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Changes in UK nuclear third party liability


UK nuclear third party liability laws updated from January 2022  
https://www.pinsentmasons.com/out-law/news/uk-nuclear-third-party-liability-laws-updated-january-2022, OUT-LAW NEWS | 23 Dec 2021 Eluned Watson, Senior Associate Operators of nuclear sites in the UK, including those responsible for disposing of nuclear matter, should review their insurance and contractual arrangements to ensure they align with a new liability regime that takes effect on 1 January 2022, experts have said.

Michael Freeman and Eluned Watson of Pinsent Masons were commenting after an international protocol was ratified, triggering imminent changes to the nuclear third party liability regime in the UK.
Currently, the liability regime for nuclear accidents in the UK is governed by the Nuclear Installations Act 1965. That Act implements the OECD Paris Convention on Third Party Liability in the Field of Nuclear Energy and the supplementary Brussels Convention that followed. The Act makes provision for compensation to be claimed for personal injury or property damage stemming from a nuclear accident.

In 2004, signatories to the two Conventions adopted a protocol to amend the third party liability regime that the Conventions provide for. That protocol has only recently been ratified in enough of the signatory countries to allow the changes to take effect.   n the UK, legislation was passed in 2016 to anticipate the protocol coming into force. The Nuclear Installations (Liability for Damage) Order 2016, which amends the 1965 Act, takes effect on 1 January 2022.

Both the protocol and the UK Order substantially increase the value of claims that can be made in the aftermath of nuclear accidents to €700 million in damages, up from €140 million previously. In line with flexibility provided under the protocol, a cap on claims at €80m has been set in respect of damage to the means of transport.

The legislation sets annual caps on liability for operators of nuclear sites in the UK, initially at €700m a year but rising to a total operator liability of €1.2 billion over a period of five years from 2022.Operators of nuclear licensed sites are required to make financial provision for such liability, such as by insurance.

“We have been working closely with clients in the UK nuclear sector to ensure that their existing insurance and financial provision arrangements incorporate the changes necessary to reflect the changes to the liability regime,” said Watson.

The type of claims that can be made have also been expanded under the new regime.

The additional types of claim that can be made are for compensation in respect of the cost of measures of reinstatement related to the impaired environment, loss of income derived from the environment, the cost of preventive measures, and personal injury and property damage caused by such measures. Limitation periods are also amended. The right to claim compensation for personal injury will be extended from 10 to 30 years. The time limit on bringing claims of all other kinds is fixed at 10 years.

“The changes brought about by the 2004 protocol represents the most significant revision of the nuclear third party liability regime since it was first introduced in the 1960s,” said Pinsent Masons’ Freeman.

“Those operating within the nuclear sector should review all relevant contractual and supply chain arrangements, and in particular nuclear third party liability indemnification provisions, in order to ensure that the changes introduced by the 2016 Order are adequately and appropriately reflected,” he said.

December 24, 2021 Posted by | business and costs, safety, UK | Leave a comment

EDF HAS DECIDED TO CLOSE TWO NUCLEAR PLANTS AFTER FINDING CRACKS

EDF HAS DECIDED TO CLOSE TWO NUCLEAR PLANTS AFTER FINDING CRACKS

https://democratic-europe.eu/2021/12/20/edf-has-decided-to-close-two-nuclear-plants-after-finding-cracks/?fbclid=IwAR0PQ0CpQFhNptc25vic5vGb1Mo4apstAvB8erHrKAWA56AB8bcGOIV58Mg   20 Dec 21, Électricité de France S.A., comm owned by the state, shuttered two nuclear power plants after routine safety inspections found cracks at one power plant. 

EDF wrote in a press release, “preventive maintenance checks on the primary circuit of reactor number 1 of the Civaux Nuclear Power Plant” found cracks due to corrosion on the pipes.

“Checks initiated on the same equipment of reactor number 2 of the Civaux Nuclear Power Plant revealed similar defects,” the French power giant said. 

France’s Nuclear Safety Authority (ASN) was informed about cracks detected close to the welds on the reactor’s pipes.

EDF temporarily closed Civaux to “replace the affected parts on the two Civaux reactors, the work being governed by a technical instruction prepared in cooperation with the ASN, which leads to extend the shutdown of the two reactors,” it said. 

EDF has also chosen to close two reactors at another nuclear plant at Chooz in the northeastern Ardennes department for inspections. Both power plants use the same reactor technology.

