A country without nuclear power

Poland is one of the few such large and developed countries that still do not use nuclear energy at all, and particularly do not have their sources of generating nuclear power. Despite years of debates, discussions, and changes of prime ministers, ministers, and entire governments, there are no nuclear facilities in 2024 in our country—notably, we do not have a large nuclear power plant once announced.

Because of that, many are not aware that the Polish legal system already has normative acts regulating activities in the field of peaceful use of atomic energy (i.e. the Atomic Law Act of November 29, 2000—hereinafter referred to as the “Atomic Law”)[1] as well as the general principles and conditions for preparation and implementation of investments regarding construction of nuclear energy facilities and accompanying projects (i.e. Preparation and Implementation of Nuclear Energy Facilities and Accompanying Projects Act of June 29, 2011—hereinafter referred to as the “Special Nuclear Act”).[2]

There are statutes, but no implementing regulations

The Special Nuclear Act currently defines the framework for the implementation of the first stage of investment concerning nuclear facilities, involving preparing a preliminary location report. The report needs to include the following matters:

1. seismic, tectonic, geological and engineering, hydrological, and metrological conditions of the planned investment area;
2. external events resulting from human activity in this area;
3. external events resulting from the activity of natural forces in this area;
4. the density of the population and methods of land development in this area;
5. possibility of implementing emergency plans in the event of an emergency regarding radiation in this area.[3]

Under the procedure specified in the Special Nuclear Act, in the event of preparing a preliminary location report, the investor may apply to the President of the National Atomic Energy Agency for an opinion on nuclear safety and radiological protection on this report.

Under Article 5b Section 8 of the Special Nuclear Act, the Council of Ministers shall determine, by regulation:

1. detailed scope of carrying out a preliminary assessment of the area intended for the location of a nuclear energy facility being also a nuclear facility within the meaning of the Atomic Law;
2. cases excluding the possibility of regarding the area as suitable for the location of a nuclear energy facility within the meaning of the Atomic Law, to which the preliminary assessment of the area intended for the location of a nuclear energy facility being also a nuclear facility within the meaning of the Atomic Law is to apply;
3. detailed scope of the preliminary location report for a nuclear power facility being also a nuclear facility within the meaning of the Atomic Law

-considering the need to ensure nuclear safety, radiological protection, and the possibility of conducting efficient emergency procedures in the event of a radiation emergency and taking into account the recommendations of the International Atomic Energy Agency issued in this regard.

Currently, there are no implementing regulations concerning the scope of the preliminary location report which could constitute the basis for a preliminary assessment of the safe location of a nuclear power facility, enabling the prediction and evaluation of the effects of building a nuclear facility in each area.

The long-awaited draft regulation is here

The implementing regulations should specify the criteria to be considered in the comprehensive assessment of the location of nuclear facilities. The government of the previous term was carrying out legislative work on the wording of the relevant regulation. However, due to political changes, the work was, fortunately only technically and temporarily, suspended.

On March 29, 2024, the awaited draft Regulation of the Council of Ministers on the detailed scope of carrying out a preliminary assessment of the area intended for the location of a nuclear energy facility and the detailed scope of the preliminary location report for such a facility[4] (hereinafter referred to as the “Project”) was published on the website of the Government Legislation Center.[5]

The draft regulation includes, among others: several definitions to prepare a location assessment, such as “location area” (area within 5 km from the boundaries of the planned location of the facility) or “location region” (area within 30 km from the boundaries of the planned location of the facility).

The Project also specifies the scope of analyses required to be prepared in terms of seismic conditions occurring in the location area, geological and engineering conditions occurring in the location area, and hydrological and meteorological conditions (what was emphasized were, for example, the assessment of the probability of flooding and its negative consequences done based on preliminary flood risk assessment, flood hazard maps, flood risk maps, flood risk management plans).

According to the Project being processed, the investment in the nuclear facility will not be able to be implemented, i.a.: in an area where it is not possible to carry out the necessary intervention activities in the event of a radiation emergency at the facility; in the area which subsurface there is a potentially active fault; when a civil airport is located less than 15 km from the boundaries of the planned location, or in a place where there are low-strength soils or fragile rocks or soils with other unfavorable parameters and their strengthening or modification would not be possible.

Legislative light at the end of the tunnel – at a snail’s pace we are moving towards nuclear power

Investments in nuclear facilities must be carried out in a particularly transparent, planned, and secure manner. The specification of the criteria and conditions for the location assessment expressed in the Special Nuclear Act is not only crucial from the perspective of the formal aspect of the investment process but also it is an important step towards guaranteeing public safety. Specification of the existing regulation with implementing provisions will not only bind the person preparing the location report (investor) and the authority (the President of the National Atomic Energy Agency), but it will also clearly show the citizens that the interests of residents and their safety are guaranteed. Therefore, any risks associated with such a specific investment are comprehensively examined and subject to a systematic, specialized assessment at each stage of planning and implementation of the investments.

The publication of the Draft Regulation should be considered a positive fact. Regardless of political opinions, party preferences, or even approaches to nuclear energy or climate and ecological issues in general, the legislator cannot allow for the existence of gaps in the implementing provisions that specify the specific investment procedure for nuclear facilities.

Currently, the draft regulation is being reviewed. Let’s hope that the legislative work will be done soon, and teams of experts commissioned by potential investors will be able to start working on location reports for specific facilities.

[1] In Polish: Ustawa z dnia 29 listopada 2000 r. Prawo atomowe.

[2] In Polish: Ustawa z dnia 29 czerwca 2011 r. o przygotowaniu i realizacji inwestycji w zakresie obiektów energetyki jądrowej oraz inwestycji towarzyszących.

[3] See: Article 5b Section 2 of the Special Nuclear Act.

[4] In Polish: Projekt Rozporządzenia Rady Ministrów w sprawie szczegółowego zakresu przeprowadzania wstępnej oceny terenu przeznaczonego pod lokalizację obiektu energetyki jądrowej będącego równocześnie obiektem jądrowym, przypadków wykluczających możliwość uznania terenu za nadający się do lokalizacji obiektu energetyki jądrowej będącego równocześnie obiektem jądrowym oraz szczegółowego zakresu wstępnego raportu lokalizacyjnego dla takiego obiektu.

[5] See: https://legislacja.rcl.gov.pl/projekt/12383601/katalog/13048845#13048845.