Climate Change and Energy Policy in a post-Fukushima world: WHAT DOES THE FUTURE HOLD?

CLIMATE CHANGE AND ENERGY POLICY IN A POST-FUKUSHIMA WORLD: WHAT DOES THE FUTURE HOLD?Reflections of an Environmental and Health and Safety Lawyer

Teresa Hitchcock, Partner

Reflections of an Environmental & Health & Safety Lawyer (1)

My backgroundAn Environmental and Health and Safety Lawyer, not an expert in energy policyStrong interests in promoting sustainable development

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Reflections of an Environmental & Health & Safety Lawyer (2)

Propose to offer some perspectives on:Fukushima as a man-made disaster in the context of a much greater natural disasterHow our respective societies in Japan and the UK differ and implications for reacting to disastersHow this relates to future energy policyHow lessons can be learned that may benefit global energy policy and the need to meet the challenges of climate change

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Perspectives on the Fukushima releases (1)

The incident was a significant nuclear incident resulting from a major natural disaster

Damage from the nuclear releases dwarfed by the greater natural disaster resulting from the Tōhoku earthquake and tsunami

This caused 15,854 deaths, 26,992 injured and 3,155 people missing, with devastating impacts on property and infrastructure

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Perspectives on the Fukushima releases (2)

UK not exposed to risk of natural disasters on the same scale as Japan, but by no means immune

UK area has suffered from tsunamis and storm surges in the past (eg the Storegga landslides and tsunamis, and the East Coast Great Storm of 1953)

Potential risk of significant natural disaster exists (eg potential Canary Islands landslide and megatsunami)

UK not as well placed to react as Japan

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Perspectives on the Fukushima releases (3)

The Big Flood of 1953 estimated as only 1 in 500 year event In consequence Thames Barrier built, which is designed

against a 1 in 1000 year event However downstream and elsewhere on the coast defences

often only meet a 1 in 200 year event or less The assessment of the scale of events is based on

extrapolations from quantified data over a very limited period

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Perspectives on the Fukushima releases (4)

Our societies in the UK and Japan differ Traditionally Japanese society is very disciplined and deferential Also not a litigious society (per capita population of practising

lawyers a fraction of that in the UK) This may have been a contributory factor in the regulatory

background to the Fukushima releases In the past the UK also a very disciplined society but this has

changed Our society now very litigious and lacks confidence in politicians

and regulators

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What does this mean for energy policy? (1)

Fukushima has had a negative effect on nuclear programmes Germany has accelerated its withdrawal from nuclear power Belgium is considering phasing out its plants earlier than expected President Hollande has promised to cut the nuclear share of

France's energy portfolio form 75% of electricity produced to 50%

This is bad news for energy policy, in terms of reducing availability of a source of abundant low-carbon electricity

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What does this mean for energy policy? (2)

The UK is committed to a mixed and balanced energy portfolio 2011 Annual Energy Statement

Electricity supply "From a diverse mix of sources…….including nuclear"

Main sticking point in the UK appears to be financial

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What does this mean for energy policy? (3)

The reality is that we all need some nuclear capacity as part of a balanced energy portfolio

No energy technology is completely safe Nuclear energy is relatively safe, and many of the dangers are

not inherent to the technology but are attributable to human failings

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What does this mean for energy policy? (4)

Reality is that the expanding BRIC economics are going to turn to nuclear power to produce at least part of the portfolio to meet their energy demands

It is therefore in the interest of developed countries like the UK and Japan to get in on the act and encourage the development of safe nuclear technologies

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The way forward (1)

10 April 2012, UK & Japan agreed on a framework on Civil Nuclear co-operation Allows UK companies to be involved in de-commissioning

opportunities in Japan Promotes co-operative in the field of nuclear energy Promotes collaboration on nuclear safety and the sharing of

expertise on regulation Institutes Annual Dialogue

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The way forward (2)

What can the parties bring to the table? Common expertise in nuclear technology Complementary cultures:

The UK can learn from Japanese social organisation in relation to civil protection

A more open and transparent regulatory system can help promote a safety nuclear industry

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CLIMATE CHANGE AND ENERGY POLICY IN A POST-FUKUSHIMA WORLD: WHAT DOES THE FUTURE HOLD?Reflections of an Environmental and Health and Safety Lawyer

Teresa Hitchcock, Partner