HSC Consults on Redrafted Guidance for Nuclear Reactors Decommissioning Regulations

HSC press release C006:05 - 10 March 2005

The Health and Safety Commission has published a consultative document seeking comments on redrafted guidance from the Health and Safety Executive (HSE) on the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (EIADR99).

Issues raised by consultees in a previous exercise, in particular demand for greater clarity on several issues, have been addressed in the redrafted guidance. In addition, experience gained from considering applications to undertake decommissioning projects at two nuclear power stations has enabled HSE to set some standards on what it expects from submissions and how these will be dealt with. The redrafted guidance should, therefore, benefit future applicants by highlighting these standards and requirements.

The guidance has been redrafted so that each regulation is reproduced followed by interpretative guidance. HSE believes this new approach is more user-friendly and easier to understand. It also provides some helpful interpretative advice on a number of difficult EIADR-related issues. HSE intends to publish the guidance later this year as an online 'live' document that can be updated as and when required, for example when the EIADR99 need to be amended .

The consultation document can be found on HSE's website at: http://www.hse.gov.uk/consult/live.htm.

Notes to editors

1. The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (EIADR99) implement in Great Britain the part of Directive 85/337/EEC, as amended by Directive 97/11/EC, that assesses the effects of certain public and private projects - including the dismantling or decommissioning of specified nuclear power stations and nuclear reactors - on the environment.
2. The EIADR99 apply to all new decommissioning projects that began after 19 November 1999 and existing project s subject to change or extension that may have significant adverse effects on the environment. HSE is respo nsible for enforcing the regulations.
3. The EIADR99 require reactor licensees to: submit an application for consent (in the form of an environment statement) to HSE for consideration; publicise the application (usually via publication in one or more newspapers circulating in the locality in which the project is to be carried out); and make copies of the environment statement available to the public.
4. Licensees cannot start decommissioning projects or change existing projects (where that change or extension produces any significant adverse environmental effect) until HSE (following consultation with other stakeholders e.g. the Environment Agency, Scottish Environment Protection Agency) has granted consent.
5. The legislation applies to reactors over 1 kilowatt continuous thermal load. It is not expected to affect decommissioning work that is already underway (unless there is a change or extension to an existing project where there may be a significant adverse effect), and does not apply to a nuclear chemical plant. EIADR99 does not apply to national defence projects.
6. To date, HSE has granted consent f or two decommissioning projects (at Hinkley Point A and Bradwell nuclear power stations). HSE is currently considering applications for a further two stations (Calder Hall and Chapelcross) and during the next four years expects to receive applications for consent to decommission at least a further four stations.
7. An initial draft of the guidance was subject to public consultation in 1999. Following this consultation, a commitment was made in 2000 to redraft the guidance and undertake further consultation before publication. One of the reasons for delaying a further consultation was the demand from consultees for greater clarity on several unresolved issues. This has proven to be a difficult and time-consuming task.

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