Nuclear Power Programme For Malaysia Engineering Essay Example

nuclear power are generally unconvinced about its use in generating electricity and skeptical about the economics of atomic energy, as well as the Malaysian and international laws regulating atomic and radioactive materials. As is widely known, the efficiency and susceptibility to accidents of nuclear energy largely depend on the players involved. Those using outdated technologies or operating in poorly regulated conditions without proper oversight can sometimes be the cause of unwanted nuclear incidents.

The laws and policies regarding the atomic industry have evolved to ensure that the state responsible for installing atomic power plants always complies with them. Mishandling or excessive use of radioactive substances can be dangerous, but failure to adhere to these laws and agreements will result in liability or a claim. The Chernobyl accident in 1986, which is considered the worst atomic accident ever, has had positive effects on the world and specifically on the atomic industry. As a result of this incident, there has been an increased focus on improving security measures and strengthening regulatory systems within the industry. Various conventions have been implemented to enforce stricter regulations and guidelines for operating atomic energy.

The Convention on Nuclear Safety 1994 and The Joint Convention of Fuel and Radioactive Waste Management 1997 have provided a framework for the nuclear industry to follow minimum environmental protection standards. These agreements have given more legal authority to the safety rules and guidelines of the International Atomic Energy Agency (IAEA), which were previously not taken seriously. This paper aims to examine Malaysia's current regulatory model, explore international instruments relevant to their atomic program, and discuss considerations for Malaysia's own nuclear power program and development of their new atomic

energy policy.

Part II - Background

2.0 MALAYSIA ENERGY MIX AND POLICY

Since 1981, Malaysia has implemented the Four Fuel Diversification Policy in its energy policy, which includes oil, coal, natural gas, and hydropower. In 1999, there was a proposal to expand this policy by incorporating Renewable Energy (RE) as the fifth fuel.

The aim of the new policy was to reach a minimum of 5% renewable energy (RE) in the state's electricity production by 2005. However, due to inadequate planning and implementation challenges, the objective of saving approximately USD 1.64 billion over five years through RE utilization has not yet been achieved. Subsequently, research demonstrated that implementing a nuclear energy program for generating electricity would not only save costs but also decrease greenhouse gas (GHG) emissions. Consequently, the Malaysian government opted for a nuclear program and established the Nuclear Power Development Steering Committee to oversee its progress. The committee's goal is to have the nuclear power plant fully operational either by 2020 or 2025.

On November 3, 2006, the Minister of Science, Technology & Innovation declared that Malaysia's authorities are determined to acquire their initial atomic reactor with a capacity of 20MW. This showcases Malaysia's dedication to addressing future energy shortages through the atomic power program. The establishment of the Malaysian Nuclear Agency in the same year further demonstrates Malaysia's commitment. In 2010, the government allocated USD 7 billion for the construction of an atomic power plant (NPP), identifying eight potential locations on peninsular Malaysia.

Malaysia is excitedly awaiting the utilization of atomic energy for electricity production, as a 1000 MW nuclear reactor has the capacity to supply electricity to roughly 1 million individuals.

2.1 THE ECONOMICS OF NUCLEAR ENERGY

It has

been demonstrated that atomic energy is more effective in generating electricity compared to fossil fuels or renewable energy sources. To generate 1000 MW of electricity, approximately 2 million metric tons of coal are needed, whereas only about 30 metric tons of uranium are required for the same energy output.

The reason for this is U itself possesses a higher heat value compared to other energy sources, making atomic power a cost-effective option in the long run. The figures below illustrate various fuel types and their respective heat values. Many countries worldwide have validated this theory through analyzing production costs and comparing atomic power with other energy sources. The table provided below displays OECD generation cost categorized by the type of energy source:

2.2 MALAYSIA EXISTING REGULATORY FRAMEWORK

In Malaysia, there is currently only one act specifically addressing the utilization of atomic energy. The Atomic Energy Licensing Act, Act 304 in Laws of Malaysia, was officially established in June 1984.

The purpose of this act is to establish regulations and control for atomic energy, including standards for liability and related matters. The Atomic Energy Licensing Board (AELB), referred to as the Board, is fully responsible for overseeing these matters. According to Section 3, subdivision 8 of the Act, the functions of the Board include providing regulatory advice to the government of Malaysia, controlling and monitoring the production and use of atomic energy, establishing scientific and technical cooperation with other organizations in the field, and ensuring the safety and security of peaceful atomic activities in Malaysia. However, a small portion [9] focuses on licensing atomic activities while another section solely addresses Health and Safety measures. This particular section primarily focuses on

protecting workers but does not cover aspects such as safety or security when it comes to installing nuclear facilities or considering a broader perspective.

