Select Committee on Trade and Industry Ninth Report


V REPROCESSING

Origins

  46. Reprocessing of irradiated fuel began at Sellafield in the 1950s principally as a means of obtaining plutonium for the military programme. In 1964, a new plant opened, designed exclusively to reprocess used fuel from the Magnox power stations. Magnox fuel could not safely be stored for long in water; corrosion of the cans holding the irradiated fuel element led to the leaching out of radioactive materials, necessitating the discharge of the contaminated water to the sea. Dry storage was at that time ruled out for other reasons. Magnox reprocessing continues at Sellafield at a rate of over 1000 tonnes a year and will do so for as long as the Magnox stations run, and indeed thereafter.[75]

THORP

  47. Oxide fuel from the new AGR power stations in the UK was originally reprocessed in small quantities at the Head End plant attached to the former military reprocessing facility. When BNFL was established in 1971, several overseas contracts had been won for reprocessing oxide fuels there. In 1973 the Head End plant had to be closed, however, leaving BNFL with several hundred tonnes of overseas fuel which it was contractually obliged to reprocess. The company saw growing demand for reprocessing from Germany and Japan in particular, and developed its plans for a large reprocessing plant for oxide fuels, the Thermal Oxide Reprocessing Plant (THORP). Following a public debate on the plans, the then Secretary of State for Energy Tony Benn announced in March 1976 the Government's agreement to BNFL taking on further reprocessing contracts from overseas, subject to return of the radioactive wastes to the country of origin. After a lengthy public inquiry, planning permission for THORP was given in January 1978. Following a further major Government review of the viability of the project in 1993, including a study by Touche Ross, THORP was permitted to open.

48. The reprocessing of spent oxide fuels in THORP represents a significant part of BNFL's planned activities and anticipated profits for the next 10 years.[76] Around half of the anticipated £500 million profit from its first 10 year "baseload" period of operation is still to come.[77] Thereafter, BNFL expects to continue operation of THORP for a number of years, based on "robust"contracts with German utilities and with British Energy.[78] The THORP plant has recently had more than its fair share of engineering problems. It was shut down for several months in 1998, and again in 1999. Its performance in the recently completed financial year, of reprocessing over 830 tonnes of uranium, has been good.[79] The company remains confident that around 7,000 tonnes of spent fuel will be reprocessed by or shortly after the 2004 target date. Over 2,700 of the 7,000 tonnes have been reprocessed so far.[80] Were it to fail to meet the target, the only significant consequence would be deferral of the revenue and profit arising.[81]

Future

  49. The Government remains committed to reprocessing at Sellafield.[82] The new management of BNFL is engaged in a wide-ranging strategic review of the company's direction, in preparation for production of a new Corporate Plan in the summer. In the course of that, alternative strategies will be looked at.[83] The Chairman of BNFL has however, made it clear that the company would not want to drop a viable and profitable business.

50. There are nonetheless challenges to the future of reprocessing in THORP which have to be faced, and which require resolution before BNFL can enter into a PPP. There is a weight of opposition to reprocessing on grounds of public policy, principally because of the plutonium produced thereby: because of the nature of the other waste products: and because of the resultant discharges to air and sea. Although nothing has happened in the recent past to strengthen or weaken these arguments, the dispute persists. Nobody would want to buy into BNFL without a clear understanding of the Government's stance on reprocessing at THORP, and of the extent to which the regulatory regime might in future years so constrain reprocessing at THORP as to render it impracticable.[84]

Japanese utilities

  51. 40 per cent of the contracted baseload tonnage (2,673 out of 7,000) comes from Japanese utilities. There is no evidence that the utilities have any particular concerns with reprocessing. All the Japanese baseload fuel has been delivered to Sellafield. The principal concern is over contracts with Japanese utilities for contracts in the post-baseload period, from 2004.[85] The utilities have an alternative available, COGEMA's plant at La Hague, which already reprocesses spent Japanese fuel. We understand that Japanese reprocessing facilities are intended to be ready within a few years to reprocess broadly similar annual volumes of spent fuel to THORP, although well below projected overall Japanese spent fuel levels. There is also the more distant possibility that Japanese public opinion may eventually turn away from reprocessing towards long-term storage of spent fuel. Problems over the return to Japan of the plutonium arising in Mox fuel could in due course lead to a rethink of reprocessing. BNFL will have to restore the confidence of Japanese utilities in the company if it is to win reprocessing contracts for the post-2004 period, against competition from France.

