Berkeley nuclear licensed site report - Q3 2009

Quarterly report for 1 July to 30 September 2009

Inspections
Routine matters
Non-routine matters
Regulatory activities

Foreword

This report is issued as part of the Health and Safety Executive's commitment to make information about inspection and regulatory activities relating to the above site available to the public. It is for distribution to members of the Berkeley Site's Site Stakeholder Group (SSG) and covers activities associated with the regulation of safety at Berkeley Site. These reports are distributed quarterly and are also available on the HSE's website. Site Inspectors of HM Nuclear Installations Inspectorate attend SSG meetings and will respond to questions raised there by members of the SSG.

Proposed changes to the status of HSE's Nuclear Directorate

Government has decided to restructure HSE's Nuclear Directorate (ND) to improve further its organisational framework for the sustained delivery of robust, effective and efficient nuclear regulation in the UK. This will place the ND in a better position to meet the anticipated future challenges.

Several factors have come together to make now the right time to restructure ND and create a new independent Nuclear Statutory Corporation (NSC) under the auspices of HSE. These include changing requirements of ageing nuclear power reactors; on-going decommissioning and active management of legacy nuclear plants; assessment of potential new nuclear power stations; growing competitiveness in the global nuclear skills market and the need for improved regulation driven by increased expectation from society for better accountability, transparency and efficiency from public sector bodies.

In addition to this was the government-initiated exercise conducted by Dr Tim Stone which examined the UK's nuclear safety regulatory regime and identified a number of recommendations for improvement, including the need for structural changes to ND. The Summary Recommendations and the Government's response were published at the end of January 2009 (available on HSE's website).

HSE is working on the legislative measure that needs to be in place to create the NSC. These changes will be made through a Legislative Reform Order (LRO) under the Legislative and Regulatory Reform Act 2006.

Informing this, a joint consultation exercise was carried out by DECC and DWP that sought views on the proposed changes. The 12-week consultation period ended on 22 September 2009 and submissions are currently being assessed.

These new arrangements will not change the substance or standards of regulation or compromise the independence of the nuclear regulatory body, and will not affect the decisions it takes or the international obligations the Government requires it to meet.

These reforms are designed to lead to improvements in the transparency, accountability and consistency of regulatory activities, thereby seeking to enhance the confidence of all stakeholders, both duty holders and those with wider interests. The reforms would be expected to offer clear and direct benefits to industry and workers as well as society as a whole, which would benefit from efficient and continued robust and effective regulation of nuclear hazards.

Subject to the outcome of the consultation and Parliamentary approval, and if the Parliamentary timetable permits, the aim is to bring the new body into being during 2010.

An internal change programme is currently operating within ND to ensure that the ND is ready to operate when permitted by Parliamentary approval as a statutory corporation from spring 2010. This programme has identified key areas of action and deliverables, which will sit alongside the current business improvement programme and will ensure that operational business improvements are delivered alongside the set up of the new corporation.

It is important to recognise that this programme does not in anyway compromise the current business activity that is delivered through ND and strives to improve operational effectiveness and stakeholder engagement.

Inspections

The Nuclear Installations Inspectorate (NII) Site Inspector visited Berkeley Site during the quarter. Inspections were made on the following days:

7th - 8th July 2009
3rd - 4th August 2009
25th - 26th August 2009
9th September 2009

Routine matters

Compliance Inspections

Routine inspections are undertaken for the purpose of monitoring compliance with (i) the conditions attached by HSE to the nuclear site licences, and (ii) other relevant provisions of the Health and Safety at Work etc Act 1974, including the Ionising Radiations Regulations 1999.

Modifications on site aimed at preparing the site for a quiescent phase of operation were inspected. This included modifications to the reactor vent system, seismic enhancements, weather envelope enhancements, a new transformer and removal of combustibles from the site.
NII worked with specialist engineers to inspect the civil structures at Berkeley. The condition of the buildings were found to be generally good though there was room for improvement in the engineering substantiation of the vaults structure.
The progress of the site against the recommendations of their periodic review of safety (PSR) was inspected.
With a view to improving compliance, NII have been working with Magnox South to develop their maintenance arrangements. Berkeley and the other sites in the fleet are currently preparing to implement a consistent process based on lessons learnt at the Hinkley Point A Site.
NII agreed objectives for the proposed level 1 emergency demonstration exercise. The level 1 exercises test the effectiveness of the emergency teams on site. This follows a level 2 exercise in September which tested the off-site organisations.

Non-routine matters

Licence Condition 36 attached to Berkeley Site's Nuclear Licence requires the Licensee to have adequate arrangements to control organisational change. Magnox South Ltd are proposing a significant reduction in staffing levels at Berkeley Site. This is justified in a management of change document (MoC 70). During the last quarter NII specified that MoC 70 be submitted to NII for scrutiny and not implemented without the agreement of NII. During this quarter the Licensee have submitted a revised MoC 70 proposal which is currently being inspected.

Regulatory activities

Licence Instruments

As part of its regulation under nuclear site licences, NII issues regulatory documents, collectively termed Licence Instruments. No such Instruments were issued this quarter.

Under Health and Safety legislation the Site Inspector, or other HSE Inspectors, may issue formal notices to secure improvements to safety. No such notices were issued during the reporting period.