The UK’s nuclear security and safety watchdog
faces what shocked industry insiders are calling “unbelievable” conflicts of
interest, The Independent reported on
27 May. (http://www.independent.co.uk/news/business/news/exclusive-nuclear-regulator-the-onr-accused-of-indefensible-conflict-of-interest-9437012.html)
The newspaper reported that The Office for Nuclear Regulation (ONR) is
receiving technical advice from several of the very companies that it is
supposed to be monitoring, including the US engineering conglomerate Jacobs and
the Ftse 100 stalwart Amec. This has led to accusations that the advice cannot
be viewed as independent. ONR inspects nuclear sites across the country,
including the Atomic Weapons Establishment (AWE) in Berkshire and Hinkley Point
civil energy reactors in Somerset. It recently issued formal cautions to two
workers on Cumbria’s Sellafield, one of the world’s most complicated
decommissioning sites, for an incident that could have exposed themselves or
their colleagues to heightened levels of radiation.
But there are fears that ONR’s efforts to
oversee these hazardous sites could be compromised by contracts it has dished
out for technical support in its assessment work. In early April ONR handed
Jacobs a five-year deal to help the watchdog in areas like assessing external
hazards and decontamination in relation to its work on existing nuclear sites
and future reactor designs. Amec gives advice on complicated issues such as
reactor chemistry and radiation protection, while the consultancy Arup and
building firm Sir Robert McAlpine help on civil engineering issues. All have
extensive nuclear interests in the UK.
Jacobs is part of the consortium that owns
AWE, which builds and maintains the UK’s nuclear defence deterrent, Trident.
Amec is in the consortium looking after the clean-up of Sellafield. Both of
these huge firms are supporting Horizon Nuclear Power with engineering
expertise on proposed plants at Wylfa on the Isle of Anglesey and Oldbury in
south Gloucestershire. Arup worked for the operator RWE Npower on assessing
potential sites for new nuclear power stations in Cumbria. Sir Robert McAlpine
built 13 of Britain’s nuclear plants, such as Sizewell B in Suffolk.
I am accurately quoted in the article as
saying: “It’s so obvious
that this is a conflict of interest, it’s such a straightforward conflict of
interest. This is indefensible.”
I wrote to the ONR in April asking them to explain how companies can
both support the nuclear
industry commercially and suort the industry’s regulator as contracted consultant. Here is what they told
me in reply. I am unconvinced.
Dr Lowry
Thank you
for your query regarding potential conflicts of interest with
a contactor within ONR's Technical Support Framework.
I would like
to reassure that ONR is fully aware of the need to ensure the independence and
integrity of its regulatory activities and decisions. ONR relies on
Technical Support Contractors (TSCs) to undertake assessments and
we recognise that the industry itself is also utilising the TSC pool to
support its own activities. However, ONR would not tolerate a situation
in which a person carrying out assessment for ONR is also working on a related
matter for a current or prospective licensee.
My
staff take steps to ensure that regulatory independence is not
compromised when using contractors within our Technical Support
Framework (TSF) and the industry itself is also acutely aware of
the need to avoid potential conflict of interest where TSC's are used. As
a pre-condition for ONR's selection of a TSC, we seek assurance that the TSC
has robust internal management controls which prevent conflicts of interest
from occurring and the TSC's responsibilities with regard to potential
conflicts of interest are included in the contract that allow it to become part
of the TSF.
With regard
to your comment on "objective regulation", a TSC will be asked
to carry out specific technical assessments for ONR, but the scope
and objectives of the work are specified by ONR, and
TSC outputs and conclusions are considered by suitably qualified
and experienced ONR Inspectors. I am satisfied that where TSC's are used,
my inspectors maintain oversight and control of the work and are readily
able to take intelligent ownership of the reports produced and to
interpret the associated conclusions. Please be assured that ONR
inspectors will continue to make the regulatory decisions and
issue the permissions necessary for us to effectively regulate the duty holders
and ensure the continued safety and security performance of the
industry. This will never be the purview of the TSC.
Should a
potential conflict of interest emerge, we have a clear protocol that
provides a robust process and defines clear criteria against which the emerging conflict
can be judged. It ensures that we can demonstrate to others
that our suppliers are sufficiently impartial to provide support to civil
nuclear regulation. However, ONR reserves the right to terminate the
Contract immediately by notice in writing and/or to take such other steps it
deems necessary where, in the reasonable opinion of ONR, there is or may be an
actual conflict, or a potential conflict.
ONR will
continue to be committed to its policy of openness and transparency as
part of its regulation of the UK nuclear industry, this includes the
publication of Project Assessment Reports (PARs) written in support of our regulatory
decision making, these PAR's will reference all relevant documentation in
support of the decision, including that produced by TSC's. We are also
very open on which organisations form our TSF and where we are utilising
them.
I believe
that ONR has robust arrangements in place to protect against conflicts of
interest arising within the TSF and I trust that the evidence I have
provided allays your concerns in this area.
Regards
Mark Foy
Deputy Chief Inspector &
Director
ONR Civil Nuclear
Reactor Programme
24 April 2014
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