7 April 2005 – LAWFUEL – The Law News Network – A large cross-practic…

7 April 2005 – LAWFUEL – The Law News Network – A large cross-practice Herbert Smith team has advised the DTI on the successful launch of the Nuclear Decommissioning Authority (NDA) that was announced on Friday 1 April.

The NDA is now responsible for the decommissioning and clean-up of 18 of the UK’s 19 public sector civil nuclear sites, previously managed by British Nuclear Fuels (BNFL) and the United Kingdom Atomic Energy Authority (UKAEA). These include the Magnox nuclear power stations and Sellafield in West Cumbria.

The cost of decommissioning and cleaning up the “nuclear legacy” is currently estimated at almost £50 billion and will take many years to complete. Herbert Smith has been working for the DTI on this project since winning the assignment in June 2003.

The NDA will not carry out the decommissioning work itself but has contracted out the work initially to BNFL and UKAEA. These contracts will be subject to tender in the future from suitably qualified organisations.

Corporate partner David Willis who is leading the Herbert Smith team commented:

“The successful launch of the NDA and related restructuring of BNFL has allowed us to continue our good working relationship with the DTI, having previously advised them in connection with the Post Office. The establishment of the NDA and the opening up of the nuclear industry to competition will facilitate the clean-up of the UK’s nuclear sites quickly, safely and cost-effectively.”

The Herbert Smith team also includes partners Adrian Clough, Paul Ryan, Julia Pyke, Heather Gething, Ian Gault and James Quinney.

Associates include Karen Fulton, Caroline Powell, Rashmi Vibhuti, Roderick Morton, Philip Beer, Lindsay J’Afari-Pak, Tim Briggs, Gordon Ferguson, Paul Butcher, Sin Wei Ong, Rebecca Barnett, Chris Towner, Andrew Taggart, Adrian Cheng, Olivia Caddy and Soren Nielsen.

The Herbert Smith team worked closely with the DTI Legal team, led by Serena Hardy, who advised on the primary and secondary legislation and public law issues, including state aids.

BNFL was advised by its in-house team, led by Alvin Shuttleworth, and Freshfields (lead partner Sally Roe). UKAEA was advised by Berwin Leighton’s Kenneth Addly.

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