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Nuclear Reactors (Environmental Impact Assessment For Decommissioning) Regulations 1999

The Executive's pre-application opinion as to the content of the environmental statement for Bradwell Nuclear Power Station

Contents

Issue

1. To state the Executive's pre-application opinion as to the content of the environmental statement for Bradwell Nuclear Power Station under the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (EIADR).

Background

2. EIADR implements the requirement for an environmental impact assessment for decommissioning nuclear power stations and nuclear reactors arising from Council Directive 85/337/EEC (as amended by Council Directive 97/11/EC) on the assessment of the effects of certain public and private projects on the environment.

3. Before decommissioning or dismantling of a nuclear reactor or power station can take place, a licensee must apply to the Health and Safety Executive (HSE) for consent (referred to as the Executive in EIADR), undertake an environmental impact assessment and provide an environmental statement. The information to be included in an environmental statement is referred to and specified in Schedule 1 to EIADR.

4. The nuclear site licensee, Magnox Electric plc (wholly owned subsidiary of British Nuclear Fuels plc, BNFL), has asked HSE to provide a pre-application opinion under regulation 6 of EIADR as to the content of the environmental statement for Bradwell Nuclear Power Station. This is an optional precursor to the licensee providing an environmental statement under regulation 5 of EIADR.

5. The licensee has provided a scoping report to inform the pre-application opinion entitled "Bradwell Nuclear Power Station Environmental Statement: Scoping Report". The scoping report identifies a range of issues and considers these in the context of the proposed scope of the environmental statement.

6. There are no precedents for forming pre-application opinions as to the content of the environmental statement under EIADR, although BNFL has asked HSE to provide a pre-application opinion on the content of the environmental statement for Hinkley Point A Nuclear Power Station; this is being dealt with in parallel to the opinion for Bradwell. The procedure for a pre-application opinion is similar, however, to the scoping opinion provided by the local authority under regulation 10 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999.

7. The environmental statement for Bradwell Nuclear Power Station, when submitted to HSE, should address all the information specified in Schedule 1 to EIADR. If, on receiving the information and in HSE's opinion such information is not sufficient, then EIADR gives HSE the power to require the licensee to provide further information.

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Consultation

8. HSE has consulted the consultation bodies specified in regulation 2 of EIADR on the scoping report provided by BNFL. In addition, HSE has consulted other bodies it considered appropriate, other bodies nominated by consultees, and other persons who asked to be involved in the consultation process. HSE requested consultees with detailed local knowledge and experience located near to the station to include matters of local concern. The list of consultees is at Appendix 1. All statutory consultees and some non-statutory consultees responded to the consultation process.

9. Consultees were generally content with the breadth of the proposed scope and provided detailed points on the issues presented by the licensee. A number of other issues not explicit within the proposed scope were also highlighted by consultees for consideration.

10. The responses received by HSE have been considered and incorporated, as appropriate, into HSE's opinion. Responses have been copied in full to BNFL only with the agreement of consultees.

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HSE's opinion as to the content of the environmental statement

Proposed scope

11. The licensee's scoping report provides an overview of the issues to be addressed in the environmental statement:

  1. Noise;
  2. Vibration;
  3. Air quality and climatic factors;
  4. Geology, hydrogeology and soils;
  5. Surface water quality and drainage;
  6. Ecology;
  7. Traffic and transport;
  8. Landscape and visual;
  9. Socio-economic.

12. Whilst it is acknowledged that the scoping report does not, nor should not, consider issues in great detail, it is not entirely clear that all the matters in Schedule 1 to EIADR will be addressed adequately in the environmental statement.

13. HSE recognises that the scoping report covers most of the aspects required. A number of aspects, however, that should be considered in the environmental statement were not explicitly described, although they may have been implicit within the scoping report. These relate in particular to information referred to and specified in EIADR, Schedule 1, paragraphs 2 (and 11), 4 and 5 (and 9).

14. If the licensee has considered an issue and considers that adverse environmental impacts are minimal, then this should be explained and justified in the environmental statement rather than the issue being omitted from the statement.

Issues not explicitly described within the scoping report - to be included in the environmental statement

15. In HSE's opinion, a number of issues were not explicitly described within the scoping report which should be included in the environmental statement (see paragraph 13 above). These issues are listed at Appendix 2.

Detailed points on issues within the scoping report - to be addressed in the environmental statement

16. In HSE's opinion, the licensee should address certain detailed points on the issues within the scoping report in the environmental statement itself. These points are listed at Appendix 3.

