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3. For the purposes of Article 6(1) of the 1996 Directive, subject to regulation 4, the following are justified—
(a)the UK ABWR practice(1); and
(b)any class or type of practice which is—
(i)a development of the UK ABWR practice; and
(ii)so similar to the UK ABWR practice that the balance of benefits and detriments from that class or type of practice does not materially differ from the balance of benefits and detriments from the UK ABWR practice(2).
In July 2014 the Secretary of State determined that the UK ABWR practice was a new class or type of practice for the purposes of the Justification of Practices Involving Ionising Radiation Regulations 2004 (S.I. 2004/1769) details of which determination can be found at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/335499/abwr_justification_consultation_volume_2_decision_document.pdf.
The Secretary of State’s analysis of the benefits and detriments associated with the UK ABWR practice can be found at https://www.gov.uk/guidance-for-operators-of-new-nuclear-power-stations.
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