In Japan, the Act of 20 June 2012 adopted a new Nuclear Regulatory Authority. It will be established in September 2012.

Context and Summary

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Based on work lasting for many months, the Japanese Parliament finally passed the Act on June 20, 2012, which is established the Nuclear Regulatory Authority, which will replace the Nuclear Safety Authority, whose expert reports had shown failures during the disaster of Fukushima.

Thus, in its report about the disaster and the consequences to draw, the International Agency for Atomic Energy (IAEA) had asked the need to reform the system for that the Agency in charge of nuclear power will be more dependent of the Government policy which is too in favour of the nuclear system would have compromised the safety of the facilities. The regulatory authority will be established in September 2012.

While the previous Safety Authority was totally under ministerial supervision, the regulator authority, although it will be place in the Ministry of the Environment, will have the means of its functional independence, if it is organic.

Thus, its members are not appointed by the Government. Based here on the model of appointment of the members of the Japan’s Central Bank, the five members of the Nuclear Regulatory Authority will be appointed by a common agreement by the two Houses of Parliament. It is hoped that duty of agreement does not lead to blocking.

In any case, under a more political angle, the observers noted that the speed with which the Prime Minister, Yashihiko Noda made the decision to relaunch two nuclear reactors due precisely to the fact that he wanted that it occurs before the establishment of a regulatory authority much more demanding than the previous regulator.

It is perhaps an unfounded accusation. In any case, this shows that the only institutional building of a regulation functionally independent, appointed by Parliament and not by the Government, in this independently of its industrial policy, is in fact a decrease of its margin of discretion. This shows that the regulation was a party linked to industrial policy, or even is the new shape. In Japan, the demonstration was made dramatically, but in a clear way.

Brief commentary

Japan's Parliament voted on June 20, 2012 a law setting out a Nuclear Regulatory Authority which will be established in September. Remaining within the Executive Branch, no longer in the Ministry of industry but in the Ministry of Environment, this new authority, compared to the previous one which was heavily criticized, has an independent functioning with respect to the industry policy of the Government. Indeed, its five members are appointed by agreement of the two Houses of the Parliament.