DMRE briefing on Amendment to the Convention on Physical Protection of Nuclear Material

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Mineral Resources and Energy

22 March 2022
Chairperson: Mr S Luzipo (ANC)
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Meeting Summary

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Amendment to the Convention on Physical Protection of Nuclear Material

The Department of Mineral Resources and Energy (DMRE) appeared before the Portfolio Committee in a virtual meeting and tabled the amended Convention on the Physical Protection of Nuclear Material (CPPNM) for acceptance and ratification.

During its briefing, the Department indicated that following the 9/11 attacks in the United States, state parties to the CPPNM had adopted by consensus an amendment to the convention in 2005. The new obligations of the amended convention focused on the security of nuclear facilities and nuclear materials used for peaceful purposes. The amendment had come into force in May 2016. The Department recommended that Parliament accept the amended CPPNM to affirm its commitment to providing adequate protection of its nuclear facilities and the nuclear materials currently in use and to enable it to continue its efforts to secure the supply of energy through trade partnerships with other state parties to the amended CPPNM.

The Committee asked how the DMRE planned to retain its skilled nuclear technicians to ensure the country's nuclear facilities were well maintained. The Department responded that it was looking to develop a succession plan which would ensure that experienced professionals passed their knowledge down to their juniors. This plan would form part of the Nuclear New Build Programme (NNBP). They also mentioned that the Department was currently working with the State Security Agency (SSA) to prevent threats facing the nuclear industry.

The Committee raised its concern regarding the length of time it had taken for the Department to table the amended CPPNM for the Committee's consideration and ratification by Parliament. Members urged the Department to improve the speed at which it tabled treaties to the Committee. The Department explained that it had in fact presented the amended CPPNM to the Cabinet in 2018, which had then referred it to Parliament for consideration and ratification. However, this process had been deferred by the Fifth Parliament to the Sixth Parliament. The Chairperson of the Committee said that he would follow-up on the reasons for this deferral.

Following the presentation and the discussions, the Committee unanimously recommended the adoption of the proposed amendments. The report would be referred to the House for ratification.

Meeting report

The Chairperson said that the Department of Mineral Resources and Energy (DMRE) would brief the Committee on the tabling of acceptance of the amended Convention on the Physical Protection of Nuclear Material (CPPNM).

DMRE on acceptance of amended CPPNM

Mr Zizamele Mbambo, Deputy Director-General: Nuclear Energy Regulation and Management, DMRE, tabled the amended CPPNM to the Committee for acceptance and ratification.

He said that the CPPNM was the only legally binding international undertaking in the area of physical protection of nuclear material. The convention focused on the physical protection of nuclear material used for peaceful purposes during international transport, intending to prevent theft or unauthorised use of nuclear material. South Africa had signed the CPPNM in 1981 and ratified it in 2007.

Due to the 9/11 attack in the United States, concerns had grown for the possibility of large-scale attacks on nuclear facilities. These concerns prompted the initiation of the amendment, which would expand the scope of the convention and include terrorism as a threat to nuclear facilities. State parties to the CPPNM had adopted, by consensus, an amendment to the Convention in 2005.

New obligations for the amended CPPNM

He outlined the new obligations for the amended CPPNM, which included:

  • The inclusion of physical protection requirements for nuclear facilities and material in domestic use, storage and transport;
  • Recognition of the right of all states to develop and apply nuclear energy for peaceful purposes and their legitimate interests in potential benefits of the peaceful application of nuclear energy; and
  • That the security of nuclear facilities be recognised as having national and international importance.

 

The Department recommended that South Africa accept the amended CPPNM, to:

  • Affirm its commitment to providing adequate protection of its nuclear facilities and the nuclear materials currently in use; and
  • To enable it to continue its efforts in securing the supply of energy through trade partnerships with other states which were parties to the amended CPPNM

 

Mr Mbambo said that the amended convention came into force in May 2016. For the amendment to be binding on South Africa, the Constitution required that it first be approved by Parliament. As such, the Department had presented the amended convention to the Cabinet on 14 September 2021. Cabinet had then approved the amended convention to be presented to Parliament in terms of s231(2) of the Constitution.

The Chairperson asked if the Department would brief the Committee on the proposed amendments.

Mr Mbambo said that the presentation covered the key issues related to the amendments. The Department had also submitted the amendments to the convention as part of annexure A. In addition, it had submitted the original convention as part of annexure B, which covered a holistic list of the articles of the original convention.

The Chairperson opened the floor for discussion.

Discussion

Mr K Mileham (DA) said he was concerned by the length of time it had taken for the Department to table the international treaties for the Committee's consideration and ratification in Parliament. He urged the Department to improve the speed at which it tabled treaties to the Committee. Further, he requested that it provide reasons for the delay. 

He asked how far the Department was in putting into place the legislative and regulatory provisions established for the protection of nuclear materials. Additionally, he asked whether it had a timeframe in place to ensure that it was compliant with the treaty.

