Magnox News 9 February 2009

Magnox North Limited, formally known as Magnox Electric Limited, has been found guilty of three counts under the Radioactive Substances Act 1993 at Chelmsford Crown Court. The following letter has been sent to members of the Local Community Liaison Council by current Bradwell Site Director, Dick Sexton.

Letter to the Local Community Liaison Council – 9 February 2009

Dear LCLC member

At previous meetings of the Local Community Liaison Council, my predecessor informed you of legal action that was being brought against Magnox Electric Limited – the company that had responsibility for the Bradwell Site until October last year – by the Environment Agency. Because of the legal restrictions in place, the information that we have been able to communicate to date has been limited.

The case, which began on 5 January 2009, has focused upon alleged leaks of small amounts of liquid radioactive waste from a sump within the decontamination bay at the Bradwell Site, which were alleged to have occurred between March 1990 and February 2004, when Magnox Electric was the site licence company.

The function of the sump in question was to collect waste water and other aqueous waste which arose from decontamination work undertaken within the decontamination bay.  

The sump itself was constructed in about 1976, when the site was under the control of the Central Electricity Generating Board, who continued to operate Bradwell until March 1990.

In February 2004 the site observed an apparent leak of wash water from the sump. Magnox Electric immediately alerted both the Environment Agency and the Nuclear Installations Inspectorate and, with the full knowledge and agreement of those regulators, the site initiated a detailed and thorough investigation of the matter. 

As part of that investigation Magnox commissioned a number of outside specialist engineering companies to assist in the investigative process. It also conducted a comprehensive review of all of the other sumps on the site, which confirmed their integrity and continued fitness for purpose.

Later that year, the Nuclear Installations Inspectorate decided to take no further action against the company in respect of this matter. However, more than three years later in October 2007, the Environment Agency brought a prosecution against the company.

A total of 13 separate charges were presented to the Court at the beginning of January. At an earlier hearing, the company – accepting that it could have done more to schedule and document regular inspection and maintenance of the sump, and to check the internal condition of the sump so as to prevent any potential for leakage – pleaded guilty to two counts of failure to maintain the sump.

Throughout the proceedings it has been common ground between the Environment Agency and Magnox that there was never any risk to the general public and no prospect of any of the aqueous waste ever leaving the licensed site. It was also agreed between the parties that the alleged breaches of the authorisations resulted in very little harm to the environment.

During the case, the jury were discharged by the Judge from considering eight of the remaining 11 charges, leaving only three charges covering the period of the indictment.

After a five week hearing and more than a day of deliberations, the jury found Magnox guilty of these remaining counts on Friday.

It is important to remember that the charges in this case cover a period going back almost 20 years, when the Bradwell Site was run and operated by very different legal entities to those who have responsibility for managing and operating it today.

Since 2004 very significant improvements have been made to the running of the site and the sump in question has been replaced by one which, by the Environment Agency’s own admission, now meets exacting modern standards.

Magnox North Limited and Magnox South Limited (the company that now holds the licence for the Bradwell Site) take our safety and environmental responsibilities extremely seriously. We will continue to work with our regulators to uphold best practice in these areas.

If you have any concerns or queries, I will be happy to discuss it with you at the next meeting of the LCLC or you can contact us in the meantime.

Dick Sexton
Site Director