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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 West Cumbria Sites Stakeholder Group (WCSSG) and covers activities associated with the regulation of safety at the LLW Repository nuclear licensed site.  These reports are distributed quarterly and are available on the HSE's web site located at: http://www.hse.gov.uk/nuclear/llc/index.htm.  Site Inspectors of HM Nuclear Installations Inspectorate (NII) normally attend WCSSG meetings and will be happy to respond to questions raised there or subsequently by members of the WCSSG. 

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Inspections

The Nuclear Installations Inspectorate (NII) Site Inspector visited the LLW Repository site with colleagues on the following dates during the quarter:

• 15 & 16 June 2009.

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Routine matters

Inspections at site

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

1. The conditions attached by HSE/NII 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 licensees' actions on the site in relation to incidents, operations, maintenance, projects, modifications, safety case changes, and any other matters that may affect safety.  The licensees/operators are required to make and implement adequate arrangements under the conditions attached to the licence to ensure legal compliance.  Inspectors judge both the adequacy of such arrangements and their implementation.

Site visit

In the period, the Site Inspector carried out limited inspection on site, during which he was briefed on events that had occurred and visited the Vault 9 construction and Vault 8 operational storage areas to see progress on the site.  He also assisted colleagues who were carrying out a routine exercise on the site.

Stakeholder meeting

The Site Inspector attended the 18th Meeting of the LLWR Committee of the West Cumbria Sites Stakeholder Group on 10 June 2009.

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Non-routine matters

Licensees are required to have arrangements to respond to non-routine matters and events.  NII inspectors judge the adequacy of the licensee's response, including actions taken to implement any necessary improvements.  There were no items of particular note during the current reporting period.

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Update on the new statutory corporation

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 (available on HSE's website:  http://www.hse.gov.uk/nuclear/stonereview.htm).

A public consultation, run by DWP and DECC, on the LRO was launched on 30 June 2009 for a 12 week period, which gives the opportunity for stakeholders to comment on the proposals.

For access to this consultation please see:
http://decc.gov.uk/en/content/cms/consultations/hse_restruct/hse_restruct.aspx
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 any way compromise the current regulatory activities of ND.

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Regulatory activity

Under Health and Safety legislation NII Site Inspectors, and other HSE Inspectors, may issue formal documents to ensure compliance with regulatory requirements.  Under nuclear site licence conditions HSE/NII issues regulatory documents, which either permission an activity or require some form of action to be taken; these are collectively termed Licence Instruments.  In addition, inspectors may issue enforcement notices to secure improvements to safety.

No Licence Instruments were issued in the period.

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