Balancing Risk in Regulatory Decision Making: the Port Granby Project Case Study

Abstract

The purpose of this paper is to review the trade-offs that are routinely considered in regulatory decision making, and the policy basis and methods for making those trade-offs. Regulatory decisions under the Canadian Environmental Assessment Act (CEAA) and the Nuclear Safety and Control Act (NSCA) normally consider potential risks to the environment, human health and safety, if a project were to proceed. There is only limited consideration, under such circumstances, of the risks to the environment, human health and safety if the project were not to proceed. The focus is on the potential adverse effects of the project, except in the event of an emergency, where the focus shifts to the economic and other beneficial effects.

The Port Granby long-term low-level radioactive waste management project is a project to clean up and provide appropriate local, long-term management of historic low-level radioactive waste (LLRW) in the Port Granby, Ontario area. Approximately 0.4 M m³ of LLRW, presently located at the Port Granby Waste Management Facility, is to be transported to a newly constructed long-term waste management facility ~700 m north of the bluff face where the facility is located. Accordingly, the project is subject to environmental assessment and licensing processes under the CEAA and the NSCA, respectively.

While the Port Granby Project does not represent an emergency situation, it does represent a situation that could result in a significant degree of environmental risk if the project were not to proceed. Over the course of the various studies that have been undertaken at the Waste Management Facility, it has become apparent that the facility is subject to erosion and gullying along the bluff face. The potential for the leaching of contaminants from the existing facility and the erosion of the Lake Ontario bluffs are recognized as ongoing risks that will continue and potentially worsen if the project does not proceed.

The economic and other considerations that could influence regulatory decision making are particularly apparent in the case of the Port Granby Project. Achieving the necessary balance between costs and benefits is not straightforward, however. In recent years there has been a growing trend towards increasingly quantitative approaches to regulatory decision making, including cost-benefit analysis, but cost-benefit analysis is recognized as having both advantages and disadvantages. When recent approaches to cost-benefit analysis are applied to the Port Granby Project, the advantages are clear, as are the potential benefits of proceeding with the project.