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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 Capenhurst Local Stakeholder Group (LSG) and covers activities associated with the regulation of safety at the Capenhurst Works.  These reports are distributed quarterly.  Site Inspectors of HMNuclear Installations Inspectorate normally attend LSGmeetings and will be happy to respond to questions raised there or subsequently by members of the LSG.  .

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Inspections

Inspectors from NII visited the site on the following dates:

• July 7th, 30th & 31st.
• August 18th.
• September 3rd, 9th & 16th.

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Routine matters

Compliance with conditions attached to the Nuclear Site Licence

Each NII site inspector has an inspection programme, informed by planned regulatory interventions. There are three key regulatory interventions for this site. The first is to ensure that the structure and resources available to the licensee remain adequate to ensure nuclear site licence compliance, as the hazard on the site reduces. The second relates to the acceleration of the disposition and 'deconversion' of the legacy uranium hexafluoride "Hex Tails", to the less hazardous oxide form of uranium. The third relates to the proposed relicensing of the site.

With regard to the licensee's compliance with licence condition 36, (for the control of organisational change) the licensee has continued to implement arrangements to adequately justify the ongoing site organisational changes. The licensee has recently enhanced the licensee's site project management capability, for emerging potential significant new future projects on the site, supporting further waste management and hazard reduction projects.

It had previously been understood that the 'down blended' uranic residues were only to remain on the Capenhurst site for a limited period, pending further processing and recycling at another licensed site. The licensee is currently proposing to store these materials at Capenhurst until around 2014, pending processing and recycling at another licensed site. The revised safety case, to justify the adequacy of the interim storage arrangements, is currently expected to be submitted by the licensee imminently, a number of months later than originally planned to be prepared by the licensee.

The site inspector observed effective co-operation between the two Capenhurst licensees, during the 'Level One' ('on site') emergency exercise led by Urenco UK Limited on 24th September.

The licensee continues to prudently actively commission a new facility, being used to empty and wash out some legacy uranium hexafluoride cylinders, with acceptable overall progress being maintained. This plant is a key facility for reducing the chemo toxic and criticality hazard on the site.

The site inspector had participated in a two day audit of aspects of the quality management system, underpinning the licensee's transport arrangements, led by two Department for Transport inspectors, in April 2009. The audit identified that some aspects of the licensee's quality assurance arrangements needed to be updated, to reflect the recent organisational changes within the site licensee, which were readily acknowledged by the licensee and are being addressed. No deficiencies were identified in the implementation of the licensee's arrangements for radioactive materials transport. The site inspector confirmed that the licensee was implementing enhancements to the quality management system.

Event on the site

On 24th July, the licensee promptly notified NII of a seepage of a few litres of radioactive liquor from a corroded stored uranium hexafluoride legacy "Hex Tails" cylinder, held inside a storage building. The Site Emergency Control Centre was appropriately manned for several hours, whilst the leak was promptly brought under control and sealed by the 'on site' Fire & Rescue team. There was no escape of radioactivity from the building and no personnel were contaminated. The volume (about three litres) and specific radioactivity of the acidic liquor, which had leaked from the ageing "Hex Tails" cylinder in a small localised area, breached the level defined within the Ionising Radiations Regulations 1999. This resulted in the event being notifiable to the relevant Minister.  Timely notification was made concurrently by both HSE and the licensee. The site inspector initially visited the scene of the event on 31st July, where appropriate arrangements were seen to have been implemented and proportionate containment measures applied, as well as subsequently, together with discussing the licensee's response with the site management on a number of occasions and subsequently being updated by the licensee weekly. The licensee is conducting appropriate tests, to establish the integrity of this cylinder and to identify other "Hex Tails" cylinders which may be at risk of similar corrosion and hence potential leakage. The licensee's preliminary investigation report has appropriately called for a review of the safety case for medium term "Hex Tails" storage, informed by the emerging findings of the ongoing investigation into this event. This approach is endorsed by NII. The site inspector continues to monitor the licensee's response and ongoing investigation of this event, which has been acceptable thus far. The site inspector has written to the licensee, requesting a formal review of the "Hex Tails" policy, to be completed by the end of 2009, to take account of this event. This event has clearly significantly enhanced the need for timely "Hex Tails" disposition and NII will continue to press for the development and timely implementation of detailed plans for elimination of the "Hex Tails" hazard from the Sellafield Limited site at Capenhurst.

