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SAFE ENERGY E-JOURNAL  No 22    
Sept, Oct, & Nov 2001
  
Compiled by Pete Roche
Pete.Roche@uk.greenpeace.org


CONTENTS INDEX

 
4
More Sellafield News and Comment
1
5
Magnox Reactors.
6
Nuclear Waste Consultation
3
7
Liabilities Management Authority

Editorial

What a hectic few months since the last issue of Safe Energy. The arguments over the government’s Energy Review have been played out in the media with rumours of a new nuclear programme filling our newspapers. The Government has finally released its nuclear waste management consultation and the Environment Agency consultation on its review of Sellafield discharges has ended. Greenpeace and Friends of the Earth took the Government to court over its approval of the Sellafield MOX Plant, and the Irish Government took the UK to the International Law of the Sea Tribunal in Hamburg. The Government also announced plans to set up a Liabilities Management Authority which will control most of BNFL and the UKAEA’s assets and liabilities. And, of course, in the midst of all this were the tragic events of September 11th which will change the nature of the nuclear debate irrevocably.

As a result of all this, not only is this issue late, but unfortunately it will not be as comprehensive as I would have liked. There will be no analysis of the submissions to the Energy Review by British Nuclear Fuels and British Energy. Also worthy of a report would have been the submission by the Scottish Executive, which was far from enthusiastic about new nuclear build. The submission by the Energy Saving Trust , Carbon Trust and Greenpeace are also worth a look. All these submissions are available on the Cabinet Office website:-

http://www.cabinet-office.gov.uk/innovation/2001/energy/energyscope.shtm

There have been hundreds of reports about the vulnerability of nuclear facilities to terrorist attack, especially reprocessing facilities where the tanks of liquid high-level waste are particularly vulnerable. It is estimated that a release of 50% of the caesium in the Sellafield High Level Waste Tanks would result in an accident 44 times worse than Chernobyl. International Atomic Energy Agency spokesman, David Kyd, said "If you postulate the risk of a jumbo jet full of fuel, it is clear that their design was not conceived to withstand such an impact,"

If you would like to see the Greenpeace submission to the Environment Agency consultation on Sellafield discharges, drop me an e-mail. Also worth printing off and keeping on your bookshelf is the report by WISE Paris on “The Possible Toxic Effects from Nuclear Reprocessing Plants at Sellafield (UK) and Cap de la Hague (France)” for the Scientific and Technological Option Assessment (STOA) Programme of the European Parliament. You should be able to find this on the WISE website www.wise-paris.org If you have difficulty, let me know and I can e-mail you a pdf file.

1. Energy Review approaches a conclusion

In an exclusive report (Blair report to veto more nuclear plants), the Sunday Herald reported on 9th Dec 2001, that the Prime Minister's Performance and Innovation Unit (PIU), which is conducting the Energy Review, will report that the UK can meet its energy needs and cut pollution without building any new nuclear stations. Tony Blair's advisers will reject the nuclear power industry’s shopping list of subsidies for up to 15 new power stations.

The PIU is rapidly moving towards a conclusion that renewables, combined heat and power and conservation, alongside a strong role for gas, can take the UK energy economy forward successfully over the next 20 years while meeting economic, security and sustainability criteria. This is a major setback for the pro- nuclear energy minister Brian Wilson who has been chairing the review. He has been fighting a rearguard action in support of nuclear power, which has resulted in private clashes with experts on the review team.

In public Wilson is now beginning to distance himself from the review, warning the nuclear industry last week not to expect too much from it. The only concession he has won is that nuclear stations should be exempt from the climate change levy as they do not produce the pollution that causes global warming.

But this will not be enough to save nuclear power, which is more expensive than other forms of generation because of the high costs of dealing with radioactive waste. The only role for new reactors envisaged by the PIU team is as an insurance if the planned expansion of renewable energy falters.

The New Scientist, (15 December) which also reported on the Energy Review: “If the government accepts its recommendations, Britain will become one of the most environmentally friendly energy producers in the world … The review paints a picture of an energy policy that could set an example to the world. When it is delivered to Prime Minister Tony Blair later this month, he should seize the opportunity with both hands. It is the nearest thing yet to his cherished notion of the green industrial revolution”.

New Scientist reported that the PIU wants the cost of insuring against accidents and disposing of radioactive waste to be borne by the nuclear industry rather than the government.

The Herald on Sunday continues…..

For months newspapers across the land have been reporting that the government's energy review will 'pave the way' for up to 15 new nuclear power stations, two or three of which could be destined for Scotland. This may be what the nuclear industry and its ministerial cheer-leaders want, but it bears no resemblance to what the long awaited review initiated by Prime Minister Tony Blair will actually say. The review, which is being finalised by the Cabinet's Performance And Innovation Unit (PIU) this week, will show that it is possible to meet the UK's energy needs and cut its climate-wrecking carbon pollution by improving energy efficiency and expanding renewable energy from the wind, waves and tides.

This is cheaper, easier and more publicly acceptable than building new nuclear reactors. The review has identified two scenarios which could meet the target of cutting carbon emissions by 60% over the next 50 years recommended by the Royal Commission on Environmental Pollution. One -- 'global sustainability' -- assumes an annual growth rate of 2% and involves increased energy efficiency, combined heat and power stations and renewable sources providing 30% of electricity needs. The other -- 'local stewardship' -- assumes an annual growth of 1%, a 20% contribution from renewables and no increase in the use of private cars. Neither scenario envisages building any new nuclear power stations. Their only role accorded by the PIU review is as a back-up, with methods of containing carbon emissions from fossil fuels known as 'sequestration', in case something goes wrong with plans to increase reliance on renewable energy sources.

'Our overall conclusion for the new capacity in the electricity supply sector by 2020 is that it can best be delivered, consistent with all energy policy objectives, using energy efficiency, combined heat and power and renewable energy, provided that the last of these can be built at acceptable cost,' one PIU study has concluded. Insiders say that the review will suggest that techniques for removing carbon emissions for coal should be tested in a pilot plant. A permanent sustainable energy policy unit within government will also be proposed.

As was widely predicted, PIU will favour removing nuclear generation from the climate change levy, but on its own this will not be enough to make new reactors economic enough to build. The power company British Energy estimates that this would only be worth £2 million a year, and has said that it requires other public subsidies and financial changes before it will invest in a new nuclear plant. The review will not recommend any other subsidies. Cost estimates by PIU experts suggest that nuclear power, at 3-4.5p per unit of electricity, is more expensive than onshore wind power at 1.5-2.4p per unit, combined heat and power at 1.6-2.4p and gas generation at 1.8-2.1p.

The PIU has come to its conclusions despite the fact that its review is chaired by Brian Wilson, the energy minister who has never made a secret of his enthusiasm for nuclear electricity. He is the MP for Cunninghame North which includes the Hunterston nuclear power station on the Clyde coast. Sources have told the Sunday Herald that Wilson has clashed with the PIU's expert advisers and demanded that a draft be rewritten so that it was less negative about nuclear power. Last week he warned the nuclear industry not to expect too much from the review . 'Supposing the PIU recommended acceptance of the nuclear industry's entire shopping list, it would not guarantee the building of a single new nuclear station,' he said.

Senior executives of the nuclear industry have made clear that they regarded the review as make-or-break time. 'It is no exaggeration to say that British Nuclear Fuels and nuclear power are at the cross- roads,' said BNFL's chairman, Hugh Collum. 'Ahead of us lies either a long managed decline or a period of renewed growth.' The PIU report, which is expected to be published early in the new year, will not embody the government's view. It will only be a recommendation to the government.

The policy to pursue will be decided by the Cabinet, after the issue has been considered by its energy sub-committee chaired by the Deputy Prime Minister John Prescott. There will also be a public consultation . Environmental groups will urge the Cabinet to abide by the PIU's nuclear-free scenarios. For once they will have an ally in the Scottish Executive, whose support for renewables and opposition to new nuclear stations is said to have been influential in the PIU's deliberations.

But even if Blair were to decide to subsidise the building of a few nuclear reactors, it is very unlikely that any of them would end up in Scotland. Aside from the huge potential for wind, wave and tidal energy north of the Border, senior Scottish ministers have made it clear that they are unwilling to accept new nuclear stations while the problem of disposing of the radioactive waste they would create remains unsolved.

The Sunday Herald (9th December) also reported on a new study which shows that Scotland can spearhead the clean, green revolution.

