Environmental Impact Assessment Thesis

Environmental Impact Assessment Review 23 (2003) 197 – 217 www.elsevier.com/locate/eiar

Environmental impact assessment and the decommissioning of nuclear power plants—a review and suggestion for a best practicable approach Alan Bonda,*, Mark Bussellb, Patrick O’Sullivanc,1, Juan Palermd a

EIA Unit, Institute of Biological Sciences, University of Wales, Aberystwyth, Wales SY23 3DD, UK b Oxford Biosphere Ltd., P.O. Box 1122, Oxford OX3 8YS, UK c United Kingdom Nirex Ltd., Curie Avenue, Harwell, Didcot, Oxfordshire, OX11 0RH, UK d ECA S.A., Quatre Camins 9-15, 10B, 08022 Barcelona, Spain Received 1 January 2002; received in revised form 1 September 2002; accepted 1 October 2002

Abstract This paper reviews the current legislative and guidance framework for the Environmental Impact Assessment (EIA) of projects to decommission nuclear power plants. It considers, in particular, the potential use of EIA as a tool for harmonising relevant consent processes across the European Union member states and accession countries. To this end, a best practicable approach for carrying out EIA for the decommissioning of a nuclear installation, based on consultation with a range of stakeholders across the European Union, is proposed which can both lead to better harmonisation by virtue of its practicability, and prevent unnecessary duplication of effort. The approach has been developed in the context of the legal framework provided by the relevant Directives and takes heed of European Commission guidance on various aspects of environmental assessment. It draws on extensive feedback obtained from a 2-day workshop attended by the range of stakeholders

* Corresponding author. Tel.: +44-1970-622-387; fax: +44-1970-622-307. E-mail address: [email protected] (A. Bond). 1 Now at NRG, Westerduinweg 3, P.O. Box 25, 1755 LE Petten, The Netherlands. 0195-9255/02/$ – see front matter D 2002 Elsevier Science Inc. All rights reserved. doi:10.1016/S0195-9255(02)00091-4

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associated with decommissioning activities in 18 countries and the European Commission, and including public representatives. D 2002 Elsevier Science Inc. All rights reserved. Keywords: European Union; Environmental impact assessment; Nuclear power plants; Public participation; Decommissioning

1. Introduction Over 110 nuclear facilities, most of which are nuclear power plants, are at various stages of the decommissioning process in the European Union at the present time and it is forecast that another 160 nuclear facilities will need to be decommissioned in the next 15 years (Vankerckhoven, 1998) (a brief overview of decommissioning nuclear power plants and the alternative strategies available is described by Braeckeveldt, 2001). For each new project involving the decommissioning or significant modification of a nuclear power plant and most research reactors it is now obligatory that ‘development consent’ is granted by an appropriate national competent authority and that an EIA is undertaken prior to that consent being granted (a list of the current status of the sites currently being decommissioned across the EU can be found at http://europa.eu.int/comm/ energy/nuclear/decomm5.htm). The expansion of the European Union to include the Baltic and Central European countries is expected to lead to a rapid increase in the number of facilities to be decommissioned by at least another 50 sites (Vankerckhoven, 1998). Against this background, a collaborative study was undertaken for the Nuclear Safety Unit, now part of the Directorate-General for Energy and Transport, of the European Commission (Ref.: EC Contract B4-3040/99/MAR/C2) on the application of Environmental Impact Assessment (EIA) to the decommissioning of nuclear facilities in EU member states and the applicant countries. This study provided the basis for the information provided in this paper. 1.1. Legislative and guidance context for decommissioning nuclear power plants Nuclear energy is covered by the Euratom Treaty, one of the founding Treaties of the European Union, which came into force on January 1, 1958 and leaves member states the main responsibilities in matters of nuclear safety, largely sidelining the EU institutions (Anon., 2000). The reason for this is that the Euratom Treaty was primarily drafted as a means for facilitating civilian nuclear power programmes, at which time installation safety issues and radioactive waste management were not a paramount public concern. That this is the case is reflected by the fact that the Euratom Treaty has only one specific reference to radioactive waste, in its Article 37 (Taylor, 2000). As a result, there are a wide variety of approaches to nuclear safety issues across the European