Points on other matters - whose consideration could be of benefit to the environmental statement

17. A number of other points are listed at Appendix 4. HSE suggests that, although not specifically required, their consideration could be of benefit to the environmental statement.

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Presentation

18. This opinion will be copied for information to all consultees listed at Appendix 1.

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Implications

19. The licensee may wish to provide flexibility within the environmental statement to deal with future operational or other changes which may be reasonably anticipated at the time of application for consent.

20. HSE will consult on the environmental statement for Bradwell Nuclear Power Station when this is provided by the licensee in due course under EIADR.

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Contact

Ms Eileen Myers, Health and Safety Executive, Nuclear Directorate, St Peter's House, Balliol Road, Bootle, Merseyside, L20 3LZ; tel 0151 951 4938; fax 0151 951 4163; e:mail projectofficer.eia@hse.gsi.gov.uk

APPENDIX 1

TABLE 1

BRADWELL NUCLEAR POWER STATION - STATUTORY RESPONDENTS FOR EIADR 99

  Organisation Contact
1 Chelmsford Borough Council Mr C Hollyman, Head of Town Planning Services
2 Countryside Agency Mr D Vose, Senior Countryside Officer
3 English Nature Dr Alastair Burn
4 Environment Agency Mr D Bennett
5 Essex County Council Mr P Hakes
6 Maldon District Council Linda Weeks
7 Tendring District Council Mr P Green, Principal Planning Officer
8 West Mersea Town Council Mr Tucker, Town Clerk

TABLE 2

BRADWELL NUCLEAR POWER STATION - OTHER RESPONDENTS FOREIADR 99

Organisation Contact
1 Bradwell on Sea Parish Council Mr B G Main, Chairman
2 Colchester Borough Council & Colchester Port Authority Colin Daines, Environmental Control Manager
3 East of England Tourist Board Mr N J Warren, Planning Officer
4 English Heritage Ms D Priddy
5 Essex Police Mr K Ferguson, Contingency Planning Manager
6 Kent & Essex Sea Fisheries Committee Mr J Wiggins, Chief Fisheries Officer
7 National Radiological Protection Board Dr J R Cooper, Head of Environmental Assessment Department
8 National Trust Keith Turner, Area Manager
9 Royal Yachting Association Mr J M Eardley
10 Rural Community Council for Essex Mrs Stakey
11 Southend on Sea Borough Council John Collins, Technical Services Dept
12 Food Standards Agency S W Conney, Radiological Safety Unit
13 UK Nuclear Free Local Authorities J K Woolley
14 Shut down Bradwell Campaign Val Mainwood
15 Department of Environment, Transport and the Regions Mr B Oliver
16 Mersea Objectors Mrs B Teague
17 Colchester Borough Council J Bouckley (LCLC)
18 Farmers Union Mrs G Ashford (LCLC)
19 Department of Trade and Industry Mr J Hoare

APPENDIX 2

ISSUES NOT EXPLICITLY DESCRIBED WITHIN THE SCOPING REPORT - TO BE INCLUDED IN THE ENVIRONMENTAL STATEMENT

Options and reasons for option chosen

1. EIADR requires that the environmental statement must include an outline of the main alternatives (or options) studied by the licensee, and an indication of the main reasons for the option chosen, taking into account the environmental effects (EIADR, Schedule 1, paragraphs 2 and 11). This means the statement should address options for the whole project, including:

  1. The works phase;
  2. The care and maintenance phase;
  3. The site clearance phase;
  4. Transport;
  5. Treatment of wastes.

Description of likely effects on the environment

2. EIADR requires that the environmental statement should describe the likely effects of the proposed project on the environment, which should cover indirect, secondary, cumulative, short-, medium- and long-term, permanent and temporary, and positive and negative effects of the project on the environment (EIADR, Schedule 1, paragraph 4).

3. This means that the statement must cover the whole project through dismantling to site clearance, and address, amongst other things, accidental or untoward events. Furthermore, the nature and potential for adverse environmental effects arising from possible abnormal situations during the whole decommissioning period should be identified. While it may not be possible, at this stage, to be definitive about the later stages of decommissioning, the statement should cover the strategic intention for eventual completion of decommissioning and as much detail as possible on environmental effects. Where there is uncertainty in later stages this must be indicated. Some more detailed aspects are described below.

