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Index




Page 04 A. General Aspects
           A.1. Who is acting as project proposer (ministry/organization/agency/other)?


Page 05 B. Basis on which the site proposals are presented
            B.1. What is the technical basis (the published technical design) of the ESS on which the site proposal is based?
Page 06 	 B.2.	In	particular,	what	is	the	scientific	impact	of	the	choice	of	the	long	pulse	option?


Page 08 C. Costing
           C.1. Cost Projection and Calculation Model
               C.1.1. Construction and Commissioning
Page 09        C.1.2. Operation costs
Page 10        C.1.3. Decommissioning Costs
           C.2. To Which Year Does the Cost Estimate Refer?
           C.3. Cost Projection Breakdown
               C.3.1. Construction and Commissioning
Page 11        C.3.2. Operation Costs
Page 12        C.3.3. Site-Dependent Costs
           C.4. Contingency


Page 13 D. Financing Points
           D.1.	What	is	the	financing	model,	what	are	the	financial	contributions	foreseen	and/or	guaranteed	for		  	
               construction/commissioning/operation/decommissioning?
Page 14    D.2. Are in-kind contributions foreseen? At what level?
Page 15 	 D.3.	What	are	the	financial	commitments	of	the	central	and/or	regional	governments	of	the	host	state	not			
               included in D1? VAT and Taxes
           D.4. Are there already commitments of other countries? Which ones? At what levels? Connected with
               preferential treatment?
Page 16    D.5. Are satellite infrastructure centres planned?


Page 17 E. Legal, organizational and security points
            E.1. What is the national legal and political framework?
Page 22     E.2. What are the proposed legal and management plans?
Page 24     E.3. What are the important risk and insurance issues?


Page 27 F. Environment and socio-economic points
            F.1.	What	is	specific	for	the	site?
Page 30     F.2. What is the local environment/infrastructure?
Page 36 	 F.3.	What	are	the	scientific	environments/infrastructures?
Page 39     F.4.	What	are	the	specific	risks	at	the	site	(during	construction/operation/decommissioning	phases)?
Page 46     F.5. What is the socio-economic impact?


Page 49 G. Additional Features
A. General Aspects




A.1. Who is acting as project proposer
(ministry/organization/agency/other)?


                                                                         The ESS-Bilbao Consortium was created through an
The ESS-Bilbao project is an initiative promoted by the Spanish
                                                                         agreement established between both governments to manage
and Basque governments. The Spanish effort is conducted
                                                                         the preparatory stage of the ESS to ensure that it would be set
through the Spanish Ministry of Science and Innovation, which
                                                                         up	in	the	Basque	Country	and	to	regulate	the	initial	financial	
promotes and carries out the policy of the government in
                                                                         commitment of both administrations, amounting to a total
educational and university matters, as well as issues regarding
                                                                         of 10 million euros. The consortium would act as the host
the	promotion	and	general	coordination	of	scientific	research	
                                                                         institution in charge of executing the commitments acquired
and technological development. The Basque effort is managed
                                                                         by Spain towards the ESS legal entity, whichever form the entity
through the Department of Industry, Commerce, and Tourism
                                                                         adopts as decided by the founding countries. For example, the
and the Education, Universities, and Research Department,
                                                                         consortium would be responsible for receiving and managing
which is responsible for proposing and carrying out policies
                                                                         the	 financial	 special	 purpose	 vehicle	 (SPV)	 described	 in	 D1.	
of	 scientific	 research	 and	 technological	 innovation.	 During	
                                                                         The consortium is an open structure and could become the
the last three years, both governments have collaborated on
                                                                         embryo of a future European consortium that other member
the project to bring the European Spallation Neutron Source
                                                                         countries could join before or during the construction of the
(ESS)	 to	 Spain,	 and	 more	 specifically	 to	 the	 Basque	 Country.	
                                                                         ESS, as well as during different stages in the life cycle of the
The	 collaboration	 became	 official	 in	 the	 presentation	 of	 the	
                                                                         infrastructure.
ESS-Bilbao candidature in October 2006 and the subsequent
                                                                         See Annex A.
creation of a consortium in December of that same year.