The gigantic potential of power from the wind, waves and tides was given an unprecedented boost by the Scottish Executive when environment and rural development minister Ross Finnie published the first full assessment of the contribution that renewable sources could practically make on 10th December. The results, which have taken aback even die-hard renewable enthusiasts, are revolutionary. Thousands of wind turbines on land and at sea, wave power machines and underwater tidal generators could provide 10 times more electricity than Scotland needs.

The study, by energy consultants Garrad Hassan, concludes that renewables in Scotland could produce a massive 60 gigawatts of power, three quarters of the installed generating capacity of the UK as a whole. This could be done taking into account all the technical and economic barriers and without damaging any scenic or nature conservation areas.

Environmentalists say the potential is 'staggering' and shows how Scotland's renewable energy capacity has been seriously underestimated in the past. It also kills off the hopes harboured by the power company British Energy of building new reactors to replace those at Hunterston in Ayrshire and Torness in East Lothian. 'This report sounds the death knell for nuclear new-build in Scotland,' said Kevin Dunion, chief executive of Friends of the Earth Scotland. 'Environmentally nuclear plants cannot compete, for although they produce no carbon dioxide emissions in generation, they leave a legacy of radioactive wastes which have to be safely contained for thousands of years.'

The study paves the way for a historic sea change in energy policy that should give Scotland a chance to lead the world in developing the technologies for tapping the awesome power of nature. Ross Finnie, the minister for environment and rural development regards it as 'breathtaking'. And according to Friends of the Earth Scotland, the economic benefits for rural areas will be enormous.

Traditional power sources such as coal, oil, gas and nuclear fission either produce pollution that wrecks the climate or dangerous radioactive waste. The report shows that these dirty old technologies can be confined to history. The report takes account of the environmental, planning and technical constraints, and works out the total resources that will be available in 2010 for less than seven pence per unit of electricity. The simplest and cheapest option is onshore wind power, which could provide 11.5 gigawatts of electricity for less than three pence per unit. This is nearly twice Scotland's peak demand and is 11 times more than the power needed to meet the Executive's target of 18% of electricity from renewable sources by 2010. Power from wind on land is now much cheaper than power from coal, oil or nuclear stations. Only gas, at around two pence per unit, can compete.

Fulfilling the entire potential for onshore wind would mean erecting at least 4000 turbines over 2% of Scotland. This assumes that none would be built on the 70% of land that is protected because of its scenic beauty or its wildlife and natural habitats. However, that would rule out the site initially earmarked for one of the world's largest wind farms on Lewis. The Sunday Herald revealed last week that the 600-megawatt development due to be announced by British Energy and AMEC could damage an environmentally important peat bog. Two other farms are proposed: one by Scottish Power at Eaglesham Moor south of Glasgow and another by Scottish and Southern Energy near Girvan in South Ayrshire. The only problem identified by the new study is Ministry of Defence opposition to wind turbines in areas used by low-flying military jets. The MoD fears turbines could increase the risk of accidents.

The study says that up to 25 gigawatts of electricity could be produced by 8000 or more wind turbines stationed on platforms out at sea, and the potential contribution from wave power is 14 gigawatts. Although it is at an earlier stage and is more expensive than wind power, there are at least three different wave power machines under development. Turbines installed underwater could extract up to 7.5 gigawatts of electricity. A second report to be released by the Executive tomorrow shows that the 18% renewables target can be achieved using the existing electricity grid, though a £195m upgrade will be needed.

Simon Pepper, director of the World Wildlife Fund Scotland, said: 'At last here it is in black and white: a renewable energy future for Scotland, confirming for all that the potential is there if we choose to make something of it. One of the greatest opportunities this highlights is the potential for job creation and investment in manufacturing and engineering. It could be an economic treasure chest for the people of Scotland.'

For the two Scottish Executive reports see www.scotland.gov.uk

But Blair still wants UK to keep nuclear power, according to the Independent on Sunday (16th December).

The paper reported that Tony Blair will order the Government to keep open the option of building a new generation of nuclear power stations, despite the recommendations of the PIU report. He and Energy minister Brian Wilson are determined not to close down nuclear energy in Britain, and will draw on passages in the PIU report that support this.

Environmentalists, citing selective leaks from the report, claimed last week that it condemned nuclear power, and would finish off the industry in Britain. In fact it is more balanced and says that "policy should keep the nuclear option open". But it recognises that, at present at least, nuclear power plants are likely to be too expensive to be built. The report has been the subject of a fierce battle behind the scenes between the pro-nuclear Mr Wilson, who chaired an advisory group of ministers, and critics Peter Hain, the Foreign Office minister, and Michael Meacher, the Environment minister.

It also appears to have been heavily modified by officials in its final stages, to soften its approach on nuclear power and to make its emphasis less green. Earlier drafts stressed that protecting the environment should be the overriding principle. But the report now suggests that "economic and social objectives" could be given equal weight. Nevertheless, the report emphasises the urgency of adopting "a radical agenda to enable the UK to put itself on the path to a low-carbon economy" – minimising the burning of fossil fuels which emit carbon dioxide, the main cause of global warming.

It pushes for a massive increase in electricity from renewable sources such as wind, sun and waves, saying that, as a target, these should provide a fifth of all power generated in Britain by the year 2020. This is lower than a 30 per cent target earlier considered by the unit, which reports to the Cabinet Office, but would still represent an eightfold increase over the proportion now generated in this way.

But it tacitly acknowledges that the Government has not made enough progress towards its present target of generating 10 per cent of energy from renewable sources by 2010. It makes recommendations on removing obstacles, including "the working of the planning system", which have held up progress. The report also calls for a "step change in the nation's energy efficiency". Energy conservation in homes should be increased by 40 per cent by 2020, "approximately double the existing rate of improvement". This in turn, would help combat fuel poverty.

When the review was set up under Mr Wilson's leadership, nuclear companies believed that its report would revive their fortunes. British Energy and British Nuclear Fuels, which run the UK's 15 nuclear power stations, have been pressing to build new reactors as the present ones close. The report takes an even-handed approach. It says new reactors should get the same incentives as other sources of power that do not emit carbon dioxide. But it also suggests that the industry should also meet the costs of waste disposal and reactor decommissioning – almost certain to make it uneconomic.

The report says that nuclear power is likely to be too costly for many years to come, and points out that no country has ever chosen to build reactors under free-market conditions. It calls for the development of cheaper reactors that produce less waste. The Prime Minister, however, is said to be committed to retaining nuclear power as an insurance policy against the threat of oil or gas imports being cut off in the future by wars in the Middle East. The PIU report says "Policy should keep the nuclear option open while ensuring that the energy system can respond flexibly to a new environment ... The Department of Trade and Industry should take the necessary action to keep open the nuclear option."

UK overhaul of major infrastructure decisions Environment Daily 1126, 18/12/01
A proposal to speed up decision-making for major infrastructure plans was announced yesterday by the UK government. It says that the draft rules would transform the existing "cumbersome" approvals process while
offering greater democratic accountability. The Confederation of British industry (CBI) welcomed the proposals, saying that they would make the country more competitive. However Friends of the Earth (FoE) was "appalled," complaining that the new rules would "limit citizens' right to object". See consultation paper
http://www.planning.dtlr.gov.uk/consult/majinfra/pdf/infostruc.pdf,
plus FoE press release http://www.foe.co.uk/pubsinfo/infoteam/pressrel/2001/20011217162640.html

Back in August (28th), Polly Toynbee, writing in the Guardian suggested some ways to frustrate Blair’s nuclear ambitions.

It is not easy to be good. It usually requires time, money, effort, patience, kindness or other qualities in sporadic supply. So here is a chance to be good at absolutely no cost to yourself in time or money - easy virtue just one quick phone call away. Greenpeace has joined up with npower to launch Juice, a new, green electricity supply that for the first time costs exactly the same as ordinary electricity supplies. Juice is building new wind power. Not only is the price for the first time competitive, but the more subscribers sign up, the more new wind power stations will be built by npower. (Other green suppliers use existing old hydro-electric stations, with no promise to build more.) The first new 30-turbine wind power station is planned for a site off the north Wales coast, providing electricity for the first 50,000 subscribers. It will be four miles offshore, inaudible and virtually invisible. Until it is built, subscribers will get green supplies from existing renewable sources. Once more than 50,000 sign up, another site will be developed, and so on. Phone 0800 316 2610 or click to www.npower.com/juice for instant connection - and instant moral satisfaction, with no cost and no sweat. (They do the change-over from your present supplier.)

