Information Disclosure and Public Involvement in the Siting, Construction and Operation of Civil Nuclear-Facilities in China: Legal Challenges and Ways Forward

Abstract

Abstract Background: In March 2011, Japan was struck by a massive earthquake which initiated a tsunami that led to a severe nuclear damage accident at the Fukushima Daiichi Nuclear Power Plant of the Tokyo Electric Power Company. Now, more than ten years had passed. Even though, it is widely admitted that civil nuclear industry is of great importance in reducing greenhouse gas emission, improving natural environmental quality and safeguarding national energy security. Thus, China has been developing civil nuclear industry all these years in spite of the nuclear damage accident in Fukushima, Japan. Now, China has become one of the countries with most nuclear power plants. However, due to the potential radioactive risk, the public have instinctive fear of civil nuclear development. In order to relieve the public’s anti-nuclear sentiment, Nuclear Safety Law was formally implemented in 2018 and Measures for Disclosure of Nuclear Safety Information was issued by Ministry of Ecology and Environment of China in 2020, both clearly stipulating that the public’s right to obtain information of nuclear safety and involve in related activities in order to eliminate the public’s doubts and phobia about the development of civil nuclear industry. However, there are still challenges existing. Methods: Cases study is applied as a major methodology in this paper as for to show the severe problems in information disclosure and public involvement pertaining to the process of siting and construction of civil nuclear facilities. Moreover, legislation study is used in analyzing the content of related legislation and regulations currently. And qualitative methodology is also adopted in this paper to summarize the legal problems about information disclosure and social involvement during the time of siting and construction of civil nuclear facilities. Results: Although there are legislation and regulations which endow people with available information and opportunities-to-be-involved in China, the information disclosure and public involvement still exist several challenges, especially during the process of siting and construction of civil nuclear facilities. Thus, several anti-nuclear incidents had been initiated by the public due to lack of information and methods to participate in these years. According to the cases, information disclosure and public involvement are still not sufficient during the time of siting for nuclear facilities; relevant compensation mechanism for the public around the nuclear facilities has not been established; and public education for basic knowledge on nuclear safety is not enough. Therefore, public involvement cannot be realized completely. Conclusions: For ensuring information disclosure and public involvement of civil nuclear facilities, this article proposes that information disclosure and social involvement should be realized and protected as early as the process of siting for such facilities. Furthermore, operators of nuclear facilities and local governments should provide sufficient compensation to the public near nuclear facilities through preventive compensation mechanism and offer science popularization on nuclear safety to avoid the misunderstanding of the public.