                       SPANISH                                                                 BASQUE
                     GOVERNMENT                                                              GOVERNMENT




                                              ESS-BILBAO CONSORTIUM



                                                                                                                INTERNATIONAL
                                                     STEERING COMMITEE                                             ADVISORY
                                                                                                                    BOARD

                                                          PROJECT TEAM

                    STRATEGY                     SCIENCE                     BUSINESS                DEVELOPMENT


                                                         Figure A1. ESS-Bilbao chart




                                                                    4
B. Basis on which the site proposals are presented




                                                                        delivered, as stated in the 2003 Technical Report [Letchford
B.1. What is the technical basis (the published
                                                                        2003], by a tandem of two H+ ion sources delivering 85 mA
technical design) of the ESS on which the site
                                                                        each, and funnelled together after the two beams have been
proposal is based?
                                                                        accelerated up to an energy of 20 MeV.
The ESS-Bilbao Concept
                                                               The linac design is based on a sequence of drift tubes and
The current ESS-Bilbao proposal complies with the basic coupled cavities operating at 560 MHz and a superconducting
machine	specifications	contained	in	the	ESFRI 2006 Roadmap on section composed of a low beta (β = 0.8) set of four cavities,
Research Infrastructures [ESFRI 2006]. Accordingly we propose each composed of six cells, and operating at a frequency of
a	phased	approach	in	which	the	first	target	station	would	be	 1.120 MHz.
long pulse source (LPSS) based on the construction of a linear
accelerator that provides 2-ms pulses of 1.334-GeV protons Current Development Activities
which impinge on a liquid metal target with an average beam
                                                                        Activities during the last few years within CARE (Coordinated
power of 5.1 MW, 16.67 times per second. A maximum of 20
                                                                        Accelerator Research in Europe) and EUROTRANS
instruments could be accommodated around the equatorial
                                                                        (TRANSmutation of High Level Nuclear Waste in an Accelerator
plane of this target station.The latter is by design optimized for
                                                                        Driven	System)	have	resulted	in	significant	advances	in	both	ion	
the production of long-wavelength neutrons, enabling studies
                                                                        source and low-energy acceleration technologies that will surely
of systems exhibiting complex hierarchical structures and
                                                                        have a relevant impact on the proposed accelerator design. In
a wide range of dynamics with applications in most areas of
                                                                        consideration of these developments, our current development
condensed matter sciences.
                                                                        activities are focused on the following studies:
A second target station, capable of feeding another 20 beam
                                                                            • Use of a single proton source capable of delivering proton
lines, would be built during a second construction phase. In the
                                                                              currents of 150 mA or above. Prototypes of such a
initial ESS study this second station was designed to be a short
                                                                              proton injector, delivering some 5.000 hours/year with low
pulse station (SPSS) consisting of a liquid metal target fed by
                                                                              downtimes, have been reported in the literature [Lazarev
2-x 0.6-µs pulses at a frequency of 50 times a second and
                                                                              96]. Proton sources such as SILHI at CEA have already
similar beam energy and power. Such a SPSS would provide
                                                                              produced currents of 130 mA at low duty factors [Scrivens
higher intensities and much lower backgrounds than achievable
                                                                              04]. The rationale behind pursuing such an effort stems
in current short-pulse sources and would be ideally suited to
                                                                              from the possibility of avoiding the use of the funnel section,
studies of matter in transient states or subjected to extreme
                                                                              which constitutes one of the most complicated parts of the
environments (pressure, temperature, and magnetic, electric,
                                                                              accelerator. In fact, although the principles of the proposed
laser	fields	etc.).
                                                                              funnel scheme were once considered advanced, there is no
                                                                              similar piece of equipment operating in the world today. In
Although	 the	 final	 design	 of	 the	 second	 target	 station	 will	
                                                                              order for the funnel section to perform as required, several
be	driven	by	emerging	scientific	applications	and	will	require	
                                                                              effects (space charge, beam rigidity, etc.) will have to be
further	 consultation	 with	 the	 scientific	 research	 community	
                                                                              mitigated. Hence the development of the funnel concept
the ESS-Bilbao team is following an R&D program that would
                                                                              will involve a substantial research and development (R&D)
allow the second phase of ESS to be constructed as either a
                                                                              effort that could be readily avoided if a single proton source
LPSS or a SPSS.
                                                                              were available.
The Baseline ESS-Bilbao Linac
                                                                            • Use of superconducting cavities (spokes, quarter-wave,
                                                                              etc.) for medium-energy (40 to 100 MeV) acceleration.
The baseline design for the ESS-B linear accelerator (linac)
                                                                              The technology has already been developed, mostly geared
adheres to suggestions made by ESS-I and consists of a machine
                                                                              towards applications within the IFMIF and SPIRAL2 projects,
based on a 150 mA, proton beam. Such intensity would be



