ONR-GDA-AR-11-014 and ONR-OFD-PAR-19-001 | Office for Nuclear Regulation

Date released: 1 July 2020
Request number: 202005011
Release of information under: Freedom of Information Act 2000

Information requested

I am working with Jacobs on a project for the NDA regarding AGR fuel drying. I have identified two reports which might help with looking at other relevant experience.

I am unable to find them in your library and wonder if these documents are available and if you could provide me with a copy.

This is reference 19 to Report ONR-GDA-AR-11-014 TRIM Ref. 2010/80826 - A preliminary assessment of the long-term storage of AP1000 spent fuel. SPR03860/06/10/06 Issue 1. National Nuclear Laboratory Ltd. February 2010
This is reference 14 to Report ONR-OFD-PAR-19-001 (TRIM Ref: 2019/95540) - ONR Project Assessment Report, Assessment of Sizewell B Dry Fuel Store Post Operational Safety Case, Stage Submission 1 Revision 1, NP/SC 7575, EC 338898-1
ONR-OPF-PAR-16-010, ONR Document Reference 2016/294694

Information released

I confirm that under Section 1 of the FOIA, we hold the information related to your request. We have released the two requested documents in part and have attached them to this response.

We have also set out some background information regarding the first document you requested which you may find helpful.

Document One (‘A preliminary assessment of the long-term storage of AP1000 spent fuel’, published in February 2010) was commissioned by ONR’s predecessor body, under a commercial agreement with the National Nuclear Laboratory (NNL) and Westinghouse for the purposes of Westinghouse’s AP1000 Generic Design Assessment (GDA). Statements and conclusions made by NNL in the report informed ONR’s judgements, but do not represent ONR’s regulatory position, either at the time or at this current time on the long term storage of AP1000 fuel. Our final position on AP1000 fuel storage can be found in more recent reports that the one requested which are available publicly on our website.

Some information has been withheld because it contains personal data. The personal data has been withheld using the exemption section 40(2) of the FOIA. In particular, release of the information would breach principle (a) of GDPR (lawfulness, fairness and transparency) on the grounds that there is no lawful basis to process this data. In addition, releasing this personal data would also breach principle (b) of GDPR (purpose limitation) as the data was provided for the purposes of report ownership.

Some information is being withheld under the following sections of the FOIA:

Section 24 FOIA; Safeguarding national security (ICO Guidance)
Section 43 FOIA; Commercial interests (ICO Guidance)

As these are qualified exemptions, we are required to balance the public interest between disclosure and non-disclosure. We have therefore applied the Public Interest Test, as set out below:

Document One - A preliminary assessment of the long-term storage of AP1000 spent fuel

Section 24 FOIA – Safeguarding national security

Section 24 sets out the exemption from the right to know where the information requested is required for the purposes of safeguarding national security. It works to protect national security, which includes protection of potential targets. It allows a public authority not to disclose information if it considers releasing the information would make the UK or its citizens more vulnerable to a national security threat.

Factors for release:

Use of the exemption provides no further information to the public and represents a frustration of ONR’s policy of openness and transparency;
Issues related to the nuclear industry are subject to close scrutiny and debate, there is a public interest in information related to nuclear activities and the release of such information. The information may provide reassurance to the public about the safety of nuclear sites. It may also facilitate the accountability and transparency of ONR for decisions taken by them as a regulator and enforcing authority of the nuclear industry.

Factors against release:

There is a strong public interest in safeguarding national security. Disclosure of information on nuclear security may compromise national security by revealing locations and building information on nuclear facilities to individuals who may be involved in terrorism, and may assist them in carrying out threats or attacks against ONR’s dutyholders and the nuclear industry;
Adversaries or hostile actors can be highly motivated and may go to great lengths to gather separate pieces of intelligence to attempt to expose vulnerabilities;
Paragraph 13 of Section 24(1) makes it clear that there need be no evidence that an attack is imminent for this exemption to be applied.

Conclusion

After careful consideration of the factors set out above, ONR has concluded that the information should be withheld. There is a strong public interest in safeguarding national security. Therefore, it is our judgement that disclosure of the information requested relevant to building numbers and locations would not be in the public interest.

Section 43(2) FOIA – Prejudice to commercial interests

We have considered under Section 43(2) of the FOIA whether there is prejudice to the commercial interests of the external parties in relation to information in the attached documents. As this is a qualified exemption, we are required to balance the public interest between disclosure and non-disclosure. We have therefore applied the Public Interest Test, as set out below:

Factors for release:

Use of the exemption provides no further information to the public and represents a frustration of ONR’s policy of openness and transparency.