Measures to control effects on the environment

4. The environmental statement must describe measures envisaged to avoid, reduce and, if possible, remedy significant adverse effects on the environment (EIADR, Schedule 1, paragraphs 5 and 9).

Radioactive emissions and wastes

5. The environmental statement should consider potential radioactive emissions and long-term storage of radioactive waste on the site (N.B. authorised discharges will continue to be made under the Radioactive Substances Act 1993). Other wastes should also be addressed, including asbestos, and other hazardous and non-hazardous wastes (EIADR, Schedule 1, paragraph 1).

APPENDIX 3

DETAILED POINTS ON ISSUES WITHIN THE SCOPING REPORT - TO BE ADDRESSED IN THE ENVIRONMENTAL STATEMENT

1. The licensee should consider the detailed points listed below on the issues within the scoping report. Most of these detailed points are not explicitly described but may be mentioned within the scoping report.

Noise

2. Consideration should be given to:

  1. Any potential effects on wildlife, particularly waterfowl, on adjacent land and within the estuary (N.B. The scoping report identifies potential impacts on wintering birds due to noise);  
  2. Broader impacts of noise, not just noise within the immediate locality, including beyond public rights of way and movement along all transportation routes;  
  3. Impacts from any potential blasting operations.

Vibration

3. Consideration should be given to:

  1. Broader impacts of vibration, not just vibration within the immediate locality;
  2. Impacts from any potential blasting operations.

Air quality and climatic factors

4. Consideration should be given to:

  1. Extending the assessment beyond the 2 km zone around the site boundary, including nearby places such as Mersea Island, beyond public rights of way, and covering transportation of waste materials further afield (N.B. The scoping report considers the potential impact of emissions on air quality up to 2km beyond the site boundary);
  2. Extending the potential impact of emissions on air quality to any potential knock-on effects on, for example, water quality, or dust entering water courses or falling on vegetation;
  3. Impacts from potential changes in the use of incineration on air quality.

5. Concern was expressed regarding the impact of potential climatic changes over the proposed 100 years. Consideration should be given to:

  1. The ability of buildings and structures designed for the British climate to withstand climate changes;
  2. The ability of the drainage system to cope with the consequences of climate changes;
  3. Potential effects of climate change, including changes in sea level, on the integrity and safety of the site (N.B. The scoping report covers the possible rise in sea level and other climatic changes in relation to the integrity of the flood defences for the site).

Geology, hydrogeology and soils

6. Consideration should be given to:

  1. Impacts of long-term geological, hydrological and seismic factors on public health and safety and the environment;
  2. Impacts on groundwater from potential contamination.

Surface water quality and drainage

7. Consideration should be given to:

  1. Addressing saltwater and freshwater separately;
  2. Explaining potential impacts from removal of chemicals and oils on surface freshwater;
  3. Impacts from water abstraction, including thermal changes on fish stocks (for example, the bass nursery area, local bass population and Blackwater herring) and oyster fishing (for example, in the Blackwater estuary and nearby creeks) (N.B. The scoping report states that the environmental statement will take account of the cessation of cooling water discharge);
  4. Remaining underwater structures which could cause obstruction to vessels trawling or drift netting;
  5. Impacts on hydrology and sediment transport or deposition following removal of the breakwater;
  6. Impacts on flood defences, including flood protection and flood plain;
  7. Using groundwater vulnerability maps as a reference source.

Ecology

8. Reference should be made to any ecological studies planned, bearing in mind the seasonal nature of wildlife. In particular, consideration should be given to:

  1. Referencing the document entitled, "Essex Estuaries European marine site - English Nature's advice given under regulation 33(2) of the Conservation (Natural Habitats &c.) Regulations 1994", issued on 14 June 2000, particularly with regard to Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) (N.B. The scoping report refers to the Essex Estuaries SAC and Mid Essex Coast SPA);
  2. Local and regional designated habitats up to 5km beyond the site boundary (N.B. The scoping report considers the potential impact on national and international habitats);
  3. Potential impacts on habitat and species distribution of fish in relation to thermal changes following cessation of cooling water discharge (see the section on surface water quality and drainage);
  4. Potential impacts on wildlife from lighting associated with changes in night working;
  5. Ecological implications from heavy traffic movements through the Dengie landscape, both on site and off site.

Traffic and transport

9. Many views were expressed on traffic and transport. The scoping report only covers road transport, and the potential use of transport by rail or sea should be addressed. The key points are summarised below.

