CYIL vol. 12 (2021)

CYIL 12 (2021) The Feast of Insignificance of Small Modular Reactors … This article aims to contribute to this ongoing discussion by identifying barriers to the deployment of SMRs from a legal perspective. It reflects currently announced plans for further research of SMRs in the Czech Republic and for their prospective deployment as a means to address Czech energy needs in the future. 9 Since 2019, such research has been conducted under the umbrella of a co-operation between the Czech Technical University in Prague and the University of West Bohemia, with the aim to develop an SMR that will use spent nuclear fuel from existing nuclear power plants and serve to produce heat for residential housing. Currently, it is expected that this newly developed SMR will be capable of beginning operation in 2029. The fact is that such a prospective deployment must be accompanied by the establishment of a transparent and efficient legal framework. 10 Such a legal framework must reflect the specific character of SMRs, as compared with conventional nuclear reactors. 11 Consequently, the challenges arising are twofold: 1. On one hand, given the advantages of SMRs for both energy supply and the environment, the future legal framework must identify unnecessary obstacles to the further development of this technology. This future legal framework must establish a new and specific set of requirements that will reflect the peculiar character of SMRs. 2. Simultaneously, the prospective legal framework must reflect the special nature of risk potentially arising from the future operation of SMRs. The fact is that the overall risk arising from these technologies – in particular from the vSMRs – is considerably lower than those risks arising from the operation of conventional nuclear reactors. At the same time, we must bear in mind that SMRs are often expected to be operated in densely populated areas and to produce electric energy, or heat for residential housing. Consequently, a transparent system of liability and compensation is required. Regarding current plans to further develop SMRs in the Czech Republic, this article aims to analyse which liability framework must be established in the future to address any potential risks arising. This will be analysed in the following way: Firstly , bearing in mind that the Czech Republic is a Contracting Party to the Vienna Convention on Civil Liability for Nuclear Damage, the applicability of the liability regime as established by this Convention to SMRs will be analysed (Part 2). 9 See Sklenka, Lubomír, ‘Malé a modulární reaktory – alternativní směr rozvoje jaderné energetiky’ (2016) 66 Energetika 156, Karafiát, Petr, ‘Malé jaderné reaktory – jak jsme na tom v roce 2018?’ (2018) 68 Energetika 374 etc. 10 See Handrlica, Jakub, ‘Nuclear law revisited as an academic discipline’ (2019) 12 Journal of World Energy Law & Business 61. The questions of the future design of nuclear law with respect to new nuclear technologies were also addressed by Emma Dourand-Poudret; ‘Le future du droit international nucleaire: ver sune remise en cause de la governance mondiale souple de la sûreté?’ in Babu, R. Rajesh, Mohan, M. Ram, Reynaers, Emily (eds.), Nuclear Inter Jura 2016. Proceedings of the Congress (AIDN/INLA 2016) 637 and Handrlica, Jakub, ‘Whither the future of nuclear law? A survey in legal futurism’ (2020) 11 Czech Yearbook of Public and Private International Law 165. 11 See Riley, Peter, ‘Institutional Challenges to Mini Nuclear Power: A Way Forward’ in AIDN/INLA (ed), Nuclear Inter Jura 2009. Proceedings (AIDN/INLA 2009) 153 and Ahonen, Eetu, Heinonen, Jussi, Lahtinen, Nina, Tuomainen, Minna, Preconditions for the safe use of small modular reactors – outlook for the licensing system and regulatory control (STUK 2019). Also see Cook, Helen, The Law of Nuclear Energy (2 nd ed., Sweet & Maxwell 2018) 403 (in the second edition of her book, the author presents a comprehensive legal outlook of various problems, the current law is facing with respect to prospective deployment of SMRs).

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