2. Sellafield MOX Plant struggles onwards

As reported in Safe Energy 21 a legal challenge by Friends of the Earth forced the Government to release the economic analysis by consultants, Arthur D Little, for a 5th round of Public Consultation. That consultation ended on 24 August 2001.

In a joint Press Release dated 31st August, Friends of the Earth and Greenpeace said the report was fundamentally flawed. In a detailed critique of the ADL report the two environmental groups said ADL had failed to understand key aspects of the nuclear industry or to appreciate the conditions prevailing in the potential client countries that currently have plutonium stored at Sellafield.

Consequently, ADL's estimate that running SMP might net around £200M of revenue, is fundamentally flawed and cannot be relied upon by Ministers in deciding upon the SMP. Friends of the Earth and Greenpeace along with public interest groups in Japan and elsewhere are all calling on the Government to reject BNFL's application.

The specific failings of the ADL report include:

The failure to understand the situation in Japan where, because of strong adverse public and political opinion, there is an effective moratorium on signing MOX contracts and on loading MOX fuel into reactors. The 1999 Tokaimura accident in which two workers were killed; the 2000 scandal involving the falsification of BNFL safety data; and the May 2001 local referendum result against MOX in Kariwa have all influenced opinion increasingly against nuclear power in general and against MOX in particular. This situation is highly unlikely to change in the time frames suggested by ADL and may not change at all;

The failure to consider the additional costs of sea transport particularly in respect of Japan which represents a significant additional disincentive for potential customers; The failure to appreciate that MOX fuel is more expensive than conventional nuclear fuel (using just uranium) and is only being considered because BNFL and its clients need to find a use for the plutonium that accumulates at Sellafield as a result of reprocessing;

The failure to recognise that safer and less expensive alternatives for managing plutonium are available, in particular, immobilisation in glass or ceramic. Market pressures are in general already pushing nuclear generators away from reprocessing into the dry storage of spent nuclear fuel and in particular, for separated plutonium, towards immobilisation;

The apparent failure to apply the appropriate rates for the cost of capital and for discounting post-operational liabilities, the combined effect of which is to overvalue the plant's business case by an estimated £74million;

The failure to interview MOX specialists outside the nuclear industry, including the failure to respond to written questions and the failure to respond to earlier submissions.

The result is that, by only discussing MOX with its supporters, ADL's judgements about future business risks are grossly simplified and over optimistic; and finally, the failure to include "sunk costs" of £473M already spent on constructing and preparing SMP. This has the effect of skewing the 'justification' test required under law. Including "sunk costs"
clearly demonstrates that SMP will make a massive loss.

Taking all factors into account and using realistic assumptions about future risks, the re-evaluation of SMP's current net value is around zero. In other words, the revenue from a few small contracts might not even cover the costs of running and then dismantling a radioactively contaminated plant.

Mark Johnston, Energy Campaigner at Friends of the Earth said: "The ADL report has been a waste of money. It is misinformed and ill judged in so many areas that it couldn’t be used as the basis of an informed decision by Ministers in favour of SMP. We believe the only lawful course of action now available to the Government is to reject BNFL's application. To do otherwise would risk further legal challenges in the courts."

Pete Roche, Nuclear Campaigner at Greenpeace said: "Plutonium is a deadly fissile material that carries risks over time scales beyond our imagination. It's time the Government started acting responsibly by taking the steps that will minimise the huge risks and costs to society in the future."

The analysis was undertaken by Mike Sadnicki, a consultant in Operational Research and economic analysis. Mr Sadnicki is also a member of the UK Radioactive Waste Management Advisory Committee which advises the Government on nuclear issues. He was in this instance acting in a personal capacity. His report is available from FOE on request.

SMP Go-ahead delay


The Government was originally expected to give SMP the go-ahead on September 12th. It was rumoured that they hoped to bury the news on the day the Tory Party chose its new leader. Events in Washington and New York, however, delayed the announcement.

On 20 September, BBC On-Line reported that Security at SMP was to be reviewed.

“The security of a new nuclear recycling plant at Sellafield will be considered in the light of fears about international terrorism. Ministers want to learn more about the security implications of the mixed oxide fuel (Mox) plant in Cumbria following the terrorist attacks on America. But a Defra spokesman said that a decision on the plant's opening had not been held up by last week's events in New York and Washington. It had been anticipated that a decision might be taken this week on the controversial site. Concern has been raised about the possible risks associated with moving spent nuclear fuel, such as uranium and plutonium, from customers in Germany and Japan, and then in exporting the Mox fuel.

Dr Frank Barnaby, of the Oxford Research Group, told BBC Radio4's Today programme: "If they can organise to capture four commercial airlines and fly them into the World Trade Centre and the Pentagon, then they can certainly capture a ship on the high seas I would have thought. "And the concern is the plutonium is easily separated chemically from the uranium and that plutonium could then be used to make a nuclear explosion, a nuclear weapon. If you are producing and using Mox and exporting it then you are significantly increasing the risk of nuclear terrorism," he said.

BBC correspondent Tom Fielden said that defence experts had told him that the American terrorist attack had changed the nature of a likely risk. It was now not just merely a question of whether terrorists wanted to steal the nuclear fuel but whether they were prepared to die to blow it up, he said. But he added that the decision on whether to open the plant five years after it was completed also depended on whether it would be commercially viable. As soon as it was switched on it would be contaminated with nuclear materials and would incur the full cost of decommissioning if it were not to make a profit. A Defra spokesman told BBC News Online that there was no strict timetable for when a decision would be made on the opening of the new plant. "It is not true to say that the decision has been held up by last week's events," he said. "An assessment of terrorism will be included but a number of issues are being looked into," he said.

Nuclear plant gets go-ahead 3 October, 2001, BBC On-Line

Sellafield's new mixed oxide (mox) plant has been given the commercial go-ahead despite environmentalists' protests. They say the decision is unlawful and fear that the plant will become a target for terrorists. Environment Secretary Margaret Beckett's decision on the £460m fuel fabrication plant in Cumbria will secure its immediate future.

The nuclear industry believes that recycling the used fuel and turning it into mox can help reduce the world's growing stockpile of plutonium, one of the most toxic substances known to humankind. The plant was completed in 1996, but permission for commercial operation was withheld because of concerns over finances and data falsification.

But critics fear in the wake of the US atrocities terrorists may attempt to intercept or blow up shipments. They believe it would be safer to leave the plutonium in spent fuel and keep it in storage tanks, rather than transport it around the world with the potential for an accident.

But Norman Askew, chief executive of British Nuclear Fuels Limited (BNFL), the site's operators, expressed delighted at the announcement of the news which will be crucial to the future of the company.

The approval was announced on the Department for Environment, Food and Rural Affairs (Defra) website and confirmed by the Environment Secretary, Margaret Beckett, who is in Brighton for the Labour Party conference. Mrs Beckett said she and the Health Secretary Alan Milburn thought the manufacture of Mox fuel "is justified" in line with European Community law.

Mr Askew said: "I'm delighted for the people at BNFL who've put in a lot of work of the years to get us to this point, and I'm delighted for our customers," he told the BBC. "It's very good news for them because they've supported through this period and are ready to do business with us."

The green lobby argues that nuclear power has no future - it accuses Sellafield of polluting the Irish Sea - and that Mox creates new environmental and security risks. Friends of the Earth and Greenpeace slammed Wednesday's decision, claiming it was "unlawful". Greenpeace said it was dangerously irresponsible to launch an expansion of the international plutonium trade when the threat from terrorists was still unknown and out of control.

Charles Secrett, director of Friends of the Earth, said the decision beggared belief. "Yesterday Tony Blair talked of the need for international action to build a safer global community. Today his government does the reverse. This isn't joined-up government. It's unhinged government."

Green Party MEP Nuala Ahern from Leinster, Ireland, denounced the decision as "inviting terrorists to go nuclear. The centre of this insanity is Sellafield, from where hundreds of shipments of the deadly nuclear explosive plutonium are about to be sent thousands of miles across the high seas," she said. "We are now all in grave danger from radiological sabotage, or an attack on shipments from Sellafield. Producing mox at Sellafield will make the world a less safe place."
Mark Johnston, (now at Greenpeace) said "The government will have to defend this decision in the High Court"

Government in Court

The Government did indeed end up defending their decision in the High Court on 8th November. In a joint legal action by Greenpeace and Friends of the Earth to prevent the controversial new Sellafield plutonium plant from being opened, High Court Judge Mr Justice Collins judicially reviewed the Government's recent decision to allow BNFL to begin operation of the MOX fuel plant at Sellafield.