The temporarily closing of Civaux’s reactors and Chooz’s reactors will reduce one terawatt-hour of output and couldn’t come at the worst time as cooler weather sent French power contracts to a record high earlier this week.

A power reduction could suggest strain on the power grid amid cooler weather and higher power prices.

December 24, 2021 Posted by | France, safety | Leave a comment

TEPCO files for approval of Fukushima plant water release.

Operator Files For Approval of Fukushima Plant Water Release, Claims Journal, By Mari Yamaguchi December 22, 2021  TOKYO (AP)–The operator of the wrecked Fukushima nuclear plant said Tuesday it has applied for approval from safety authorities to construct an undersea tunnel and other facilities needed for the planned release of large amounts of treated radioactive water into the sea.

The operator, Tokyo Electric Power Company Holdings, said it hopes to obtain approval from the Nuclear Regulation Authority to begin constructing the facilities in June and start releasing the water in April 2023.

The approval would cover the basic plan and design of the undersea tunnel, equipment to dilute the water with sea water and other necessary materials.  https://www.claimsjournal.com/news/international/2021/12/22/307711.htm

TEPCO plans to release massive amounts of treated but still radioactive water into the ocean about 1 kilometer (0.6 mile) from the plant to ensure safety and minimize the impact on local fishing and the environment.

The contaminated water is to be diluted with large amounts of seawater to reduce the concentration of radioactive materials below allowable limits.

About 1,000 storage tanks at the plant currently filled with radioactive water need to be removed to make room for facilities necessary for the plant’s decommissioning, TEPCO says.

An official in charge of the water discharge project, Junichi Matsumoto, said TEPCO will construct the undersea tunnel by drilling through bedrock in the seabed.

Under the plan TEPCO submitted to the nuclear authority, the water will be released about 12 meters (40 feet) below the ocean’s surface……….

The government in April approved the decision to start discharging the water into the Pacific Ocean under safety standards set by regulators, calling it the most realistic option. The idea has been fiercely opposed by fishermen, residents and neighboring countries including China and South Korea.   https://www.claimsjournal.com/news/international/2021/12/22/307711.htm

December 24, 2021 Posted by | Fukushima continuing | Leave a comment

NASA seems to be struggling with the fact that ionising radiation is a greater risk to women, than to men

The committee also recommended NASA provide all its astronauts with individual radiation risk assessment (based on age and sex), communicate a comprehensive picture of an astronaut’s own cancer risk, and continue to discuss changes in radiation risk during routine health briefings.

New NASA radiation exposure limit would bring equality to female, male astronauts,  Healio.com, Ryan Lawrence    20 Dec 21,
“Experts in oncology help advise NASA on space radiation health standard for astronauts”A committee of experts from science, medicine and academia, among other fields, has recommended NASA proceed with a proposal for a universal, career-long radiation dose limit for all astronauts

The Committee on Assessment of Strategies for Managing Cancer Risks Associated with Radiation Exposure During Crewed Space Missions, convened at the request of NASA, concluded that the career-long dose limit should apply to both men and women, a change from previous standards, and recommended improved communication methods for advising astronauts on cancer risks.

“The old radiation standards were very restrictive for women astronauts,” Amy Berrington de González, DPhil, senior investigator and chief of the radiation epidemiology branch at the NCI and a member of the committee, told Healio | HemOnc Today. “There has been a lot of progress in understanding of radiation risk in the last few decades, so bringing that in to see whether you could make the flying time more equitable for women astronauts, I think was really important.”

Berrington de González said the universal dose was established “for the most protective case” and applied to all astronauts.

As it currently stands, men and women have different allowable doses of radiation in space travel with NASA, which were based on reported relative susceptibilities to different radiation-induced cancers. The report recommends NASA move forward with its proposed single standard dose limit for all astronauts.

“I think NASA got worried because they saw some data from the Japanese atomic bomb survivors, who we use as our primary group for determining [radiation] risk, and it looked like there was an increased risk for lung cancer among women,” committee member Gayle E. Woloschak, PhD, associate dean for graduate student and postdoctoral affairs and professor of radiation oncology and radiology at Feinberg School of Medicine at Northwestern University, told Healio | HemOnc Today. “

 “Then the question was, ‘Should we have a different risk level for women than for men, considering Mars missions might limit a woman from going into space at all?’ And, you can imagine, there are ethical issues with that, too. Basically, we said there should be the same risks across the board for everybody.”

Before these proposals, the current standard set career exposure to radiation to not exceed 3% risk for exposure-induced death (REID) for cancer mortality at a 95 percent confidence level, to limit the cumulative effective dose received throughout an astronaut’s career.