Part VI of the Act focuses on case law regarding the disposal of radioactive waste. The regulatory body has authority to instruct licensees to promptly address any operational deficiencies in nuclear facilities. It is required that all licensees must take effective measures to protect 'life, property, health and the environment' in hazardous situations during the installation or operation of nuclear facilities. Additionally, the Act prohibits unauthorized transportation of radioactive waste and states that only approved individuals by the authority can obtain authorization, as long as it does not pose a risk to public safety. However, there is a need for amending this act to ensure comprehensive coverage of all aspects of the nuclear power program.

To establish a more comprehensive statutory law model for the industry, Malaysia should implement various policies, international instruments, and guidelines. In Part III of this study, we will discuss some available and relevant instruments that Malaysia can apply, along with recommendations to consider.

Part III - Analysis

3.0 CONVENTIONS, LEGAL GUIDELINES AND STANDARDS CONCERNING THE USE OF NUCLEAR ENERGY

The Nuclear Safety Convention 1994 provides guidelines for states with nuclear energy programs to ensure and maintain continuous safe practices in the industry. Article 1 of the Convention on Nuclear Safety (IAEA Legal Series No.) explains its purpose.

The convention held in Vienna in 1994 aims to maintain a high level of atomic safety in civil atomic power works and related installations, protect individuals, society, and the environment from harmful radiation, and prevent or mitigate accidents. However, it does not provide detailed international

safety standards for atomic activities. Instead, it urges all states with a nuclear program to commit to using key safety principles in the construction of their nuclear power plants. A follow-up convention was held in 1997 to ensure that member states installing a nuclear power plant adopt high standards of safety and accident prevention. According to Article 19(8) of the Nuclear Safety Convention, any radioactive waste must be kept at the lowest possible level. Parties must also understand that they should not burden future generations more than what is already allowed for present generations during the development, installation, and operation of their nuclear power program.The convention and the proviso about intergenerational equity seem to be linked. Article 24 of the Joint Convention requires countries to comply with international standards on radiation protection. [12]

Parties are also expected to follow 'appropriate disciplinary steps' to prevent unintended releases of radioactive materials into the environment. Article 27 emphasizes that radioactive waste or spent fuel from nuclear activities can only be exported to a country if that country has the capability to handle radioactive materials as required by the convention. Additionally, the country must be informed in advance and give consent for the export or transportation activities. As seen worldwide, Malaysia should also recognize the responsibility to reduce risks associated with nuclear activities and prevent any harmful incidents that could impact other countries or cause environmental radioactive pollution. Dumping radioactive waste into the ocean is strictly prohibited.

The implementation of a systematic waste management plan is necessary to properly handle all forms of wastage. Asia and the Pacific region adhere to the prohibition on the disposal of radioactive waste, as stated

in the ASEAN Treaty on the South East Asia Nuclear-Weapon Free Zone of 1996. Countries that plan to establish nuclear energy facilities must engage in consultation and provide notification to minimize potential risks across borders. These countries must share their proposed plans with neighboring states, particularly those that share an international boundary. This information exchange ensures that other states stay informed and can review the plans, offering suitable feedback for safety and health protection concerns that may apply to them. Although neighboring states do not possess veto power to stop the construction of a nuclear facility, even if it is located near shared borders, they can engage in resistance movements or pursue legal actions against it.

An illustrative example on this subject matter involves states being obligated to notify other provinces if they are at risk of being impacted by atomic accidents or incidents. This responsibility is explicitly outlined in international conventions and guidelines regarding atomic energy

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. On November 18, 1986, the Convention on Early Notification of a Nuclear Accident

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highlights that every province has the right to receive timely and accurate crucial information in the event of an emergency pertaining to atomic incidents or accidents caused by atomic installations. This is done to allow the potentially affected provinces to prepare and take precautionary measures to minimize any potential consequences. The convention goes into detail about what information should be provided and mandates that the installing province promptly responds if other provinces request additional information. However, it should be noted that this convention focuses specifically on incidents involving 'transboundary releases' that are covered by this convention.

Any military-related atomic activities

or accidents that have non-transboundary consequences will be excluded. The 1986 Convention on Assistance in the Case of a Nuclear Accident and Radiological Emergency focused on providing aid to provinces during emergency situations caused by radioactive releases. States have the right to request international aid to protect life, belongings, and the environment. The International Atomic Energy Agency (IAEA) will coordinate and provide necessary resources in response.