Lawyers representing Friends of the Earth and Greenpeace said that Government's decision is unlawful because state-owned BNFL cannot demonstrate an economic justification for the plant and there is insufficient evidence that potential customers, such as the Japanese, will materialise. Under EU law, the Government must be able to show - amongst other things - that the economic benefits of the plant outweigh the health and environmental detriments.

Greenpeace Executive Director Stephen Tindale said,

"The MOX plant is not only an environmental threat and a potential terrorist target but simply does not make business sense. Taxpayers will have to bear the brunt of any failure to secure customers for a nuclear fuel that is more expensive and dangerous to use than the alternatives. BNFL is already set to lose £260 million on the building costs of this
plant alone - to waste any more public money would be frankly obscene."

Executive Director of Friends of the Earth, Charles Secrett said

"The Government has fiddled the figures to try and justify giving the go-ahead to this nuclear monstrosity. The MOX plant doesn't make economic or environmental sense. It should be consigned to the dustbin of history where it belongs. Instead of putting its weight behind outdated and expensive technology, the Government should champion the
cause of safe, clean and green renewable energy."

The MOX plant, completed in 1996, is intended to turn plutonium and uranium into usable fuel for overseas nuclear reactors but has not begun operations. The commercial go-ahead for the plant was withheld following both financial concerns, and a scandal in 1999 in which BNFL workers falsified safety data for the new MOX fuel pellets. BNFL's reputation was damaged world-wide, especially in Japan which was about to load a trial batch of the fuel into a reactor. Japanese utilities have so far refused to sign any MOX contracts with BNFL.

An assessment conducted for the Government this spring by consultants prior to its decision to give the go-ahead forecast that the MOX plant would earn £200 million. However, Friends of the Earth and Greenpeace lawyers will argue that as the cost of building the plant was £470 million, this would mean an overall financial loss. In addition, this predicted £200m income relies on customers that do not exist. BNFL only has contracts for less than 10% of the business it hopes to attract and the company has also promoted contracts as 'firm' that are far from definite (2). The lack of any Japanese contracts is striking because BNFL's Executive Director Norman Askew said in an interview last year that "Without Japanese orders we cannot justify opening the MOX plant."

Beyond the legal issues raised in the judicial review proceedings, Greenpeace and Friends of the Earth also believe that the Government's decision is dangerously irresponsible and could put terrorists closer to obtaining nuclear materials. The MOX plant will produce fuel for export, which will mean that the material will have to be transported in ships or even planes to reach its final destination. Not only is there a risk of an accident, which would be devastating for many of the small island states en-route, who are heavily dependent on tourism, agriculture and fishing, but there are also concerns over attacks on shipments.

Plutonium, which makes up part of the MOX fuel is one of the most dangerous materials in the world. As little as 4kg is required to make a nuclear bomb. Far less is required to make a 'dirty bomb' – conventional explosive added to plutonium so it causes widespread contamination on detonation. Sellafield itself may also be a terrorist target because of the large quantities of plutonium stored there.

The BBC’s On-Line report (8th November) of the first day in the High Court quoted the Greenpeace and Friends of the Earth QC, Lord Lester, who said that "They seek to dilute the [economic] test into something rubbery and elusive which doesn't amount to an effective test at all”. Construction costs of £470m had been "disregarded" in assessing whether the scheme could be economically justified, Lord Lester QC argued. If they had been properly taken into account the scheme would show an overall financial loss. Lord Lester said the case was urgent because British Nuclear Fuels Ltd (BNFL) wished to take "irreversible implementation steps" for the MOX plant as early as 20 December this year.

Philip Sales, appearing for the secretaries of state for environment and health, said if the court ruled against the government, the mox scheme would have to be reconsidered.

Lord Lester said at the heart of the case was the EU Basic Safety Standards Directive. The directive imposes a duty on national governments to apply a test on all new types of exposure to ionising radiation. It rules they must be justified because their economic, social or other benefits outweighed the health detriments they might cause. If there was no "net benefit", then the radiation-producing practice was not to be adopted.

Government ministers were arguing that the scheme was justified because it would provide "significant economic benefits" and had a "net present value of £216 million". But the capital cost of building the mox plant, which amounted to £470 million in June this year, had been disregarded, even though the cost was plainly relevant to assessing the benefits.

Lord Lester argued the point "matters enormously". The "net benefit" claimed by the government for mox would "disappear" if the £470 million were included. Overall, the costs outweighed the benefit "very substantially". The mox plant, which turns "spent" plutonium and uranium into usable fuel, was completed by Sellafield's owners BNFL in 1996.

High Court Ruling

Justice Collins ruled on 15th November that the Government's recent decision to give British Nuclear Fuels Ltd the go-ahead for the MOX plant at Sellafield was not unlawful under European law. In a controversial judgment, Mr Justice Collins ruled that the costs of setting up a new nuclear plant should not be weighed in the balance of economic costs and benefits when deciding whether any nuclear practice is economically justified. Greenpeace and Friends of the Earth will consider whether to appeal Mr Justice Collins' decision.

The controversial MOX plant is still the subject of three further legal challenges; two separate actions have been brought by the Irish Government arguing, under one of them, that the MOX plant will break international laws on sea pollution; a third action has been brought by Irish MEP, Nuala Ahern. One of Ireland's challenges will be heard before a tribunal of 21 judges in Hamburg next week. Norway is also said to be considering legal action.

Charles Secrett, Executive Director of Friends of the Earth said, "Today's judgment allows the Government to ignore plant construction costs when deciding whether a nuclear project is justified. In this land of fantasy economics the Government can fiddle the figures until it gets the result it wants. Despite this bitter blow the campaign against MOX continues. We owe it to ourselves and future generations to do what we can to stop this nuclear madness from proceeding."


Stephen Tindale, Executive Director of Greenpeace UK said, "While today's decision is disappointing, our fight to stop the MOX plant from opening is not over. BNFL's order book is virtually empty; the plant poses a substantial risk as a terrorist target and producer of bomb-making materials, and faces three more legal challenges. Tony Blair was right when he highlighted the threats from international terrorism and nuclear proliferation in his speech to the Labour Party Conference. It's time his actions matched his words and his Government stopped allowing activities that will arm the terrorists of tomorrow."

Appeal


Green groups renew bid to stop UK nuke fuel plant (Reuters) November 28, 2001

LONDON - Two top environmental groups have renewed a legal bid to stop Britain opening a controversial 472 million pound ($665.2 million) nuclear fuel manufacturing plant. Today's bid comes a week after Ireland argued for a United Nations tribunal to issue injunctions to prevent the start of operations at the mixed oxide (MOX) fuel plant at Sellafield and to stop ships transporting nuclear material to and from it. Just 12 days after their initial efforts were defeated in London's High Court, Friends of the Earth and Greenpeace have gone to the Court of Appeal where they are asking for the decision to be overturned. The swift move to an appeal hearing is in response to plans by state-owned British Nuclear Fuels, the site's operator, to start up the plant next month.

Earlier this month the groups challenged Britain's decision to approve the start-up of operations at the plant, arguing it was unlawful because significant economic justification for the plant, as required by EU law, was not evident. They said the government could not demonstrate an economic justification because the construction cost of the Sellafield MOX Plant (SMP) was not taken into account by a government-commissioned study which said the plant would deliver net financial benefits of 216 million pounds ($311 million).

A British judge ruled the government had acted within the law when granting start-up approval earlier this year. Now the groups are asking the Court of Appeal to rule that Britain was wrong to approve the production of the MOX fuel.

The High Court judge in the decision under challenge said manufacture of MOX by BNFL at Sellafield was "the only feasible option now and in the foreseeable future," adding that the cost of setting up such a plant could not be set against the economic benefits.

BNFL has said it aims to get the plant operational in late December, pending a decision by the U.N. body and the outcome of an appeal lauched by the green groups.

Appeal Result

The result of the Greenpeace and Friends of the Earth Appeal was a partial victory. What it doesn't say in the FT piece below is that the Court said it was a very important case of exceptional public interest especially re public health. Hence they refused to give the Government or BNFL their costs (which is very good news for the NGOs), although they still have to pay the Government's costs for the first Court Case - but BNFL won't get a penny.