British Energy

  52. 30 per cent of the contracted baseload tonnage(2,158 out of 7,000) and 2,100 tonnes of the post-baseload contracts are attributable to spent fuel from the UK's AGR reactors. Since July 1996 these have been operated in the private sector by British Energy (BE). Some of the relevant contracts, however, date back to the 1980s and beyond, signed in what BE referred to in its evidence as "a public sector monopolistic environment".[86] Under these contracts, the used fuel is to be reprocessed. 3,400 tonnes have been delivered so far, of which 1,160 tonnes have been reprocessed. Reprocessing of the baseload contract fuel is paid for on account by BE, at a recent annual rate of around £300 million a year.[87] Thereafter, payment is essentially on delivery. The contracts were revised in 1995 and 1997, giving BE more favourable financial terms.

53. For the remaining estimated lifetime spent fuel arising from BE's AGR reactors, of around 3,500 tonnes, there are two contracts —

  • for two-thirds of the tonnage, a contract leaving BNFL the choice as to whether to store or to reprocess the spent fuel
  • for the rest of the tonnage, a long term storage contract.

54. BE has made it clear that it would prefer storage-only arrangements for its used fuel.[88] It has no plans to use Mox fuel made from the plutonium produced by reprocessing.[89] Storage is substantially cheaper for BE, by a factor of 3, based on the costs BE is charged by BNFL for storage as against reprocessing. Were there to be less fuel reprocessed and more stored, there is however no guarantee that there would be anything like the same price difference. BNFL indeed suggested that an initial look suggests very little difference.[90] For that part of the post-baseload spent fuel where it is left to BNFL to decide whether or not to reprocess, there is no obvious reason for BNFL to choose to reprocess rather than store it, since it receives the same payment. BE seek more flexibility as to how much of its spent fuel is stored and how much is reprocessed and would like to renegotiate the contracts, without wishing to close off the reprocessing option.[91] For BNFL, with large sunk costs in THORP and fixed overheads to maintain, there is little commercial incentive to release BE from reprocessing contracts. Contracts must be respected. British Energy's preference for storage over reprocessing is based on understandable financial grounds. Its shareholders were well aware of the renegotiated contracts when they purchased shares. It is however an unhappy state of affairs where BNFL feels obliged to insist on carrying out work for its largest single customer against its expressed preference.

Germany

General

  55. 14 per cent (969 tonnes of uranium out of 7,000) of the baseload contract was for used fuel from German utilities. Further tonnage of about 2,000 tonnes has been similarly contracted for in the post-baseload period. Around 600 tonnes of the baseload tonnage has been delivered; some has been reprocessed and the programme of reprocessing continues. The German utilities have already paid on account for much of the baseload reprocessing. Used fuel from Germany raises several separate but related problems.

Transport

  56. In May 1998, transport of spent fuel from Germany to France and the UK was suspended by the German Government because of concerns at contamination of some of the French flasks used. BNFL emphasises that it was "the unwilling and unfortunate victim of another's problems",[92] that it "does not believe that there are sound technical or legal reasons for the suspension of BNFL transports" and that it "sees no reasons for the German regulatory authorities to further delay the restart of spent fuel transports".[93] BNFL and Ministers are still engaged in discussions on the ban.[94] Mrs Liddell told us that she had impressed upon the German authorities the safety of the flasks used.[95] Until the ban is lifted, it remains uncertain when the remaining 400 tonnes of spent fuel due to be reprocessed under the baseload contract will be delivered. BNFL told us that it had

    "very recently met with most of its German customers, they reaffirmed their intent to honour contracts and are planning for the outstanding deliveries to be completed."[96]

Reprocessing

  57. In the summer of 1998, a new coalition Government came to power in Germany, and agreed in general terms to a policy of phasing out of nuclear power generation and termination of reprocessing of spent German fuel. In early 1999 the German Environment Minister, Mr Trittin, came to the UK to seek to take this forward. After clarification of the contractual situation and of the significance of the inter-governmental exchange of letters, the question of ending the reprocessing of German fuel at Sellafield seems to have been shelved, albeit temporarily. It remains unclear how the Governments, the private German utilities and BNFL would sort out the financial implications were the spent fuel not to be delivered and the contracts abrogated. Much of the money has been paid in advance for the baseload fuel. In the event of the contracts being interrupted, the utilities would expect to be repaid a substantial sum.[97] As regards the post-baseload fuel contracts, the Commercial Director of the BNFL THORP Group told us —

    "There must be some kind of question mark over whether we receive the German business, although our contracts are robustly written and we can probably receive money if we do not receive fuel .......".[98]

The prospects of new post-baseload contracts with German utilities are evidently slight at present.