                                                                        5
and could provide a cost-effective substitute for the copper       emittance characteristics of both ECR proton and -H arc-
   cavities both in terms of fabrication and operation.               discharge sources, such as the Penning trap used at ISIS; RF-
                                                                      driven sources, such as the multicusp -H source in use at SNS
  • Behaviour of beams extracted from present-day proton              [Mason 2006]; and a caesium-free, multicusp source, such as
    sources at medium and high energies. Present-day electron         that developed by DESY [Peters 2008].
    cyclotron resonance (ECR) proton sources typically deliver
    beams with a proton fraction somewhat less than 0.9.              Over the next three years we plan to construct a complete
    Beam dynamics simulations using realistic conditions are          accelerator capable of diagnosing ion beams generated by
    now being planned to obtain a better understanding of the         the aforementioned ion sources. This R&D endeavour will be
    transport of the intense, multispecies beams.                     financed	by	both	the	Basque	and	Central	governments.

As a result of the collaboration established between the Spanish
                                                                      B.2. In particular, what is the scientific impact
Ministry for Science and Innovation and the ISIS new Front-
                                                                      of the choice of the long pulse option?
End-Test-Stand [Letchford 2007], the ESS-Bilbao project team
is gaining actual work experience in developing an accelerator
front end. In addition, a collaborative research group is being set   The	 scientific	 impact	 of	 a	 high	 intensity,	 long	 pulse	 spallation	
up between the project team and the CEA/CNRS SUPRATech                neutron source has been well documented in a number of
platform	with	the	goal	of	developing	the	baseline	specifications	     recent reports [The ESS Project, Vol. II, New Science and
for the ESS-Bilbao superconducting cavities.                          Technology for the 21st Century, The European Spallation
                                                                      Source Project, 2002, available at http://neutron.neutron-eu.
The ESS-Bilbao Ion Source: Current Developments                       net/n_documentation/n_reports/n_ess_reports_and_more/102.;
                                                                      A Second Target Station at ISIS, RAL-TR-2000-032, 2000,
The most prominent activity dealing with technical issues carried     available at http://ts-2.isis.rl.ac.uk/scienceCase/.; Medium to
out within the realm of ESS-Bilbao concerns development work          Long-Term Future Scenarios for Neutron Based Science in
on ion sources. As is well known, because the radio-frequency         Europe [ESFRI 2003]]
quadrupole (RFQ) transmission decreases rapidly with
increasing emittance and increasing beam current, the beam            Furthermore	 the	 scientific	 potential	 of	 instrumentation	
current required from the ion source and low-energy beam              based on a long pulse design was evaluated in the Engelberg
transport (LEBT) system depends strongly on beam emittance.           [Engelberg 2002] and Rencurel [Rencurel 2008] workshops.
In fact, the requirement of a 150-mA current at the beginning of
the medium-energy beam transport (MEBT) system requires               The	rationale	for	choosing	a	long	pulse	option	for	the	first	target	
an RFQ input current between 85 and 95 mA for a normalized            station of ESS is based on a number of technical advantages:
rms emittance between 0.20 and 0.35 π.mm.mrad. In other
words, development of a low-emittance source is essential. In           • The use of long pulses (of the order of a millisecond)
addition, as recognized by various ESS documents [Letchford               reduces significantly the effects of cavitation in the mercury
2003], improving the reliability of high-power, high-duty cycle           target even at the high energies per pulse set forth in the
+H	ion	sources	is	a	necessity	if	the	design	specification	of	the	         reference design (~300kJ per pulse).
ESS accelerator is to be met within a reasonable lapse of time.
To meet the requirement of producing 60-mA peak current                 • A long pulse target station eliminates the need for an
in the MEBT section, our research programme is aimed at                   accumulator ring and associated beam chopping and hence
developing a high-current, low-emittance ion source and an                allows more power to be delivered to the target. This is
LEBT	that	induces	minimal	emittance	growth.	The	first	phase	              also more cost effective.
of	this	programme,	which	is	financed	through	the	ministries	of	
Industry and Education & Science [ITUR 2007], is well under             • The long neutron pulse also allows greater flexibility for the
                                                                          design of scattering instrumentation using appropriate band
way and consists of a test stand capable of comparing the



