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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 Dungeness SSG and covers activities associated with the regulation of safety at Dungeness B Power Station. These reports are distributed quarterly and are also available on the HSE's web site at http://www.hse.gov.uk/nuclear/llc/index.htm. Site inspectors of HM Nuclear Installations Inspectorate usually attend SSG meetings and will respond to questions raised there by members of the SSG.

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Inspections

The Nuclear Installations Inspectorate (HMNII) Site Inspector and other inspectors visited Dungeness B on the following dates during the quarter covered by this report:

• 28, 29, 30 May
• 19, 20, 21 June

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Routine matters

Inspections are undertaken at site as part of the process for monitoring compliance with:

1. The conditions attached by HSE/HMNII to the nuclear site licence;
2. The Health and Safety at Work etc Act (HSWA) 1974 and
3. Regulations made under the HSWA for example the Ionising Radiations Regulations 1999 and the Management of Health and Safety at Work Regulations 1999.

This entails monitoring licensee's actions on the site in relation to incidents, operations, maintenance, projects, modifications, safety case changes and any other matters which may affect safety. The licensees are required to make and implement adequate arrangements under the conditions attached to the licence in order to ensure legal compliance. Inspections seek to judge both the adequacy of these arrangements and their implementation. In this period routine inspections at Dungeness B covered:

• Emergency arrangements
• Quality assurance
• Periodic shutdown

In general the arrangements made and implemented by the site in response to safety requirements were deemed to be adequate in the areas inspected. However, where improvements were considered necessary, satisfactory commitments to address the issues were made by or are being sought from the licensee, and the site inspector will monitor progress during future visits. Where necessary, formal regulatory enforcement action will be taken to ensure that appropriate remedial measures are implemented to reasonably practicable timescales.

Annual Emergency Exercise "NEPAL"

A team of HMNII inspectors, including a Superintending Inspector, observed the Dungeness B annual demonstration exercise on 20 May 2009. HMNII concluded that the station had given an adequate demonstration of its emergency preparedness arrangements. Some areas of good practice were identified along with some learning opportunities and these points were communicated in a letter to the site.

Reactor R21 Statutory Outage

The Outage Intentions Meeting was attended for the forthcoming statutory outage of reactor R21. Dungeness B satisfied HMNII that the workscope for the outage contained all of the work required to ensure continued compliance to the conditions attached to the site licence as well as other statutory provisions.

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Non-routine matters

Licensees are required to have arrangements to respond to non-routine matters and events. HMNII inspectors judge the adequacy of the licensee's response including actions taken to implement any necessary improvements.As part of their planned inspection site inspectors examine safety-related events that have occurred and the Licensee's response to them. There were no matters of particular note during the current period.

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Regulatory activity

Under Health and Safety legislation HMNII Site Inspectors, and other HSE Inspectors, may issue formal documents to ensure compliance with regulatory requirements. Under nuclear site licence conditions HSE/HMNII issues regulatory documents, which either permission an activity or requires some form of action to be taken; these are collectively termed Licence Instruments (LI). In addition, inspectors may issue enforcement notices to secure improvements to safety.
There was one Licence Instruments issued to the licensee during the quarter:-

• Licence Instrument No. 524. Approval of Terms of Reference of Nuclear safety Committee.

No enforcement Notices were issued during the quarter.

Proposed changes to the status of HSE's Nuclear Directorate

The Government has put forward proposals to change the status of HSE's Nuclear Directorate (ND) to that of a Statutory Corporation under the auspices of the HSE. This is intended to enable ND, as the independent nuclear regulator of safety and security, to better meet the challenges of a changing nuclear industry over the coming years. The changes are to provide the nuclear regulator with greater flexibility and increase the accountability, transparency and openness of nuclear regulation. The Government are proposing that the statutory changes needed to bring this about will be made by a Legislative Reform Order (LRO).

This builds on the outcome of the Government initiated review of the UK's nuclear regulatory regime, led by Dr Tim Stone. The Summary Recommendations and the Government's response were published at the end of January 2009.

A public consultation, run by DWP and DECC, on the LRO was launched on June 30th for a 12 week period, which gives the opportunity for stakeholders to comment on the proposals.

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.

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 as a statutory corporation from spring 2010.

This programme does not in anyway compromise the current regulatory activities of ND.

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