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

The following Energy practice 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—Euratom and the UK Nuclear Sector
  • The international framework
  • Application in the UK
  • The process of regulatory justification for new nuclear builds in the UK
  • Carbon Reduction
  • The Nuclear Sector Deal and other Economic Effects
  • Security of the supply

The regulatory justification process for proposed new nuclear power stations in the UK

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—Euratom and the UK Nuclear Sector

As of 31 January 2020 (exit day), the UK ceased to be an EU Member State. However, at this point in time, the UK entered a transition/implementation period during which it continued to be treated by the EU as a Member State for many purposes. The UK’s exit from the EU also meant the UK’s exit from the Euratom Community. 11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. The UK’s exit from the EU also meant the UK’s exit from Euratom. Any changes relevant to this content will be set out below.

On 24 December 2020, the UK government announced it had agreed the EU-UK Trade and Co-operation Agreement (TCA), which is supplemented by a number of associated declarations and agreements including a separate Nuclear Co-operation Agreement

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