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NOT PROTECTIVELY MARKED NOT PROTECTIVELY MARKED SCOPING OPINION Proposed Nuclear Development at Hinkley Point C Somerset April 2010 independent impartial inclusive Scoping Opinion for Proposed Nuclear Development at Hinkley Point C Somerset Scoping Opinion for Proposed Nuclear Development at Hinkley Point C Somerset CONTENTS EXECUTIVE SUMMARY .................................................................................3 1.0 INTRODUCTION..................................................................................5 Background................................................................................................................. 5 Other Regulatory Regimes ........................................................................................ 6 Consultation................................................................................................................ 6 Structure of the Document ........................................................................................ 7 2.0 THE PROPOSED DEVELOPMENT .....................................................8 Applicant’s Information ............................................................................................. 8 Commission Comment ............................................................................................ 11 3.0 EIA APPROACH.................................................................................13 Regulatory Background and Good Practice Guidance ........................................ 13 Form of the ES .......................................................................................................... 14 Topic Areas ............................................................................................................... 14 Physical Scope ......................................................................................................... 15 Temporal Scope........................................................................................................ 16 Baseline ..................................................................................................................... 17 Identification of Impacts and Method Statement .................................................. 17 Consultation.............................................................................................................. 22 4.0 EIA TOPICS.......................................................................................23 General ...................................................................................................................... 23 Topics ........................................................................................................................ 25 1 EN010001PREAPP- COR 802 Scoping Opinion for Proposed Nuclear Development at Hinkley Point C Somerset 5.0 OTHER INFORMATION ....................................................................34 Habitats – Appropriate Assessment....................................................................... 34 APPENDIX 1 APPENDIX 2 APPENDIX 3 2 EN010001PREAPP- COR 802 Scoping Opinion for Proposed Nuclear Development at Hinkley Point C Somerset Executive Summary This is the Infrastructure Planning Commission’s (the Commission’s) Scoping Opinion (the opinion) in respect of the content of the environmental statement for a new nuclear power station by EDF Energy at Hinkley Point, Somerset, to be known as Hinkley Point C. This report sets out the Commission’s opinion on the basis of the information provided in EDF Energy’s report entitled ‘Hinkley Point C Proposed Nuclear Development Environmental Impact Assessment Scoping Report’ (January 2010). The opinion can only reflect the proposals as currently described by the applicant. The Commission has consulted on the scoping report and the responses received have been taken into account in adopting this opinion. The Commission is satisfied that the topics identified in the scoping report encompass those matters identified in Schedule 4, Part 1, paragraph 19 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009. The Commission draws attention both to the general points and those made in respect of each of the specialist topics in this opinion. The main issues identified are: • the requirement under the Regulations to provide a Non Technical Summary; • the need to describe the impact assessment methodology, use of legislation and guidelines or best practice, and to explain how the significance of any impacts will be described or assessed; • the need to clearly identify and describe the proposal and any associated development; • the need to consider the cumulative effects with other development in the area; • the need to consider the assessment as a whole and not as a series of unconnected specialist reports; • the potential impacts of the proposals on adjacent internationally and nationally designated sites; • the need to ensure the baseline information is complete and up to date; • the need to identify the physical scope of the assessment and that this is sufficient to enable consideration of the potential impacts; 3 EN010001PREAPP- COR 802 Scoping Opinion for Proposed Nuclear Development at Hinkley Point C Somerset • the potential traffic impacts and transport other than road; • the potential visual impacts; • the potential social impacts, especially during the construction phase; and • the need to consider decommissioning of the proposed development and the cumulative impacts associated with the decommissioning of the existing stations. Matters are not scoped out unless specifically addressed and justified by the applicant and confirmed as being scoped out by the Commission. The Commission recommends that consideration should be given in the environmental statement to any likely significant effects on the environment of another Member State of the European Economic Area. 4 EN010001PREAPP- COR 802 Scoping Opinion for Proposed Nuclear Development at Hinkley Point C Somerset 1.0 INTRODUCTION Background 1.1 On 3 February 2010, the Commission received a scoping report submitted by EDF Energy under Regulation 8 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2263) (the EIA Regs) in order to request a scoping opinion. 1.2 The EIA Regs enable an applicant, before making an application for an order granting development consent, to ask the Commission to state in writing its formal opinion (a ‘scoping opinion’) on the information to be provided in an environmental statement (ES). 1.3 The proposals fall within Schedule 1 development under the EIA Regulations as being a nuclear power station whose maximum output exceeds 1 kilowatt continuous thermal load. An EIA is mandatory for Schedule 1 development. 1.4 In submitting the information included in their request for a scoping opinion, EDF Energy is deemed to have notified the Commission under Regulation 6(1)(b) of the EIA Regulations that it proposes to provide an ES in respect of the proposed nuclear power station at Hinkley Point. The proposed development is determined to be EIA development in accordance with Regulation 4. 1.5 Before adopting a scoping opinion the Commission (or the relevant authority) must take into account: - ‘the specific characteristics of the particular development; - the specific characteristics of the development of the type concerned; - the environmental features likely to be affected by the development’. (EIA Regs 8 (9)) 1.6 This opinion sets out what information the Commission considers should be included in the ES for the proposed nuclear power station. The opinion has taken account of: i the EIA Regs; ii the nature and scale of the proposed development; iii the nature of the receiving environment; and iv current best practice in the preparation of environmental statements. 5 EN010001PREAPP- COR 802 Scoping Opinion for Proposed Nuclear Development at Hinkley Point C Somerset 1.7 The Commission has also taken account of the responses received from the statutory consultees. It has carefully considered the matters addressed by the applicant and has used professional judgement and experience in order to come to this opinion. 1.8 This opinion is made in response to the information in the scoping report submitted with EDF Energy’s request for a scoping opinion under Regulation 8 of the EIA Regs and should be read in conjunction with the scoping report. When considering any application for a development consent