Return of waste

  58. There is a third area of uncertainty requiring resolution: the destination of any German (or other overseas) spent fuel delivered to Sellafield but not as yet reprocessed, and of the products of reprocessing. Some of the waste streams arising from reprocessing may not in practice be returned to the country of origin. Spent fuel and the products of reprocessing — plutonium and uranium — can reasonably be retained in the UK for a short period. They cannot however remain indefinitely here. If Germany does not want spent fuel to be reprocessed at Sellafield, for whatever reason, it must pay the costs of any breach of contract. It must also accept back as soon as can practically be arranged any delivered material not reprocessed and the products of past reprocessing, at least radiologically equivalent to that originally delivered.

Conclusion

  59. BNFL and successive Governments seem to have embarked on reprocessing on the current scale based on a number of what have turned out to be false premises—

60. Circumstances have changed considerably in recent years —

61. It has been suggested that BNFL's reprocessing contracts could and should be renegotiated to storage contracts, using recent technologies such as vitrification: and that BNFL could actually profit from such a change.[100] It is likely that this will be one of the issues examined by BNFL in its strategic review. The proposal begs several questions: the ultimate destination of the overseas used fuel to be stored, the doubtful assumptions made on the cost of storage, and the acceptability to the regulators and local authorities of a switch to storage. It must be recognised that a complex and expensive chemical engineering plant designed to reprocess used nuclear fuels cannot simply be used as a medium or long-term storage facility for used fuel, and that the authority of regulators and consent of the local population cannot be taken for granted. It is not necessarily profitable for the owners of a chemical plant to see it converted into a storage site. Those best placed to judge the commercial viability of such a strategy are the Board of BNFL. BNFL should address in its Corporate Plan the prospects of reprocessing over the next four years to the end of the baseload contract period in 2004, and identify the commercial implications of any shift in policy from reprocessing to storage. If a PPP were to proceed, one of the first tasks for a new Board would be to examine the question of reprocessing at THORP from a fresh and more commercially-oriented perspective.

62. The wider debate on the future of reprocessing is to some degree independent of the question on the future status of BNFL. It began before the issue of a PPP for BNFL was raised, and it is likely to continue for some time. A consultation on the future of reprocessing at Dounreay is already under way, with one of the options being long-term storage. The outcome of that consultation is likely to be a straw in the wind. A degree of certainty as to the future of reprocessing in the UK is a prerequisite for any valuation of BNFL for the purposes of a PPP. It is therefore no longer sufficient to rely simply on reassertion of the importance of BNFL's forward order book, of the number of jobs directly or indirectly attributed to the operation of THORP, and of BNFL's liability to repay money paid on account by its customers for THORP. The Government should clarify in the course of this year its policy on reprocessing of oxide fuels at the Sellafield THORP plant, particularly in the period after 2004: and the extent to which the Government remains committed to the policy enunciated by Mr Benn in 1976 that BNFL should actively seek reprocessing contracts from overseas, subject to return of radioactive wastes.


75  Ev, p 79, A5 Back

76  Eg Q 248 Back

77  Q 256 Back

78  Q 354  Back

79  Q 236 Back

80  Ev, p 81, C Back

81  Q 261-2: Ev, p 103 Back

82  Qq 351-2: HC Deb, 29 Mar 00, col 336 Back

83  Qq 249-252; Ev, p 62, para 8 Back

84  Q 247-8 Back

85  Q 246 Back

86  Ev, p 25, para 24 Back

87  Qq 119ff Back

88  Qq 132ff Back

89  Qq 147-9 Back

90  Q 243: Ev, p 85 Back

91  Qq 133, 137-8 Back

92  Q 263 Back

93  Ev, p 80, Answer B Back

94  Ibid Back

95  Q 353 Back

96  Ev, p 80, Answer B Back

97  Q 351 Back

98  Q 245, italics added  Back

99  Ev, p 78, A3 & Qq 266-269 Back

100  Eg Ev, p 46, paras 15ff & Qq 204ff Back


 
previous page contents next page

House of Commons home page Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2000
Prepared 25 May 2000