미국의 원자력법령 체계

• 영문명: Nuclear Regulation in the U.S.
• 발행기관: 중앙대학교 법학연구원
• 저자명: 李昌桓(Lee Chang-Hwan)
• 간행물 정보: 『법학논문집』법학논문집 제25집 제2호, 107~135쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2001.08.01

영문 초록

  The United States has developed and generated nuclear energy for the first time. The main issues of American nuclear energy regulations are the reactor licensing, environmental protection, and safe disposal of radioactive wastes.   The gist of the regulatory framework put in place by the Atomic Energy Act(AEA) is the licensing process of nuclear facilities. Under the terms of the AEA, two separate licenses - construction permit and operating license - must be obtained from the Nuclear Regulatory Commission(NRC). The process of getting the licenses is inordinately long and costly, complicated and extensive. For these reasons, NRC amended its regulations. Main crux of the amendment is to integrate the two separate licensing processes into one: Combined Licenses for Construction and Operation.   American legal system has several environmental laws to regulate the nuclear energy: the Energy Reorganization Act of 1974, the Nuclear Safety Research, Development and Demonstration Act of 1980, the Low-Level Radioactive Waste Policy Act of 1980, the Nuclear Waste Policy Act of 1982, and the National Environmental Policy Act of 1969.   Pollution under normal operating conditions of nuclear power plants is controlled by the provisions of environmental laws. The regulatory authorities are NRC and the Environmental Protection Agency (EPA), the federal agencies, and state authorities. NRC has the exclusive jurisdiction over licensing, regulating plants, and preventing radiation hazards.   In the U.S., waste material is divided into two categories: high-level and low-level waste. Disposal of low-level radioactive waste is governed by the Low-Level Radioactive Waste Policy Act. As in other countries, neither American nuclear utility industry nor administrative agencies of the federal government have been able to develop a successful program for dealing with the disposal of spent fuel. As the issue of disposal of high-level waste became severe and urgent, the Nuclear Waste Policy Act was enacted to layout a procedural guideline designed to designate at least one permanent disposal site for the high-level waste and safeguard it.

목차

Ⅰ. 미국의 원자력법령 체계의 개관
Ⅱ. 원자력법 (the Atomic Energy Act : AEA)
Ⅲ. 에너지구개편법(the Energy Reorganization Act)
Ⅳ. 원자력의 안전 연구ㆍ개발 및 시범법(the Nuclear Safety Research, Development and Demonstration Act)
Ⅴ. 저준위방사성폐기물정책법(the Low Level Radioactive Waste Policy Act)
Ⅵ. 핵폐기물정책법(the Nuclear Waste Policy Act)
Ⅶ. 우라늄 폐석의 방사능 규제에 관한 법률(The Uranium Mill Tailings Radiation Control Act : UMTRCA)
Ⅶ. 원자력손해배상법 (the Price-Anderson Act)
〈ABSTRACT〉