Ms V Malinga (ANC) said that the CPPNM required that the security of nuclear power plants and facilities receive national attention. More importantly, the guaranteed security of nuclear power plants and facilities required advancement in technologies and skills. Considering that there was a growing number of highly skilled and experienced nuclear technicians and energies who were leaving the Koeberg Nuclear Power Plant (KNPP), she asked how the DMRE would ensure power plants and facilities were managed by competent people to prevent catastrophic consequences. How would the Department recruit and retain nuclear technicians and engineers, given that there was a worldwide demand for the KNPP’s experts?

She asked how the Department would mitigate against the potential shortage of storage for nuclear waste material and spent nuclear fuel. Was the current storage capacity sustainable, particularly as the government planned to extend the life of the KNPP to 2025 to add further nuclear power to the grid?

Given that the economic recovery plan stressed the importance of industrialisation through localisation, she asked what steps the Department was taking to reduce the country’s reliance on the imported raw materials and equipment required to run the nuclear installations. 

Ms P Madokwe (EFF) said that she had expected the report to go into details of the amendments.

She asked who would incur the costs in the event of an accident and spillage of nuclear waste, and who would be responsible for the cleaning of the waste.

She indicated that in August 2019, the DMRE, along with the National Nuclear Regulator (NNR), had tabled a report to the International Atomic Energy Agency (IAEA), in which they had indicated that the financial provision for the decommissioning of nuclear products had continued to be accumulated on a monthly basis since 1984. It was also found that no money had been set aside to pay those costs. A radioactive fund had also been proposed in 2008, yet no report had been released on this. She asked the Department to provide a report that showed whether this fund had been set aside and that money had been set aside for the provision of decommissioning nuclear products, to ensure that this cost did not rest with the taxpayers.

DMRE's response

Mr Mbambo, referring to the delays, said that the Department had in fact started the process of requesting amendments to the Convention in 2018. It had first presented the amendments to the Cabinet on 23 May, which had referred them to Parliament for consideration and ratification. The Department had then presented the amendments to the Portfolio Committee in November 2018, which, following their adoption, had referred them to the House for ratification. However, the process of ratification had been deferred by the fifth Parliament to the sixth administration.

He clarified that the amendments in the amended convention were not binding on the country until they have been ratified by Parliament. SA remained a member of the original convention and was compliant with its obligations. Thus far, the Department had identified the relevant legislation that would be amended, in line with the Constitution, to ensure that the country complied with the new amendments. The Department had also drafted regulations for the physical protection of nuclear material, and it was currently addressing the public comments on this. The Department believed that the current legislation already addressed some of the areas addressed by the convention.

On the retention of experts, he responded that SA had world-renowned nuclear technicians, and it continued to produce more each year. The Department was aware that it needed to put mechanisms in place to ensure the retention of these professionals, so it was looking to develop a succession plan, which would ensure that experienced professionals passed their knowledge down to their juniors. This plan would form part of the Nuclear New Build Programme (NNBP).

Regarding the country’s reliance on imported raw materials, the Department’s 2008 policy required that the country be self-sufficient in the entire nuclear value chain. As part of its preparations for the NNBP, the Department was developing relevant strategies that would ensure South Africa participates in the value-chain for the nuclear fuel cycle for peaceful purposes. He informed Members that the country already had a state-owned entity that focuses on research and development for the nuclear fuel cycle.

Referring to the question on the storage capacity for high-level radioactive waste, he said that the reactors were designed in such a way that they were able to store all the waste that was generated on-site, during their operational lifespan. Government’s policy states that all radioactive waste should be stored on-site. Going forward, the government was working on building an off-site interim storage facility by 2030. This project was currently being implemented by the National Radioactive Waste Disposal Institute (NRWDI).

He added that all low-level and intermediate waste was stored in a repository site in Springbok.

Referring to the presentation, he indicated that the Department had sought to present a report that looked at the key amendments to the convention, and what their implications would be for the country. Through the report, the Department also sought to look into the strategic importance of the amendments, and the risks of not ratifying them, such as limited power supply for the country. When supplying the country with nuclear materials, international countries needed to make sure that SA was a member of the amended convention, so that when they traded nuclear material with the country, they were assured that it was compliant with the international standards of physical protection of nuclear material and facilities.

On who was responsible for waste disposal, he said that the Department’s policy ensured that radioactive waste was highly regulated by the National Nuclear Act (NNA) of 1999 and the NRWDI. Operators of a nuclear facility were responsible for the running and maintenance of the facility, while the National Nuclear Regulator (NNR) ensures that the operator complies with the requirements of the licence to operate the nuclear facility.

Regarding the money set aside, he highlighted that the nuclear installation licence, issued by the NNR to operators of nuclear facilities such as Eskom, include a condition that requires that the operators must set aside a decommissioning fund. He confirmed that the operators were indeed setting aside these decommissioning funds, with Eskom being the first to do so, and the South African Nuclear Energy Corporation (NECSA) set to follow.