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Union. With this being the case, the Environmental Assessment Directive may be seen as a potential means of achieving greater harmonisation, particularly as it already allows for two-way communication with the public when used properly (Forsstro¨m and Taylor, 2000). Indeed, the Environmental Assessment Directive has previously been identified as a potential means of harmonising practice related to the decision-making process in the siting of geological repositories for radioactive waste (see Bond et al., 2001; O’Sullivan et al., 1999a,b). The relevant legal framework at the European level is provided by the Environmental Assessment Directive and Directive 96/29/Euratom on safety standards against the changes arising from ionising radiation (Council of the European Union, 1996) and including specific requirements arising from Article ˚ rhus 37 of that Treaty. In addition, further influence can be expected from the A Convention on access to information, public participation in decision-making and access to justice in environmental matters (United Nations Economic Commission for Europe, 1998) which will require greater public involvement at the earlier stages of the EIA process. Indeed, the European Commission has now adopted a Proposal for a Directive amending the EIA (and other) Directives (Commission of the European Communities, 2001) to take account of the ˚ rhus Convention. Thus, the implications changes which will be required by the A ˚ rhus of the Environmental Assessment Directive, the Euratom Treaty and the A Convention on the decommissioning of nuclear power plants will be considered in turn below. The requirements for EIA within the EU are currently set out in Council Directive 97/11/EC (Council of the European Union, 1997) amending Directive 85/337/EEC (Council of the European Communities, 1985). This Directive already incorporates the requirements of the Espoo Convention covering Environmental Impact Assessment in a Transboundary Context (United Nations Economic Commission for Europe, 1991), and its obligations on member states are set out in Fig. 1. The specific requirements of the Directive have been well covered in other literature and guidance documents and will not be repeated here (see, for example, Bond, 2000; Environmental Resources Management, 2001a,b,c). In the case of decommissioning power reactors and most research reactors an EIA must always be undertaken, following paragraph 2 of Annex I of the Directive, except in exceptional cases covered in Article 2(3). The Directive sets out the minimum contents requirements for an Environmental Impact Statement which documents the EIA itself, and Article 37 of the Euratom Treaty states that member states provide the Commission with ‘general data’ relating to any plan for the disposal of radioactive waste, to allow them to determine whether the plan will cause environmental impacts. On December 6, 1999, the European Commission published a recommendation on the application of this article (Commission of the European Communities, 1999). Section 1, subsection 9, of this Recommendation defines ‘‘any planned

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Fig. 1. The EIA process specified in the Environmental Assessment Directive.

disposal or accidental release of radioactive substance associated with . . . the dismantling of nuclear reactors and reprocessing plants’’ as falling within the Article 37 definition of the disposal of radioactive waste. The same recommendation contains, in Annex 2, what the Commission would expect to see as the ‘general data’ to be submitted prior to decommissioning. This Annex is comprehensive and, although it is a separate requirement from the need for

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EIA, there is scope to save duplication of effort by ensuring that the EIA for decommissioning covers at least the general data specified in this Annex 2, the main headings of which are duplicated in Table 1. In terms of legal obligations imposed by this Commission Recommendation, Article 161 of the Euratom Treaty makes it clear that Recommendations have no binding force. In practice however, the Commission would expect the Recommendation to be followed and could have recourse to Article 38 of the Euratom

Table 1 Main headings of the ‘general data’ to be submitted to the European Commission under Commission Recommendation of December 6, 1999 (Commission of the European Communities, 1999) 1 The site and its surroundings 1.1 Geographical, topographical and geological features of the site and the region 1.2 Hydrology 1.3 Meteorology 1.4 Natural resources and foodstuffs 2 The installation 2.1 Brief description and history of the installation to be dismantled 2.2 Ventilation systems and the treatment of gaseous and airborne wastes 2.3 Liquid waste treatment 2.4 Solid waste treatment 2.5 Containment 3 Release from the installation of airborne radioactive effluents in normal conditions 3.1 Authorisation procedure in force 3.2 Technical aspects 3.3 Monitoring of discharges 3.4 Evaluation of transfer to man 4 Release from the installation of liquid radioactive effluents in normal conditions 4.1 Authorisation procedure in force 4.2 Technical aspects 4.3 Monitoring of discharges 4.4 Evaluation of transfer to man 5 Disposal from the installation of solid radioactive waste 5.1 Categories of solid radioactive wastes and estimated amounts 5.2 Processing and packaging 5.3 Storage arrangements 5.4 Radiological risks to the environment, precautions taken 5.5 Arrangements for the movement and destinations of classified waste transferred off-site 5.6 Criteria for contaminated materials to be released from the requirements of the Basic Safety Standards, for disposal, recycling or reuse 5.7 Envisaged types and amounts of released materials 6 Unplanned releases of radioactive effluents 6.1 Review of accidents of internal and external origin which could result in unplanned releases of radioactive substances 6.2 Reference accident(s) taken into consideration by the competent authorities for evaluating possible radiological consequences in the case of unplanned releases 6.3 Evaluation of the radiological consequences of the reference accident(s) 7 Emergency plans; agreements with other Member States 8 Environmental monitoring

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Treaty, enabling them to issue a Directive requiring a member state to take stipulated measures where the data have not been supplied. ˚ rhus Convention was signed on June 25, 1998 by 39 countries and by The A the European Union and came into force after receiving the 16th ratification on October 30, 2001. ˚ rhus Convention is based upon three principles (Palerm, 1999): The A 

access to environmental information, public participation in environmental decision making,  access to justice. 

