APPENDIX 7
Memorandum by The Environment Agency
SUMMARY
The primary responsibility of both the NDA and
UKAEA is the decommissioning and clean-up of their nuclear liabilities.
We would not want to see any increased reliance on nuclear power
distract the NDA from its primary purpose to decommission and
clean-up the UK's civil nuclear liabilities.
The NDA should clarify the division of responsibilities
for site health, safety and environmental protection between its
contractors and itself. It should also be given greater responsibility
for end of life management of radioactive sources in non-nuclear
industry.
The operating nuclear power stations owned by
NDA are due to close over the next five years. Extending the lives
of the British Energy AGR nuclear power stations depends crucially
on some NDA fuel cycle sites. It is unclear whether NDA plans
are compatible with a possible programme of "new-build"
for nuclear reactors; the adequacy of engineering and construction
resources, nuclear skills and knowledge need to be considered.
1. Introduction
The Environment Agency is responsible for environmental
regulation at NDA sites, including the UKAEA sites at Harwell,
Winfrith, Windscale and Culham. The Scottish Environment Protection
Agency (SEPA) regulates the UKAEA Dounreay site in Scotland. Where
radioactive wastes are stored on UKAEA nuclear licensed sites,
the Health and Safety Executive (HSE) has the statutory powers
to regulate that storage. We are responsible for regulating disposals
of all forms of radioactive wastes on or from nuclear sites. We
work closely with HSE through a Memorandum of Understanding.
2. The Remit and Activities of the NDA and
UKAEA
2.1 The NDA is charged with cleaning up
the UK's civil public sector nuclear legacy safely, securely,
cost-effectively and in ways that safeguard the environment for
this and future generations. It is responsible for 20 nuclear
sites, representing about 85% of the UK's civil nuclear liabilities.
This includes former UKAEA nuclear research facilities, some operating
Magnox nuclear power stations, nuclear fuel cycle sites, and the
wastes and other materials associated with all of these. Specific
responsibilities of the NDA are set out in the Energy Act 2004.
2.2 The Environment Agency works closely
with the NDA in accordance with a MoU. [13]We
participate in NDA activities through joint working at all levels.
One of our non-executive Directors is also a member of the NDA
Board. We take steps to ensure that we retain our independence
from the NDA.
2.3 The NDA is not a holder of nuclear site
licences or environmental authorisations. It needs to be careful
that it does not direct the operations of its contractors so that,
in effect, it becomes the "controlling mind" for its
sites. In law, the responsibility for health, safety, security
and environmental protection lies with the licensee/authorisation
holder. However the NDA is responsible for checking the overall
performance of its contractors, which includes their delivery
of health, safety and environmental protection requirements. Further
work is needed to address the management of this overlap of responsibilities
between NDA and its contractors.
2.4 There are some liabilities and radioactive
legacies outside of the civil nuclear industry eg for unwanted
radioactive sources used in hospitals, universities and general
industry. The NDA owns the UK sites where these sources would
be finally stored and disposed of. We are engaged with the NDA
and its contractors in a government programme to arrange a subsidised
disposal programme for surplus radioactive sources in the non-nuclear
industry. In our view it would be appropriate for the NDA's remit
to include more formal responsibility for end of life management
of sealed sources.
2.5 The NDA's plans to accelerate nuclear
clean up depend crucially on government policies and programmes
to develop solutions for radioactive waste management. The Committee
on Radioactive Waste Management (CoRWM) is due to make recommendations
in July 2006. At present the arrangements to follow on from CoRWM
are unclear. The NDA has a large stake in ensuring that the recommendations
are followed up and driven forward.
2.6 The Environment Agency regulates a range
of activities conducted by the UKAEA at each of its sites at Winfrith,
Harwell, Culham and Windscale. The UKAEA was formerly involved
in the UK's nuclear research programmes but its core business
is now nuclear decommissioning and clean up and nuclear fusion
research.
3. The compatibility of current plans for
the NDA and UKAEA with any increased reliance on nuclear power
generation
3.1 The NDA is responsible for four operating
Magnox nuclear power stations in addition to several being decommissioned.
It also owns nuclear fuel manufacturing facilities at Springfields,
which provides fuel to British Energy power stations, and the
THORP and Magnox reprocessing plants at Sellafield which reprocess
AGR and Magnox fuel. The NDA benefits from the commercial income
from these sites. The operating Magnox stations are due to close
between 2006 and 2010. Extending the lives of the British Energy
AGR nuclear power stations depends crucially on activities at
NDA fuel cycle sites at Springfields and Sellafield.
3.2 Compatibility of NDA plans with any
future proposals for building new reactors is unclear. Several
issues are relevant: (a) potential conflict in terms of demand
for engineering and construction resource; (b) progressive reduction
in nuclear licensed site infrastructure and area available for
"new-build"—which is likely to be on existing
nuclear power station sites; and (c) the need to sustain the development
of skills for decommissioning and clean-up in the face of competition
from possible new reactor design and commissioning projects.
4. The NDA and UKAEA's performance and accountability
4.1 The NDA was established on 1 April 2005,
less than one year ago. At this stage we feel that it is too early
to comment on its performance and accountability. However we welcome
the openness and transparency that NDA has shown in consulting
on its plans and draft Strategy and sharing its developing ideas.
4.2 We have regulated UKAEA sites for many
years. Recently we have seen good progress being made at Harwell
and Winfrith in decommissioning and clean-up of liabilities and
the release of land for other purposes.
5. Any further relevant matters
5.1 The primary role of the NDA is to progress
the decommissioning and clean-up of the UK's nuclear liabilities
at the sites for which it is responsible. We would not want to
see any increased reliance on nuclear power affect the NDA's
focus on this primary purpose.
January 2006
13 1 Available via: http://www.nda.gov.uk/ Back
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