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The minutes of the meeting with GE Hitachi to discuss their BWRX-300 SMR

Date released
15 December 2020
Request number
202010048
Release of information under
Freedom of Information Act 2000

Information requested

The minutes or a transcript of the particular meeting with GE Hitachi, to discuss their BWRX-300 SMR.

Information released

I can confirm that under Section 1 of the FOIA we do hold the information requested. Please find attached 5 documents identified as being in scope of your request, further details of which are included in Annex A.

Personal data has been withheld using the exemption Section 40(2) (Personal information) 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 solely for a record of attending the meeting.

Further information within two of the documents has been withheld under Section 43 (Prejudice to Commercial Interests) of the FOIA. In particular:

  • Section 43(1) of the FOIA provides for information relating to trade secrets to be exempt from disclosure.
  • Section 43(2) exempts information whose disclosure would, or would be likely to, prejudice the commercial interests of any person (an individual, a company, the public authority itself or any other legal entity).

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:

Factors for disclosure:

  • As set out in our Strategy 2020-25, we aim to be an exemplar of transparency and openness to retain, and enhance, the trust and confidence of the workers and public we serve.
  • 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 public have a vested interest in the development of advanced nuclear technologies. The information may provide reassurance to the public about the safety of Mature Technology-Small Modular Reactor (MT-SMR) designs.

Factors against disclosure:

Section 43(1)

  • The early engagement with MT-SMR vendors funded by BEIS provided ONR with an opportunity to communicate regulatory expectations to vendors and for vendors to share information on their designs. The latter information effectively includes trade secrets which have not been widely disseminated nor are widely known. Disclosure of the information would cause harm to third-parties as it would be advantageous to competitors.

Section 43(2)

  • The disclosure of this information would adversely affect the confidentiality of commercial information where such confidentiality is provided by law to protect legitimate economic interest.
  • Disclosing the information provided by GE Hitachi in confidence in relation to the development of their proprietary BWRX-300 SMR project, programme and capabilities could potentially prejudice the supplier’s commercial interests by distorting this specialist international research and development sector.
  • We also consider that the release of this information could undermine trust in our future relationship with the interest in question. This relationship serves the public interest and maintaining open and constructive discussions with all parties is important.
  • No regulatory assessment of the BWRX-300 has been undertaken. Therefore, we have not made any judgements on the design. It should be noted that should regulatory assessment of GE-Hitachi’s proposals be carried out in the future, for example in a Generic Design Assessment (GDA), ONR assessments and judgements would be published in full line with the extant approach on our website.

Conclusion:

After careful consideration of the factors set out above, ONR has concluded that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Disclosure would prejudice the commercial interests of GE-Hitachi and assist its competitors. As any formal consideration of the BWRX-300 design in a GB context that may or may not take place in the future would involve regulatory assessment and judgements by ONR, which are documented in public documents, any public interest associated with the release of GE-Hitachi’s commercial information at this time is significantly diminished.

Exemptions applied

Section 40(2), Section 43(1) and Section 43(2)

PIT (Public Interest Test) if applicable

Yes, please see above.