˚ rhus Convention sets stricter provisions for public participation than The A those of the Environmental Assessment Directive and these apply to the permitting process of any activity listed in Annex I of the Convention, including the decommissioning of nuclear reactors. The Convention defines ‘the public’ as ‘‘one or more natural or legal persons, and . . . their associations, organisations or groups’’. A separate definition for the ‘public concerned’ is provided as ‘‘the public affected or likely to be affected by, or having an interest in, the environmental decision making; non-governmental organisations promoting environmental protection . . . shall be deemed to have an interest’’. Therefore the public which must be given an opportunity to participate should include any person or group (including NGOs) who have an interest in the decision making process. ˚ rhus Convention concerns public participation in decisions on Article 6 of the A specific activities. Provisions of the article need to be taken into account when deciding on whether proposed activities under Annex I of the Convention should be permitted. The energy sector is the first activity listed in Annex I which refers to nuclear power stations and other nuclear reactors and includes ‘‘the dismantling or decommissioning of such power stations or reactors . . .’’. Article 6 sets more detailed conditions than the Environmental Assessment Directive for notification of the public concerned specifying that this should take place ‘‘by public notice or individually, early in the environmental decision making procedure, and in an adequate, timely and effective manner’’. Palerm (1999) argues that, in the light of empirical best-practice, adequate and effective should be interpreted as going beyond mere publication in an official gazette, probably including the use of mass media as a means of communication. Finally the article states that outcomes of public participation shall be taken into account in the decision and that the content and justification for the decision are made known to the public. In the context of EIA, the Directive only mentions that the opportunity for public participation should occur before development consent is granted, but the ˚ rhus Convention establishes that reasonable time-frames should be employed A and participation should occur early in the process, when all options are open and effective public participation can take place (Article 6.3). This should be inter-

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preted as allowing for public participation before the Environmental Impact Statement (EIS) is produced and, ideally, during a participative scoping phase (Palerm, 1999). In addition to the regulatory framework, there also exists European Commission guidance which includes: 

EIA – Guidance on Screening– June 2001 (Environmental Resources Management, 2001c)  EIA – Guidance on Scoping – June 2001 (Environmental Resources Management, 2001b)  EIA Review Check List – June 2001 (Environmental Resources Management, 2001a)  Guidelines for the Assessment of Indirect and Cumulative Impacts as well as Impact interactions – May 1999 (Walker and Johnston, 1999). So, for the particular case of nuclear power plant decommissioning there will normally be a requirement to produce an Environmental Impact Statement and an Article 37 submission to the European Commission. In addition, nuclear power plants already have an operational requirement to present a safety case, under the International Atomic Energy Agency’s ‘Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management’, which is the licensee’s documented demonstration that the plant is safe to operate (International Atomic Energy Agency, 1997); this convention came into force for those countries which had ratified it (which includes all EU states) on June 18, 2001. There are significant overlaps in the information requirements of the safety case, the Article 37 submission and the Environmental Assessment procedure and therefore considerable scope for removal of duplication. This could be achieved, for example, by incorporating the information requirements of all three procedures into the Environmental Assessment report. Alternatively, common formats for reports supporting the main submissions required by each procedure could be developed, such that the current practice of providing similar information in different formats, e.g. relating to calculated impacts on human health, is avoided.

