On 18 April 2000 BNFL provided an initial formal response to the two sets of recommendations. The responses set out in general terms what BNFL proposed to do to address each of the 43 recommendations. BNFL then developed these general responses into detailed programmes of work with a dedicated project team to cover both sets of recommendations, MDF and Team Inspection. Each recommendation was given its own "champion". In some cases the same person was responsible for BNFL taking forward action in response to a recommendation from both HSE reports. The aim was to ensure consistency and compatibility between the work being done on the MDF and Team Inspection recommendations. For the Team Inspection recommendations, BNFL developed Task Sheets setting out how it would approach each recommendation and identified what it considered to be the required deliverables. As timescales and deliverables for most of the MDF responses were more plant-specific a modified approach was adopted.
While BNFL was taking forward its detailed project arrangements NII developed its approach to regulating the close-out of the recommendations. This included identifying a lead experienced inspector for each recommendation who was responsible for liaison with the relevant BNFL champion. The inspector is responsible for all aspects of the recommendation but she/he does not operate in isolation. At least one other inspector is involved. In some cases this is a specialist assessor, such as a human factors expert, in others it will be a site inspector. The inspectors not only assess BNFL's written submission but also, invariably, seek evidence by inspecting hardware, or looking at records, or by interviewing BNFL staff and others. If the lead inspector is satisfied with BNFL's response then he/she prepares the case for close-out. This is peer reviewed by another experienced inspector before presenting to the Superintending Inspector to obtain NII management agreement to formal close-out. There is inevitably a time lag between BNFL submitting its case for close-out and NII having assessed the submission, resolved issues with BNFL, verified it by inspection, etc.
In the case of close-out of detailed MDF recommendations, eg automation of the AQL (acceptable quality level) process, the Superintending Inspector is consulted in advance of the proposed close-out which does not proceed if he has any residual concerns.
NII also developed a specific protocol for liaison with BNFL for Team Inspection recommendations, which were mainly of a longer term nature. The protocol sets out the means of communication, how BNFL submits its evidence to NII at various stages, and how NII formally gives its agreement to close-out of a particular recommendation.
Under the protocol :
In addition to the contact between inspectors and BNFL dealing with each recommendation, the Superintending Inspector for the BNFL Chemical Plants Inspection Unit maintains regular contact with the relevant BNFL Project Manager. Project meetings are held approximately monthly to monitor progress and resolve any disagreements.
It is considered that the above arrangements for regulation of BNFL's close-out of the recommendations provides a robust and rigorous approach.
NII is pleased with the vigour and commitment that BNFL as a company has given to addressing NII's concerns. Of particular note has been:
HM Chief Inspector of Nuclear Installations and the Deputy Chief Inspector responsible for the regulation of all of BNFL's UK nuclear sites recently met the BNFL Board (and have met the new Chief Executive several times) and ensured that the BNFL Board fully understand its roles and responsibilities for health & safety. They have also gained personal assurances on BNFL's commitment to delivering the necessary changes.
BNFL has made a good start but there is more to do and now it has to maintain the momentum for change while it continues to operate its plants safely. NII will be looking, in particular, to see evidence that safety culture enhancement has occurred at all levels of management, including middle management level at Sellafield, and that the introduction of the new BNFL corporate and Sellafield independent inspection and compliance functions have had a beneficial impact. NII recognises, however, that many of the changes will take time to take effect.
BNFL has responded to all the 15 NII recommendations. It has made significant changes in:
NII is considering BNFL's response. It welcomes in particular the development of clear separation between the operation and quality functions. This adds confidence of independent scrutiny.
BNFL has decided that MDF future use (subject to NII agreement to the restart) will be limited to supporting the development of Sellafield MOX Plant. It will not be used to manufacture MOX fuels. Nevertheless NII and BNFL have agreed that appropriate responses to all the 15 recommendations is important irrespective of the MDF's future use.
In the case of the MDF report, 8 out of the 15 recommendations have been closed-out using the process outlined above. The recommendations cleared are:
1, 2, 3, 4, 5, 9, 12 and 13
NII considers that adequate progress is being made on the other 7 recommendations.
Significant progress has been made. Of the 28 recommendations 3 have been being closed-out. These are recommendations 1, 3 and 28.
As noted above, close-out only takes place when NII is satisfied that the response to a recommendation has been implemented and is seen to be effective. For example recommendation 3 (involving a single person in charge of the Sellafield site) was not closed out until NII had obtained evidence that the Head of the Sellafield Site was clearly seen to have effective control of the whole site.
NII has agreed with BNFL the scope of the required work for 12 recommendations. NII is discussing with BNFL the scope of the required work for a further 12 recommendations, but this has not yet been fully agreed. Finally, a BNFL request to close out recommendation 20 has not been agreed pending further work by BNFL.
HMNII
7 November 2000
1 This was the position at 7 November 2000. Since then further progress has been made on close-out of MDF recommendations, and on agreeing the scope of work for various Team Inspection recommendations.
Added to the HSE website 21 November 2000