Act no. 2006-739 dated 28 June 2006 provided for a dedicated storage centre for Low-Level Long-Lived waste (LLW-LL), such as graphite. ANDRA submitted a progress report in July 2015 under the national plan for the management of radioactive materials and radioactive waste (PNGMDR). This report assesses several storage concepts and allows for the possibility of storage of graphite waste on the Soulaines site. The overall industrial scheme for the management of all LLW-LL is being defined within the framework of the PNGMDR (see section 1.4.1.1.2.3 “The challenges specific to the nuclear activity”). Provisions may have to be adjusted accordingly.
In the United Kingdom, when British Energy was restructured, agreements were entered into with the authorities concerning the management of certain radioactive waste from existing nuclear power plants (see section 1.4.5.1.2.2 “Nuclear generation”). Under the terms of these agreements, the liability and certain costs associated with the management of certain radioactive waste are transferred to the British government. However, EDF Energy Nuclear Generation Ltd. remains financially, technically and legally liable for the management, storage and processing of waste that does not come within the scope of the aforementioned agreements.
For nuclear power plants which EDF does not operate, but in which it has financial interests (United States, Belgium, China), the Group is exposed financially in proportion to its shareholding to contributing to future expenditures related to the management of spent fuel and waste.
These technical, industrial or administrative uncertainties and contingencies which might affect decommissioning projects and waste management could have an impact on the amount of provisions currently set aside. This amount could also change in the coming years depending on the assumptions used in terms of costs, inflation rate, long-term discount rate and disbursement schedules, as well as any changes in regulations. All of this may have a material adverse impact on the Group’s financial position (see note 15.1 of the appendix to the consolidated financial statements for the fiscal year ended 31 December 2020).The amount of these provisions, in accordance with the French Environmental Code, is subject in France to control by the administrative authority, composed jointly of the Ministers in charge of the Economy and Energy, with said control verifying in particular the adequacy of the amounts provided for and imposing a ceiling on the discount rate of the provisions.
Note 15.1.1.5 “Inflation rate, discount rate and analyses of sensitivity” of note 15.1“Nuclear provisions in France” of the appendix to the consolidated financial statements as of 31 December 2020 shows the connection between “costs based on year-end economic conditions”, which represent estimated amounts as at 31 December 2020, and provisions made at present value. Concerning the long-term management of waste and the recovery and packaging of waste, the expenses at year-end economic conditions are evaluated at €35,581 million and the corresponding provision is €13,300 million, as the discounting effect is very significant due to distant waste storage maturities. Note 15.1.1.5 “Inflation rate, discount rate and analyses of sensitivity” indicates the analyses of sensitivity of provisions and Group’s results to a discount rate change, for the different types of provisions.
Failure to control the costs and time-frames for completion with respect to the solutions for the treatment and ultimate storage of waste for which the Group is liable would have a negative impact on the Group’s financial position and reputation.
In France, the market value of EDF’s portfolio of dedicated assets to cover the costs of long-term nuclear commitments (radioactive waste and decommissioning), amounted to €33.8 billion as of 31 December 2020, compared to €31.6 billion as of 31 December 2019 (see section 1.4.1.1.2.3 “The challenges specific to the nuclear activity” and note 15.1.2.4 of the appendix to the consolidated financial statements for the year ended 31 December 2020).
In the event of a significant change in the provisions determining the reference base of the dedicated assets, it might prove necessary to make additional allocations to adjust the value of these assets, which could have a material adverse impact on EDF’s financial position. Moreover, stricter regulations at the national level (in particular those that might impact the base for determining the dedicated assets to be constituted by EDF(1)) or European level may lead to more stringent requirements regarding the constitution of dedicated assets and have a significant impact on EDF’s financial position.
Lastly, although these assets are constituted and managed in accordance with strict prudential rules, the Group cannot guarantee that price fluctuations in the financial markets or changes in valuation will not have a material adverse impact on the value of these assets (see section 5.1.6.1.6 “Management of financial risk on EDF’s dedicated asset portfolio” for a sensitivity analysis), which could require EDF to allocate additional amounts to restore the value of these assets. Such events could have a material adverse effect on the Group’s financial position.
In the United Kingdom, the funds for nuclear liabilities are managed by a body independent of EDF set up by the British government (Nuclear Liabilities Fund – NLF) for the existing nuclear fleet. For HPC-related liabilities, the funds will be managed by Fund Co, a body (Trust) independent of HPC’s shareholders (EDF Energy and CGN) and the UK government. Operators therefore have no assets to manage for this purpose (see section 1.4.5.1.2.2 “Nuclear generation”).
The unavailability or insufficient amount of the dedicated assets to hedge the expenditure schedules of the Group’s long-term commitments could have a negative impact on the Group’s financial position and reputation.
In addition to the control of industrial performance, and given the place of nuclear generation within the EDF group and with nuclear safety as the number one priority, our responsibility as a nuclear operator determines the Group’s overall performance. As a result of its nuclear activities, the Group is exposed to nuclear civil liability risks.
The primary responsibility for nuclear safety lies with the nuclear operator throughout the operating cycle of nuclear reactors. This principle along with the principle of control are reaffirmed in the EDF group’s nuclear safety policy. Liability as a nuclear operator falls under the “nuclear safety, health and security” aspect of the Group’s CSR policy (see section 3.3.1). The Chairman and CEO delegate this liability to theGroup Executive Director for the Nuclear and Thermal Fleet Department and theGroup Executive Director for the New Nuclear Engineering and Projects Department, who then sub-delegate it to the Directors of the divisions involved, who in turn sub-delegate it to unit managers.
The top priority is nuclear safety, as defined in the Group’s Nuclear Safety Policy, and this is a factor in the industrial performance of the nuclear business as a whole. Nuclear safety takes into account the design by the nuclear operator and the operation by the designer. Failure to control operating safety could have major or even vital consequences on the value of the Group’s industrial assets, its financial position and its development outlook or even on the continuation of its industrial activity.
Any serious event related to the Group’s nuclear activities, with a potential or proven impact on the population or on a territory, could lead to a significant increase in the operating constraints of the Group’s industrial sites, or even the partial or total interruption of the Group’s nuclear activities. Such an event could have a significant negative impact on the Group’s activities, financial position, strategy and reputation.
The nuclear civil liability scheme that applies to nuclear facility operators of States parties to the Paris Convention, and the insurance applicable thereto, are described in section 2.1.2.6 “Insurance”. This scheme is based on the principle of the operator’s strict liability. Accordingly, if an event occurs that causes nuclear damage, the Group would be automatically liable up to a monetary maximum set by the law applicable in the country, regardless of the source of the event that caused the damage and any safety measures that may have been taken.
(1) The French Cour des Comptes’’ report to the Senate’s Finance Committee on the decommissioning and dismantling of nuclear power plants, published on 4 March 2020, recommends that the costs of all decommissioning preparation operations, post-operational expenses and the cost of taxes, levies and insurance premiums directly attributable to decommissioning sites should gradually be included in the long-term expense categories.