NASA called for an independent review of the validity of the 3% REID, which has been the standard since 1989, because it is for low-Earth orbit missions exclusively. An update was necessary as NASA plans for longer-duration missions farther in the solar system.

“The radiation in deep space is different,” committee member Carol Scott-Conner, MD, PhD, MBA, emeritus professor of surgery in surgical oncology and endocrine surgery at Carver College of Medicine at University of Iowa, told Healio | HemOnc Today. “Once you get beyond the Earth’s magnetosphere, you get highly energetic particles from the sun. And these are things like the nuclei of iron. You can think of them as like cannon balls going through cells, as opposed to protons, electrons or gamma rays that we think of here on Earth. … If you go to Mars, and let’s say it takes you about 6 months, you’re exposed that whole time to this radiation.”

The committee also recommended NASA provide all its astronauts with individual radiation risk assessment (based on age and sex), communicate a comprehensive picture of an astronaut’s own cancer risk, and continue to discuss changes in radiation risk during routine health briefings.

https://www.healio.com/news/hematology-oncology/20211222/new-nasa-radiation-exposure-limit-would-bring-equality-to-female-male-astronauts

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December 24, 2021 Posted by | radiation, space travel, USA | Leave a comment

China opposes Japanese decision to release nuclear-contaminated water into ocean

 BEIJING, Dec. 22 (Xinhua) — China is seriously concerned about and firmly opposes Japan’s unilateral decision to discharge the nuclear-contaminated water into the sea and its proceeding with the preparatory work, a Chinese Foreign Ministry spokesperson said Wednesday.

Zhao Lijian made the remarks when asked to comment on a media report that Tokyo Electric Power Company has submitted an application to Japan’s Nuclear Regulation Authority with a detailed plan of discharging nuclear-contaminated water from the Fukushima Daiichi nuclear power plant into the sea.

Since April this year, the international community has raised concerns to the Japanese side over the legitimacy of the discharge into the sea, the rationality of the discharge plan, the credibility of the data about the nuclear contaminated water and the reliability of the equipment to purify the nuclear-contaminated water, Zhao said.

The work of the IAEA technical working group on the handling of the nuclear-contaminated water from Fukushima is still undergoing, he added.

“In total disregard of the legitimate and reasonable concerns of the international community, the Japanese side only continues to proceed with the preparations for the discharge both policy-wise and technology-wise,” Zhao said.

“Obviously, it wants to impose its wrong decision on the entire international community, and it is all the littoral countries of the Pacific Ocean that will have to take the risk for such move. The Japanese side is extremely irresponsible in doing so.”……….. http://www.xinhuanet.com/english/asiapacific/20211015/C9A4AEDD72B00001F26810B030601260/c.html

December 24, 2021 Posted by | China, oceans | Leave a comment

Holtec, owner of closed Oyster Creek nuclear station faces security violation fine.

Owner of closed nuclear plant faces security-violation fine, KPVI, Dec 22, 2021 

LACEY TOWNSHIP, N.J. (AP) — The U.S. Nuclear Regulatory Commission said Wednesday it plans to fine the owners of the shuttered Oyster Creek nuclear power plant $150,000 for security violations at the New Jersey site.

The agency would not reveal the nature of the violations, citing security concerns, but said the site’s overall security program “remains effective.”

Holtec Decommissioning International LLC has 30 days to pay the fine or contest it.

The company issued a statement saying that “protecting the security and safety of the public is the number one priority of Holtec International at all our facilities. ……………. The NRC said Holtec has taken steps to address the violations. https://www.kpvi.com/news/national_news/owner-of-closed-nuclear-plant-faces-security-violation-fine/article_4188ac82-323a-505e-90ff-77aabac4ca6b.html

December 24, 2021 Posted by | safety, USA | Leave a comment

In Cumbria – Dangerous Nuclear Waste Dumping- Mission Creep and Obfuscation.

Dangerous Nuclear Waste Dumping- Mission Creep and Obfuscation.

The following images [on original] are from a four page Advertorial by NIREX in Cumbria Life from 1993 (NIREX was the then government body on “Nuclear Waste Disposal.” ) The NIREX plan was for “deep disposal” of intermediate and some low level nuclear wastes. Now in 2021 the “vision” is to put the intermediate level nuclear wastes (previously earmarked for the NIREX dump at Longlands Farm, Gosforth) into Not So Deep Silos’ at the Low Level Waste Repository at Drigg and the even higher activity and very hot nuclear wastes (which even the gung ho NIREX never proposed putting deep underground) into a Geological Disposal Facility ( deep under the Irish Sea is in the frame)……….

