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NUCLEAR DECOMMISSIONING AUTHORITY ... - Pinsent Masons

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Update<br />

September 2005<br />

International Construction & Energy<br />

Nuclear decommissioning Authority Publishes Draft Strategy<br />

The Nuclear Decommissioning Authority (the NDA), the non-departmental public body<br />

established by the Energy Act 2004 to manage the UK's nuclear legacy, published its draft<br />

strategy on 11 August 2005 for public consultation.<br />

The NDA, which became fully operational on 1 April 2005,<br />

has taken over responsibility for the operation,<br />

decommissioning and clean up of the UK's 20 civil nuclear<br />

sites. Its draft strategy sets out exactly how it intends to<br />

fulfil that responsibility over the course of the next five<br />

years and beyond.<br />

The NDA’s Six Priorities<br />

The draft strategy states the NDA's top six priorities over the<br />

next five years as being to:<br />

1 ‘create robust, costed and funded plans to clean up<br />

sites based on a comprehensive understating of the<br />

liabilities;<br />

2 demonstrate real progress in reducing high hazards<br />

in legacy facilities, especially Sellafield;<br />

3 complete competitions for managing and operating<br />

nearly all our sites;<br />

4 determine a better approach to interim<br />

Intermediate Level Waste storage and Low Level<br />

Waste Disposal;<br />

5 accelerate the decommissioning time-scales for<br />

Magnox sites; and<br />

6 define end states and agreed time scales for all<br />

sites.’<br />

The number one decommissioning priority is dealing with<br />

the high hazard legacy facilities at Sellafield and Dounreay.<br />

The full scale of these operations, including the extent and<br />

nature of the contaminated land at those sites is, by the<br />

NDA's own admission, not yet fully understood. The initial<br />

estimated cost of the clean up of UK sites has already<br />

increased from £48bn to £56bn. Once the NDA has a better<br />

understanding of what is required to clean up those high<br />

hazard facilities, this estimate is likely to increase further.<br />

The NDA also aims, within 25 years, not only to achieve final<br />

clearance of 6 sites but to have all 11 Magnox reactor sites<br />

cleared and available for alternative uses. This is a significant<br />

acceleration of the current Government and British Nuclear<br />

Group's proposed 125 year programmes.<br />

Acceleration of the Magnox decommissioning is, however,<br />

dependent on finding a long term solution to storage of the<br />

intermediate level waste (ILW) from the Magnox sites, or at<br />

least an alternative interim storage solution to the current<br />

method of storing the waste in facilities on each reactor site.<br />

Along with the management of high level waste from<br />

Sellafield, encouraging the government to make a decision in<br />

relation to long term management of ILW as well as<br />

considering new and better solutions to the disposal of low<br />

level waste (LLW) than the current facilities at Drigg can<br />

offer, are the NDA's top priorities in relation to radioactive<br />

waste management.<br />

To that end, the NDA has now disclosed that the first<br />

contract for site management and operations which it<br />

intends to compete is for the management of the LLW<br />

disposal facilities at Drigg, possibly together with a new LLW<br />

facility at Dounreay.<br />

That first competition will begin in April 2006, with a view to<br />

placing the contracts before the end of next year. After that,<br />

the NDA intends to compete packages of contracts: the nine<br />

closed Magnox 1 stations will be bundled into two packages<br />

and competed in 2007, followed by Harwell and Winfrith as<br />

a package in 2008. The remaining facilities at Dounreay<br />

(other than the LLW facility) will also be competed in 2008<br />

and Sellafield and Windscale will follow in 2009.<br />

The rest of the strategy emphasises, amongst other things,<br />

the NDA's commitment to transparency and to ensuring the<br />

1 Berkeley, Bradwell, Hinkley Point A, Dungeness A and Sizewell A as one package, and Calder Hall, Chapelcross, Trawsfyndd and<br />

Hunterston A as another.<br />

Continued on reverse


maintenance of a nuclear skills pool.<br />

The strategy confirms the NDA's budget of £2bn per annum<br />

and envisages that an increasing proportion of this will be<br />

spent on decommissioning activities over the coming years.<br />

What the strategy does not deal with is how that budget is<br />

to be funded in the event that the European Commission's<br />

ongoing State Aid enquiry reaches an adverse conclusion.<br />

The NDA is required to submit its final strategy to the<br />

government with a view to obtaining its approval before the<br />

end of March 2006. The public consultation period expires<br />

on 11 November 2005. Anyone wishing to comment on the<br />

draft strategy should contact Kelly Jackson, NDA Strategy<br />

Consultation, Pelham House, Calderbridge, Cumbria, CA20<br />

1DB or email strategy.consultation@nda.gov.uk.<br />

A full copy of the draft strategy can be obtained at:<br />

http://www.nda.gov.uk/documents/nda_draft_strategy_for_<br />

consultation_2005.pdf<br />

© <strong>Pinsent</strong> <strong>Masons</strong> 2005<br />

Should you have any questions please contact Mark Richards (mark.richards@pinsentmasons.com) or Rebecca Harvey<br />

(rebecca.harvey@pinsentmasons.com), or your usual <strong>Pinsent</strong> <strong>Masons</strong> adviser who will be able to assist you further.<br />

This note does not constitute legal advice. Specific legal advice should be taken before acting on any of the topics covered.<br />

LONDON BIRMINGHAM BRISTOL EDINBURGH GLASGOW LEEDS MANCHESTER BRUSSELS DUBAI HONG KONG SHANGHAI<br />

T 0845 300 32 32 www.pinsentmasons.com

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