The paper represents the continued work on the administrative monetary penalties (AMP) regarding nuclear security. An AMP is a penalty imposed by the Canadian Nuclear Safety Commission (CNSC), without court involvement, in the case of a violation of a regulatory requirement. The research presented during the previous INMM meeting focused on the advantages and disadvantages of the AMP system and recommended improvements for future implementation. It also addressed some of the main concerns of the system, such as the economic aspect of the process, and the subjectivity and relative ease of issuing these penalties. The current part of the research will focus on how AMPs are implemented in different low probability-high consequence industries in Canada. It has been observed that the probability of not reporting a violation to the regulator (CNSC) is higher in smaller companies who are license holders versus nuclear power plants which have CNSC inspectors present at site most of the time. The probability of an unreported violation going unnoticed due to lack of inspectors on-site may drive smaller companies to not report their violations, but instead to try to hide them. In this case, AMPs should have different applications for these licensees. This difference can have a significant impact on the policy, making its application flawed. The paper will attempt to address the possible reasons for divergence between smaller license holders and nuclear power plants and to propose a solution for maximizing the benefits of the AMP and preventing the future violations in nuclear safety and security.
Year
2020
Abstract