                                                                  6
at distances up to 1 micron). This order-of-magnitude range
    width selection and repetition rate choppers to optimize
                                                                           extension will lead directly to new insights into forefront
    to the required resolution.
                                                                           highly	complex	and	difficult	problems,	for	example	elucidating	
  • The long-proton pulse also provides better optimization                the detailed processes and molecular drivers leading to the
    of the target-moderator-reflector configuration that lead              folding of proteins that is essential for them to carry out their
    to additional increases in the neutron beam intensities in             biological role.
    particular for cold neutrons.
                                                                           Another	 example	 can	 be	 found	 in	 the	 field	 of	 neutron	
The reports referenced above show three major themes                       reflectometry,	 which	 has	 long	 been	 a	 unique	 and	 powerful	
appearing throughout the discussions of forefront science.                 tool for probing the atomic or magnetic density normal to
The	 first	 is	 the	 desire	 to	 extend	 current	 capabilities	 to	 be	    surfaces and layered materials. In principle, lateral structures in
able	 to	 answer	 more	 difficult	 questions.	 These	 may	 involve	        such	systems	can	also	be	probed	on	neutron	reflectometers,	
extending measurements to higher resolution, performing
                                                                           using grazing-incidence techniques such as grazing-incidence
the	measurements	in	the	presence	of	a	more	difficult	sample	
                                                                           diffraction or grazing-incidence small-angle neutron scattering
environment and concomitant restrictions to smaller samples,
                                                                           (SANS). However, the extremely weak signals have made the
or measurements made to higher precision to look for subtle
                                                                           use	 of	 such	 techniques	 very	 difficult,	 if	 not	 impossible,	 with	
intensity variations or line shape effects. The second is the
                                                                           the neutron beam intensities that have been available up to
desire to extend most types of measurements to parametric
                                                                           now. The much higher intensity of cold neutrons, coupled with
studies	exploring	ranges	of	compositions,	 external	fields	such	
                                                                           emerging new techniques such as spin-echo resolved grazing-
as temperature or pressure, or time scales, as in kinetic studies.
                                                                           incidence scattering, will enable the full capabilities of neutrons
The third is the general tendency toward the study of systems
                                                                           (isotopic sensitivity, magnetic moment) to be brought to bear
exhibiting greater complexity, such as the complex chemical
                                                                           in the study of such lateral surface structures at length scales of
systems that occur in many soft matter studies, aspects of
                                                                           about 10 to 1.000 nanometers or more.This exciting prospect
macromolecular functionality important in biology that can
                                                                           will	 open	 up	 broad	 forefront	 scientific	 areas	 to	 study	 with	
be explored using neutron scattering, or the multi-component
                                                                           neutrons, including lateral structures in lubricating or adhesive
systems important to the geophysical properties and functions
                                                                           layers, wetting phenomena, block copolymer or liquid crystal
relevant to earth sciences. These trends are all evident today
                                                                           layers	 on	 surfaces,	 artificial	 biomembranes	 or	 biomimetic	
as scientists stretch the capabilities of existing neutron sources
                                                                           systems, self-assembly of nanoparticles on surface templates,
and instrumentation to try to extend their measurements
                                                                           and perhaps even real biological membranes.
into some of these areas. The long pulse ESS will provide
major new capabilities that support these three themes and
                                                                           A third example of new capabilities lies in the use of very
significantly	 extend	 the	 types	 of	 scientific	 problems	 that	 can	
                                                                           highly focused neutron beams. At present, neutron focusing
be fruitfully addressed with neutron scattering. By focusing
                                                                           devices easily achieve focused beam sizes of <100 microns,
on and optimizing for the production of cold neutrons this
                                                                           and focused neutron beams ~10 microns in size will be
new facility will provide much higher cold-neutron intensities
                                                                           possible in the near future. The neutron intensity that will be
than heretofore available on any pulsed neutron source. These
                                                                           available in such focused beams will be enough to measure the
higher	 fluxes	 translate	 into	 the	 ability	 to	 study	 much	 smaller	
                                                                           very weak absorption or scattering produced by the relatively
samples, more-weakly-scattering processes, and/or higher-rate
                                                                           small number of sample atoms illuminated by a beam of this
kinetic behaviors. They also translate into the ability to extend
                                                                           size. This, of course, will permit the study of such very small
measurements to study of larger length scales and slower
                                                                           samples, and should also create opportunities to develop
dynamical processes.
                                                                           instrumentation for various types of scanning neutron probes
                                                                           for exploring minute regions of larger samples. The availability
For example, higher intensities permit tightening the resolution
                                                                           of intense neutron beams of this size will generate new
to provide an order-of-magnitude extension of neutron
                                                                           techniques	that	will	open	up	totally	new	scientific	fields	with	
scattering dynamical studies to probe longer time scales (slower
motions) at longer length scales (times up to 10 microseconds              an ultimate potential that is at present only dimly imagined.



