providing for the protection of persons, property & the environment against nuclear damage...
TRANSCRIPT
Providing for the protection of persons, property & the Environment against nuclear damage
Parliamentary Portfolio Committee on Minerals and Energy
REPORT ON THE ACTIVITIES OF THE NATIONAL NUCLEAR REGULATOR FOR
THE 2005/6 FINANCIAL YEAR
30 January 2007
M. MagugumelaCHIEF EXECUTIVE OFFICER
Providing for the protection of persons, property & the Environment against nuclear damage
Scope of Presentation
Mandate and object of the National Nuclear Regulator (NNR)
Regulated and non regulated activities
Highlights from the 2005/06 NNR annual report
Regulatory control over Power Reactors Facilities
Regulatory control over Nuclear Technology and Natural Sources
Annual Financial Statements for 2005/6
Conclusion
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1. MANDATE AND OBJECTS OF THE NNR
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1. MANDATE OF NNR
The National Nuclear Regulator Act ( Act No 47 of 1999) (NNRA) established the National Nuclear Regulator (NNR). It repeals the Nuclear Energy Act (NEA) ( Act No 131 of 1993) which was applicable to the erstwhile Council for Nuclear Safety (CNS).
The NNRA came into force on 24 February 2000.
The previous NEA legislated activities of both the Atomic Energy Corporation of South Africa and the CNS. The promulgation of the NNRA, which deals exclusively with the regulation of the nuclear industry, provides for the separation of the promotional and Regulatory functions in the nuclear industry in South Africa.
The promotional aspects of nuclear activities in South Africa are legislated by the Nuclear Energy Act (Act No 46 of 1999)
Providing for the protection of persons, property & the Environment against nuclear damage
The mandate of the NNR is to
“……Provide for the protection of persons, property, and environment against nuclear damage, through …”
MANDATE Cont …MANDATE Cont …
Providing for the protection of persons, property & the Environment against nuclear damage
OBJECTS OF NNRSection 5 of the NNR Act
Exercise regulatory control over nuclear installations, vessels propelled by nuclear power or having radioactive material on board and actions through the granting of nuclear authorisations.
Provide assurance of compliance of conditions of nuclear authorisations through compliance inspections.
Fulfil national obligations in respect of international instruments.
Ensure that provisions for an emergency plan are in place.
Providing for the protection of persons, property & the Environment against nuclear damage
STRUCTURE OF NNR
MinisterMinerals and Energy
NNR Board of Directors
NNR CEO
Power Reactors -
PRD
Nuclear Tech. Natural SourcesNTNS
Regulatory Strategy
DevelopmentRSD
Corporate Support services
CSS
Assessment Group
AG
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OBJECTS OF THE NNRSECTION 5
NNR is controlled and governed by a board.The board— must ensure that the objects of the
Regulator referred to in section 5 are carried out; and
exercises general control over the performance of the Regulator’s functions.
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2. REGULATED AND NON-REGULATED ACTIVITIES
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AREAS REGULATED BY THE NNR
NUCLEAR POWER REACTORS
Eskom Koeberg Nuclear Power Station – KNPS
Twin 900MWe generating power station located on the West Coast +/- 40 Kms North of Cape Town
Operational Since 1984
Pebble Bed Modular Reactor – PBMR
Nuclear Installation Licence application received from Eskom in July 2000
Licensing process for the PBMR Demonstration Power Plant (DPP) is in progress. No nuclear licence issued yet.
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AREAS REGULATED BY THE NNR
NUCLEAR TECHNOLOGY AND NATURAL SOURCES
PBMR Fuel Manufacturing Plant – PBFP
Nuclear installation licence application was received from Necsa in July 2000
This was subsequently withdrawn by Necsa in 2005
A new application was received from PBMR Fuel Company in October 2005
NNR licensing process for the PBMR Fuel Manufacturing Plant is in progress
No nuclear license has been issued
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AREAS REGULATED BY THE NNR
NUCLEAR TECHNOLOGY AND NATURAL SOURCES
South African Nuclear Energy Corporation – NECSA
Pelindaba Site Located west of TshwaneResearch reactors and other industrial applicationsVarious stores and waste management facilities
PelstoreThabana Pipe StoreEffluent treatment facility
Vaalputs National Waste RepositoryLocated in the Northern Cape
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AREAS REGULATED BY THE NNR
NUCLEAR TECHNOLOGY AND NATURAL SOURCES
Mining and Minerals Processing
Currently over 118 authorisations issued
Users of small quantities of Radioactive materials
Currently 28 authorisations issued
Vessels
Either propelled by nuclear power orCarrying radioactive material on board
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AREAS NOT REGULATED BY THE NNR
(exclusions Section 2(2) of the Act) Exposure to cosmic radiation or potassium-40 in the
body.
