The revised draft National Policy Statements on energy - Energy and Climate Change Contents


2  Background

The Government response to the previous Committee's recommendations

11. Our predecessor committee proposed a number of improvements in thirty recommendations and conclusions, which are summarised below with the Government's response. The Government's response to our predecessor's Report and its commentary on the revised NPSs set out changes that had been made as a result of the initial consultation, and also the Government's reasoning where recommendations were not accepted. The most heavily revised documents were the Appraisals of Sustainability for EN-1 to EN-5. These are examined in detail in part three of this report.

EN-1

12. The Government accepted most of the previous Committee's recommendations relating to the over-arching Energy NPS, EN-1, which was substantially revised to take into account concerns raised by Parliament and the consultation. However, the Government disagreed with our predecessors' conclusions on the Government's low carbon objectives and the recommendations for the NPS applicants to conduct full life-cycle carbon assessments and for the Committee on Climate Change (CCC) to be a statutory consultee for individual planning applications.[12] The Government argued that there was no need for full life-cycle carbon emissions assessment of proposed new plants because the Environmental Impact Assessment Directive already required applicants to provide an environmental statement which sets out impacts on the climate. The CCC was a statutory consultee for the NPSs but the Government asserted that, it need not have a role in assessing each application.[13] The Government also disagreed with our predecessors' recommendation that it produce a hierarchy of preferred generation technologies,[14] as it claimed that "a broad mix" of energy technologies was needed and that the development of new energy structure should be a "market-led process".[15] Thirdly, the Government rejected our predecessors' recommendation that the IPC could continue to receive evidence on the overarching case for need—the Government wished the IPC to avoid having to make decisions on these kind of preliminary questions.[16] The changes made to EN-1 are examined in detail in part five of this Report.

EN-2

13. Our predecessors recommended that the Government provide greater clarity on how it expected the IPC to assess applications against requirements for carbon capture readiness and storage. They also recommended that the NPS should include provisions for a pipeline network for the transmission of carbon dioxide in order to support the development of carbon capture and storage.[17] The Government accepted the need for greater clarity and amended EN-2 accordingly. It also committed to develop another NPS to deal with carbon dioxide pipelines. However, it stated that it is currently "scoping a CCS roadmap which will consider how we build the right infrastructure for CCS". Until this is completed, it does not propose to bring forward an NPS on this topic and will rely on EN-4 on oil and gas pipelines to provide a steer to the IPC on generic pipeline issues to be considered.[18] The changes made to EN-2, and the reaction from organisations, are examined in detail in part five of this Report.

EN-3

14. Our predecessors recommended that the draft NPS on renewable energy be revised to require applicants for biomass power stations to make a full assessment of the sustainability of their fuel sources. They also recommended that Government guidance be reassessed to ensure that only waste that cannot otherwise be economically recycled or reused is used as feedstock for energy from waste production.[19] The Government rejected these recommendations but revised the NPS to take account of the latest position on the Renewables Obligations Certificates for biomass sustainability as it believed sustainability controls were better introduced under an incentive regime rather than through planning.[20]

15. Our predecessors also recommended that the draft NPS on renewables should set out how technologies such as wave and tidal energy generation will be dealt with in the future. The Government agreed and revised EN-3 to explain that some technologies were not yet covered by the NPSs as they are not yet commercially viable. When such technologies become commercially viable, either a new NPS will be drafted or EN-3 would be revised to include them.[21]

EN-6

16. The Government accepted our predecessors' recommendations for the NPS on nuclear power generation. This included the recommendation that the NPS should contain more detail on what "interim storage" would entail as, under the original draft NPS, highly-radioactive waste could be stored on-site for up to 160 years. They also expressed concern over progress towards identifying a geological disposal facility underground for waste and recommended that the Government set milestones on the path to achieving this.[22] The Government revised EN-6 as it does not expect interim storage to be required as long as 160 years—instead it estimates that a long-term storage facility will be available from around 2130 (50 years after the likely end of electricity generation for a new nuclear power station which would begin operations in 2018 and end 60 years later). This would mean that interim storage could still be required for 110 years.[23] The Government has set up a high-level implementation board to identify a site for long-term storage. This board will publish an annual report which will include progress towards meeting milestones.[24]

17. The Government also accepted our predecessors' recommendations on providing clarity on the role of the IPC, the role of nuclear regulators and the interaction between the regulatory and planning regimes.[25] In addition, the independence of the IPC—and its ability to refuse consent for any of the 10 nuclear sites described by the Government as necessary—has been revised to be more clearly expressed, as has the Government's opinion on Imperative Reasons of Overriding Public Interest.[26] The changes made to EN-6 and the evidence taken by us are examined in detail in part five of this Report.

HOW THE NPSS FIT INTO THE EXISTING PLANNING REGIMES

18. The previous Committee made several recommendations relating specifically to planning issues. They proposed that NPSs should take greater account of spatial issues and that the Government should provide clarity on how NPSs fit into the planning system as the position was "at best ambiguous".[27] The Government confirmed that it was taking forward its work on a consolidated national planning framework, but that this was unlikely to be produced until after the NPSs were ratified.[28] Similarly, the Government decided to discuss the issue with interested organisations before making a decision on whether it was necessary to produce more sector specific guidance on good design.[29] We return to the revisions made to the NPSs to clarify the role of the NPSs in the wider planning system in part four of this Report.


12   HC (2009-10) 231, paras 36, 37 Back

13   Department of Energy and Climate Change, The Government's response to Parliamentary Scrutiny of the draft National Policy Statements for Energy Infrastructure, October 2010, paras 4.33-4.43 Back

14   HC (2009-10) 231, para 38 Back

15   The Government's response to Parliamentary Scrutiny of the draft National Policy Statements for Energy Infrastructure, paras 4.44-4.47 Back

16   HC (2009-10) 231, para 42 and The Government's response to Parliamentary Scrutiny of the draft National Policy Statements for Energy Infrastructure, paras 4.48-4.51 Back

17   HC (2009-10) 231, paras 48 and 51 Back

18   The Government's response to Parliamentary Scrutiny of the draft National Policy Statements for Energy Infrastructure, paras 4.57-4.60 Back

19   HC (2009-10) 231, para 55 Back

20   The Government's response to Parliamentary Scrutiny of the draft National Policy Statements for Energy Infrastructure, paras 4.61-4.67 Back

21   Ev 35 Back

22   HC (2009-10) 231, paras 70-72 Back

23   The Government's response to Parliamentary Scrutiny of the draft National Policy Statements for Energy Infrastructure, paras 4.75-4.81 Back

24   The Government's response to Parliamentary Scrutiny of the draft National Policy Statements for Energy Infrastructure, paras 4.82-4.87 Back

25   HC (2009-10) 231, para 74, The Government's response to Parliamentary Scrutiny of the draft National Policy Statements for Energy Infrastructure, paras 4.88-4.89 Back

26   HC (2009-10) 231, para 83, The Government's response to Parliamentary Scrutiny of the draft National Policy Statements for Energy Infrastructure, paras 4.93-4.95 Back

27   HC (2009-10) 231, paras 83, 90, 92, 101, 106  Back

28   The Government's response to Parliamentary Scrutiny of the draft National Policy Statements for Energy Infrastructure, paras 4.98 Back

29   HC (2009-10) 231, para 128, The Government's response to Parliamentary Scrutiny of the draft National Policy Statements for Energy Infrastructure, para 4.126 Back


 
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Prepared 26 January 2011