In addition, the Department was developing a fund bill that would be managed by the NRWDI to manage the funds required to undertake high-level radioactive waste projects and other long-term operations. Cabinet had recently approved the bill to be published for public comments.

Ms Elsie Monale, Chief Director: Nuclear Nonproliferation and Radiation Security, DMRE, said that the International Atomic Energy Agency (IAEA) had an integrated nuclear security support plan which contained training requirements to ensure that the staff were able to upgrade their skills.

She also mentioned that the Department was currently working with the State Security Agency (SSA) to prevent threats facing the nuclear industry.

Dr Philemon Magampa, Director: Nuclear Nonproliferation and Radiation Security, DMRE, said that the country should look into reducing its reliance on imported raw materials and become self-sufficient.

Further discussion

Ms Malinga asked how the Department would ensure that the CPPNM was not in contravention of the Joint Convention on the Safety of Spent Fuel Management (JCSSFM). Was the Department comfortable with Eskom managing the storage of nuclear waste onsite at the KNPP, as it had been unable to keep the lights on?

Although she understood that plans for the security of nuclear reactors were classified information, she asked what measures had been put in place by the Department and the SSA to safeguard the current nuclear installations from terrorists.

Mr Mbambo, referring to the measures put in place, said that in line with the Nuclear Energy Act (NEA), the Department issued the authorisation to nuclear facilities to use nuclear material for peaceful purposes and to trade with companies. Since then, the Department had authorised 274 companies to trade nuclear material in the country and abroad. This trade, it believed, contributed significantly to the country’s economy. One of the measures put in place by the Department was for appointed inspectors to visit these companies on a quarterly basis, and when the need arose, to ensure that the measures put in place were compliant with the conditions of their authorisations. Further, this was done to ensure the companies met the IAEA standards for the physical protection of nuclear material.

Following the inspections, the Department would compile a report that illustrated the state of compliance of each nuclear company with the nuclear physical protection standards and the NEA.

He explained that as the country was a member of the IAEA, it was bound by its obligations. The safeguarding agreement also obliged the country to allow the inspectors from the Agency to come into the country to conduct safeguard assurance -- to confirm that the nuclear material in the facilities was used for peaceful purposes and was providing socio-economic development. During this visit, the Department sends its local inspectors to accompany the IAEA inspectors. In its assessment, the department believed that the nuclear facilities had been compliant with international obligations and domestic laws.

On the possible contravention of the CPPNM with the JCSSFM, he said that to ensure that the two conventions were not in conflict with one another, the Department had consulted with the Chief State Law Advisors at the Department of International Relations and Cooperation and the Department of Justice and Constitutional Development. Both had confirmed that the amendments were consistent with domestic and international law. As such, there was no conflict.

On entrusting Eskom, he highlighted that once moved off-site, the management of radioactive waste became the responsibility of the NRWDI, which was mandated by the law to ensure that the waste was managed safely on a national basis. The Department believed that Eskom was a responsible nuclear operator, and it had skilled officials who had managed the KNPP for 30 years. The entity had been compliant with its licence conditions, as well as the country’s international obligations. He added that the Department was confident that Eskom would continue to conduct its operations safely and responsibly. Similarly, it was confident in the NRWDI’s ability to manage radioactive waste on a national basis and to develop the central interim storage facility. He commended its management of the site in Springbok.

He also applauded NECSA, stating that it had been a responsible operator of its facility for more than 50 years. The country’s systems for the management of radioactive waste were robust, consistent and compliant with international standards. The NRWDI enforced the legislation to ensure that the operators comply with their licence conditions.

The Chairperson asked if the amendments were the only commitments that the Department currently has.

He agreed that the ratification of the amendments must be done in the best interests of the country. He noted that the amendments sought to ensure a fair set of international standards for the country to measure itself against others.

He requested the Department not table amendments late to the Committee in future and asked whether it would table more obligations or international commitments to the Committee.

Mr Mbambo said that the Department had submitted an agreement between African countries on the research and development in Africa, which had been amended, to Parliament for approval.

He said that the Department had in fact started the process of requesting the amendments to the convention in 2018. It had first presented the amendments to the Cabinet, which had referred them to Parliament for consideration and ratification. The Department had then presented the amendments to the Portfolio Committee in November 2018, which, following their adoption, had referred them to the House for ratification. However, the process of ratification had been deferred by the Fifth Parliament to the Sixth.

The Chairperson said he would follow up on what had occurred during the Fifth Parliament.

Adoption of amendments

Mr Mileham reminded the Chairperson that the Committee had to move for the adoption of the proposed amendments. 

Mr M Wolmarans (ANC) moved for the acceptance and adoption of the report and its recommendations. 

Mr Mileham seconded the adoption of the report.

The Chairperson said that the Committee had unanimously recommended the adoption of the proposed amendments. The report would then be referred to the House.

The meeting was adjourned.

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