Any radioactive material or action not amenable to regulatory control.
Group IV hazardous substances as defined in the Hazardous Substances Act.
Group III hazardous substances in term of the Hazardous Substances Act
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3. HIGHLIGHTS FROM THE ANNUAL REPORT
(2005/6)
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REGULATORY CONTROL OVER POWER REACTOR FACILITIES
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REGULATORY OVERSIGHT OF KNPS
The current KNPS authorization, Nuclear Installation Licence NL-1 Variation 16, issued to Eskom in terms of section 23 of the NNR Act, is subject to 16 conditions, including specific licensing requirements , which form the basis for the NNR regulatory oversight of Koeberg in protecting the public, property and the environment.
Providing for the protection of persons, property & the Environment against nuclear damage
REGULATORY OVERSIGHT OF KNPS
SAFETY ASSURANCE ACTIVITIES
Safety assessments
– As in previous years a major part of the NNR’s work associated with KNPS related to the verification of nuclear safety through conducting of in depth safety assessments related to plant modifications, plant condition management and probabilistic risk assessment.
Providing for the protection of persons, property & the Environment against nuclear damage
REGULATORY OVERSIGHT OF KNPS
SAFETY ASSURANCE ACTIVITIES (Cont…)
Occupational Exposure to radiation
Radiation exposures to personnel working at Koeberg are subject to control by the operational radiation protection programme which ensures that control within the annual individual dose limit, set by the NNR, is achieved .
In terms of occupational exposure, the worker doses over the reporting period were within the regulatory limits.
Public Exposure to radiation
Public exposure to radiation is controlled within strictly defined limits, set by the NNR, through the implementation of a radiological emission and effluent management programme, which ensures that the discharges of radioactivity from Koeberg result in no significant risk to the public
There were no concerns regarding the safety of the public living around KNPS during the reporting period.
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SAFETY ASSURANCE ACTIVITIES (Cont…)
Emergency Planning and Preparedness
The NNR conducted a full scale nuclear emergency exercise at the KNPS on 15 February 2006.
Overall the response of the licensee (Eskom) and the intervening organisations was satisfactory.
The NNR umpires identified a few areas of concern and potential areas for improvement of the Koeberg Emergency Plan.
Some aspects of the “late phase” plan need further improvement and testing.
The exercise report indicating the NNR graded findings and expected dates for implementation of corrective actions was sent to Eskom and the relevant authorities.
NNR is monitoring implementation of identified corrective actions
REGULATORY OVERSIGHT OF KNPS
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REGULATORY OVERSIGHT OF KNPS
SAFETY ASSURANCE ACTIVITIES (Cont…)
Inspections and audits
The NNR conducted independent compliance assurance inspections (approximately 207 inspections ) and audits at KNPS as part of its compliance assurance programme.
Although , during these inspections and audits ,the NNR identified problems and potential areas for improvement the NNR was satisfied with the overall compliance of KNPS.
Incidents and occurrences
Although many occurrences (approximately 457) were reported at KNPS none of these were assessed by the NNR as falling in the category of incidents and accidents as defined in the NNR Act.
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REGULATORY ISSUES
1.Development around the Koeberg plant – impact on Emergency Planning
The NNR requirements related to the Regulation 287 in terms of section 38(4) of the NNRA being implemented via a requirement document RD 0015 “NNR requirements on the control and monitoring of developments in the formal emergency planning zone of Koeberg Nuclear Power Station” issued to the authorities in June 2005
Application to subdivide a property within the 5 km “Urgent Protective Action Zone” (UPZ) into approximately 1100 erven made to the City Of Cape Town
This application contravenes the Regulation 287 and RD-0015
The NNR instituted legal action to prevent approval of this application by the authorities and the process was stopped.
