Closed consultation

Nuclear Hackathon pre-reading material

Updated 2 April 2024

This digital document brings together resources that may be useful for participants attending the Nuclear Hackathon and those responding to the public consultation on Alternative Routes to Market for New Nuclear Projects. It sets out information from both the Alternative Routes to Market Consultation document and open-source materials.

Introduction

The Nuclear Hackathon is being held as part of the Alternative Routes to Market Consultation. Government believes that expanding new nuclear deployment in the UK will help us achieve our energy security and net zero goals. That is why government has announced a major shift in the UK’s nuclear objectives, setting an ambition to deploy more nuclear power in the next three decades than we built over the previous seven.

This comes at a time when new technologies are creating new opportunities for the sector. The adoption of modern methods of off-site manufacturing and construction, which is already revolutionising other sectors, has the potential to reduce the costs and risks of nuclear deployment. In parallel, we are seeing a renewed interest in nuclear technologies that have a long heritage but have not previously been deployed commercially or at scale – potentially introducing much greater variety to an industry that has traditionally been dominated by light-water reactors.

The consultation aims to explore what steps can be taken to enable different routes to market for these new Advanced Nuclear Technologies (ANTs). It will also explore the uses for ANTs and potential benefits that they can provide to the UK economy.

The Nuclear Hackathon event is being held to explore how we can speed up the delivery of new nuclear projects while maintaining rigorous levels of nuclear safety, security, and environmental protection. This one-day event will aim to identify opportunities for greater regulatory co-ordination and how this may lead to efficiencies in navigating regulatory pathways.

The event will be interactive and facilitated by Policy lab.

Note: The outputs from the Nuclear Hackathon will be taken into account when government prepares its response to the public consultation on Alternative Routes to Market for New Nuclear Projects.  Participation in the Hackathon does not preclude attendees from providing their own responses to the consultation and these should be submitted separately.

Regulation

See Alternative Routes to Market for New Nuclear Projects

Regulation is a crucial enabler of new nuclear projects. Robust, clear, and efficient regulation is vital for ensuring public confidence in our nuclear sector and in supporting investment and enabling good projects to progress quickly and safely. The International Atomic Energy Agency (IAEA) has recognised the UK as having a mature regulatory framework that could be emulated by other countries.

The UK has a well-established, long-standing regulatory framework for nuclear activities regulated by the Office for Nuclear Regulation (ONR) and the national environmental regulators – the Environment Agency (EA), Natural Resources Wales (NRW) and the Scottish Environment Protection Agency (SEPA) – collectively known as ‘the regulators’. It also includes requirements administered by government, such as the requirement for developers to justify the benefits of working with ionising radiation or the requirement for site licence holders to have adequate arrangements to meet their nuclear liabilities in accordance with international agreements.

Navigating the regulatory landscape for new Nuclear Power Plant (NPP) development involves completing numerous steps to demonstrate that the NPP will be safe, secure and can manage its waste, non-proliferation, and environmental obligations. Reactor designs and projects progress through the regulatory paths illustrated in Figure 1, all of which involve scrutiny of reactor design, site suitability, environmental impacts, and organisational capabilities.

Figure 1: Different Stages in the regulatory pathway up to licensing and permitting

Regulatory principles

The UK has a goal setting, non-prescriptive nuclear regulatory framework. The onus is on the regulated party to set out claims, arguments and evidence to demonstrate that the prescribed nuclear activities can be carried out safely, securely and in ways that manage environmental impacts. The key principle for the ONR’s regulatory framework is the requirement to reduce risks are reduced As Low As Reasonably Practicable (ALARP). This is a fundamental requirement and applies to all activities within the scope of the Health and Safety at Work etc. Act 1974 (HSWA). The EA and NRW use a similar As Low As Reasonably Achievable (ALARA) principle while also asking companies to demonstrate they will use the Best Available Techniques (BAT). Demonstration of ALARP requires duty holders to evaluate risks and to make an explicit justification that the costs of further risk reduction would be grossly disproportionate to the safety benefit.

Nuclear Site Licensing

Nuclear Site Licensing (NSL) is a structured, statutory process. It is undertaken for a specific site, with a corporate body. NSL assesses a prospective licensee’s capability to carry out specified nuclear activities, prescribed under Nuclear Installations Act 1965, at the specified location. A licence may be granted when ONR is satisfied that the licence applicant’s safety and security documentation provide assurance that the organisation can conduct the proposed activities within Licence Conditions. The licence is specific to the licensee and does not automatically transfer with a new site owner. The licence is also for specified activities, so additional prescribed activities could not be carried out without relicensing the site to accommodate the introduction of the new activities.

Environmental permitting

A prospective nuclear operator will need to apply for and be granted environmental permits to conduct specified activities at a prospective site. For all nuclear sites, this includes a radioactive substances activities permit. If a nuclear operator intends to conduct activities with radioactive materials (which requires an environmental permit) then they must already have a NSL which covers those activities or be a tenant on licensed land.