                                                                           7
C. Costing




                                                                       C.1. Cost Projection and Calculation Model
As	 a	 final	 example	 of	 new	 scientific	 capabilities	 provided	
by the ESS, we mention the area of kinetic studies. The
                                                                       C.1.1. Construction and Commissioning
unprecedented	 fluxes	 will	 allow	 all	 structural	 and	 dynamical	
measurements to be made much faster. This will, of course,
facilitate parametric measurements probing material structures         Updating the ESS 2002 Project costs to 2008-year prices, the
and dynamics as functions of environmental conditions such as          estimated construction and commissioning cost of locating the
temperature,	 pressure,	 applied	magnetic	or	electrical	field,	 or	    ESS 5-MW LP in Bilbao is 1.284 MEur, including a contingency
                                                                       provision of 15%. This cost corresponds to work packages
changing chemical composition of the environment. However,
                                                                       or subsystems 1.1 to 1.8, in accordance with the ESS Project
perhaps even more exciting, these rapid measurements will
                                                                       Work Breakdown Structure presented in the ESS Volume III
allow structural measurements (at length scales ranging from
                                                                       Update Report.
hundreds of nanometers down to fractions of one nanometer)
to be made in a few seconds or less, allowing the kinetics of
                                                                       Additionally, although the following two concepts were
relaxation processes or the approach to chemical equilibrium
                                                                       considered but not costed in the aforementioned report, we
to be followed on such time scales.This will enable much more
                                                                       have costed them with the following result:
extensive neutron exploration of the behavior of systems far
from equilibrium and the approach to equilibrium than has
                                                                         • Construction of a waste management facility estimated at
previously been possible. In favorable cases pump-probe or
                                                                           18.5 M€.
other sample modulation techniques can extend these types
of measurements down to a few microseconds, allowing
                                                                         • Site conditioning required to meet the ESS Project
much more detailed study of the initial relaxations in far-from-
                                                                           specifications estimated at 88 M€.
equilibrium conditions in a wide variety of systems.
                                                                              Subtotal                                          Cost (M€)
In summary, the quantum jump in performance brought by the
                                                                              Updating of ESS 2002 Project costs                    1.284,0
ESS will provide researchers with the means to probe distance
                                                                              Waste Management Facility                                18,5
and time scales that have hitherto been unavailable, but are
                                                                              Site conditioning                                        88,0
critical to answering some of the grand challenge questions
facing our society. Extending the range of measurement to                            Table C1. Total construction cost estimate
longer distances and slower time scales enables the study of
systems exhibiting greater complexity, such as the complex             Updating the ESS 2002 Project costing results in a 30%
chemical systems that occur in many soft matter studies, aspects       increase with respect to the 989 M€. quoted for the ESS Stage
of macromolecular functionality important in biology that can          1 in the ESS Volume III Update Report. The increase is driven
be explored using neutron scattering, or the multi-component           mainly by the increased costs of certain raw materials such as
systems important to the geophysical properties and functions          steel, copper, and niobium, which are well above the general
relevant to earth sciences. Furthermore the unprecedented              Consumer Price Index (CPI) evolution.
high intensities will also enable very short measurement times
                                                                           1.600
with the routine use of parametric studies to explore systems
                                                                           1.400                                  1.284
far from equilibrium, in transient states, or in approach to                                                                      30%
                                                                           1.200                                                  19% (CPI)
                                                                                             989
equilibrium. In addition to these unique capabilities, the high            1.000                                                   0%
                                                                             800
intensities of cold neutrons will enable smaller samples to
                                                                         M€




                                                                             600
be measured, under more complex environments, thereby                        400
                                                                             200
providing information on materials under extreme conditions
                                                                               0
hitherto unattainable.                                                                 ESS Project (2002)   ESS Bilbao (2008)
                                                                                   Fig C1. 5-MW LP ESS construction cost increase
See Annex B.                                                                                 with respect to 2002 costing




                                                                  8
Updating of the cost projection, based on the 2002 ESS Project              provided in the ESS 2002 Project (Vol III and Volume III
costing, has been performed as follows:                                     Update). In addition to updating estimates to 2008-year
                                                                            costs for the Bilbao area, technical support and project
  • Machine costs have been revised and updated based                       management staffing costs for the design and construction
    on identification of the principal cost drivers for each                of the conventional facilities has been added.
    major part, with special attention to the linac, target, and
    instrumentation, and an analysis of price evolution in Europe      Cost estimates have been cross-checked with SNS and ISIS
    from 2000 to 2008 for different parts. Site-dependent              data.
    considerations were not included.

  • Estimation of the capital costs for conventional facilities was
                                                                       C.1.2. Operation costs
    performed by quoting the works and installations described
    in Design and Cost Calculation Report for Conventional
    Facilities by DP21 Engineering (2002). The new estimate            At 2008-year prices, the total operation budget is estimated at
    was obtained by applying 2008 construction prices for the          116,5 MEur/year. The cost is split as follows:
    Bilbao area.

