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Coordination Meeting for the Preparation of BAPETEN Draft Regulations on Financial Guarantees in Nuclear Energy Utilization
Kembali 31 Oktober 2024 | Berita BAPETEN

Financial guarantee requirements are one of the requirements proposed in the substance of the Government Regulation Draft (RPP) in lieu of Government Regulation (PP) No. 5 of 2021 on the implementation of risk-based business licensing, especially in the nuclear energy sector. The purpose of these financial guarantee requirements is to prepare for the processing and decommissioning of radioactive waste. In consideration of these requirements, it is essential to draft implementing legislation pertaining to financial guarantees in nuclear energy utilization. In regard to this, on October 31, 2024, the BAPETEN Office hosted a coordination meeting for the Drafting of BAPETEN Regulations on Financial Guarantees in the Utilization of Nuclear Energy, hosted by the Directorate of Regulation of Radiation Facilities and Radioactive Materials (DP2FRZR) of BAPETEN.

The meeting began with a report by the BAPETEN Health, Industry, and Research Function Group Activity Manager Soegeng Rahadhy, who, in his report, conveyed the purpose of this coordination meeting, namely to gather information and discuss financial guarantees in the utilization of nuclear energy, which is a new regulation contained in the RPP in lieu of PP No. 5 of 2021 on the Implementation of Risk-Based Business Licensing.

The Coordination Meeting was opened by the Director of Regulation of Radiation Facilities and Radioactive Materials of BAPETEN, Mukhlisin, who, in his opening remarks, said, "In the context of regulations, the draft PP in lieu of PP No. 5 of 2021 states that one of the requirements for a permit in the use of nuclear energy is a financial guarantee. The basis for the regulation is that radioactive substances imported and used in Indonesia, after being no longer used because the radioactive materials have decayed and are no longer used by their owners, will be categorized as radioactive waste and must be returned to the country of origin."

"For this reason, permit holders must have resources in the form of a sufficient budget so that the radioactive waste can be returned to the country of origin. The results of the discussion will enrich the input for the draft regulation so that simple, applicable, and beneficial regulations can be produced for the community. In addition, regulations must be able to answer the needs of the community and not overlap with regulations from other ministries/agencies," he said.

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The event continued with a presentation on "Draft BAPETEN Regulation on Financial Guarantees in the Utilization of Nuclear Energy" by the Lead of the BAPETEN RPP Drafting Team, Dwihardjo Rushartono. In his presentation, among others, he conveyed the purpose of drafting regulations to ensure the safety and health of workers and members of the community as well as protection of the environment, the interests of protecting current and future generations. While the background is legislation (PP No. 61 of 2013 and RPP in lieu of PP No. 5 of 2021), the principle of paid pollution, the merger of BATAN into BRIN, the limitations of radioactive waste storage facilities at the National Research and Innovation Agency (BRIN), the ecosystem, and the management of radioactive waste in the future.

In addition, it was also conveyed regarding the role of nuclear power in various fields, the chain of radioactive substance utilization, the development of laws and regulations after the enactment of the Job Creation Act, the legal construction of guarantee arrangements based on law (underlying transaction), the concept of financial guarantees using Bank Guarantee (BG) instruments, waste cost requirements at BRIN, and practices and examples of calculating the cost of sending radioactive waste back to the country of origin.

The next presentation was about "Operational Policy of PT Bank Mandiri (Persero) Tbk., Regulation of Procedures or Mechanisms for Issuing Guarantees" by the representative of the Government Solution Group Team—PT Bank Mandiri (Persero) Tbk., Yuan Hendrawan, among others, stated that PT Bank Mandiri (Persero) Tbk. will support the preparation of the design and implementation of financial guarantees as one of the requirements for a nuclear power utilization permit.

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In addition, it also explained about guarantees vs. payment instruments, overview guarantees, types of dependent and independent bank guarantees (BG), types of BG, BG issuance process, BG Issuance Channel and Validity Check, BG claim process, BG counter insurance issuance process, BG issuance business process with Counter Guarantee cover from other Banks, advice on business models for receiving guarantees related to radioactive waste disposal obligations, and potential future exposure and inflation risk.

In the discussion session, discussions were held related to the amount/size of BG, guarantee cover, BG issuance period, types of BG that are suitable for the utilization of nuclear energy, BG issuance (time and changes/amendments to BG), potential risks that may occur in the utilization of nuclear energy that are used as a reference in BG claims, financial guarantees in cases of business actors going bankrupt, and types of financial guarantees that make it easier for business actors to fulfill the requirements and their use in the process of returning radioactive substances that are no longer used to the country of origin. [DP2FRZR Intanung Syafitri/BHKK/SP/Translator: GP]

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