Environmentalists lose appeal against opening of Mox plant By Matthew Jones
Financial Times December 7 2001

Environmentalists on Friday lost their appeal against the opening of a controversial nuclear fuel recycling plant in Cumbria, northwest England. Friends of the Earth and Greenpeace had urged the English Court of Appeal to overturn a High Court ruling last month that UK ministers had made "no error in law" in approving the Sellafield Mox Plant, which combines reprocessed plutonium with uranium. But Lords Justices Simon Brown, Waller and Dyson unanimously rejected the appeal at a hearing in London, saying the government was "entitled to decide these cases in the real world".

British Nuclear Fuels, which owns the Mox plant, said it was delighted with the verdict. "This supports our position that the plant is viable and means we can now get on with the job of commissioning it later this month," said an official. Greenpeace and Friends of the Earth argued that ministers took a distorted view of the economics of the plant by writing off its £470m ($671.5m) build cost. Under European Union law the economic, social and other benefits of new atomic investments have to be demonstrated before they can be given the go-ahead.

The groups claimed a partial victory because future nuclear projects in Britain will have to take account of the construction and other capital costs before they are approved. "The capital costs inherent in a new type of practice...are indeed a cost of the practice and relevant, therefore, when evaluating the overall economic benefit,” said Lord Justice Simon Brown.

Ireland is separately arguing in two international legal actions that the plant could pollute the Irish Sea and that the risk of a terrorist attack on the plant or shipment of Mox from it presents an unacceptable risk to the environment. Dublin earlier this week warned that relations between Ireland and Britain could sour after it failed to win an injunction preventing BNFL from commissioning the plant on December 20. Its legal actions, under United Nations maritime law and through the Ospar Convention, which is designed to protect marine life in the northeast Atlantic, could still succeed in closing the plant down once commissioning has begun.

Joe Jacob, Irish minister responsible for nuclear safety, also said on Monday he was considering a challenge before the European Court of Justice on the UK's decision that the plant is economically justified. Decommissioning costs for the plant would be millions of pounds higher if it had to be closed after plutonium had been introduced to it.

Irish Anger

Ireland also asked the International Law of the Sea Tribunal in Hamburg to order an immediate suspension of the plant's authorisation and international transports pending the Tribunal's decision. Norway is considering legal action. Norway already suffers radioactive pollution of its fish shellfish and lobsters. Both countries are also concerned about any potential terrorist threat. See www.itlos.org

Irish Times, Saturday, November 10, 2001 Government applies for Sellafield injunction
By Christine Newman and Rachel Donnelly
The (Irish) Government has filed an application with an international tribunal for an injunction to stop the operation of the MOX plant at Sellafield. At the International Tribunal for the Law of the Sea, which sits in Hamburg, Government lawyers also applied to stop international movements in and around the Irish Sea of radioactive materials associated with the operation of the MOX (mixed oxide) nuclear plant. The Government is claiming the UK violated the 1982 UN Convention on the Law of the Sea.

In a statement yesterday, Mr Joe Jacob, the Minister with responsibility for nuclear safety, said the action followed the unwillingness of the UK to suspend the authorisation of the MOX plant, as Ireland had requested when it initiated these international legal proceedings on October 25th.

It was expected BNFL would start operations at the plant around December 20th. The 21 judges of the tribunal can order a binding injunction to prevent the start-up of the plant. The tribunal will now decide on the procedure and timetable to be followed.

Mr Jacob said it was likely there would be oral hearings in Hamburg, but these were not expected to open before November 19th. Mr Jacob said that with its request for provisional measures, Ireland had designated ambassador Alberto Szekely as ad-hoc judge at the tribunal. Ambassador Szekely was a Mexican national who participated in the negotiations of the 1982 UN convention and was a former member of the UN International Law Commission, the Minister said.

In the Hamburg courtroom on 20th November, according to the Irish Independent, Britain's attorney general, Lord Goldsmith, led a hard-hitting defence of his government that made no concessions whatsoever to Irish fears over the plant's operations. Lord Goldsmith and his legal team poured scorn on the Irish allegation that the Court of Sea was entitled to hear the case, arguing it fell outside its jurisdiction. Britain further alleged that the oral presentation from the attorney general, Michael McDowell, and his team of Irish, British and Indian lawyers and academics had failed to prove that their concerns were linked to the MOX plant and not the existing Thorpe reprocessing centre. "This is part of the wider war against Sellafield," Lord Goldsmith told the court. "Ireland has a long-standing objection to existing nuclear energy operations." He warned that any delay in the start up of the MOX operations could cost thousands of jobs and would result in economic losses running to hundreds of millions of pounds. His team also hotly disputed Irish statistics about the maritime damage from radioactive discharges insisting that these would be "infinitesimal".

In the closing comments, the Irish team, led by Eoghan Fitzsimons, urged the court to ignore British legal arguments which they claimed were largely irrelevant. The action was not just about human health but the broader maritime impact for the Irish Sea, which is the most radioactive in the world, Mr Fitzsimons said. Quoting a British House of Commons Select Committee report from 1985, he said that back then a quarter of a tonne of highly radioactive plutonium had been dumped in the Irish Sea. "How much more has gone into the sea since 1985?" he asked. At the heart of the justification for the plant was the profit motive, Mr Fitzsimons said. "British Nuclear Fuels consider they will make a lot of money from the MOX plant, and we submit this fully vindicates Ireland's case," he said. His legal team also urged the court to adjudge that since the case was based on the environmental impact of MOX and the subsequent increase in radioactive discharges from the connected Thorpe reprocessing plant, it was therefore under its jurisdiction. They warned that once a canister of spent nuclear fuel is opened at the MOX plant, as planned, the environmental fall-out will be irreversible. "Some of the discharges will reach Ireland and to all intents and purposes will stay there forever," said Prof Philippe Sands for the Irish case.

If it endorses the Irish claim, the Court would then establish a three-person tribunal, including an Irish-British representative that would hear the detailed case against MOX. For now, it must decide if the Irish allegations can justify an injunction that Britain warns will cost hundreds of millions of pounds and many jobs.


Ireland's plea to Blair: shut Sellafield. Sunday Herald (Glasgow) 25th November 2001

By James Hamilton

The Irish government yesterday intensified its bid to halt the opening of the new mixed oxide (Mox) fuel nuclear waste plant at Sellafield. A full-page advertisement in The Times demanding that the facility at the Cumbrian complex should be abandoned, was signed by every member of the parliamentary party and endorsed in a statement by Taoiseach Bertie Ahern. The Irish government confirmed this month that action would be taken at the European Court of Justice in a bid to force the cancellation of the Mox project, and earlier this week spelt out their opposition at a session in Hamburg of the UN Law of the Sea conference. Dublin has been consistently opposed to all activity at Sellafield for a number of years, and has under taken a number of legal efforts to force its closure. The question is certain to feature prominently again at the end of this week, when Blair visits Dublin for a meeting of the British-Irish Council, which emerged from the 1998 Good Friday Agreement. Irish concerns centre on the threat of radioactive pollution in the Irish Sea and more recently have focused on the prospect of a terrorist threat to the Cumbrian installation, which is located 60 miles from Dublin, and the possible fall-out effects for Ireland.

The advertisement spells out Dublin's opposition under the headings 'Shut Sellafield! Sellafield poses an unacceptable and unnecessary risk to our environment.' Ahern said the move had been made because his party, Fianna Fail, wanted to put the case against Sellafield to the British people directly. 'My party is the largest in Ireland, and we want to bring home to people in Britain how strongly we in Ireland feel about the danger posed to the population of these islands by the current operations at Sellafield and in particular by the proposed new Mox operation. 'The safety of our people and the environment is being needlessly put at risk. British Nuclear Fuel's safety record through the decades is appalling and has been severely censured on several occasions by the British authorities.'

A BNFL spokesman said it would be inappropriate to comment, saying it was 'an issue for the two governments'.


UN court rejects Irish plea to stop UK N-plant, Reuters, December 4, 2001

HAMBURG - A United Nations Court yesterday refused Ireland's request for an injunction to halt the start up of a £472 million nuclear fuel manufacturing plant at Sellafield on the northwest England coast. The Hamburg-based International Tribunal for the Law of the Sea ordered the British and Irish governments to cooperate and exchange further information about risks to safety and pollution that would result from starting up state-owned British Nuclear Fuels' (BNFL) MOX plant in Cumbria on the Irish Sea. "The court was disturbed by the lack of cooperation between the two countries. Our aim was to force them to cooperate," Judge Rudiger Wolfrum told reporters after the hearing.