                                                                               Operation Costs                             M€ 2008
General costing terms considered in the ESS 2002 Project
were also used for the cost projection quoted herein:                          ESS 2002 Project costing update               116,5
                                                                               Insurance (see section E3)                        2,5
  • Construction costs include all costs from project approval                 Emission and Waste Management                     1,0
    to fabrication, assembly, testing, and commissioning.                        Table C.2 ESS 5-MW LP annual operation budget
                                                                                                at 2008-year prices
  • Preproject costs for project definition, preplanning,
    baselining, construction preparation, prototyping, and             The ESS 2002 Project costing update (116,5 M€ for
    project approval are not included.                                 consumables, personnel, and maintenance and instruments)
                                                                       was derived on the same basis as the update of the machine
  • Costs do not include value-added taxes or customs duties           construction budget. The following points should be noted:
    and are based on the assumption that the purchasing
    procedure will be based on a “best value for money”                    • Consumption of up to 70 MW (total installed power) was
    policy.                                                                  computed as an upper bound for the LPSS instead of the 36
                                                                             MW originally considered. This is the main reason for the
Other comments regarding the basis for costing:                              large increase (up to 42%) with respect to the operation
                                                                             costs computed in ESS 2002 Project Vol III Updated Report
  • The potential savings derived from a new linac configuration,            for ESS Stage 1.
    optimized for the LPSS (H+ beam and others) and
    including the latest advances in SC technologies, has not              • The personnel cost, estimated for a workforce of 412
    been considered because further development work and                     employees, was updated according to the CPI evolution
    baselining design is required for a reliable assessment of               in Europe from 2000 to January 2008. Potential savings
    these savings.                                                           from the site impact on salaries (especially for general
                                                                             administration and routine maintenance operations) was
  • The available information on the costing of the conventional             not considered.
    facilities (by DP21 Engineering) provides an estimate for
    the capital cost of the conventional facilities, which is almost   Operation costs were cross-checked with data from other
    coincident with the total cost of the conventional facilities      neutron source facilities such as ILL and ISIS.



                                                                       9
C.1.3. Decommissioning Costs                                              The ESS 2002 Project costing shows a slightly different split of
                                                                          costs, mainly due to the following:
A preliminary cost assessment for decommissioning is
                                                                            • Site dependence of conventional facilities cost. With respect
estimated at 170 M€.
                                                                              to the European average, Spain and the Bilbao area offer
C.2. To Which Year Does the Cost Estimate                                     competitive prices both for materials and labour. Hence
Refer?                                                                        the contribution of conventional facilities to the total cost
                                                                              decreases from about 35% to 32%, despite the addition of
All estimates refer to March 2008 prices except for the CPI,
                                                                              staff costs, which were not computed in the Cost Report
for which December 2007 data were used.
                                                                              by DP21 Engineering.
C.3. Cost Projection Breakdown