Note that the NIREX advert from 1993 states that the Geological Disposal Facility plan is for “intermediate and some low level wastes.” In a newsletter in March this year for the Low Level Waste Repository at Drigg, it was said: “The NDA is exploring the benefits of developing Near Surface (NSD) – for disposing of a proportion of Intermediate Level Waste (ILW), but no decision has been taken on whether UK Government will pursue this option or whether LLWR, will in time, host a NSD facility.”

We asked a number of Freedom of Informations questions which have not been answered directly or honestly with a simple yes or no but serve to deflect and frustrate any scrutiny.

  • Have the public been consulted about the RWM/NDA/CoRWM plan for Near Surface Disposal of Intermediate Level Waste at Drigg’s Low Level Waste Repository?

The honest answer would be NO

  • Has the Borough or County Council held a debate or vote on whether to take any steps towards Near Surface Disposal of Intermediate Level Wastes by alllowing 16 rock characterisation boreholes to be drilled at a depth of 120m into the underlying sandstone ?

The honest answer would be NO

  • What are the category of low and intermediate level wastes proposed for NSD and would this include the category of wastes previously designated by NIREX for a GDF ?

The honest answer would be: the major components of Intermediate Level Wastes are nuclear reactor components, graphite from reactor cores and sludges from the treatment of radioactive liquid effluents. All of these wastes were previously designated by NIREX for a Geological Disposal Facility.

You can see Low Level Waste Repository’s answers here: ………..https://www.lakesagainstnucleardump.com/post/dangerous-nuclear-waste-dumping-mission-creep-and-obfuscation

December 24, 2021 Posted by | secrets,lies and civil liberties, UK, wastes | Leave a comment

Rapid shrinking of glaciers in the Himalayas

 Glaciers in the Himalayas are shrinking far more rapidly than glaciers in
other parts of the world, threatening the water supply of millions of
people in Asia, new research warns. The study, led by scientists at the
University of Leeds, found that in recent decades, Himalayan glaciers have
lost ice 10 times more quickly than they have on average since the Little
Ice Age, when glaciers expanded around 400-700 years ago.

 Independent 21st Dec 2021

https://www.independent.co.uk/climate-change/news/himalayas-glaciers-melting-water-ice-b1979531.html

December 24, 2021 Posted by | ASIA, climate change | Leave a comment

Costa Rica was the star at COP26 Climate Summit

 If there had been a popularity contest at Cop26, the Costa Rican
president, Carlos Alvarado Quesada, would have been a clear winner.
Leonardo DiCaprio, Jeff Bezos, Boris Johnson and Prince William all wanted
to speak with the leader of the tiny Central American country, eager to
bask in its green glow.

The climate summit in Glasgow was, in effect, Costa
Rica’s Super Bowl, another chance to show off its impressive
environmental credentials. It is the only tropical country that has
successfully halted and reversed deforestation, a commitment dozens of
others made at Cop26 but are far from achieving. Costa Rica, which
celebrated its bicentenary in 2021, is aiming for total decarbonisation by
2050 – not just a net zero target – and is helping lead the world on
efforts to protect 30% of the Earth by the end of this decade.

From
Christiana Figueres, who was head of the UN climate convention that
achieved the Paris agreement in 2015, to Carlos Manuel Rodríguez, chief
executive of the Global Environment Facility, Costa Ricans are routinely
found in international leadership positions on the environment.

 Guardian 22nd Dec 2021

https://www.theguardian.com/environment/2021/dec/22/follow-the-green-leader-why-everyone-from-jeff-bezos-to-boris-johnson-is-looking-to-costa-rica-aoe

December 24, 2021 Posted by | climate change, SOUTH AMERICA | Leave a comment

Finland’s Olkiluoto EPR nuclear reactor starting up, 12 years late

 Nuclear: start-up of the Finnish EPR 12 years late. The EPR nuclear
reactor in Olkiluoto, Finland, started up overnight for the first time.
Between delays and financial problems, the work started in 2005 was strewn
with pitfalls for the French Areva. The EPR must supply 15% of the
consumption of the Nordic country.

 Les Echos 21st Dec 2021

https://www.lesechos.fr/industrie-services/energie-environnement/nucleaire-demarrage-de-lepr-finlandais-avec-12-ans-de-retard-1374027

December 24, 2021 Posted by | Finland, politics | Leave a comment

European Commission will decide in 2022 if it considers nuclear energy as a ”climate friendly” investment.