REGULATORY OVERSIGHT OF KNPS
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REGULATORY ISSUES Cont …
Development around the Koeberg plant – impact on Emergency Planning
The applicant approached the Cape Town High Court to contest the decision
“Notice of Motion”, issued by the High Court of South Africa (Cape of Good Hope Division) was served on the NNR (2nd respondent) and other 4 respondents: Minister of Minerals and Energy (1st respondent), Eskom, Premier of Western Cape, City of Cape Town)
In terms of the Notice, application was made for an order to declare Regulation 287 and the requirements of RD-0015 regarding the 5 km zone unlawful and invalid.
NNR has prepared a complete copy of all proceedings, which led to the Regulation, and RD-0015 and this was provided to the firm of attorneys handling the issue for the NNR.
The next step will be for the matter to be heard at the High Court –which is scheduled for May 2007.
REGULATORY OVERSIGHT OF KNPS
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EVENTS AT KOEBERG
1. UNIT 1 Generator failure in December 2005
As a follow up to this event Eskom’s investigation was unable to conclusively determine the root cause but from the presence of the bolt in the generator it is clear that the clean conditions, as required by the foreign material exclusion programme, that were implemented in outage 115 were inadequate.
Eskom identified and implemented several corrective actions
As part of the closure of this event the NNR conducted an inspection, during the plant refueling outage on Unit 2 in May-June 2006, on the process relating to foreign material exclusion.
The NNR is satisfied with the improvements made to this process, including additional training and oversight. The NNR will continue to monitor this process at future outages
REGULATORY OVERSIGHT OF KNPS
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EVENTS AT KOEBERGUNIT 1 Generator failure in December 2005 Cont …
The NNR received and reviewed the investigation report from NIA related to physical security.
The NNR has no basis, based on the report, to conclude that there were breaches to physical security at KNPS.
The NNR has determined that the physical security protection measures for the nuclear safety related equipment were not challenged and are adequate to ensure nuclear safety at KNPS.
REGULATORY OVERSIGHT OF KNPS
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EVENTS AT KOEBERG2. Off site power supplies failure
Several events between 25 December 2005 and June 2006 resulted in grid failures to the Western Cape
As an integral part of its investigation the NNR required several reports from Eskom to address the reliability of the off-site power supplies
The NNR has received these reports and completed the review.
The NNR is satisfied with the measures and corrective actions taken and implemented by Eskom to improve the reliability of off-site power supplies and will continue to monitor the effectiveness of these
REGULATORY OVERSIGHT OF KNPS
Providing for the protection of persons, property & the Environment against nuclear damage
During the reporting period the NNR continued to review the nuclear installation licence application submitted by
Eskom.
Main NNR licensing activities are linked to the resolution of Key Licensing Issues (KLIs) and safety issues identified by the NNR during the NNR review of the PBMR safety case.
In parallel to this process the NNR also performed preliminary reviews of the revised draft Safety Analysis Report (SAR)
As an integral part of its review of the licence application in terms of its compliance assurance programme, the NNR also performed or observed audits on some potential suppliers to the PBMR Company
No nuclear installation licence has been issued. The issuance of the nuclear installation licence will be subject to receipt and the satisfactory review of the safety case, and the finalisation of the NNR public hearing process.
REGULATORY OVERSIGHT OF PBMR
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REGULATORY CONTROL OVER NUCLEAR TECHNOLOGY AND
NATURAL SOURCES
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Mining and mineral processing facilities are regulated by means of a Certificate of Registration in terms of Section 22 (1) of the National Nuclear Regulator Act.
A typical Certificate of Registration (CoR) has about 10 authorization conditions.
Authorization conditions of a CoR cover the same scope as that of a nuclear installation licence.
Currently 118 facilities have been authorised by the NNR
REGULATORY OVERSIGHT OF MINING AND MINERALS
PROCESSING
Providing for the protection of persons, property & the Environment against nuclear damage
SAFETY ASSURANCE ACTIVITIES
Safety Assessments
As in previous years a major part of the NNR’s work associated with the mining and minerals processing facilities related to the verification of nuclear safety through conducting of in depth safety assessments related to modifications, facilities condition management and hazards assessment.
REGULATORY OVERSIGHT OF MINING AND MINERALS
PROCESSING
Providing for the protection of persons, property & the Environment against nuclear damage
SAFETY ASSURANCE ACTIVITIES Occupational Exposure to radiation
Radiation exposures to personnel working at these facilities are subject to control by the operational radiation protection programme which ensures that control within the annual individual dose limit, set by the NNR, is achieved.