Generic Design Assessment (GDA)

GDA is a voluntary, comprehensive process conducted by the nuclear regulators to review the safety, security, and environmental protection aspects of new reactor designs on a generic basis, in advance of site or operator specific proposals. The benefit of GDA is that, compared with statutory regulatory processes, it allows regulators to identify key design issues early in the process, thereby reducing financial and regulatory risks. In this way it helps developers give investors confidence that a design will meet the statutory requirements. The GDA Requesting Party is not required to be the prospective operator.

Planning

The Planning Act 2008 requires applicants to obtain a Development Consent Order (DCO) for projects which are a Nationally Significant Infrastructure Project (NSIP). The NSIP definition covers large electricity generating plants, including nuclear power stations. A DCO is the means by which such developments obtain planning permission; the application made by the developer is examined by the Planning Inspectorate (PINS), which then submits a report to the Secretary of State of the Department for Energy Security and Net Zero (DESNZ), who takes the decision. DCOs are only required when a nuclear plant (or total output from the planned number of units) exceeds a certain electrical output (50MW in England and 350MW in Wales). In England, NPPs under 50MW are assessed by the Local Planning Authority (LPA). In Wales, Welsh Ministers have had powers to grant consent to generating stations with an output of between 10MW and 350MW. The Planning Act does not apply to Scotland. Scottish planning is devolved and so the Scottish Authorities are responsible for taking planning decisions. Energy policy is, however, a reserved matter which means that all decisions about power stations there are taken under the Electricity Act 1989.

Justification

See The Justification of Practices Involving Ionising Radiation Regulations 2004: guidance on their application and administration

Justification is a process which requires that before any new class or type of practice involving ionising radiation can be introduced in the UK, the Government must first assess it to determine whether the individual or societal benefit outweighs the health detriment it may cause. This principle of justification derives from the recommendations of the International Commission on Radiological Protection (ICRP).

The process of justification requires that before a practice is introduced, it should be shown to give an overall benefit. It is also implicit that all aspects of the practice should be considered.

Habitat Regulations Assessment

A Habitats Regulations Assessment (HRA) refers to the several distinct stages of Assessment which must be undertaken in accordance with the Conservation of Habitats and Species Regulations 2017 (as amended) and the Conservation of Offshore Marine Habitats and Species Regulations 2017 (as amended) to determine if a plan or project may affect the protected features of a habitats site before deciding whether to undertake, permit or authorise it. European Sites and European Offshore Marine Sites identified under these regulations are referred to as ‘habitats sites’ in the National Planning Policy Framework.

All plans and projects (including planning applications) which are not directly connected with, or necessary for, the conservation management of a habitat site, require consideration of whether the plan or project is likely to have significant effects on that site. This consideration – typically referred to as the ‘Habitats Regulations Assessment screening’ – should take into account the potential effects both of the plan/project itself and in combination with other plans or projects. Where the potential for likely significant effects cannot be excluded, a competent authority must make an appropriate assessment of the implications of the plan or project for that site, in view the site’s conservation objectives. The competent authority may agree to the plan or project only after having ruled out adverse effects on the integrity of the habitats site. Where an adverse effect on the site’s integrity cannot be ruled out, and where there are no alternative solutions, the plan or project can only proceed if there are imperative reasons of over-riding public interest and if the necessary compensatory measures can be secured.

Streamlining regulatory processes

Overall, some of the regulators’ streamlining work includes:

• launching a transparent framework for vendors seeking early engagement with regulators prior to entering formal regulatory processes, allowing vendors the opportunity to develop their understanding of regulatory pathways and requirements
• building on the flexibility of the modernised GDA process, development and publication of further guidance on the differences in requirements between a two-step and three-step GDA, and the expectations on the reactor technology vendors and future operators on how to move from a two-step GDA to nuclear site licensing, environmental permitting and construction
• realising efficiencies through maximising the use made of regulatory assessments undertaken in other countries on designs proposed for Britain and using trusted relationships with mature international regulators to collaborate on and share assessment of reactor designs to minimise burden and timescales where possible
• bringing forward proposals to revise the nuclear site licensing process to introduce further efficiencies and ensure alternative development models are catered for, e.g. where a vendor, developer and operator are different entities, enabling more flexible deployment models
• bringing forward proposals to further optimise the effectiveness and efficiency of the EA’s permitting process

Planning and smarter regulation

The Planning Act 2008 requires applicants to obtain a Development Consent Order (DCO) for projects which are a Nationally Significant Infrastructure Project (NSIP). The NSIP definition covers large electricity generating plants, including nuclear power stations. A DCO is the means by which such developments obtain planning permission; the application made by the developer is examined by the Planning Inspectorate (PINS), which then submits a report to the Secretary of State of the Department for Energy Security and Net Zero (DESNZ), who takes the decision. DCOs are only required when a nuclear plant (or total output from the planned number of units) exceeds a certain electrical output (50MW in England and 350MW in Wales). In England, NPPs under 50MW are assessed by the Local Planning Authority (LPA). In Wales, Welsh Ministers have had powers to grant consent to generating stations with an output of between 10MW and 350MW. The Planning Act does not apply to Scotland. Scottish planning is devolved and so the Scottish Authorities are responsible for taking planning decisions. Energy policy is, however, a reserved matter which means that all decisions about power stations there are taken under the Electricity Act 1989.

