19/07/2023
Yesterday, the UK Government launched their plans for reviving the British nuclear industry with the snappily-titled “Great British Nuclear” scheme (GBN). Delivering new and advanced nuclear power was first announced as part of the Government’s Ten Point Plan for a Green Industrial Revolution in November 2020, and the Government hope that a suite of home-grown “green energy” solutions – including nuclear – will cut greenhouse gas emissions while increasing the UK’s energy security in the wake of Russia’s invasion of Ukraine.
The status of nuclear power as a “green energy” source for generating electricity is a contentious issue. Current methods of generating electricity using nuclear power involve nuclear fission, where relatively large atoms are broken apart to release large amounts of stored energy. The energy is then used in a similar manner to conventional power stations to drive an electricity-generating turbine using steam. “Always on” methods of generating electricity – such as conventional power stations, or nuclear power stations – are seen as being crucial for enabling the UK to increasingly rely on renewable energy, as they are able to fill the supply gap when the wind does not blow or the sun does not shine. Unlike conventional power stations, which require burning fuel, nuclear power stations do not emit greenhouse gases, and so are seen by many as the lesser of the two evils. However, the nuclear reactions produce radioactive waste products that can be extremely dangerous and persist for thousands of years. The disasters in Chernobyl, and more recently in Fukushima, remind us that the human and ecological impact of radioactive waste can be devastating.
The Government’s renewed focus on the use of nuclear power therefore hints at the significant geopolitical pressures being faced by policy makers in tackling the escalating climate crisis.
The UK has a long history of nuclear power stations, with the first being opened in 1956. Production peaked during the mid-1990’s, with 26% (12.9 GWe) of the UK’s power coming from nuclear power stations. Many of these early reactors have now been decommissioned and, as of 2023, about 15% (5.8 GWe) of the UK’s electricity generation comes from nuclear power. However, the UK Government have announced plans to raise the capacity of nuclear power stations back up to about 25% (24 GWe) by 2050.
It is hoped that this rapid expansion will be stimulated in part by a competition to secure funding for the development of small modular nuclear reactors (SMRs), which are essentially miniature conventional reactors that can be built in factories, making the construction of nuclear power plants quicker, cheaper, and more scalable. UK innovation in SMRs is currently being led by Rolls Royce, who forecast that their SMR program will create 40,000 jobs and contribute £52 billion to the UK economy by 2050.
The UK Government have also announced £157m in grants, of which up to 77m is allocated to accelerate the development of the UK nuclear industry and advanced nuclear designs. Up to £58m is allocated for developing a new advanced modular reactor (AMR), which operate at higher temperatures than SMRs, and new fuel types. Some companies have already benefitted from these grants. Westinghouse, who operate a nuclear fuel plant in Lancashire, have recently secured £10.5 million in funding to develop innovative nuclear fuel. Westinghouse have recently filed an International patent application (WO2022170322A1) directed towards processing depleted nuclear fuels so that they may be reused in nuclear reactors.
Although not mentioned in the Government announcement, we may see nuclear fusion forming a part of the UK’s nuclear power landscape in the years and decades to come. In fusion reactions, energy is released when small atoms are bound together, and generating electricity with nuclear fusion would hold many advantages over using nuclear fission: much more energy is released per unit of fuel, the fuel for the reactions can be readily obtained from seawater, and – crucially – no long-life radioactive products are produced. Many technical challenges need to be overcome before nuclear fusion reactors are commercially viable, but we are already seeing UK-based companies, such as Tokamak Energy, rise to meet these challenges.
A key consideration for companies trying to obtain funding for advanced nuclear technologies will be securing patent rights for their technology. This is because a patent, or an application for a patent, gives protection to innovators to prevent their ideas from being stolen, and so also provides investors with the confidence to invest in commercialising or developing the technology. We look forward to seeing what new innovations will arise from the British nuclear industry in the years to come.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