2. Deriving a best practicable approach EIA is a procedure which aims to provide information to decision makers on the environmental consequences of their decisions on applications for development (Bond, 2000; Glasson et al., 1999; Wathern, 1988; Wood, 1995). A country’s EIA system is often accompanied by guidance on its implementation indicating good practice approaches to meeting the requirements of the procedure as opposed to minimum compliance approaches, for example, the UK Government has produced a general guide to what the EIA procedures mean (Department of the Environment Transport and the Regions/National Assembly for Wales, 2000), and a good

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practice guide to help with the preparation of Environmental Impact Statements compliant with the procedures (Department of the Environment, 1995). Despite the guidance literature that is available, the stark reality is that developers often aim for minimum compliance rather than adopt best practice due to financial constraints. Proving that best practice can be cost effective is difficult. Furthermore, when extended to a European Union scale, even getting agreement on what would constitute good practice across all member states is a huge undertaking, fraught with similar difficulties to the process followed in getting agreement on Directives in the first place. Before the Single European Act amended the Treaty of Rome in 1987, Environmental Directives required unanimity for adoption and therefore allowed each member state a veto over the text—leading to what was termed ‘‘lowest common denominator decision-making’’ (Scott, 1998, p. 7). Since 1987, qualified majority voting and increasing influence of the European Parliament have moved the development of environmental Directives away from this position to one of greater cooperation between the Commission, Council and the European Parliament, but there is still much scope for obligations disliked by member states to be rejected during the negotiation of the text. As such, the challenge is to devise an approach which can be applied by all member states; it therefore needs to be practicable, to comply with all relevant legal frameworks and, if it is to improve practice, it needs to contain as many elements of good practice as can be universally agreed. Thus this paper aims to derive what will be termed a ‘‘best practicable approach’’ for EIA and the decommissioning of nuclear power plants. In deriving a best practicable approach for EIA it is not intended to propose a prescriptive procedure, rather to illustrate an approach that may be helpful for organisations and stakeholders concerned with the EIAs for decommissioning projects. The basic study approach can be broken into three components: (1) To determine, through literature reviews, the mandatory and semi-mandatory legal requirements stemming from Directives, EU Guidance and International Conventions. This review has been summarised in the introduction to this paper. (2) To determine, through literature reviews and web page searches, questionnaire surveys supplemented by direct consultation with key organisations and individuals (nuclear operators, nuclear safety regulators, EIA practitioners, researchers and members of public interest groups) what the current regulatory procedures are for EIA of decommissioning of nuclear power plants in European Union member states and accession countries. The main aim here was to obtain feedback for every one of the study countries and there was no attempt to include views of all stakeholders in determining the legal context. Perceptions and expectations for best practice formed an important study area and involved the review of guidance documents and good practice guides both from the European Commission and from individual member states, and a literature review. To gain comprehensive feedback on the study and the

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approach suggested, the data were collated, analysed, and were then discussed in depth at a two-day workshop (Cassiopee et al., 2001c) which allowed delegates from those countries investigated to test the accuracy of the information, and to debate the proposed approach. This workshop involved 59 participants including nuclear operators, nuclear safety regulators, EIA practitioners, researchers, members of public interest groups, and a number of representatives of the European Commission also took part. This workshop allowed the various stakeholders participating to suggest changes where necessary—the final approach described in this paper incorporates changes made as a result of this workshop. (3) To determine, through case study analysis, what lessons could be learnt from practice of decommissioning and whether elements of good practice could be extracted. Whilst decommissioning is becoming necessary for a large number of nuclear reactors, experience to date is still quite limited. However, a case study was used from each of Germany (Greifswald reactor), Spain (Vandello´s 1 reactor) and the UK (Trawsfynydd reactor); in addition a review was undertaken of case studies of contentious projects in order to identify good practice in public participation and consultation—13 case studies were used drawing on experience from Hungary, Spain, UK, Switzerland, Hong Kong, USA and Japan (detailed in Cassiopee et al., 2001a).

3. An approach for EIA associated with decommissioning a nuclear power plant Based on the legal and guidance framework, case study evidence and consultations, an illustrative approach is detailed in Fig. 2 and essentially comprises 20 stages. In practice, the different stages may be organised differently than proposed here, however it is suggested that all the key elements of the approach are necessary for a successful EIA to be carried out. Each of these stages is numbered and the detail of what is expected, both procedurally and in terms of public participation, is indicated below, along with an explanation of whether the stage has been included through legal obligations or as an element of good practice. 3.1. Steps 1 and 3: Identification of stakeholders and list of stakeholders That the input of stakeholders is vital to the success of the scoping stage and thereby to the entire EIA process, was a clear conclusion both from a review of the regulatory framework (full consultation with the public concerned is required ˚ rhus Convention) and from the consultation undertaken. Good practice by the A dictates that it is important to start by identifying all individuals/organisations wishing to be considered as stakeholders and (subject to their agreement) list their full contact details in a single, publicly available, document. This stage needs to be undertaken at the start of the project and will ideally build upon existing

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Fig. 2. The suggested Environmental Impact Assessment process for a nuclear power plant decommissioning project.

