Grŵp Cyfeirio Rhanddeiliaid Hinkley Point C Hinkley Point C Stakeholder Reference Group Rt Hon. Mark Drakeford MS First Minister Welsh Government ps 22 December 2020 Dear Mark I am writing to outline the progress made by the Hinkley Point C Stakeholder Reference Group this year. Since the inception meeting in July, which you kindly attended to set out your vision for our work, the Group has met a further five times and has made significant progress in understanding the main issues for Wales arising from the Hinkley Point C development. The Group has met with, and received evidence from, a range of stakeholders and I am confident that our first report to you will reflect those views and provide a thorough analysis of the various issues that have been raised. The Group has held virtual meetings each month and I have been very pleased with how well the format has worked. Meeting virtually has enabled us to attract and retain members with real expertise in their fields, and to reach key personnel within stakeholder organisations. In the periods between meetings, the members have been active in sharing information, drafting papers and developing lines of inquiry to raise with stakeholders. The Group has been successful in developing good relationships with a number of the organisations involved in, or with an interest in, Hinkley Point C. In the course of our inquiries the Group has engaged with, among others, the Geiger Bay campaign group, Natural Resources Wales, the Environment Agency, Cefas, the Devon & Severn Inshore Fisheries Conservation Authority, the Office for Nuclear Regulation as well as the developers, EDF. The Group’s inquiries have led to the identification of six areas we believe should be a priority for the Welsh Government. In each of these six areas we will consider impacts on the environment, on health, on current and future generations: The resilience of the Severn Estuary marine ecosystem. The Hinkley Point C development is a major additional pressure on the internationally significant estuarine ecosystem and the Group has gained an understanding of its potential impacts on fish populations and is examining other potential adverse impacts from the development. Parc Cathays, Caerdydd CF10 3NQ Cathays Park, Cardiff CF10 3NQ [email protected] / [email protected] Gwefan ● website: https://gov.wales/hinkley-point-c- stakeholder-reference-group The environment and public health implications of the use of Cardiff Grounds marine disposal site for dredged material from Hinkley Point C. The status and use of the Cardiff Grounds marine disposal site in the Severn Estuary for dredged material, including from Hinkley Point C. The Group has been examining the evidence regarding the content and dispersal of material from this site and is also keen to understand the cumulative impacts arising from its use by different operators. Emergency and contingency planning. The Group has not yet identified any public record of emergency plans, though there is guidance to suggest how such plans should look. The Group has engaged with the Office for Nuclear Regulation and will be engaging with relevant Welsh and English local authorities, to ascertain the true picture. The use of legal powers held by the Welsh Government and its agencies. The Group continues to explore what powers are available to Welsh Government and the impact that delegation of these powers may have on public confidence, protection of the environment, human health and other aspects of wellbeing. The Group has twice written to the Counsel General with questions on this subject. The independence of agencies in the development process. There are a relatively small number of organisations and scientists with the particular range and depth of skills needed for the regulation and delivery of complex marine projects. Relying on them to perform multiple roles can create a perception of a lack of independence which agencies take a range of measures to mitigate. The Group intends to explore this area further to establish whether arrangements can be strengthened to maximise public confidence. Cross-border relations and arrangements. This area crosses into several of the above points but the Group considers this a more general issue worthy of exploration, to establish the nature and functioning of the cross border interagency relationships which are required to deliver Welsh interests effectively. Our intention is to provide you with a report in March, setting out our assessment of these issues, with advice on how the Welsh Government may act to protect the interests of the environment and people of Wales. The report will be evidence based and is likely to be structured around these six areas, while recognising the linkages between them. We are continuing to gather evidence and the Group has three further meetings scheduled before the report will be finalised and published. Those meetings will be used to