The number of workers exposed to above the dose limit of 50 mSv/a has been decreasing over the last five years.
The NNR is nevertheless concerned that there are still workers, 8 for the period under review, being exposed above the dose limit.
In these instances, the NNR has directed the relevant holders to implement mitigative actions, including relocation of the affected workers to prevent further exposure.
The NNR continues to closely monitor the situation
REGULATORY OVERSIGHT OF MINING AND MINERALS
PROCESSING
Providing for the protection of persons, property & the Environment against nuclear damage
Public Exposure to radiation
Public exposure to radiation due to NORM facilities is controlled in terms of public dose limit imposed by the NNR.
There were no concerns regarding the safety of the public leaving around NORM facilities during the reporting period.
Radioactive waste safety
Radioactive waste material from NORM facilities is controlled in terms of NNR requirements for radioactive waste management
In terms of the quantities generated, the NNR is satisfied that waste is controlled in line with NNR requirements.
REGULATORY OVERSIGHT OF MINING AND MINERALS
PROCESSING
Providing for the protection of persons, property & the Environment against nuclear damage
Inspection and Audits
A total of 212 inspections were conducted during the reporting period.
A total number of 7 formal audits at various mining facilities were conducted to ascertain the degree to which these mines were complying with quality management systems.
The audits revealed that most holders had not yet fully implemented a proper quality management system.
The authorisation holders were directed to schedule the implementation of the Quality Management System
The NNR is monitoring this situation.
REGULATORY OVERSIGHT OF MINING AND MINERALS
PROCESSING
Providing for the protection of persons, property & the Environment against nuclear damage
Incidents or Occurrences
A total of 14 occurrences were reported by holders during the period.
Four were Class 1, which is a more severe case
The NNR required the holders to provide corrective and preventative plans in response to these occurrences
Although several occurrences were reported by the NORM facilities none of these were assessed by the NNR as falling in the category of incidents and accidents as defined in the NNR Act.
REGULATORY OVERSIGHT OF MINING AND MINERALS
PROCESSING
Providing for the protection of persons, property & the Environment against nuclear damage
Necsa operations at the Pelindaba are regulated in terms of Nuclear Installation Licence, NL-27.
NL-27 has 22 licence conditions which sets out specific licensing requirements.
These conditions form the basis of the NNR regulatory oversight of Necsa in protecting of the public, property and the environment.
REGULATORY OVERSIGHT OF NECSA – PELINDABA SITE
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SAFETY ASSURANCE ACTIVITIES
Safety Assessments
The NNR approved 99 licence change requests by Necsa during the reporting period. These included safety assessments, facility operational technical specifications, in-service inspection manuals, radiation protection standards, security manuals and quality management manuals.
REGULATORY OVERSIGHT OF NECSA – PELINDABA SITE
Providing for the protection of persons, property & the Environment against nuclear damage
SAFETY ASSURANCE ACTIVITIES
Occupational Exposure to radiation
Radiation exposures to personnel working at Necsa (Pelindaba) are subject to control by operational radiation protection programme which ensures that control within the annual individual dose limit set by the NNR is achieved.
In terms of occupational exposure, the worker doses over the reporting period were within the regulatory limits.
Public Exposure to radiation
Public exposure to radiation is controlled within strictly defined limits, set by the NNR, through the implementation of a radiological emission and effluent management programme, which ensures that the discharges of radioactivity from Necsa (Pelindaba) result in no significant risk to the public
There were no concerns regarding the safety of the public living around Necsa (Pelindaba) during the reporting period.
REGULATORY OVERSIGHT OF NECSA – PELINDABA SITE
Providing for the protection of persons, property & the Environment against nuclear damage
SAFETY ASSURANCE ACTIVITIES Emergency Preparedness
The NNR conducted a full scale nuclear emergency exercise at the Necsa (Pelindaba) in November 2005.
Overall the response of the licensee (Necsa) and the intervening organisations was satisfactory.
The NNR umpires identified some concerns and potential areas for
improvement of the Emergency Plan.
The exercise report indicating the NNR findings was communicated to Necsa.