stakeholder contacts. Table 2 is a simple checklist to facilitate the initial identification of stakeholders. 3.2. Step 2: Outline of feasible alternatives Also at the start of the process, and in parallel with the identification of stakeholders to save time, an initial outline of feasible alternatives should be

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Table 2 Checklist for identification of stakeholders . Local residents . Trades unions . Media . Religious groups . Local community groups . Commercial associations . Educational institutions . Non-governmental organisations . Independent experts . National and local government agencies with responsibility for management of natural resources and welfare of people likely to be affected by the project

prepared. These alternatives are later screened, on the basis of criteria agreed by the stakeholders, to obtain a list of the alternative(s) to be assessed in more detail. This step is in line with the requirement of the Environmental Assessment Directive to outline the main alternatives considered, although it goes further than legal obligations in having the stakeholders consider which will be subject to further study and, therefore, which will be outlined in the EIS. 3.3. Step 4: Definition of decision-making procedures and criteria This is the core of the scoping stage and thus the widest support from stakeholders should be sought through active public participation to define the decision-making procedures and criteria to be used during the EIA process. This step goes much further than legal obligations require and meets perceptions of good practice, particularly regarding public involvement. Ideally, a consensus will be reached but, in any case, efforts must be made to integrate stakeholders’ concerns. Face-to-face meetings which allow a two-way communication process (e.g. public meetings, workshops) are preferred to indirect means (e.g. questionnaires, allowing for submission of written comments, surveys, etc.). However, indirect participatory strategies may still be used to complement two-way communication processes. Further details on the participation techniques which may be appropriate at this stage can be found in Cassiopee et al. (2001b). Another aspect to be considered at this point is the definition of the project baseline, specifying the existing situation against which comparisons of potential environmental impacts should be made. It is expected that Steps 1 – 4 would take from 3 to 6 months to complete. The amount of time required depends to a large extent on the degree of support for the decommissioning project. If there are disagreements between stakeholders, repeated meetings may be necessary before reaching an agreement on the scope.

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3.4. Step 5: Alternatives screened according to agreed decision-making criteria A first screening of the proposed (feasible) alternatives should be undertaken as part of the public participation procedure at this stage. As for Step 2, the Environmental Assessment Directive dictates that alternatives outlined should be considered in the EIS, but this step incorporates good practice in that the public are involved in the decision on which alternatives are included for further study. 3.5. Step 6: Public information on agreed decision-making criteria and remaining alternatives The public should be informed about the results of this first part of the scoping stage, i.e. the decision-making procedures and criteria as well as the alternatives selected for further examination. This step ensures that transparency is maintained in the process. The information should be sent directly to the stakeholders who participated in earlier stages and should be made publicly available. At present, this goes further than the Environmental Assessment Directive, but can ˚ rhus Convention. be considered as a requirement under the A 3.6. Step 7: Scoping for impacts of remaining alternatives The remaining alternatives should then be scoped for impacts, in order to select the final alternative(s) for the remainder of the EIA process. This ensures that only alternatives that are technically and financially feasible, socially acceptable and with potentially low environmental impacts are subjected to a detailed assessment. This is a practical requirement to ensure that resources are focused on the ‘main alternatives’ as required by the Environmental Assessment Directive, and involves choosing the option(s) (from the feasible alternatives) best meeting the established decision-making criteria. 3.7. Step 8: Draft scoping report As an element of good practice taken from the US EIA system, a draft scoping report is produced at this stage, establishing the scope of the EIA for the decommissioning project. The draft scoping report will serve as a working document; it should be made publicly available and a scoping meeting organised to discuss it and agree on the final scope of the project. This step is not an obligation of the Environmental Assessment Directive nor is it suggested in EU Guidance; ˚ rhus Convention for greater though it is compatible with the philosophy of the A public participation. The process including the rejection of alternatives not meeting decisionmaking criteria (Step 5) through to the production of the draft scoping report (Step 8) is expected to take approximately 3– 6 months.