Government recognises that the NSIP system needs reform. Whilst it has been successful in its original aim of making nationally significant planning decisions as fair and as efficient as possible, supported by National Policy Statements, many decisions are being delayed and the process is struggling to cope with increased volumes and increased complexity. For that reason, a number of changes are already underway.

Regulating and streamlining the future of nuclear development

Having an internationally respected regulatory regime is a key strength for the UK as the government fulfils its ambition to make Britain the best place in the world to invest in nuclear. The Civil Nuclear: Roadmap to 2050 sets out further opportunities for flexibility and optimisation in regulation. The commitments in the roadmap include:

• we are introducing wide-ranging Nationally Significant Infrastructure Project reforms to ensure the planning system overall can support the UK’s future infrastructure needs by making the planning system better, faster, greener, fairer, and more resilient
• we are reforming the existing environmental assessment processes of Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA) with Environmental Outcomes Reports (EOR). EOR will be an outcomes-based approach to assessment that is streamlined, fit for purpose and places the government’s environmental commitments at the centre of decision-making
• ONR will work to streamline design assessment and licensing processes, to realise efficiencies, and to prepare itself for new market entrants and alternative development models
• ONR and EA will launch a framework for early regulatory engagement for vendors seeking to enter the UK market
• ONR and EA will publish guidance to GDA requesting parties on how to maximise the use of overseas regulatory assessment and expectations for moving from a two-step GDA to licensing and permitting
• ONR and EA will continue to work with mature regulatory bodies to facilitate greater international collaboration, enabling the sharing of regulatory assessments and maximising the value of overseas regulatory work

The regulators modernised the GDA process in 2020 to introduce new flexibilities into the GDA process that can enable assessment of innovative Advanced Nuclear Technologies. The modernised GDA has 3 Steps for ONR and EA to conduct the assessment. RPs may choose to exit from GDA at the end of Step 2, after receiving their GDA Step 2 Statement - see Entry to the Generic Design Assessment for Advanced Nuclear Reactors.

The Department for Levelling Up, Housing and Communities (DLUHC) is bringing forward operational reforms to support faster consenting with an emphasis on delivering proportionate examinations for all projects; strengthening pre-application advice and introducing a fast-track consenting timeframe for projects that meet quality criteria; improve system-wide capacity and capability, including through greater community and local authority engagement; developing skills and training; and extending proportionate cost recovery by PINs and key statutory consultees to support effective preparation and examination of NSIPs and build resilience into the system. Government is already:

• increasing the number of NSIP Inspectors, which has already increased by 70% since Spring 2023, with a further increase by Spring 2024
• providing £2.7 million of funding to local authorities through our Innovation and Capacity fund. This will deliver 22 projects, enhancing the ability of local authorities to engage in the DCO process
• providing £5.6 million additional funding for reform of the digital transformation of the PINS processes, increasing productivity, speed and the transparency of NSIP application handling
• reforming environmental assessment. Through the Levelling Up and Regeneration Act 2023, we have legislated to introduce Environmental Outcome Reports (EOR) to replace the EU systems of Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA). EOR will  streamline the environmental assessment process, placing the government’s environmental commitments at the centre of decision making
• Improving capacity and capability of statutory nature conservation bodies in the planning system through the introduction of cost-recovery, allowing services resourcing to meet demand. This will be accompanied by performance monitoring arrangements that ensure bodies are held accountable for performance. These bodies are also undertaking workforce planning to better understand how to overcome a challenging recruitment market

Further reading

1. The consultation on Alternative Routes to Market for New Nuclear Projects which seeks views to understand how government can support investment in advanced nuclear technologies and enable high value projects to be taken forward.

2. The Civil Nuclear: Roadmap to 2050. This policy paper sets out the government’s vision for a dynamic civil nuclear sector supporting the ambition to achieve net zero by 2050

3. The consultation document for the Approach to siting new nuclear power stations beyond 2050 which sought views on the proposed policy approach for siting new nuclear power stations for a new Nuclear National Policy Statement

4. The ONR’s guide to ‘Licensing Nuclear Installations’ which provides an overview of the nuclear regulatory regime and the processes for licensing and delicensing nuclear sites. It explains how and why ONR license prescribed nuclear sites.

5. Guidance document on Entry to the Generic Design Assessment for Advanced Nuclear Reactors which explains how to apply for the Generic Design Assessment if you want to submit a nuclear power plant design.

6. Guidance on Nuclear Sites: environmental regulation  which sets out how the Environment Agency regulates the different types of nuclear sites and protects people and the environment

7. The Integrated Regulatory Review Service (IRRS)  reviewed the United Kingdom’s regulatory safety framework.