[Opinion] Securing the Independence of the Nuclear Safety and Security Commission: Now Is the Opportunity

Professor Jeong Dong-wook, Department of Energy Systems Engineering, Chung-Ang University.
Photo by Asia Economy DB

On the 24th, a seminar titled "Yoon Seok-yeol Era, Promotion of Nuclear Power Advancement Policy" was hosted by Kim Young-sik, a member of the People Power Party. The seminar featured many criticisms of the Nuclear Safety and Security Commission (NSSC). This was due to the perception that the independence of safety regulations had been compromised over the past five years and had become a tool for the anti-nuclear power policy. A representative example was the appointment of a person who advocated for nuclear phase-out as the chairman. It was likened to appointing someone who says cars are dangerous and should be eliminated as the head of vehicle inspections. Nuclear power operates on two wheels: promotion and regulation. These two wheels move toward the goal of national benefit and public welfare through the use of nuclear power. While balance must be maintained, the wheels must not turn in opposite directions. Regulation is a means to ensure that the industry can safely contribute to the nation. The independence of regulatory agencies is a key condition for securing the legitimacy of regulation.

The International Atomic Energy Agency (IAEA) specifies that the independence of safety regulation must be maintained not only from nuclear power operators but also from organizations opposing the use of nuclear power. As seen in the appointment of personnel aligned with the anti-nuclear phase-out code, there are benefits gained from opposing nuclear power. The composition of the NSSC is very important for its independence. The law already stipulates that those involved in nuclear power projects must be excluded. Anti-nuclear activists should also be excluded.

Expertise forms the foundation of independence. Independent decisions cannot be made without expertise. Even if decisions are made, it is difficult to gain authority for those decisions. Safety is a sensitive issue for the public, and nuclear regulation is a specialized field with terminology that is hard for the general public to understand. Therefore, authoritative decisions are even more necessary. The NSSC consists of a nine-member commission, a secretariat, and a safety expert committee, supported by affiliated organizations such as the Korea Institute of Nuclear Safety (KINS) and the Korea Institute of Nuclear Nonproliferation and Control (KINAC). In terms of personnel, it is about 1,000 people. Few countries worldwide have such a specialized safety regulatory system.

However, criticism of "lack of expertise" arises because transparency in the decision-making process and responsibility is not visible. The decision-making body is the commission, and the secretariat assists the commission's decisions. In this process, opinions from affiliated organizations are heard, and advice from the expert committee is received. Responsibility for decisions lies with the commissioners, and the secretariat must play a key role in the decision-making process. This responsibility and role become apparent when the commission and secretariat explain the reasons for their judgments and the decision-making process to the public. It is like a judge publicly delivering a verdict. This is why there is a lack of proactive resolution and clear public explanation from the commission on socially significant issues currently ongoing, such as the detection of tritium at the Wolseong Nuclear Power Plant.

Transitioning from a mostly non-standing commission to a standing commissioner system could help secure independence and expertise. Experts do not necessarily have to be nuclear specialists. However, whether they are legal professionals or administrators, they should have experience in the nuclear field. Introducing a hearing system like in the United States to verify the expertise and independence of commissioners is also a method. It is difficult for the secretariat, a government organization, to become a highly specialized expert group. This is why the NSSC has affiliated specialized institutions. The IAEA mentions that at a minimum regulatory expertise level, there should be effective information exchange with experts. Even if specialized analysis is supported by affiliated institutions and external experts, the NSSC must establish the ability and collaboration system to lead expert groups and utilize information.

For the Yoon administration’s goal of making Korea a nuclear power, restoring trust in the NSSC through independence and expertise is an urgent task. The political sphere must also protect the independence of the NSSC. The expansion of nuclear power use must be based on the judgment that nuclear power is safe. Learning from the case where the NSSC was used to pursue nuclear phase-out, the independence of the NSSC is even more necessary for trustworthy nuclear power expansion.

Jung Dong-wook, Professor, Department of Energy Systems Engineering, Chung-Ang University (President of the Korean Nuclear Society)