                                                                            • For main equipment in the machine subsystems, increase
C.3.1. Construction and Commissioning                                         in capital costs above the CPI growth value. Thus, the
                                                                              linac subsystem contribution to the total price increases
Updating of ESS 2002 Project Costing:                                         (from about 38% to 42%). The contribution of the target is
                                                                              maintained within 10% because of the higher ratio of staff
The following table shows a basic breakdown of construction
                                                                              costs to capital costs of this subsystem.
costs,	which	is	based	on	the	original	classification	used	for	the	
ESS 2002 Project costing. The ring & achromat subsystem (1.4)
                                                                   The split of the overall cost in capital and staff costs gives the
was removed, as it is not being required for the 5-MW LPSS.
                                                                   following numbers:
                                                Construction
               Major Subsystems                 Cost M€ 2008
 1,1   Instruments & Scientific Utilization             82                          100%
 1,2            Target Systems                         113                           90%
 1,3        Beam Transfer to Targets                    14                           80%           78,3%
 1,5           Linac & Front End                       465                           70%
 1,6         Coventional Facilities                    363                           60%
 1,7            Controls System                         38                           50%
 1,8     Management & Admin. Support                    42                           40%
            Total Estimated Costs                    1.116                           30%
                                                                                                                         21,7%
                                                                                     20%
                 Contingency (15%)                     167
                                                                                     10%
                Total Project Costs                  1.284
                                                                                      0%
                                                                                               Capital Costs          Staff Costs
             Table C3. Construction costs breakdown
                                                                                       Fig C3. Cost split in capital and staff costs
The	following	figure	shows	that	about	42%	of	the	total	costs	
are for the linac and front end, whereas conventional facilities
contribute about 32.5%.
                                                                          Because	of	the	significant	increase	in	the	price	of	raw	materials,	
     Linac                                    Conventional
  & Front End                                   Facilities                the capital cost contribution to the total cost increases from
    41,7 %                                       32,5 %
                                                                          about 75% to above 78%.
                                                         Control
                                                         System
                                                          3,4 %           For the cost update of the machine, the cost evolution from
                                                                          2000 to 2008 for staff and the most relevant raw materials and
                                                                          supplies, as well as the CPI evolution in Europe, was considered.
                                                    Management &
                                                                          CPI evolution can be considered as a good indicator not only
  Beam Transfer                                     Admin. Support
    to Targets       Target                              3,8 %            for the overall trend of price increases but also for salary
                    Systems Instruments & Scientific
      1,2 %
                                  Utilization 7,3 %                       evolution, as they are generally updated according to the
                     10,1 %
                                                                          annual CPI.
         Fig C2. Cost distribution for different subsystems