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3.8. Steps 9 and 10: Discussion and agreement of draft and final scoping reports As scoping is the key to efficient EIA, helping to focus all resources onto the significant issues of concern, all stakeholders discuss the draft scoping report, and outstanding issues or inaccuracies are pointed out at this stage (Step 9). A notification should be made through the local press as well as by traditional means (e.g. posting notices or use of bulletin boards in public libraries and local authorities). Whilst not a legal obligation under the Environmental Assessment at ˚ rhus Convention and by EU present, this step is, arguably, required by the A Guidance. The information which should be provided to the public in the notification as part of this step is detailed in Table 3. In addition, the previously identified stakeholders should be directly notified of the proceedings and invited to participate in the scoping meeting. Sufficient time should be allowed between notification and the scoping meeting in order to allow the public to study the information and form an opinion. This allows the public an opportunity to express an interest and identify themselves as stakeholders in the process. Two primary means of participation may be used: indirect participation (unilateral) through sending written comments and multilateral participation through a scoping meeting. The scoping meeting serves as a two-way communication forum where the draft scoping document can be discussed and agreed. Care should be taken to ensure the integration of all comments and concerns, and to be flexible and willing to change the scope of the EIA in order to accommodate all major concerns. A final scoping report (Step 10) is then produced and made publicly available ˚ rhus Convention for early in line with good practice and the requirements of the A and effective communication in the environmental decision-making procedure. This report incorporates all the changes agreed to the draft report at the stakeholder meeting, and this document then forms the basis of the EIA to be undertaken. Further scoping meetings may be needed if discrepancies remain to be resolved. If, on the other hand, no major opposition arises, another scoping

Table 3 Information to be provided to the public in notification of scoping meeting . The request for development consent . The fact that the project is subject to an environmental impact assessment . Details of the competent authorities responsible for taking the decision or from which relevant information can be obtained or to which comments (or questions) can be submitted . An indication of what relevant information is accessible to the public concerned and the places where and means by which it will be made available . An invitation to review the information and submit comments, specifying the means to convey the information and the time frames involved . An invitation to attend the scoping meeting, specifying the time and place . Where relevant, the fact that there are transboundary impacts

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meeting may not be necessary and the final scoping report may be prepared. The review of the scoping report should become an iterative process until a document agreeable to all parties is produced. 3.9. Step 11: Determination of the environmental baseline In order to predict the potential environmental impacts of the proposed project, as required by the Environmental Assessment Directive, the initial environmental conditions must be known. Environmental damage varies according to the initial conditions: for example, a given level of emissions may be more damaging in ecologically sensitive zones or may surpass the ecosystem’s tolerance level if the area is already polluted; tall structures may be tolerable in industrial areas but not within a site of outstanding natural beauty. The definition of the baseline conditions (e.g. meteorological conditions, geological formations, groundwater flow direction) also provides data necessary to make impact predictions. Because the same baseline conditions apply to all of the options this step can be started before the full scope of the EIA has been agreed if time is a concern. There may be some unnecessary expenditure incurred but this would be small compared to the wider project and is likely to be more than offset by the benefits of completing this stage early in the process. 3.10. Step 12: Impact identification Potential environmental impacts are identified at this stage, as required by the Environmental Assessment Directive, based on parameters related to the degree of physical and socio-economic impact, as well as according to the public perceptions and values. For each alternative being evaluated, a separate analysis needs to be carried out to determine the likelihood of environmental impacts. 3.11. Step 13: Assessment of the significance of impacts This step considers the implications of the impacts identified previously and assesses their significance, as required by the Environmental Assessment Directive. Significance can be gauged relative to environmental standards or to public perception for some more subjective impacts, and relative to radiological standards as required by Directive 96/29/Euratom and the safety case. Frequent dialogue with stakeholders throughout the Environmental Impact Assessment can, therefore, be very helpful. It is important for this step to include an evaluation of the uncertainties associated with specific assessments. In particular it must be made clear whether predictions represent best estimate or worst case scenarios, although in most cases it will be appropriate to present both.

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3.12. Step 14: Development of mitigation measures One aim of EIA is to try and remove or reduce to acceptable levels all the impacts which may occur as required by the Environmental Assessment Directive. Good practice dictates that the identification of possible mitigation measures must have the agreement of the developer if they are to be included in the EIS. 3.13. Step 15: Listing of residual impacts Mitigation can rarely remove all the identified impacts and a clear statement has to be made about the impacts which would still occur even after the implementation of the mitigation measures. The Environmental Assessment Directive does require that all impacts are described and assessed, but this step makes it very clear where mitigation is not possible or might not be fully effective. 3.14. Step 16: Development of a monitoring plan In recognition of the fact that the evaluation of impacts is subject to uncertainties, it is appropriate to develop a monitoring plan which would be able to check that the residual impacts identified are the only ones which occur. This would ensure that no unexpected impacts arise and that the proposed mitigation measures are working adequately. This goes beyond the requirements of the Environmental Assessment Directive but does meet with perceptions of good practice. If unexpected impacts do arise, this would give an opportunity to take remedial action. The study to evaluate the impacts of the alternatives under investigation (Steps 11 – 16) is expected to last up to 12 months. This timing depends on the information which is already available and that which must be specifically collected (e.g. local meteorological and ecological data). The developer may have an ongoing communication with stakeholders during this phase in order to ensure that their concerns are being properly addressed and that local and expert knowledge have been used effectively. 3.15. Steps 17 and 18: Production of EIS The product of all the environmental studies taking place in Steps 11 –16 is reported in the EIS, which typically is written as the evaluation work is taking place. The EIS is the public report of the study that has taken place and needs to convey the information gathered in an understandable way. After the EIS is produced, it may be issued as a draft version (this is not required by the Environmental Assessment Directive but would be an element of good practice) and subjected to a public review. This review is recommended when the project has proved to be controversial, but the stage may be omitted if there is already a large degree of agreement. After the final EIS is produced