Annual Review of Safety & Environmental Matters

The annual meeting, at which NII and the Environment Agency jointly reviewed the safety and environmental performance of the licensee, was held at site on 7th July. An inspection was then made of the "Hex Bottle washing" facility. Viewed overall, it was concluded that the licensee had a generally good performance over the preceding financial year. The emerging projects were also discussed, which were aiming to significantly accelerate the clearance of uranic materials from the site, by 2030 as the objective. The licensee and NDA were considered to be co-operating effectively towards delivering the acceleration of hazard reduction, notably from legacy "Hex Tails" disposition.

Proposed relicensing of the site

Both Capenhurst licensees intend making relicensing applications to NII, the submission date having been postponed to around November 2009, with a view to the issue of new site licences to both Capenhurst licensees around May 2010. NII has confirmed that the relicensing process will take around six months. The primary purpose of the two new site licences will be to reconfigure the boundary between the two licensed sites, enabling Urenco UK Limited to incorporate eight areas of leased land, currently on the Sellafield Limited - Capenhurst licensed site, on to the Urenco UK Limited licensed site.

Capenhurst 'Lifetime Plan'

The site inspector continues to participate in the quarterly regulatory review meetings, involving NII, the Environment Agency, the licensee and the Nuclear Decommissioning Authority, (NDA), reviewing the licensee's decommissioning and waste disposals progress against the Lifetime Plan, most recently on 3rd September.

NII continues to actively press the licensee (and where appropriate, NDA, who supply funding and also inform aspects of the licensee's strategy) to develop the options to bring forward the date for the commencement of processing or disposition of the legacy "Hex Tails", uranic and other materials currently stored on site, taking account of wider developments. The licensee and NDA have continued to provide the site inspector with clear visibility of the substantial ongoing work to review the acceleration options. NII remains encouraged that the licensee continues to be actively engaged in reviewing the options to address the "Hex Tails" legacy, with a view to reducing the potential hazard, significantly earlier than currently programmed within the 2009 Lifetime Plan. NII will continue to press for tangible progress to be made by the licensee in the timely reduction of this medium term site hazard. The licensee has recently assembled a team of over 40 engineering project staff on the site, with welcome funding support from NDA, to accelerate the implementation of these site hazard reduction projects, as well as to enhance the engineering capability of the site.

The site inspector continues to press for the timely disposal of solid low level and very low level radioactive wastes from the site by the licensee and for the timely despatch of uranic residues to another licensed site for processing and recycling. NII is pleased with the continuing progress being delivered regarding solid waste disposals from the site.

Solid authorised radioactive waste disposals have continued during the past quarter, further reducing the inventory of radioactive materials on the site. It is understood that the low level solid waste disposals, arising from the decommissioning of the former Diffusion Plant, from the site to the Low Level Waste Repository, are planned to be completed by early 2010. This programme is acceptable to NII.

The site inspector participated in a two day 'assurance review', led by a team from NDA, reviewing the detail and funding by NDA of the licensee's latest developing Life Time Plan, on 30th & 31st July. The site inspector also participated in a site meeting between the Shareholder Executive of DECC, the NDA Commercial Director, the Local Stakeholder Group Chair and the licensee, on 18th August, at which the future strategy for the site was discussed. The site inspector communicated the regulatory expectations, notably for the timely disposition of the legacy "Hex Tails", at these meetings, commenting on the regulatory confidence gained from the good track record delivered by the licensee in decommissioning and radioactive waste disposals in recent years. The site inspector discussed the implications of the event of 24th July, when a legacy "Hex Tails" cylinder corroded and began leaking some radioactive liquor, serving to reinforce the need for timely "Hex Tails" disposition.

The site inspector similarly held informative meetings with the Head of Site and the Head of Strategy on 16th September, to discuss emerging proposals on the future of the site, the site inspector rehearsing the need for timely "Hex Tails" disposition.

There continue to be very effective working relationships between the regulators, the licensee and the NDA at the Sellafield Limited Capenhurst site, which serve the interests of each party.

Meetings with Safety Representatives

The site inspector continues to consult with the active site safety representatives during site inspections. The positive initiatives, encompassed within the refreshed Safety 1st programme, being effectively led by the very active and growing team of safety representatives, continue to make a significant contribution to the strong site safety culture.

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Non-routine matters

None.

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Regulatory activity

No regulatory enforcement action was necessary in this quarter.

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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.

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Permissioning

The Inspectorate has powers under the site licence to issue Consents, Approvals and Directions. In addition, the Inspectorate may use Licence Instruments to issue Specifications, Acknowledgements and Agreements, under either the conditions attached to the Licence, or arrangements made by Sellafield Limited - Capenhurst Works for complying with those conditions. No Licence Instruments were issued during this quarter.

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