HC Deb 26 November 2002 vol 395 cc226-8W
Dr. Cable

To ask the Secretary of State for Trade and Industry (1) whether the Nuclear Safety Directorate has formal contingency arrangements in the event that a site operator is declared insolvent or put into administration; and if she will place a copy of these arrangements in the Library; [82506]

(2) whether the licence agreements that the Nuclear Safety Directorate negotiates with site operators contain provisions to deal with a site operator being declared insolvent or being put into administration; and if she will place a copy of the relevant clauses in the Library. [82507]

Mr. Wilson

Nuclear site licences contain no provisions regarding the insolvency of a site operator and HSE does not have formal contingency arrangements in the event that a site operator is declared insolvent or put into administration. I understand that HSE is considering how it might increase its surveillance of the safety of nuclear operations and monitor developments on affected sites in such circumstances. My officials are continuing to work closely with the Health and Safety Executive's Nuclear Installations Inspectorate to ensure the overriding priority of the safe operation of British Energy's nuclear power stations.

Dr. Cable

To ask the Secretary of State for Trade and Industry whether the licence agreements that the Nuclear Safety Directorate negotiates with site operators contain provisions to deal with the accumulation and storage of nuclear waste material; and whether renegotiation of a licence agreement would be required where a site operator implemented a change of policy on nuclear waste material. [82505]

Mr. Wilson

A "licence agreement" is not a recognised instrument of the Nuclear Installations Act 1965 (as amended). However, the Act does allow the Health and Safety Executive (HSE) to attach conditions to nuclear site licences in the interests of safety or with respect to the handling, treatment and disposal of nuclear material and within the arrangements made by licensees under those conditions the HSE does use formal "agreements" to effect its permissioning role. Any activity on a licensed site requiring HSE's permission is subject to there being an adequate safety case.

Any changes, on the part of a licensee, relating to the storage of nuclear waste at the site would be subject to the acceptance of a revised safety case by HSE. Such changes would need to meet Licence Condition 32, which specifically addresses the accumulation of radioactive waste within the standard set of 36 conditions,. In enforcing this and other licence conditions, HSE's Nuclear Installations Inspectorate takes into account Government policy on radioactive waste management, as set out in Cm2919.

Additionally the licensee's policy on the management of radioactive waste is reviewed through the quinquennial review process, as required by Government policy. Changes in licensee's policy will be identified by this process and assessed by HSE. The results of HSE's assessments and the full set of licence conditions are available on the HSE website http://www.hse.gov.uk/nsd/index.htm.