Energy Act 2008 - Nuclear Decommissioning

On 6 April 2009, those provisions of the Energy Act 2008 (the

"Act") which relate to decommissioning and clean-up of

nuclear sites will come into force. These new provisions set out a

legislative framework for funded decommissioning programmes which

will ensure that operators are responsible for the costs of waste

management and decommissioning of new nuclear power stations in

England, Wales and Northern Ireland.

It is critical that operators are aware of these provisions as

it will be an offence to operate a nuclear site without first

having a funded decommissioning programme ("FDP")

approved by the Government or to fail to comply with an FDP once it

is approved. The financial liability could also extend to parent

companies and subsidiaries of the site operator. Exit strategies

will also need to take account of the fact that the decommissioning

obligations of a site operator will continue until the Secretary of

State for Energy and Climate Change ("SoS") explicitly

states otherwise, even after the operator ceases to hold a site

licence.

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Full Article

On 6 April 2009, those provisions of the Energy Act 2008 (the

"Act") which relate to decommissioning and clean-up of

nuclear sites will come into force. These new provisions set out a

legislative framework for funded decommissioning programmes which

will ensure that operators are responsible for the costs of waste

management and decommissioning of new nuclear power stations in

England, Wales and Northern Ireland.

It is critical that operators are aware of these provisions as

it will be an offence to operate a nuclear site without first

having a funded decommissioning programme ("FDP")

approved by the Government or to fail to comply with an FDP once it

is approved. The financial liability could also extend to parent

companies and subsidiaries of the site operator. Exit strategies

will also need to take account of the fact that the decommissioning

obligations of a site operator will continue until the Secretary of

State for Energy and Climate Change ("SoS") explicitly

states otherwise, even after the operator ceases to hold a site

licence.

Application

Under the Act, an applicant for a nuclear site licence to

construct or operate a nuclear power station in England, Wales or

Northern Ireland will be required to submit an FDP to the SoS for

approval.

An FDP must set out the technical steps for managing and

disposing of any hazardous material, as well as...