finalise our inquiries, to seek further evidence from some stakeholders we have already heard from, and to seek evidence from a small number of stakeholders whose views we have not yet heard. Best wishes for Christmas and the New Year, Jane Davidson Cadeirydd, Grŵp Cyfeirio Rhanddeiliaid Hinkley Point C Chair, Hinkley Point C Stakeholder Reference Group Y Gwir Anrh/Rt Hon Mark Drakeford AS/MS Prif Weinidog Cymru/First Minister of Wales Jane Davidson Chair, Hinkley Point C Stakeholder Reference Group [email protected] 12 February 2021 Dear Jane I am writing in response to your letter of 22 December outlining the excellent progress made by the Hinkley Point C Stakeholder Reference Group since its inception last July. It is clear the Group has established an effective working pattern and, more importantly, has quickly identified and understood issues of real significance for the people and environment of Wales associated with the Hinkley Point C development. I very much welcome the Group’s commitment to producing an evidence-based report with a focus on actions the Welsh Government can take to protect and enhance our environment. The breadth of the priority areas identified by the Group is a reflection of the scale and significance of the project, and its potential to impact on Wales in a multitude of ways. I look forward to receiving your report in due course and I will consider the evidence you have gathered and the conclusions you reach with much interest. Best wishes MARK DRAKEFORD Bae Caerdydd • Cardiff Bay Canolfan Cyswllt Cyntaf / First Point of Contact Centre: Caerdydd • Cardiff 0300 0604400 CF99 1SN [email protected] • [email protected] Rydym yn croesawu derbyn gohebiaeth yn Gymraeg. Byddwn yn ateb gohebiaeth a dderbynnir yn Gymraeg yn Gymraeg ac ni fydd gohebu yn Gymraeg yn arwain at oedi. We welcome receiving correspondence in Welsh. Any correspondence received in Welsh will be answered in Welsh and corresponding in Welsh will not lead to a delay in responding. Grŵp Cyfeirio Rhanddeiliaid Hinkley Point C Hinkley Point C Stakeholder Reference Group Jeremy Miles MS Counsel General [email protected] 29 September 2020 Dear Counsel General, You will be aware that I have been appointed by the First Minister to chair an expert group providing advice on the implications to Wales of the Hinkley Point C nuclear power station. I attach the membership, terms of reference and agreed ways of working for your information. The Group was established in July and it meets on a monthly basis. The Group is currently gathering evidence from key agencies involved in the development process and from the organisations with responsibilities for permitting and licensing the development activities. In the course of the Group’s discussions to date it is clear to us that some uncertainty surrounds the legal powers available, and the legal duties that apply to, Welsh Ministers in this area. Although the development is located in Somerset, and has obtained a Development Consent Order from the UK Government (in March 2013, by the then Secretary of State for Energy and Climate Change), there are aspects of the development process which require clarity, at both the national and local level to ensure the protection of Welsh interests. The most significant of these responsibilities, in a Welsh context and at the current point in time, is the potential determination of an application for a marine licence to dispose of sediment at the Cardiff Grounds in Welsh waters. EDF have commenced a process in which it hopes to obtain a licence from Natural Resources Wales early next year. The Group would be grateful for your summary of the powers conferred to Welsh Ministers, and delegated to Natural Resources Wales, in this area and any views you might have in your role as to whether the delegation/duties sit in the right place. I would also be very interested in your view on how the Well-being of Future Generations (Wales) Act and the Environment (Wales) Act apply in the discharging of Welsh Ministers’ powers in relation to marine licences in particular and other aspects of the development in general. Parc Cathays, Caerdydd CF10 3NQ Cathays Park, Cardiff CF10 3NQ [email protected] Gwefan ● website: https://gov.wales/hinkley-point-c- stakeholder-reference-group I would also be grateful for your assessment of any legal duties that sit with local authorities, and indeed the Welsh Government, in relation to emergency planning arrangements, arising from proximity to Hinkley Point C. We understand that there is a requirement for the lead local authority to consult and notify others with a relevant interest e.g. some local authorities in south Wales should expect to be consulted and notified of relevant developments at Hinkley, but we are less clear on the legislative requirements on those authorities once they receive due notice from the lead local authority of matters that may affect their area.