The regulatory justification process for proposed new nuclear power stations in the UK
Produced in partnership with Herbert Smith Freehills
The regulatory justification process for proposed new nuclear power stations in the UK

The following Environment guidance note Produced in partnership with Herbert Smith Freehills provides comprehensive and up to date legal information covering:

  • The regulatory justification process for proposed new nuclear power stations in the UK
  • Brexit impact
  • The international framework
  • Application in the UK
  • The process of regulatory justification for new nuclear builds in the UK
  • Carbon Reduction
  • Security of Supply and other Economic Effects
  • Radiological Health Detriment/Radioactive Waste/Environmental Detriment
  • Euratom and Brexit

Before a nuclear power station can be built, its design must be assessed to find out if the social, economic or other benefits outweigh the health risks or other detriments associated with ionising radiation. This assessment process is known as Regulatory Justification.

Brexit impact

This content is likely to be impacted by the UK’s withdrawal from the EU. For information on how leaving the EU will affect the Great Britain’s (GB) membership of Euratom and the nuclear sector as a whole, see Practice Note: Energy and Brexit-Euratom and the UK Nuclear Sector, which details the background to the Euratom Treaty and the evolving position on the UK’s exit from the Euratom Community as a corollary of Brexit. It includes discussion of Brexit and nuclear research and investment, Brexit and nuclear health and safety standards, Brexit and supply of nuclear fuel, Brexit and nuclear safeguards, Brexit and the nuclear common market, and Brexit and nuclear international agreements. It also discusses the Nuclear Safeguards Act 2018, the Nuclear Safeguards Regulations, and the government’s Brexit White Paper of 12 July 2018.

Although the date and time of withdrawal of the EU (exit day) is fixed in UK law (see: section 20 of the European Union (Withdrawal) Act 2018)), the legal terms of the withdrawal negotiated with the EU are not. That leaves open the