Necsa submitted a corrective action plan to address the findings and ensure full compliance with regulatory requirements.
The NNR is monitoring the implementation of the identified corrective actions.
REGULATORY OVERSIGHT OF NECSA – PELINDABA SITE
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SAFETY ASSURANCE ACTIVITIES
Inspections and Audits
During the reporting period NNR inspectors performed a total of 153 compliance inspections on the Necsa site. These inspections covered all aspects of the licensing conditions.
The NNR was satisfied with the level of compliance of Necsa.
Incidents and Occurrences
A total of 114 occurrences were reported at Necsa
None of these were in the category of incidents or accidents as defined in the NNR Act.
REGULATORY OVERSIGHT OF NECSA – PELINDABA SITE
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1. Necsa Calibration facility
As a follow up to the Necsa calibration facility issue, the NNR strengthened controls of the facility.
Necsa was directed to strengthen physical security, erect appropriate signage, and to apply for a separate authorisation.
The calibration facility is currently under a separate authorisation.
The NNR is satisfied with the improvements made to the controls of this facility
REGULATORY OVERSIGHT OF NECSA – PELINDABA SITE
EVENTS AT NECSA
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2. Breaches Of Physical Security
• A number of breaches with regard to physical security were reported by Necsa in the latter half of 2005. These involved theft of material and equipment from within stores on the Pelindaba site.
• NNR conducted investigations which included: audits and inspections for physical security and benchmarking exercise with KNPS physical security
• The NNR was not satisfied with the level of physical security at the Pelindaba site.
REGULATORY OVERSIGHT OF NECSA – PELINDABA SITE
EVENTS AT NECSA
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Necsa was directed to:
Procure the services of a security expert to evaluate their physical security system and to make immediate improvements to the system to prevent intrusion and theft of material or diversion of radioactive material.
Upgrade security instrumentation and monitoring. Restrict site access outside of normal working hours. Place a moratorium on new commercial tenants on the
site.
A SAPS report has now been provided to the NNR
Necsa has put in place an action plan to upgrade physical security and the NNR is monitoring the implementation of this plan.
REGULATORY OVERSIGHT OF NECSA – PELINDABA SITE
EVENTS AT NECSA
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3. Contamination in Building P-1500
A contamination incident occurred in building P-1500 during the preparation of samples consisting of radioactive tracers (gold and lanthanum) in early December 2005.
Samples were spilled resulting in contamination of the
building. On detection of the contamination, the Necsa emergency
response plan was activated; all persons were removed and the building was sealed off.
Since the samples fall within the Group IV substances, the lead Regulator was the Directorate of Radiation Control (DRC) in the Department of Health.
REGULATORY OVERSIGHT OF NECSA – PELINDABA SITE
EVENTS AT NECSA
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However, the NNR conducted its own investigation into the incident and concluded that there was no safety concern to the workers.
The NNR investigation also identified some inadequacies which could have contributed to the occurrence.
This incident has highlighted the need for strengthening coordination of regulatory oversight between the NNR and the DRC.
REGULATORY OVERSIGHT OF NECSA – PELINDABA SITE
EVENTS AT NECSA
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The NNR continued to review the nuclear installation licence application submitted by Necsa in June 2000 for the prospective siting, construction, operation, decontamination, and decommissioning.
This Nuclear Installation Licence application was subsequently withdrawn by Necsa in October 2005.
A new application was received from PBMR Fuel Company in October 2005
The NNR is currently reviewing this application
No nuclear licence has been issued.
The issuance of the licence is subject to:
Receipt and successful review of the Safety Case The conclusion of the a public participation process, as
required by the NNR Board
REGULATORY OVERSIGHT OF PBMR FUEL MANUFACTURING PLANT
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The current Vaalputs authorization Nuclear Installation Licence NL-28 Variation 3, issued to Necsa in terms of section 23 of the NNR Act, is subject to 5 conditions which form the basis for the NNR regulatory oversight of Vaalputs in protecting the public, property and the environment.
REGULATORY OVERSIGHT OF NECSA – VAALPUTS SITE
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SAFETY ASSURANCE ACTIVITIES
Safety assessments
The safety assessments for Vaalputs includes the review of facility operational technical specifications, in-service inspection manuals, radiation protection standards, security manuals and quality management manuals.
