Nuclear policy update paves way for small modular reactors in the UK

Effective and proportionate regulation, and a suitable flexible planning framework, have also been identified by the government as being necessary to support the expansion of the UK’s nuclear sector.

Under a draft new nuclear national policy statement (NPS), EN-7, laid before the UK parliament on Thursday, current limitations on where nuclear sites could be located, and the deployment deadline for new projects, would be removed.

In a written statement issued to the UK parliament, Ed Miliband, secretary of state for energy security and net zero, said the new planning framework “is robust, transparent and agile and will empower developers to identify potentially suitable sites against a robust set of criteria ensuring safety, sustainability and the mitigation of impacts on the host community”.

The draft EN-7, which applies to nuclear fission projects, including gigawatt-scale reactors, SMRs, and advanced modular reactors (AMRs), will be subject to parliamentary scrutiny and public consultation and is expected to be finalised and take effect later this year.

The government said the policy update will help the nuclear industry in Britain to catch-up on other jurisdictions like the EU and China in relation to the planning and development of new nuclear power plants. It sees that development as central to delivering energy security, decarbonisation, and lowering energy costs for consumers and businesses in the UK.

NPSs are documents which guide decision-makers on the application of government policy when determining applications for development consent for ‘nationally significant infrastructure projects’ (NSIPs) under the Planning Act 2008 regime. Different NPSs have been developed in respect of different forms of infrastructure. In relation to energy planning policy specifically, there are multiple NPS’ – each addressing and setting the planning policy framework for different types of energy infrastructure.

The last UK government initiated reforms to all but one of the energy NPSs – including those relating to wind, solar and electricity transmission projects. The nuclear NPS was not part of that round of reforms, although the previous government did consult on policy proposals to adopt a new EN-7 in broadly the same terms as the NPS that has now been laid in parliament – i.e. a criteria-based approach and not site-specific.

Alongside publication of the draft new NPS, the government announced that an independent taskforce has been commissioned to “spearhead improvements to the regulations to help more companies build here”. According to Miliband, the Nuclear Regulatory Taskforce “will examine how to deliver nuclear faster and cost-effectively in support of growth and innovation, while maintaining the UK’s high standards of nuclear safety, security and non-proliferation”. The taskforce is expected to make recommendations to government this summer.

Michael Freeman, an expert in the regulation of the nuclear sector at Pinsent Masons, said: “The policy announcement and draft EN-7 published today are welcome steps forward and will give confidence and certainty to the nuclear sector, its established and developing supply chain, and potential investors.”

“SMRs and other nuclear power infrastructure are an essential part of the UK’s energy mix if the country is to meet its climate change commitments and embrace the digital and AI revolution that is underway. Planning and regulation are often held up as barriers to nuclear progress – perhaps unfairly in a sector which relies so heavily on upholding the highest levels of safety, security and environmental integrity – but the government’s announcement to review and, where possible, streamline those regulatory process without impacting operational standards, is also welcomed,” he said.

Tom Atkins, also of Pinsent Masons, added: “With nuclear often being cited as a more efficient and effective source of clean power by objectors to other forms of low carbon energy generation, it is encouraging to see the government opening up opportunities for new nuclear in the UK, as well as providing greater flexibility and optionality in both its scale and location, while maintain longstanding environmental and security safeguards.”