Nigeria: Atomic Energy Commission, Regulatory Agency, Clash over Nuclear Safety Bill

Abuja - The country's ambitions to develop its nuclear energy resources may experience some hitches due to the looming clash of interest between the Nigeria Atomic Energy Commission (NAEC) and the Nigeria Nuclear Regulatory Agency (NNRA) over a draft bill currently before the National Assembly.

Issues between the two foremost nuclear agencies in the country came to a head on Wednesday at a public hearing on a "Bill for an Act to Repeal the Nuclear Safety and Radiation Protection Act No. 19 of 1995, Enact the Nuclear Security and Safeguards Act and Re-establish the Nigeria Nuclear Regulatory Authority and For Matters Connected Therewith 2009," conducted by the joint House Committees on Petroleum Resources (Upstream) and Science and Technology, in Abuja.

The draft bill, submitted to the House by the Nigeria Nuclear Regulatory Agency had sought, among other things, to repeal the existing Act establishing the agency and create an authority with far-reaching powers and responsibilities.

However, the Nigeria Atomic Energy Commission has mounted a strong opposition to the passage of the new bill, claiming it would make the regulatory agency usurp the promotional aspects of nuclear energy programme in the country.

In his submission at the public hearing, the Director-General of NAEC, Dr. Erapamo Osaisai, urged the joint committee of the House to "stand down hearing on the draft Bill on Nuclear Safety, Security and Safeguards," noting that many sections of the draft bill would lead to a state of confusion and anarchy in the highly sensitive nuclear sector.

According to him, the draft bill in its present form stipulates the regulatory responsibilities of the national nuclear regulator (NNRA), but goes further to ascribe to the regulator the functions of other statutory institutions.

He noted that, "The management of the implementation of a country's atomic energy programme is a sensitive assignment with strategic implications. The draft bill has unwittingly empowered the NNRA to perform the very activities it is expected to regulate, which is a recipe for confusion in the sector.

"The responsibility for the development and enactment of a national comprehensive nuclear law is the responsibility of the focal national nuclear energy programme implementation agency, which undoubtedly is the NAEC."

He added that, "The current approach being adopted in the draft Bill is aimed at ascribing promotional responsibilities to a nuclear regulatory agency. The international norm is a clear differentiation of the responsibilities of promoter from a regulator.

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Original date published: 19 July 2010

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