 The European Commission plans to finish next year its long-awaited rules
on whether to label gas and nuclear energy as climate-friendly investments
under EU green finance rules, its environment policy chief said on Monday.
The European Union’s executive Commission is considering whether to include
nuclear and natural gas in its “sustainable finance taxonomy”, a rulebook
that will restrict which activities can be labelled as climate-friendly
investments.

 Reuters 20th Dec 2021

https://www.reuters.com/markets/commodities/eu-plans-finish-green-investment-rules-gas-nuclear-next-year-2021-12-20/

December 24, 2021 Posted by | climate change, EUROPE | Leave a comment

Nuclear liabilities – the tax-payer is the insurer of last resort

 Protocols to amend two international instruments strengthening the rights
to compensation for those affected by nuclear energy accidents have been
formally ratified and will enter into force on 1 January. The Protocols to
amend the Paris Convention on Third Party Liability in the Field of Nuclear
Energy and the Brussels Convention Supplementary to the Paris Convention
were ratified on 17 December at the Paris headquarters of the OECD. The
protocols have been ratified by all of the contracting parties, with the
exception of Turkey, which has approved ratification but not yet deposited
its instrument.

Nuclear operators are liable for any damage caused by them,
regardless of fault. Liability is limited – both in terms of time and
amount – by both international conventions and national legislation.
Operators generally take out third-party insurance to cover their limited
liability, beyond which the state accepts responsibility as insurer of last
resort.

 World Nuclear News 21st Dec 2021

https://www.world-nuclear-news.org/Articles/Nuclear-liability-protocols-ratified-to-strengthen

December 24, 2021 Posted by | 2 WORLD, business and costs, politics | Leave a comment

Inspections of Britain’s ageing nuclear weapons facilities

 Inspectors have completed their year-long investigation into the ageing
facilities at AWE in Aldermaston and Burghfield. The Office for Nuclear
Regulation (ONR) has conducted ‘themed’ inspections into five British
nuclear facilities over the last year. It has been looking at how the
industry manages ageing plants and facilities to ensure the necessary
standards of safety and security are maintained.

The final inspection
report is now being compiled, and is expected to identify where
improvements are required. In late 2020, ONR selected five licensees for
inspection, as a representative sample of the industry. They are the Atomic
Weapons Establishment (AWE Plc), in Aldermaston and Burghfield, Berkshire,
EDF Energy Nuclear Generation Limited, at Sizewell B Power Station in
Suffolk, Devonport Royal Dockyard Ltd (DRDL) in Plymouth, Magnox Limited,
at Hinkley Point A in Somerset, and Sellafield Ltd, in Cumbria.

 Berkshire Live 22nd Dec 2021

https://www.getreading.co.uk/news/reading-berkshire-news/nuclear-safety-inspectors-leave-berkshires-22532016

December 24, 2021 Posted by | safety, UK | Leave a comment

The nuclear fantasy – time that we ended it -theme for January 2022.

It WAS a great dream – when the atomic scientists thought that they could assuage their guilt by inventing ”atoms for peace”

But that was a great lie. The USA raced on with nuclear reactors producing fuel for nuclear weapons. The British and Russians followed suit – then France, India, Israel, China – just about every nation wants them – Middle Eastern rulers now salivating at the thought.

Everybody piously talks about ”peaceful nuclear”. Now there’s the new champion lie – ”nuclear to save the world from climate change”.

And that feat is to be accomplished by so-called Small Nuclear Reactors (SMRs) – thousands of super-expensive little unicorns that don’t exist. The lying salesmen (who have no conscience) will keep pretending that they’re ”little”, while economies of scale demand that the reactors are put together to make Big nuclear plants.

And still the purpose is – all for the weapons industry. Technology, expertise, funding – to support that real industry – Nuclear weapons – under the sea, on land, in space! The ordinary peasant is not so keen, so investment in SMRs isn’t really happening. The thing is pushed by grandiose gurus like Bill Gates – . and even Gates knows that tax-payer funding is the intended funding system.

I recommend a couple of posts on this website:
Establishment support, secrecy and corruption, in the promotion of dangerous nuclear power. Natrium reactors, like those at Santa Susana.

And don’t think, just because these articles are about America, that the Establishments in UK, Russia France, China etc are any better. The same sort of toxic macho-men are in control of governments there, too.

Time to take the toys from the boys

December 24, 2021 Posted by | Christina's themes | 22 Comments