When the United Kingdom voted to leave the European Union, it bought itself a whole lot of problems. As a member of the E.U. the U.K. was automatically included in Europeans associations such as the ones that dealt specifically with nuclear matters such as obtaining nuclear fuel and other nuclear components as well as regulating the construction and operation of nuclear power plants. Now that the U.K. is leaving the E.U., it will have to negotiate a whole series of new arrangements with respect to nuclear power.
Last month, the Nuclear Safeguard Bill was published by the Department for Business, Energy and Industrial Strategies (BEIS). The BEIS is dedicated to developing a domestic safeguards program as a necessary part of the exit of the U.K. from the European Atomic Energy Community (Euroatom). Euroatom is a 1957 treaty governing the peaceful use of nuclear energy in the E.U. Technically, Euroatom is a separate legal entity from the E.U. but the same institutions that govern the E.U. govern Euroatom. Now the U.K. Office of Nuclear Regulation (ONR) has issued two “clarifications” of the impact assessment of the BEIS.
The first clarification sounds like it ought to be a basis assumption that does not need to be explicitly stated. It says that ONR regulates the nuclear industry; it does not provide services to it. The second clarification is that the ONR intends to create a regulator framework which is robust and comprehensive as the Euroatom framework. They say that they are not concerned with assessing efficiencies at this time. When they develop secondary legislation for BEIS, they will provide “advice to the government to inform the anticipated impact assessment for nuclear safeguards regulation.”
The impact assessment last month stated that the civil nuclear sector is subject to strict international non-proliferation regulations including nuclear safeguards. These are required to allow the U.K. to carry out civil nuclear trade which will allow nuclear power to play a major role in energy security for the U.K. as well as lowering U.K. carbon emissions. The primary objective, of course, is to prevent the spread of nuclear weapons.
The current U.K. nuclear safeguard obligations are part of its membership in the E.U. and a new set of safeguards will be needed to meet international standards as the U.K. leaves the E.U. The statement from ONR said, “There are no precedents for a non-EU Member State being a Member State of Euratom, so when we formally notified our intention to leave the EU we also commenced the process for leaving Euratom.”
There are two options for the U.K. to carry out the necessary process of creation new regulations. The preferred option is to adopt domestic nuclear safeguards that are equivalent to the Euroatom safeguards to insure that the U.K. would maintain the highest standards of nuclear safety.
The second option would be to create a domestic nuclear safeguards program that would not be a cloning of the current Euroatom nuclear safeguards. While all regulated facilities would receive vigorous oversight, there would still be a reduction in the frequency and intensity of inspections while still meeting the standards of the International Atomic Energy Agency.
Parliament is divided on the passage of the Nuclear Safeguard Bill at the moment. It is hoped that the BEIS will receive Royal Assent sometime this year.