Ireland sought the injunction because it said it was worried about radioactive discharges from the plant which is set to begin operating on December 20. But the court was not convinced. "In the circumstances of this case the tribunal found that the urgency of the situation did not require the prescription of the provisional measures (injunction) as requested by Ireland," the ruling said.

Ireland said it was pleased the tribunal recognised Britain had an obligation to "prevent pollution of the marine environment which might result from the operation of the MOX plant," Joe Jacob the Irish minister with responsibility for nuclear safety said in a statement. The court ordered the two countries to submit written reports to the Tribunal by December 17, 2001. Judge Rudiger Wolfrum said the December 17 date had been chosen deliberately so as to give Ireland a right of consultation about the MOX plant before it becomes operational. Asked whether BNFL would be allowed to start making MOX fuel, a mixture of uranium oxides and plutonium, after December 17, Wolfrum said: "We have not forbidden it."

Jacobs said he wants Britain to delay commissioning the plant until an agreement has been reached on preventing pollution. Once Britain and Ireland have submitted their reports there will be informal discussions between the court, Ireland and Britain, but no more hearings. Jacobs said the Irish complaint is likely to go forward to the OSPAR tribunal which rules on the OSPAR convention on maritime issues in the north west Atlantic. The minister said it was possible Ireland might challenge at the European Court of Justice Britain's decision of October 3 allowing MOX to start up.

Setback in Sellafield court battle by Conor Sweeney in Brussels, Irish Independent 4th December.

IRELAND'S attempt to halt the start of operations at the new Mox plant at Sellafield was dismissed yesterday by an international court. In a judgment that will please neither side, the court left open the door for a possible last-minute appeal by Ireland, just days before radioactive canisters are due to be opened at the new facility. The lengthy verdict, delivered in Hamburg, the home of the International Tribunal for the Law of the Sea, found against the Irish legal team, after considering the arguments for the past two weeks. Crucially though, it called on both countries to submit further information within two weeks and ignored British allegations that the case was outside its jurisdiction. Such a legal interpretation will encourage further cases from either Ireland or other countries affected by nuclear power and reprocessing plants.

"In the circumstances of this case, the tribunal does not find that the urgency of the situation requires the prescription of the provisional measures requested by Ireland," stated the international court, presided by Judge P Chandrasekhara Rao. The Hamburg-based Court is a UN body that governs international maritime law.

Led by Attorney General Michael McDowell, the Irish case rested on the "irreversible" consequences of the Mox plant being declared operational around December 20.

However, the 21 judges unanimously felt that although the Irish arguments raised many concerns, it did not justify the injunction sought. They believe that since Britain has given assurances that no transportation will take from Sellafield until next October, the injunction would have been premature. Instead, a special court-appointed panel will tease out the issues next year.

For the first time however, the court formally recognised Ireland's rights to consultation on the impact of the new Mox plant, which is due to convert reprocessed nuclear waste from the adjoining Thorp facility into nuclear fuel.

"Prudence and caution require that Ireland and the United Kingdom cooperate in exchanging information concerning risks or effects of the operation of the Mox plant," states the judgment. In their findings, the judges also referred to British claims that there will be no increase in the transport of nuclear materials to the massive BNFL complex at Sellafield.

They also accepted the British claim that in fact, very little additional radioactive material would be released into the maritime environment as a result of the new plant.

However, the court's president made it clear that if he was not satisfied with the detailed additional information he requested from both sides by December 17, he was empowered to seek further details. The court also dismissed a British demand that Ireland meet all legal costs. The Hamburg case represents just one prong of the Government's legal battle with London. A further action is being heard by the North Atlantic maritime organisation, OSPAR, while a case may be launched soon in the European Court of Justice in Luxembourg.


3. Post-September 11th

Deadly terror of A-plant jet raid War on terrorism - Observer by Robin McKie and Oliver Morgan Sunday September 23, 2001

Anti-aircraft batteries should be built at the Sellafield nuclear processing plant as a matter of extreme urgency, the author of a secret EU report on nuclear safety warned last week. The rupturing of the atom plant's tanks of lethally radioactive waste would cause more carnage than any other single act of terrorism could inflict on this country. Last week both main plants at the Cumbrian site were shut down after volumes of nuclear waste reached unacceptably high levels.

The Sellafield tanks could spray up to two tonnes of deadly caesium-137 into the atmosphere if struck by a hijacked jumbo jet, states the report by Wise-Paris - the World Information Service on Energy. This compares with the 50lb of caesium released during the Chernobyl reactor blast in 1986. A successful attack on Sellafield could lead to the deaths of hundreds of thousands of people and leave large areas of Britain uninhabitable for decades.

The director of Wise-Paris, Mycle Schneider, one of the report's authors, said: 'After what happened on 11 September, we know what terrorists are capable of. It is a question of calculating what the impact will be.'

Sellafield's owners, British Nuclear Fuels, stressed that their buildings were capable of surviving a plane crash, but a source said: 'The plants are designed to withstand collisions with light aircraft or military planes, but not a commercial jet loaded with aviation fuel. The consequences could be unthinkable.'

4. More Sellafield News and Comment

Sellafield shuts plants as N-waste builds up Paul Brown, September 22, 2001 The Guardian

Both giant nuclear fuel reprocessing plants at Sellafield in Cumbria, which employ more than 4,000 people, were shut down yesterday after it became clear that volumes of high level nuclear waste were reaching unacceptable levels.

Government regulators, the Nuclear Installations Inspectorate, have been critical of state-owned British Nuclear Fuels for its failure to deal with heat producing waste, the most dangerous material stored at the plant. Earlier this week, Sellafield was identified as a potential terrorist target following the attack on New York. Despite many attempts to reduce the amount of liquid waste, the plant which turns the waste into more manageable glass blocks, has broken down repeatedly. It has been out of operation most of this year. None of the three production lines in this vitrification plant are currently working and the amount of waste is rising, instead of falling as the regulators have demanded.

The two reprocessing works deal with spent fuel from Britain’s nuclear reactors and from customers in Japan, Germany, Switzerland, Sweden, Spain and Italy. Staff will not be laid off, but halting production will seriously damage the profitability of the company.

Foreign customers are already angry at Sellafield's failure to deal with their contracts in time. This has caused a 10% increase in costs, running into many millions of pounds, which is passed on to BNFL customers. The company was warned again in August that unless it reduced the amount of waste in holding tanks - currently more than 1,550 cubic metres- by 35 cubic metres for the next 14 years the NII would close the plant. This year the amount of waste held has already increased by more than 100 cubic metres. Yesterday, the company said it had closed both reprocessing plants for maintenance. Reopening of the two plants, which are the main money spinner for BNFL, depends on getting the vitrification plant running properly, something it has not achieved since it opened 11 years ago.

It has only achieved 34% of potential production in a decade, leading to such a build-up of dangerous wastes that the Irish government has protested to Britain about the threat to its citizens posed by the highly volatile liquid.

Yesterday, a spokesman for BNFL said the company hoped to have two of the three vitrification lines open next month and the third is due to be commissioned by the end of the year.

Martin Forwood, from Cumbrians Opposed to Radioactive Environment, said: "It is clear BNFL have jumped before they were pushed and shut the plants down rather than face legal sanction. The company is already years behind on its production schedules and has some very angry customers. This will make matters worse."

The fallout Guardian Environment Section. Wednesday September 26, 2001

With Sellafield seen as a potential terrorist target, the new government report on how to manage Britain's nuclear waste becomes more urgent. Paul Brown on the implications for the industry

The stocks of plutonium and uranium in the UK, mostly kept under guard at Sellafield, are no longer the valued national asset we have always been led to believe. They will not keep the lights on for a century or two, but are a liability which will cost the taxpayer billions. These facts are buried deep in the long-awaited document Managing Radioactive Waste Safely, which the government slipped out the day after New York was hit by terrorists. The document had been held up more than a year while the Department of Trade and Industry (DTI) and the old Department of Environment squabbled over whether to finally admit that plutonium, once regarded as the world's most valuable substance, was really a nuclear waste. The issue was fudged because ministers could not agree on this fateful step, but the facts in the document speak for themselves. Britain's 61.5 tonnes of plutonium is decaying and becoming more dangerous and will cost billions to process in a safe form for disposal.

