The Ministry of Transport ("MOT") has recently drafted and issued the Administrative Measures for Transportation of Spent Fuel (Draft for Comment) (the "Draft for Comment") for public consultation by June 24, 2019.
The Draft for Comment states that transportation of spent fuel is a nuclear activity under the State's control, and is subject to administration and supervision by the authority of nuclear industry, the transport authority, the public security organ, and the department of nuclear security supervision and administration, under the State Council, according to their respective duties. Further, the Draft for Comment clarifies the detailed application processes for obtaining approval documents for the transportation of spent fuel and nuclear and radiation security analysis reports, in respect to transportation of spent fuel, and lays out examination and approval requirements set by relevant administrative departments. It also clearly specifies the respective obligations of consignors and carriers, and sets forth specific requirements for containers and parcels used by consignors for transportation of spent fuel and for nuclear and radiation security analysis reports in relation to transportation of spent fuel. Furthermore, the Draft for Comment provides that consignors shall be responsible for the nuclear and radiation security as well as the emergency responses in the transit of spent fuel, and carriers shall actively cooperate on their work.