10. Further consideration should be given to road transport, including:

  1. Impacts on all likely road traffic routes (N.B. The scoping report refers to the principal traffic route);
  2. Potential disruption to the local population from potential increases in heavy goods road traffic, including noise, vibration, exhaust emissions and damage to road surfaces;
  3. Potential impacts from large, heavy indivisible loads of inbound plant and outbound scrap or waste;
  4. Potential impacts on local traffic from changes in the labour force (in particular, whether new recruits are drawn from the catchment area or from outside, the latter possibly in temporary accommodation on or near the site).

11.Consideration should be given to rail transport, including:

  1. Potential impacts of continuing to use the railhead at Southminster (or proposals to use an alternative railhead);
  2. Potential volumes of plant and scrap or waste;
  3. Impacts on other rail users.

12.Consideration should be given to water transport, including:

  1. Potential effects on wildlife and fouling of the seabed;
  2. Impacts of the removal of the breakwater on water navigation.

Landscape and visual

13. Consideration should be given to:

  1. Impacts on the Greater Thames Estuary and London Basin Natural Areas produced by English Nature;
  2. Changes in light pollution from changes in night working;
  3. Arrangements for the removal of power lines and associated infrastructure;
  4. Impacts of changing the visual effects of the station on water navigation (the power station building is a conspicuous structure which is used as a navigational aid in local waters).

Socio-economic

14. Many views on socio-economic matters were expressed. A number of concerns were expressed regarding impact on employment, local businesses, housing markets and tourism, which are identified in the scoping report. Other points raised are summarised below.

15. Consideration should be given to:

  1. Broader impacts on socio-economic matters, including rural communities, jobs and businesses, and not just impacts within the immediate locality;
  2. Implications for recreation;
  3. Potential impacts on a sustainable public transport system, affecting tourism and the ability of commuters to retain employment outside the area;
  4. Managing perceptions of the wider community impacting on local economies, such as potential falls in fish and shellfish sales.

Archaeology and cultural heritage

16. The scoping report states that an independent study concluded that there is no evidence that there have been any features of archaeological interest within the licensed site, and that no further assessments with respect to below ground archaeology are proposed. This should be addressed in the environmental statement.

APPENDIX 4

POINTS ON OTHER MATTERS - WHOSE CONSIDERATION COULD BE OF BENEFIT TO THE ENVIRONMENTAL STATEMENT

1. The licensee may wish to take into account the points listed below in the environmental statement, although these are not explicitly required in the statement.

2. Consideration may be given to:

  1. Including in the policy framework any relevant central government policy (N.B. The scoping report refers to regional and local plans and guidance in the policy framework for the environmental statement);
  2. Explaining the role of the environmental impact assessment and environmental statement within the framework of the licensing regime and review of decommissioning strategy requested by government;
  3. Providing a summary matrix of the different activities associated with the proposed work and the range of environmental parameters potentially affected, with some form of ranking of the potential significance of any impact;
  4. Including strategies for monitoring the actual impacts of measures to be taken to avoid, reduce and, if possible, remedy significant adverse effects on the environment. This could cover gathering base-line data, and monitoring during the works and care and maintenance phases to demonstrate the effectiveness of the measures taken or to identify the need for measures to be reviewed and amended. Monitoring could include potential health effects on the local population;
  5. Using the proposed 100 year delay before site clearance begins to provide an opportunity to create a nature reserve within part of the site boundary which would be undisturbed by human intervention. Species of flora, and possibly fauna, could be introduced which would be endangered in more accessible locations;
  6. Using appropriate waste materials to fortify sea defences;
  7. Involving the local population in the decommissioning programme, in particular, discussing concerns and expectations, and involving local government in discussions on changes in land use and asset disposal arrangements (for example, the airfield, waterside, and areas of Downhall beach) with a view to benefiting the community (as with the lake projects at Trawsfynydd).

3. A number of issues are covered by existing legislation, and these will continue to be enforced under this legislation. These issues include:

  1. Continuity of site management;
  2. Site security, including human and animal intrusion;
  3. Fire safety, including safety of additional contractors housed in temporary accommodation, procedures for dealing with incidents involving hazardous materials, and liaison with the local fire service;
  4. Emergency arrangements;
  5. Safety of plant, including reactor dismantlement;
  6. Transport safety, including identifying standard road routes (with implications for congestion of narrow lanes), and dealing with incidents involving vehicle fires and leakage of hazardous material;
  7. Health and safety aspects of dust control from, for example, masonry crushing on the site.

Published on HSE web site 5 July 2001