ARTICLE
6 January 2025

Revolutionizing Nuclear Energy: The Case For Modular Reactors And Type Certification

ML
McKercher LLP

Contributor

McKercher LLP is a full-service law firm with offices in Saskatchewan, Canada with roots tracing back to 1926. With over 70 lawyers and locations in both Saskatoon and Regina, we have played an integral role in Saskatchewan’s most significant commercial projects and have led litigation cases that have shaped Canadian law.
In November 2023, AtkinsRealis unveiled its plans to produce its 1,000 MW CANDU MONARK nuclear reactor at the World Nuclear Exhibition in Paris.
Canada Saskatchewan Energy and Natural Resources

In November 2023, AtkinsRealis unveiled its plans to produce its 1,000 MW CANDU MONARK nuclear reactor at the World Nuclear Exhibition in Paris. The company has plans to partner with approximately 250 Saskatchewan-based companies to manufacture the reactors on a modular basis—a first in Canadian history.1 Not only will this project have economical impacts and be a step towards Canada's clean energy goals, but also presents an opportunity for Canadian regulators to innovate its policies by adopting type certification practices.

AtkinsRealis has confirmed that the CANDU MONARK reactors will be produced using a "module-based construction strategy" to reduce construction times and lower costs.2 Modular manufacturing involves creating components in modular parts, which are then assembled on-site. This method significantly reduces the time needed to make nuclear facilities operational.3 However, Canada's current regulations require that construction be overseen and inspected by the Canadian Nuclear Safety Commission (CNSC), which limits the advantages of modular construction.4

Type certification, a regulatory approach used in other industries for mass-produced products, could expedite the regulatory approval process. A product can receive type certification if the regulator is confident it will meet pre-approved specifications and maintain consistent quality. When a product is type certified, it means it can be produced and sold without further proof that it is in compliance with regulatory requirements.5 Generally, type certification is awarded when:

  1. The design, operation, and construction specifications comply with regulatory standards; and
  2. The manufacturing process ensures high reproducibility and quality. 6

There has never been a better opportunity for the CNSC to explore type certification as the CANDU MONARK reactors meet the conditions necessary for this approach, i.e. they are mass-produced modularly, the manufacturing takes place within the CNSC's jurisdiction (enabling easier inspection and audits), and AtkinsRealis has an established working relationship with the CNSC through the development of earlier CANDU models.

A forward-thinking adoption of type certification could position Canada as a global leader in nuclear regulatory innovation. Though the degree of modularity remains to be clarified, type certification has the potential to significantly expedite the deployment of modular reactors, advancing both regulatory and clean energy goals. Notwithstanding and given the complexity, novelty, and hazardous nature of nuclear reactors, type certification should be implemented carefully. The CNSC can draw insights from the aviation7 and maritime8 industries, which have adopted similar regulatory frameworks with varying degrees of success.

Footnotes

1. AtkinsRéalis, "AtkinsRéalis introduces 1,000 MW CANDU® MONARK" Reactor; Nuclear Power for a Net Zero, Energy Independent Future" online: AtkinsRéalis website

2. AtkinsRéalis, "Construction of 4-unit CANDU MONARK nuclear station a significant impact on Canadian economy, says independent study" online: AtkinsRéalis website

3. Dusevic, Andrew Joseph. Risk Informed Decision Making and the Regulation of Small Modular Reactors (LL.M., University of Saskatchewan College of Law, 2017) [unpublished] University of Saskatchewan at 132, online: University of Saskatchewan website .

4. Ibid, at 130.

5. Ibid.

6. Ibid, at 109.

7. See for example Ibid, which outlines how the Federal Aviation Administration of the United States implements type certification for its aircraft but has been criticized for their approach increasing the risk of regulatory capture, at 97-99.

8. See for example Ibid, which outlines how the American Bureau of Shipping certifies maritime transport vessels and is relied upon by the United States of America, at 102-107.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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