Factors against release:

Disclosure of NNL’s proprietary analysis methodology and modelling would prejudice their commercial interests as this information could be used by their competitor institutions to obtain an unfair advantage;
Disclosure of Westinghouse’s proprietary information relating to their AP1000 reactor design and fuel would prejudice their commercial interests as this could inform any competitors about their specialist products and technologies. This would lessen their competitive advantage by distorting competition in this specialist market which would not be in the public interest;
Sharing information on fuel behaviour capabilities, development assessments, and research conclusions would prejudice the third parties’ commercial interests as this would have the effect of distorting competition in this specialist market which would not be in the public interest.

Conclusion

There is a strong public interest in protecting the commercial interests of individual companies and organisations, and ensuring they are able to compete in the market fairly. Publication of the information may prejudice the relevant third parties’ existing and possible future commercial arrangements. As a result, it is in the public interest to withhold the information.

Document Two (ONR Project Assessment Report, Assessment of Sizewell B Dry Fuel Store Post Operational Safety Case, Stage Submission 1 Revision 1)

Section 24 FOIA – Safeguarding national security

Factors for release:

Use of the exemption provides no further information to the public and represents a frustration of ONR’s policy of openness and transparency;
Issues related to the nuclear industry are subject to close scrutiny and debate, there is a public interest in information related to nuclear activities and the release of such information. The information may provide reassurance to the public about the safety of nuclear sites. It may also facilitate the accountability and transparency of ONR for decisions taken by them as a regulator and enforcing authority of the nuclear industry.

Factors against release:

There is a strong public interest in safeguarding national security. Disclosure of information on the security of nuclear fuel and facilities may compromise national security by revealing locations and information on nuclear facilities to individuals who may be involved in terrorism, and may assist them in carrying out threats or attacks against ONR’s dutyholders and the nuclear industry;
Information related to design information which may be of use to terrorists and other hostile actors is exempt from disclosure. Disclosure of the specific design details could provide an adversary with information that enables them to develop intelligence which may help in the planning of malicious attacks and help them defeat security arrangements;
Some information related to security resilience is protected from disclosure under the Anti-Terrorism, Crime and Security Act 2001 for security purposes. This information is exempted from disclosure because it is protected by the absolute exemption that prohibits disclosure;
Adversaries or hostile actors can be highly motivated and may go to great lengths to gather separate pieces of intelligence to attempt to expose vulnerabilities;
Paragraph 13 of Section 24(1) makes it clear that there need be no evidence that an attack is imminent for this exemption to be applied.

Conclusion

After careful consideration of the factors set out above, ONR has concluded that the information should be withheld. On balance, the interests of national security outweigh the need for openness in terms of the specific information that you have requested. There is a strong public interest in safeguarding national security. Therefore, it is our judgement that disclosure of the information requested relevant to the security of nuclear fuel and facilities would not be in the public interest.

Section 43(1) FOIA – Trade secrets

We have considered under Section 43(1) of the FOIA whether information relating to trade secrets is exempt from disclosure. As this is a qualified exemption, we are required to balance the public interest between disclosure and non-disclosure. We have therefore applied the Public Interest Test, as set out below:

Factors for release:

Use of the exemption provides no further information to the public and represents a frustration of ONR’s policy of openness and transparency.

Factors against release:

Disclosing trade secrets about proprietary nuclear fuel processing and storage could cause significant financial and reputational harm to the third party supplier and patent owner;
Disclosing information about a third party’s intellectual property equipment and process on nuclear fuel transport, which is not otherwise readily accessible, would be advantageous to the third party’s rivals in this field, and should therefore be afforded a high level of secrecy.

Conclusion

After careful consideration of the factors set out above, ONR has concluded that the information should be withheld. Disclosure of the information would likely to lead to misappropriation of the third party supplier’s trade secrets by competitors and distort the market in this specialist field. Consequently, releasing the information would not be in the public interest.

Section 43(2) FOIA – Prejudice to commercial interests

We have considered under Section 43(2) of the FOIA whether there is prejudice to the commercial interests of the suppliers in relation to information in the attached documents. As this is a qualified exemption, we are required to balance the public interest between disclosure and non-disclosure. We have therefore applied the Public Interest Test, as set out below:

Factors for release:

Use of the exemption provides no further information to the public and represents a frustration of ONR’s policy of openness and transparency.

Factors against release:

Disclosing detailed information about the preferred supplier’s equipment and process in relation to dry spent fuel storage would prejudice the supplier’s commercial interests as this information could be used by competitors to obtain an advantage in any future bids. This would in turn have the effect of distorting competition in this specialist market which would not be in the public interest.

Conclusion

There is a strong public interest in protecting the commercial interests of individual companies and organisations, and ensuring they are able to compete in the market fairly. Publication of the information may prejudice the third party supplier’s existing and possible future commercial arrangements. As a result, it is in the public interest to withhold the information.

Exemptions applied

24, 40, 43

PIT (Public Interest Test) if applicable

Yes, please see above.