British Nuclear Fuels (BNFL), the government-owned company that runs the Sellafield complex in Cumbria and guards the stockpile, still claims that the plutonium and 60,000 tonnes of uranium is an energy resource that could be used for fuel in nuclear reactors.

After 50 years, the fact that the DTI still encourages BNFL to propagate the pipe dream that plutonium is untapped energy is a reminder that the same industry claimed nuclear power would produce electricity too cheap to meter. No government has ever been willing to stand up to the nuclear industry and spell out the facts. But the new document is much more revealing. It says that there is so much plutonium and uranium in store that not enough reactors could be safely or economically adapted to burn it, even if it was the wish of the reactor owners to do so. It adds that 90% of the plutonium and uranium stockpile is useless, and that it would be folly to add to the problem by continuing to produce more. Despite this, BNFL continues to do exactly that. The problem for ministers is that, if they admit this is true, the whole economics of the nuclear industry and the way it operates will have to change. Admitting that plutonium and uranium are a liability makes BNFL bankrupt. It would also cause the closure of the prestige Thorp reprocessing works at Sellafield which employs 2,600 people.

This conclusion is bad enough for the government in financial terms, but the politics are tricky too. The renewed interest by ministers in promoting more nuclear power does not sit well with these facts. It would confirm that Britain's energy policy is still anchored in the thinking of the mid-20th century, when we were intent on building more and more power stations without any thought for the future. In those days, it was justified by the need for an independent nuclear weapon. Now the justification is that nuclear power does not produce greenhouse gas emissions, and we need security of energy supply, which does not force us to depend on unreliable gas pipelines operated by foreigners.

According to the document, 90% of the plutonium stored at Sellafield comes from the old Magnox reactors. Since the plutonium was no longer needed for new bombs, it was diverted to be used in a civil fast breeder reactor programme. These burn plutonium fuel and, in theory, produce oodles of electricity. But fast breeders have long been abandoned on cost and safety grounds. The only remaining use for the plutonium is to mix it with uranium and burn it in conventional reactors. But this is more costly than conventional uranium fuel derived from ore and has been rejected for use in Britain as uneconomic by both BNFL and British Energy (BE) - the privatised arm of the nuclear industry - for their own UK reactors.

The only alternative is to export the British plutonium to other countries in the form of this mixed fuel, known as MOX. But even before the terrorist attack on New York, moving it around would be a hard trade to negotiate in an unsafe world. Just as disturbing, the document reveals that, even if there were a market, there are additional technical difficulties. The natural decay of plutonium into a more radioactive substance called americium-241 means that it would need cleaning up before it could be used. The document says that one-third of the stockpile is already unusable because of this. Another 10% is contaminated by chemicals and, additionally, would have to be cleaned up. Yet ministers hesitate to declare plutonium a waste, because it would cause a critical financial problem. The report says "it would have significant financial implications for the owners of the plutonium. The liability would fall on the taxpayer." Accurate costings are not available, the document says, but "are likely to be of the order of billions of pounds". And that is only for one-third of the plutonium. The cost implications of dealing with the rest of it and 60,000 tonnes of surplus uranium do not rate a mention.

One of the problems the government admits to is that, in order to immobilise the plutonium to avoid it being used for nuclear bombs, it would have to be mixed with other dangerous wastes. Making the plutonium very difficult to handle would have a deterrent effect. This cocktail would then be placed in glass blocks for storage and eventual disposal. This glass-block process is currently used at Sellafield to deal with high-level wastes from reprocessing spent fuel, but is currently not working because of technical problems. This causes a backlog of waste from normal operations. It would have to be entirely revamped to take in the extra plutonium.

Despite this avalanche of facts, the document reaches no conclusions, merely asking for public comment, which will be followed by consultation on a timetable which runs to 2007. Successive governments have sought to avoid making tough decisions about the nuclear industry, but the signs are that New Labour will not get away with it this time. While BNFL insists that plutonium and uranium are a potential asset, BE takes a different view. BE runs the eight newer, advanced gas cooled reactors and the single pressurised water reactor Sizewell B, and is struggling to make a profit in a competitive electricity market. The company was signed up to have its fuel reprocessed at Sellafield years before it was privatised. Now BE is paying for it, because reprocessing is far more expensive than the alternative of storing fuel. The company is squealing because it is no longer a subsidised public utility and could go bust.

It comments to the review that if plutonium was declared a waste "it would be nonsensical for BE to continue with reprocessing and creation of further liability". The costs imposed by BNFL on BE are squeezing the company and its shareholders hard. BE is already lobbying ministers because of the financial problems this is causing. Meanwhile, at Sellafield, costs continue to rise as both reprocessing works and management of waste streams fail to meet production targets. The fact that BNFL's nuclear liabilities far exceed its assets cannot be hidden from the public forever. Soon these nuclear myths will be exploded.

5. Magnox Reactors.

31 August 2001 Environment Agency publishes proposed decision on Magnox waste
disposal.

The Environment Agency has published its recommendations and proposed decisions on BNFL's applications to dispose of radioactive waste from eight Magnox nuclear power stations in England and Wales and the research and technology facility at Berkeley Centre. This follows a major public consultation carried out by the Agency. Environment Agency Chief Executive, Barbara Young, and Agency Chairman, Sir John Harman sent the Proposed Decision Document, containing the Agency's recommendations and proposed decisions, to the Secretary of State for Environment, Food and Rural Affairs, Margaret Beckett, to the Secretary of State for Health, Alan Milburn, and to the Environment Minister of the National Assembly for Wales, Sue Essex. This will enable the Ministers to decide whether they wish to exercise their powers under the Radioactive Substances Act 1993 to issue Directions to the Agency or to hold a public inquiry.


The Proposed Decision Document provides the Agency's response to the issues raised by the consultation and explains how it reached its recommendations and proposed decisions. The document includes recommendations to Government on the justification of continued operation/decommissioning (as appropriate) of the power stations and Berkeley Centre. It also includes the authorisations the Agency proposes to issue to BNFL and which it claims will: result in a significant improvement in regulatory control with the introduction of a single integrated authorisation for each site which includes new conditions on management competence and supervision, reduce forty-five out of fifty-eight existing limits on discharges, leaving eleven as at present and increasing two, contribute to the implementation of Government policy on the disposal of radioactive waste, and set out improvement programmes requiring BNFL to explore the scope for future reductions in discharges. Commenting on the decision, Environment Agency Chief Executive Barbara Young said: "I am confident that our proposed authorisations will properly protect the public and the environment. The new approach, involving a single integrated authorisation for each site, applies the Agency's latest regulatory thinking. It will facilitate closer regulatory scrutiny of BNFL's management competence and supervision, will put increased pressure on the company to reduce emissions and will ensure that best practice is applied at every site." The eight Magnox nuclear power stations which, together with the research and technology facility at Berkeley Centre, form the subject of the Agency's

Five of these power stations (Bradwell, Dungeness A, Oldbury, Sizewell A and Wylfa) are operating, two (Berkeley and Trawsfynydd) are decommissioning and one (Hinkley Point A) is defuelling prior to decommissioning.


For each site, the Agency has considered whether current operations at the site are justified. This involves considering whether the benefits of current operations outweigh the detriments. In each case the Agency has concluded that current operations are justified and has made recommendations accordingly. For each site, the Agency has considered whether an authorisation should be granted to BNFL. In each case, it is satisfied that an authorisation should be granted to the company. Currently, there are several separate authorisations for each Magnox site, with one for each type of waste and disposal route. The draft authorisations on which the Agency consulted were prepared in a new, integrated form, so that all permitted means of radioactive waste disposal for a given site would be regulated through a single authorisation. This is consistent with the Agency's holistic approach to the environment. The authorisations that the Agency now proposes to issue to BNFL are based on these draft authorisations. Since the consultation, the new integrated authorisation has been developed further by the Agency, taking into account consultation responses.

Although the Agency proposes to decrease most discharge limits, in two cases it proposes an increase, one case being at Oldbury and the other at Sizewell A. In each case, there is a net reduction in the Agency's assessment of overall radiation dose to the most exposed members of the public because of proposed reductions in several other limits. The proposed authorisation for each site includes a new condition on management competence and supervision, which will facilitate closer regulatory scrutiny of these aspects. The full EA document is available on the Agency's web site: http://www.environment-agency.gov.uk

6. Nuclear Waste Management Consultation.

DEFRA PRESS RELEASE 12 September 2001 GOVERNMENT LOOKS FOR PUBLIC CONSENSUS ON MANAGING RADIOACTIVE WASTE

More than 10,000 tonnes of radioactive waste are currently stored in the United Kingdom, pending a decision on their long-term future. Even if no new nuclear plants are built, and reprocessing of spent fuel ends when existing plants reach the end of their working lives, another 500,000 tonnes of waste will arise during their clean-up over the coming century. Some of the substances produced will be radioactive and potentially harmful for hundreds of thousands of years.

