Health and Safety Executive

The Regulation of Safety, Security and Safeguards in UK

Mark Bassett HM Deputy Chief Inspector Office for Nuclear Regulation

Contents

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Office for Nuclear Regulation Legislative and Regulatory Framework Joined-up Regulation Some Thoughts

Office for Nuclear Regulation

ONR Mission: Secure the protection of people and society from the hazards of the nuclear industry We regulate safety, security, radioactive materials transport and have responsibilities for safeguards Currently an agency of Health and Safety Executive The Energy Bill is currently going through Parliament for ONR to become an independent public corporation Target for “vesting” April 2014

Legislative and Regulatory Framework

Safety Health and Safety at Work Act 1974 General duty on all employers to reduce risks So Far As Is Reasonably Practicable (SFAIRP) – often known as ALARP Goal-setting, non-prescriptive Dutyholders should identify and implement reasonably practicable measures to improve health and safety HSWA enables number of regulations e.g. Ionising Radiations Regulations – sometimes more prescriptive Nuclear Installations Act 1965 Relevant Sections

Legislative and Regulatory Framework

Safety continued Prescribed Installations – Licensed 36 Standard Licence Conditions – shall make and implement adequate arrangements e.g. LC14 production and assessment of safety LC23 safety case to set limits and conditions LC11 Emergency arrangements.

Permissioning Regime – e.g. Consents and Approvals Inspectors appointed under S19 of HSWA and powers e.g. S20 plus enforcement powers Internal guidance to our inspectors – Safety Assessment Principles

Legislative and Regulatory Framework

Security Anti-Terrorism, Crime and Security Act 2001.

Nuclear Industries Security Regulations 2003 (amended 2006).

Places obligations on operators of civil licensed nuclear sites.

– physical security measures – security of sensitive nuclear information – vetting of staff and contractors – movement of nuclear material by road and rail – (and now in 2013) obligations on new build

Legislative and Regulatory Framework

Security - continued Secretary of State sets the “risk appetite” ONR developed National Objectives, Requirements and Model Standards (NORMS) Sets Objectives and Requirements – and recommends model standards (or adopt others that demonstrate meet the objectives) Design Basis Threat – Nuclear Industry Malicious Capability Planning Assumptions ONR formally approves Nuclear Site Security Plan (NSSP) compromises a security case and an integrated protection solution (IPS) ONR inspects against the plan

Legislative and Regulatory Framework

Security - continued NSSPs in process of being written by dutyholders.

All Cat 1 sites to have approved plans by November this year. Lower category sites by August Security was more prescriptive than safety but NORMS part of the journey towards more goal-setting approach Inspectors appointed under S19 HSWA – S20 powers as applied by regulation in NISR – some sections of the IRRs HSWA S2 and 3 don’t apply e.g. SFAIRP But where appropriate we consider “as secure as reasonably practicable”

Legislative and Regulatory Framework

Safeguards Safeguards – measures to verify that countries comply with international obligations not to use nuclear materials for nuclear explosives UK safeguards obligations: – Euratom Treaty – Safeguards agreement between UK, IAEA and Euratom in connection Non-Proliferation Treaty The safeguards “regulators” are the international safeguards inspectorates of the IAEA and the European Commission, not ONR

Legislative and Regulatory Framework

Safeguards - continued International safeguards regime: – reporting (declaration) – assessment and inspection (verification). What does ONR do?

– works with Euratom and IAEA inspectorates and UK organisations so that obligations are met in an proportionate manner – fulfils the safeguards related obligations that are the direct responsibility of the UK Government – provides advice and support to DECC and OGDs on safeguards implementation and policy development.

Joined-up Regulation

Programme working; – Same approach to strategy, planning, resource and monitoring, risk and issues management New Operating Model – integrated structures based on matrix working e.g. Sellafield Programme – safety, security, safeguards being integrated into our governance arrangements, all feed into our strategic themes e.g. leadership and management (for 3S), asset management, disciplined operations Security-informed nuclear safety (SINS) team

Joined-up Regulation

Specific Examples Materials Consolidation – Dounreay to Sellafield (one project integrating safety, security, transport, safeguards) “one-stop shop” Generic Design Assessment and New Build (Safety/Security – safeguards piggy-backing) Emergency Arrangements – joint safety and security exercises Security enhancements – potential conflict between security and hazard reduction. What’s the overall holistic solution?

Joined-Up inspection with Euratom on new Pu stores prior to permissioning operations.

Linkage/leverage with licensees – multi-level messaging Reporting and OPEX

Some Thoughts

It’s still a journey – More to do and want to learn from others Main barriers are cultural and our thinking – not legal structures etc.

Need for overall safety/security/safeguards culture Think 3S – Mutual awareness and understanding