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(Step 17), it must be made publicly available and submitted to the competent authority in line with the requirements of the Environmental Assessment Directive (Step 18). 3.16. Step 19: EIS review Once the EIS has been submitted to the competent authority, it forms part of the information on which a decision is based. As such, it needs to be checked to ensure that appropriate evaluation techniques have been used and that there is no undue bias. (The involvement of stakeholders earlier in the process should make this stage little more than a formality). The EIS review is normally the responsibility of the competent authority. Each country, in line with the obligations of the Environmental Assessment Directive, has defined the procedure for undertaking the EIS review; this normally involves the public (e.g. allowing them to submit comments, organising public meetings or hearings) and/or expert committees such as the EIA Commission in the Netherlands (see Wood, 1995). Sometimes, although the review is formally the responsibility of the competent authority, public meetings may need to be organised by the developer. 3.17. Step 20: Decision Depending on the country, the decision on the EIS may be the sole decision required in order to authorise decommissioning or may be but another source of evidence feeding into the sectoral decision-making process. Decision makers may approve the proposed development, reject it, or approve it subject to meeting certain conditions. In any case, the Environmental Assessment Directive indicates that the decision should be justified and be made publicly available. Once the decision has been made the EIA process can be said to be complete although the monitoring programme must be implemented and the results of this programme must also be made publicly available. If the project is likely to have significant environmental impacts in a neighbouring country, the authorities in such country, as well as that country’s concerned public must be considered stakeholders. In this case, in line with the requirements of the Espoo Convention (United Nations Economic Commission for Europe, 1991), the information and notifications must be translated, if relevant. 3.18. All stages Besides the formal scoping meeting(s) and the formal opportunity to review the final scoping report, the most effective integration of public concerns will occur when they are consulted in an ongoing (though maybe informal) manner. Such ongoing participation can be arranged through an ad hoc organisation, such as a Citizen’s Advisory Committee or through other non-formal means (e.g. open

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houses) and should remain open for new organisations or individuals to join. However, if no major public controversies arise, consultations may be scaled down.

4. Discussion In deciding a strategy for decommissioning it should be appreciated that the cost of different technical and timing options will inevitably be an important consideration. In many countries, for example, sufficient funding may not be available to make immediate dismantling of nuclear power plants a feasible option, regardless of other technical considerations. Such countries may need to establish funds that will grow over time such that dismantling will be undertaken when sufficient funds are available (see, for example, UK Nirex et al., 1999). In countries where nuclear power plants are privately owned, the financial viability of the companies operating the facilities may not allow certain options such as immediate dismantling. The approach discussed above allows such considerations to be taken into account. For example, referring to Fig. 2, the definition of ‘‘feasible’’ should be taken to include technical as well as financial feasibility. Thus the procedure can still be followed, therefore fulfilling legal obligations and using elements of good practice, but at the same time facilitates dialogue with the public over financial constraints to alternatives. Another issue of relevance is the time that should be spent on the consultation. In fact the approach discussed at the 2-day workshop (Cassiopee et al., 2001c) did include a timeline, albeit with some flexibility built in. A timeline has been included in Fig. 2; however, because of the differences in the appropriate approaches to public participation in different countries and also because of the different administrative structures which already have variation in their timelines, this will need to be modified according to circumstance. Inevitably, a suggested approach like this cannot satisfy entirely all the stakeholders involved in a decommissioning project. Some stakeholders, particularly some organisations responsible for decommissioning, were unhappy with the suggested approach as it would impose obligations not formalised in the EIA Directive, thereby increasing the time and expense involved. Fig. 2 tries to accommodate this by including ‘‘optional stages’’ which include the production and review of draft EISs (based on the US system of EIA; see Canter, 1996); the approach incorporates the draft EIS as a good practice stage which is optional to facilitate this view. The workshop involving the stakeholders did support the proposed process, though there was some discussion about the timeline associated with the completion of stages. It is clear that existing administrative procedures in countries vary greatly in terms of the expected timings of some of these stages, and the large range of time allowed for completion of stages allow for this, whilst at the same time indicating that an EIA has to be expected to last 1 –2 years or more for a project of this kind.