To help stimulate thorough public debate on the options for managing the UK's radioactive waste, Environment Minister Michael Meacher today published a paper inviting comments on a number of issues. These include whether any or all of the nation's plutonium should be regarded as a waste product and therefore be included in the management strategy.

The Government's advice from its Radioactive Waste Management Advisory Committee (RWMAC) on managing radioactive waste was also published today.

Involving as many people as possible in the debate on how radioactive waste should be managed over the coming centuries will be key to getting the right decision for this and future generations. Support for future policy can only be achieved through thorough public debate, Michael Meacher said, as he announced plans for wide-ranging and comprehensive consultation.

Managing Radioactive Waste Safely sets out proposals from the Government and the Devolved Administrations on how best to initiate a UK-wide debate on future radioactive waste management policy.

Through opinion polls, the internet, workshops, citizens' juries, consensus conferences, stakeholder dialogues, local authority and community groups and research panels, hundreds of thousands of the UK's population could give their views on managing radioactive waste over the coming centuries.

To ensure that all the information provided is accurate, objective and complete, the Government and Devolved Administrations propose setting up an independent advisory body. This would advise on what information there is, what more is needed, and when enough has been gathered and analysed to decide how radioactive waste should be managed. It will help seek the public's views, for example, on whether waste should be put in an underground repository; or be stored until more is known about its risks and better ways of dealing with it or whether indeed there are other options. Only then can the debate start on where in the UK we should keep this waste in the long term.

Mr Meacher said:

"Protecting the public, workers and the environment now and in the future is the top priority for the Government and Devolved Administrations. Any decisions made on managing radioactive waste cannot and must not be rushed. The legacy of a wrong decision could be catastrophic. The solution we find must protect not only our own future, but that of generations to come. That solution may take many decades to implement. We need to start the national debate today".

The paper sets out a five stage proposed programme of action for taking decisions:

Stage one
This six month consultation about the proposed programme; considering responses; planning the next stage 2001-2002

Stage two
Research and public debate, to examine the different waste management options and recommend the best option 2002-004

Stage three
Further consultation seeking public views on the proposed option 2005

Stage four
Announcement on the chosen option, seeking public views on how this should be implemented 2006

Stage five
Legislation, if needed 2007

The shape and speed of the programme may change to reflect future developments, including public responses to today's consultation paper. Although the Government would like to press ahead as quickly as possible, it is determined to ensure that the overall strategy wins public confidence.

Notes for Editors

1. Media copies of Managing Radioactive Waste Safely – proposals for developing a policy for managing solid radioactive waste in the UK are available from DEFRA Press Office. Other copies are available on the DEFRA website:
http://www.defra.gov.uk/environment/index.htm
Hard copies are available from:
Claire Herdman, Department for the Environment, Food and Rural Affairs, 4/F7 Ashdown House, 123 Victoria Street
London SW1E 6DE

2. An on-line debate is also being held on the subject. To join in, anyone can visit www.ukonline.gov.uk/online/ukonline/home

3. In this paper the Government and the Devolved Administrations are launching a national debate which will lead over a period of years to a decision on the management of low, intermediate and high-level radioactive wastes. The aim is to encourage a debate via traditional and new techniques so as to inspire public confidence in the decisions and the way in which they are implemented. The period of consultation on this first phase will be six months long.

4. The Radioactive Waste Advisory Committee (RWMAC) today publishes its advice to Government on the way in which it believes future policy for the long-term management of the UK's solid radioactive waste should be decided. RWMAC is suggesting a fresh approach, one that is based on fundamental principles of openness, accessible decision-making and fairness. RWMAC is keen that for the first time, all the practicable solutions need to be evaluated on, as far
as possible, a common bases, both openly and transparently, to decide what is best. The Committee has advised Government on the form of process that it believes needs to be gone through to arrive at a decision. The committee is also suggesting that the process is overseen by an independent or, at least, balanced interest body that is widely perceived as being capable of representing the broader public interest.

5. The Government has also commissioned Wilkinson Environmental Consulting to carry out a review of information needs in relation to options for managing radioactive waste. This will help to inform the national debate and research programme. The project will be completed next year.

Nuclear waste plan is still five years off By Charles Clover, Daily Telegraph, 13 September 2001

AFTER four years without any plans for dealing with the nuclear industry's 50-year legacy of radioactive waste, the Government yesterday unveiled a strategy unlikely to produce a result before the next election.

Michael Meacher, Environment Minister, said the programme of public consultation and research into burial - with or without the possibility of retrieval - or above-ground dry storage would culminate in 2005 with a series of options for public consultation and an announcement of the result in 2006. He said that the Government was "starting from scratch" following the cancellation by the last government of plans to build an experimental disposal shaft near Sellafield, which was hotly opposed by Cumbria county council.

Mr Meacher said a decision about the disposal of 500,000 tons of nuclear waste that the industry will produce over this century, even if there are no nuclear power stations, "must not be rushed and may take decades to implement". Among the options that have been rejected at the outset as too dangerous is firing waste into space aboard missiles. Mr Meacher issued assurances that the Government had at present no preferred option or preferred site for a nuclear waste dump. "There is no site on the radar screen at the moment. I want a national debate. I don't want people ever to wake up and find out there is to be a nuclear storage facility near them. Today the news is full of horrendous events that people will be discussing for a very long time. I want to say that this too is an issue which affects the public, their children and their children's children."

7. Liabilities Management Authority

BNFL break-up paves way for part privatisation of nuclear group, Michael Harrison, INDEPENDENT. 29 November 2001

The Government signalled the break-up of British Nuclear Fuels last night as it announced the creation of an agency to take responsibility for Britain's £40bn in civil nuclear liabilities. The move paves the way for the part-privatisation of BNFL, shorn of its Sellafield reprocessing complex in Cumbria and the controversial mixed oxide fuel (Mox) plant. But environmental campaigners said the announcement amounted to a U-turn over the future of BNFL, which needed billions of taxpayers' money to bail it out.

Patricia Hewitt, the Secretary of State for Trade and Industry, told the Commons that all BNFL's nuclear liabilities, estimated at some £24bn, would be transferred to a Liabilities Management Agency along with the Thorp and Mox facilities at Sellafield, its 11 Magnox nuclear reactors and a uranium enrichment facility at Capenhurst, near Chester. The move to free BNFL of Sellafield followed a review of the company's liabilities that calculated they had risen by £1.9bn, giving BNFL a net asset deficit of £1.7bn and rendering it technically bankrupt. Ms Hewitt said the move marked a "new approach" to the clean up of the legacy left behind by early military and civil nuclear programmes. She added that the agency would also assume responsibility for the United Kingdom Atomic Energy Authority's nuclear liabilities, which amount to £8.7bn on an undiscounted basis. She said that it remained the Government's objective to turn BNFL into a Public Private Partnership but this would not be reconsidered until 2004-05. The Government had intended to part-privatise BNFL in the previous Parliament but was forced to abandon its plans after a scandal over the falsification of safety records at Sellafield. Mark Johnston, energy campaigner for Greenpeace, claimed the announcement meant that the planned sell-off of the whole company had now, in effect, been abandoned. "Only fragments of BNFL will now be sold and the lions' share is effectively being written off and run down. There is now no case for Sellafield continuing to operate as, by doing so, liabilities will continue to increase," he said. Friends of the Earth's energy campaigner, Roger Higman, said the Government had demonstrated that nuclear power was "an expensive and highly dangerous liability, and that no new nuclear power plants should be built".

BNFL said its 10,000 staff at Sellafield would continue to operate the plant. Norman Askew, the chief executive, said many of BNFL's historic liabilities predated the creation of the business and the Government's move would help management to focus on the running of the business. Anti-nuclear campaigners said the only bits of BNFL likely to be sold off now were its UK fuel fabrication business and its Westinghouse division in the US. But a spokeswoman said it was too early to say what would be included in the sell-off.

THAT’S IT FOR 2001.

HAPPY NEW YEAR TO ALL SAFE ENERGY READERS.