Türkiye: legal framework of small modular nuclear reactors and applications
Mehmet Feridun İzgi, PhD
Balcıoğlu Selçuk Ardıyok Keki Attorney Partnership, Istanbul
Rafet Eren Kazar
Balcıoğlu Selçuk Ardıyok Keki Attorney Partnership, Istanbul
Introduction
In Türkiye, the Nuclear Regulatory Authority (the ‘Authority’) is responsible for overseeing and supervising all activities related to nuclear energy. The Nuclear Regulation Law (NRL), which came into force on 8 March 2022, was enacted to outline the provisions governing the operations and responsibilities of the Authority. The NRL includes various regulations concerning the Authority’s structure and powers, the imposition of administrative fines on individuals and entities involved in nuclear energy activities, the conduct of inspections and the issuance of necessary permits.
Paragraph 1 of Article 3 of the NRL mandates that individuals and entities engaged in activities related to nuclear energy and materials must comply with the international agreements and conventions on nuclear safety to which Türkiye is a party. Consequently, these international agreements and conventions, which Türkiye has concluded over the years, are regulated to ensure they are legally binding for all parties involved.
Article 7 of the NRL stipulates that all activities and authorised individuals involved in nuclear energy are subject to the supervision of the Nuclear Regulatory Authority. The Authority’s oversight extends to inspecting the activities of contractors, subcontractors, suppliers and sub-suppliers associated with the authorised individuals. Inspections are comprehensive and may be conducted with or without prior notice, according to a scheduled or unscheduled program, on any day of the year, and at any time of day, including public holidays.
[1] This extensive scope underscores the legal authority granted to the Nuclear Regulatory Authority in overseeing nuclear energy activities and highlights the legal dimension of the Authority’s inspection authority in nuclear energy activities.
To enforce the provisions of the Nuclear Regulation Law, the Ministry of Energy and Natural Resources of the Republic of Türkiye has promulgated regulations on various matters. Among these, key regulations include the Regulation on Management System in Nuclear Facilities, Radiation Facilities, and Radioactive Waste Facilities, the Regulation on Nuclear Regulatory Authority Transaction and Service Fees, the Regulation on Organization Structure and Personnel in Nuclear Facilities, and the Regulation on Authorizations Regarding Nuclear Facilities.
The Regulation on Authorizations Regarding Nuclear Facilities (the ‘Regulation’), which came into effect on 17 March 2023, introduced new guidelines for the licensing procedures of nuclear facilities. Upon its enactment, the previous Regulation on the Licensing of Nuclear Facilities, in force since 1983, was repealed. This earlier regulation outlined licensing procedures in three stages: site licence, construction licence and operation licence.[2]
In contrast, the Regulation encompasses regulations on organising applications and general requirements concerning the processes, manufacturing, site, construction and operation processes. Although the Regulation does not contain specific provisions directly addressing Small Modular Reactors (SMRs), Article 2 of the Regulation, defining its scope, states that ‘this Regulation covers nuclear facilities’. Consequently, it is understood that the licensing processes for SMRs will also fall within the purview of this Regulation.
Finally, under the Law on the Establishment and Operation of Nuclear Power Plants and Energy Sales, which came into effect in 2007, there are regulations governing the establishment of companies to build power plants and provisions related to these incentives.
SMR developments and activities in Türkiye
In Türkiye, studies on SMRs are developing along two branches with both public and private sector activities. One of the important studies in this field is the signing of a protocol of understanding between EUAS International ICC, an overseas subsidiary of Elektrik Üretim AŞ, a state-owned enterprise, and British Rolls Royce to assess the technical, licence, commercial and legal applicability and production possibilities of SMRs in Türkiye.[3] With these analyses, the applicability of SMRs in Türkiye will be determined and further steps will be planned in this framework.
In addition, the 12th Development Plan, published by the Presidency of the Republic of Türkiye Strategy and Budget Directorate and covering the years 2024–2028, states that ‘in addition to the Akkuyu Nuclear Power Plant, the use of nuclear energy in our country will become widespread by increasing electricity generation with additional new nuclear power plants and domestic small modular reactors (SMR)’. [4] In addition, the importance given to the expansion of SMRs is also stated in different declarations made by the Investment Office of the Presidency of the Republic of Türkiye, which is another organisation related to the executive branch.
Conclusion
Since the signing of the Cooperation Agreement on the Peaceful Uses of Nuclear Energy between Türkiye and the United States in 1956, Türkiye’s engagement in the field of nuclear energy has evolved through various stages and continues to progress today. Subsequent periods saw these stages incorporated into plans drafted by executive bodies, with evaluations regularly conducted. In 2010, significant strides were taken with the initiation of the Agreement on Cooperation on the Establishment and Operation of a Nuclear Power Plant at the Akkuyu Site between the Governments of Türkiye and the Russian Federation, marking the commencement of construction processes that are now underway.
Based on these studies and notifications from official institutions, it appears feasible for Türkiye to capitalise on the advantages of SMRs both during the installation phase and in mobilisation processes. Furthermore, Türkiye’s recent revisions to its legislation governing nuclear energy, along with the enactment of new regulations in this domain over the past two years, underscore its commitment to advancing in this field. Official statements suggest that Türkiye, as one of the countries reliant on natural gas for meeting its energy needs, is poised to take the requisite steps to leverage the benefits offered by SMRs. This includes making necessary legal arrangements for SMRs and addressing any legal uncertainties inherent in the current scenario.
Notes
[1] The relevant regulation was introduced by Art 7 of Law No 7381 on the Nuclear Regulation Law published in the Official Gazette 8 March 2022 No 31772.
[2] M. Alagöz, G. Koca, M. Başaran, Karapinar, G. Küçükaslan and M. Yardimci, SMR Küçük Modüler Reaktörler (2021).
[3] ‘Rolls-Royce announces funding secured for small modular reactors’ (Rolls-Royce, 8 November 2021), www.rolls-royce.com/media/press-releases/2021/08-11-2021-rr-announces-funding-secured-for-small-modular-reactors.aspx.
[4] T.C. Cumhurbaşkanlığı Strateji ve Bütçe Başkanlığı, On i̇ki̇nci̇ Kalkinma Plani (2024–2028) (2023), www.sbb.gov.tr/wp-content/uploads/2023/12/On-Ikinci-Kalkinma-Plani_2024-2028_11122023.pdf.