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The approach suggested in this paper has been written to fully comply with all the relevant European legislation and guidance and also UNECE Conventions. The process suggested in Fig. 2 clearly takes a long time and is resource intensive, but at the same time such projects can be contentious and clearly have a potential for significant environmental impacts if they are not managed properly. Flexibility has been built into the approach to facilitate the differences in the legislative and administrative procedures which exist in different countries, but the main stages of the approach, including the public participation requirements, provide a means of compliance with all existing EU legislation.

5. Conclusions Whilst negotiations to amend the Environmental Assessment Directive produced some improvements in practice with the amendments in 1997, these fell short of what many would have considered best practice (Bond and Wathern, 1999) and this can probably be explained by the process involved in negotiating a Directive (Scott, 1998). However, events outside the sphere of Directive negotiations are beginning to exert a significant influence on EIA and, specif˚ rhus Convention will require changes to the text in that it requires ically, the A significant enhancement of the public participation procedures within the EIA process. The recent revision of the European Commission’s screening, scoping and review guidance reflects these necessary changes. It is too early to say whether the aim to establish a best-practicable approach for EIA has been met. Certainly an approach has been established which is available as advice on the web pages of the Directorate-General for Energy and Transport of the European Commission, and which can now be applied in practice to determine its effectiveness; the wide consultation carried out means that the approach incorporates the requirements of current legal frameworks and some elements of good practice outlined in guidance whilst being acceptable to at least some of the developers and stakeholders involved in the decommissioning process. Of particular significance is the amount of time which has been set aside for public participation in this proposed approach which exceed the requirements of current legislation in this area. By focussing on practicability, the approach should be capable of achieving greater harmonisation of decision-making procedures relating to decommissioning of nuclear power plants within the European Union as it uses the Environmental Assessment Directive as one of the prime vehicles for gathering all the information needed for the decision process. Indeed, the study is available on the European Commission’s web pages (Cassiopee et al., 2001a,b,c) and is, therefore, available as an approach to be followed by organisations responsible for decommissioning. The approach cannot be considered to represent ‘best practice’ as such an approach would be likely to meet with great resistance from some organ-

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isations responsible for decommissioning, concerned with potential increases in cost and time involved in achieving a decision, particularly where some steps are not legally required. However, by adopting a ‘best practicable’ approach, where legal obligations are met and elements of good practice are included where they are likely to be accepted, it seems logical that the procedure has a better chance of being used, and that greater consistency achieved in this way should lead to greater consistency in the decision-making procedures overall, although evidence would need to be collected to demonstrate any clear relationship. There are clearly limitations to the study which have led to the development of this approach. The study did identify the current legislation related to EIA of nuclear power plant decommissioning, but though three case studies from actual decommissioning projects were used, experience in this area is still limited. In addition, consultation over the approach tried to be inclusive, but certainly focussed on the nuclear industry with public involvement being limited primarily to an association of Mayors from potentially affected communities—their input was extremely useful but may not represent the strength of feeling of other stakeholders in the process. The feeling from the stakeholders present at the workshop was that this approach was workable, though inevitably the stages will be adapted accordingly. Whilst developed for nuclear power plants, there is no reason why this suggested approach cannot be used for any contentious projects where careful planning and good consultation will save time in the long run. As it is applied, experience will be able to develop and improve the approach.

Acknowledgements The ideas presented in this paper were developed as part of a collaborative study undertaken for the Nuclear Safety Unit, now part of the Directorate-General for Energy and Transport, of the European Commission (Ref.: EC Contract B43040/99/MAR/C2) on the application of Environmental Impact Assessment (EIA) to the decommissioning of nuclear facilities in EU member states and the applicant countries. The authors wish to express their gratitude to the Commission services for their helpful comments and advice and also for their permission to produce this paper, but stress that the views presented in the paper are those of the authors and not necessarily those of the Commission. Those organisations involved in the study were the EIA Unit of The University of Wales, Aberystwyth; Cassiopee, a European Economic Interest group formed of the waste management agencies of Belgium, France, Germany, Spain, The Netherlands and United Kingdom; and ECA Global, an environmental consultancy company based in Barcelona.

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