Europe acts over Pembroke power station

20 Chwefror 2011

A complaint made by Friends of the Earth Cymru in June last year about breaches of EU law as a result of the on-going construction of a new power station at Pembroke [1], has now been taken up by the European Commission.

In a letter to the environmental organisation [2], the Commission states that it has asked for "clarification" from the UK authorities of three of the concerns raised, namely not carrying out a proper assessment of the effects of the power station on the Pembrokeshire Marine Special Area of Conservation, abstracting and subsequently discharging at warmer temperatures a large quantity of water, and not properly assessing cumulative impacts.

The environmental group states that the Department of Energy and Climate Change (DECC) should not have given consent for the construction and operation of the power station before a full assessment of its impacts on the local marine environment had been undertaken. It also states that the Environment Agency was wrong to grant an abstraction licence for a water cooling system before an environmental permit had been granted.

The Director of Friends of the Earth Cymru, Gordon James, said:

"We are very pleased that the Commission has added its authority to our complaint by starting the first stage of infringement proceedings. 'Seeking clarification' is EU-speak for smelling a rat, and if its initial sniff is borne out by the UK's response, as we are convinced it will be, then a formal infringement procedure should follow [3].

"If the rule of law is to mean anything, the approval process for the power station should now be put on hold to allow the Commission's investigation to take its course, and we have written to the Environment Agency requesting it to do so. Because we are not confident that the Agency will give this assurance, we have also written to the Welsh Environment Minister asking her to direct the Agency not to proceed, and/or to call-in RWE npower's application [4]. It is also very important that the UK responds quickly, and that the Commission decides what to do about taking further action without delay.

"The Milford Haven waterway and adjoining coastal areas are an immensely important natural environment which have been given one of the highest forms of legal protection as the Pembrokeshire Marine Special Area of Conservation (PMSAC). Sadly, the area is not being given adequate protection by the authorities with much of it in an unfavourable condition [5].

"We have been very concerned that the cooling system proposed for the new power station will harm fish and other marine species in the Haven. This technology is not considered the best available in view of the environmental damage it causes [6]. Pembrokeshire's marine environment deserves the best technology.

"We also believe it is wrong that the construction of the power station has been allowed to proceed before an environmental permit has been obtained. This is truly putting the cart before the horse.
"Enough information has been given by the Countryside Council for Wales to the Environment Agency about the damaging effects of this cooling system, but the Agency chose to ignore their expert advice."

NOTES

1. Pembroke Power Station: Complaint to European Commission
2. To obtain a copy email gordon.james@foe.co.uk
3. The Commission's description of the three stages of infringement proceedings
4. Copies of the letters to the Agency and the Minister can be obtained from gordon.james@foe.co.uk
5. The Countryside Council for Wales assessment of the condition of the PMSAC shows that over half the features (8 out of 15) are in an unfavourable condition.
6. The Countryside Council for Wales commissioned report, 'Independent Best Available Technology Assessment for Pembroke Power Station Cooling Water Discharge' by Cambrensis Ltd states that "direct cooling is not regarded in the USA as the best available technology for coastal power stations in view of the damage caused to fish and other marine organisms by the process of extraction at cooling water intakes and passage of cooling water through power stations".

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