Barriers to deployment: UK regulatory justification for nuclear new build

This article critically examines the UK’s approach to the international principle of justification amidst the ongoing review of the System of Radiological Protection conducted by the International Commission on Radiological Protection (ICRP) and the newly announced UK Nuclear Regulatory Taskforce reviewing the UK’s nuclear regime. It recounts the principle’s journey to legal recognition in the UK, particularly through court cases surrounding activities at the Thermal Oxide Reprocessing Plant (THORP), and its codification into a regulatory mechanism in 2004. By analysing past applications submitted by the Nuclear Industry Association for nuclear new builds, three key challenges emerge: 1) outdated definitions that isolate radiation effects and optimise for the reduction of radiation detriment rather than considering holistic individual and societal well-being, 2) ambiguity regarding what constitutes a ‘class or type of practice’ and the necessary information to achieve higher-level categorisation, and 3) resource constraints causing delays in securing justification decisions. This article explores potential strategies to resolve these issues and advocates for a programmatic approach to regulatory justification for new nuclear reactor designs, complemented by updated guidance documents on the categorisation of nuclear reactor technology, and the option of ‘conditional’ justification. Such an approach could align regulatory justification more closely with ICRP recommendations, de-risk the regulatory decision-making process, and enhance the compatibility of the current mechanism with the UK’s ambitious plans for nuclear expansion and innovation. • A historical account of UK regulatory justification is provided. • A comparative analysis between the ICRP’s principle of justification and the UK regulatory justification mechanism is conducted. • Problems of effectiveness and efficiency are identified based on practical experience with the mechanism. • Strategies to resolve these issues and modernise the mechanism are proposed.