutralizing radioactive materials, a state-owned institute based outside of Warsaw in Otwock-Świerk is charged with this task. Otwock-Świerk figures strongly on Poland's nuclear map as it is the site of Poland's only existing nuclear reactor, albeit just a small experimental one.   Just in case   The Atomic Energy Law places much emphasis on the chain of command if a threat of radioactive contamination occurred and the possible measures that could be used. Every entity that engages in nuclear activities, every voivodship, and even the national government is supposed to have an emergency action plan for a radioactive accident. The Council of Ministers must issue the national plan and a form of the voivodship and entity plans. As for the Agency, it would get involved if drastic measures are required.       Judith Gliniecki is a Partner with Wierzbowski Eversheds; judith.gliniecki@wierzbowski.pl