REGULATORY OVERSIGHT OF NECSA – PELINDABA SITE
Providing for the protection of persons, property & the Environment against nuclear damage
SAFETY ASSURANCE ACTIVITIES
Occupational Exposure to radiation
Personnel working at the Vaalputs site are subject to control by the operational radiation protection programme to ensure that annual individual dose limits which are set by the NNR are complied with.
In terms of occupational exposure, the worker doses over the reporting period were within the regulatory limits.
Public Exposure to radiation
There were no concerns regarding the safety of the public living around Vaalputs during the reporting period.
REGULATORY OVERSIGHT OF NECSA – VAALPUTS SITE
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SAFETY ASSURANCE ACTIVITIES Inspections and Audits
During the reporting period NNR inspectors performed a total of 23 compliance inspections on the Vaalputs site. These inspections covered all aspects of the licensing conditions.
The NNR was satisfied with the level of compliance of Necsa at the Vaalputs site.
Incidents or Occurrences
There were no incidents associated with the Vaalputs site reported in the reporting period.
REGULATORY OVERSIGHT OF NECSA – VAALPUTS SITE
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SAFETY ASSURANCE ACTIVITIES
Radioactive Waste Safety
Vaalputs is only licensed to dispose of radioactive waste from Koeberg.
During the reporting period 18 shipments consisting of 319 radioactive waste packages were received at the Vaalputs site from Koeberg for final disposal.
This waste has been assessed to meet the requirements of the Vaalputs waste acceptance criteria.
REGULATORY OVERSIGHT OF NECSA – VAALPUTS SITE
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4. ANNUAL FINANCIAL STATEMENTS FOR 2005/06
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Background
The Public Finance Management Act, 1999 (Act No. 1 of 1999, as amended, requires the directors to ensure that the NNR keeps full and proper records of its financial affairs.
The annual financial statements must fairly present the NNR’s financial position, its performance against predetermined objectives and in terms of Generally Accepted Accounting Practice.
ANNUAL FINANCIAL STATEMENTS
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INCOME STATEMENT The NNR generated Revenue from Authorisation fees of
R47,647m in comparison to R44,531m in the previous financial year. This represents an increase of 7%, mainly due to the improvement in the system of internal controls around revenue collection.
Overall increase in operation income of 1% from R52,598m in previous financial year to R53,256m in 2006, this performance is despite a reduction of R2,650m in the State Grant from R8,067m in 2005 to R5,417m.
Total operating expenditure for the year amounted to R 52,271m in comparison to the budget R56, 941m. This represents an under-expenditure of R4,671 resulting from unfilled 15 vacancies at year end.
ANNUAL FINANCIAL STATEMENTS
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BALANCE SHEET Working Capital Management improved significantly; this is
indicated by the following:
Trade and Other Receivables as a percentage of authorisation fees decreased from 21,86% in 2005 to 5,27% in the current year. This is an indication of improvement in the collection of debtors.
Trade Payables and Provisions as a percentage of total expenditure dropped slightly from 9.72% in the previous year to 8,77 in the current year. This is an indication of tight cash flow management.
Net increase in cash and cash equivalents increased from R4,6m in the previous year to R12,9m in the current year, further indicating improvements in collection and cash flow management.
ANNUAL FINANCIAL STATEMENTS
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BALANCE SHEET
Post medical Liability
The NNR operates both a defined benefit plan in respect of post-retirement medical aid contributions as well as in respect on the pension fund. The defined benefit plans are subject to an annual actuarial valuation.
Actuaries valuation of the liability at year end was R27,937m compared to R25, 315m in the previous financial year.
ANNUAL FINANCIAL STATEMENTS
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5. CONCLUSION
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In general, the NNR is satisfied with the safety
performance of the various regulated entities in terms of protecting the workers, public and the environment.
The NNR was, however, concerned about certain occurrences, specifically: Reliability of off-site power supplies with respect to Koeberg
While the NNR is satisfied with the corrective actions implemented by ESKOM, the NNR continues to monitor the situation
Physical security with respect to Necsa In response to the NNR directive, Necsa has made
improvements to the Physical security arrangements. The NNR continues to monitor the situation.
Over-exposure of workers in some mines Whilst the NNR is satisfied with the implementation of the
mitigative actions by the relevant authorisation holders, the NNR continues to monitor the situation.
CONCLUSION