                                                                     10
Despite these additional costs and because of the lower
From 2000 to 2008, the average CPI in Europe has increased
                                                                    construction material and labor costs in Spain with respect to
by about 19% (OECD data for “OECD-Europe except high
                                                                    the European average, the conventional facilities cost increase
inflation	 countries”).	 Because	 machine	 subsystems	 would	 be	
                                                                    was kept below 20%. Thus, the relative contribution of the
acquired from different European countries and suppliers, a 1.2
                                                                    conventional facilities to the total cost is lower than in previous
factor was applied for items driven by staff and manufacturing
                                                                    cost estimations.
costs.

                                                                    Additional Cost Estimates:
In	addition	to	the	influence	of	the	CPI,	products	made	of	raw	
materials such as steel, copper, and niobium play a major role
                                                                    The cost estimate for the waste management facility is 18.5
in the overall cost increases for several subsystems. Prices for
                                                                    MEur, including a 15% contingency provision, and provides
these materials have increased as much as 60, 300, and 280%,
                                                                    for a buried 60-x30-m concrete building with steel shielding,
respectively, leading to capital cost increases of up to 40 to
                                                                    several manipulators, and lead glass windows.
45% for some equipment.

                                                                    The Site Conditioning, quoted at 88 MEur (including
Site-dependent considerations have not been considered for
                                                                    contingency),	includes	excavation	and	flattening,	transportation	
the costing of the machine.
                                                                    of soil materials, construction of the perimeter main drainage
                                                                    ditch, and the construction of a circular gallery/tunnel for local
The cost projection of the conventional facilities was obtained
                                                                    stream diversion.
by applying 2008 construction prices for the Bilbao area to the
work described in the Cost Report by DP21 Engineering, thus
                                                                    C.3.2. Operation Costs
directly accounting for the site dependence of material and
labor costs.
                                                                    ESS 2002 Project Cost Updating:
With respect to the DP21 Engineering cost report:
                                                                    The following table shows the basic breakdown for operation
                                                                    costs,	 according	 to	 the	 original	 classification	 used	 in	 the	 ESS	
  • Only the items related to the LPSS are quoted. The
                                                                    2002 Project costing.
    dimensions and consumption of the guest houses and
    central office & laboratories buildings were also adapted to
    the needs of the LPSS.                                                                                             Operation
                                                                               Breakdown of Operation Costs
                                                                         according to ESS 2002 Project costing update Costs M€ 2008
                                                                                           Energy                               23,0
  • No provision for piles in the target foundation was
                                                                                     Other consumables                          18,0
    considered, as it is directly supported on high bearing
                                                                                         Personnel                              34,0
    strength soil. The cost reduction is estimated at 3.75 M€.                       Maintenance, spares                        20,0
                                                                                        Instruments                             18,0
  • No cost savings were considered because of potential                                    Total                             113,0
    reduction in the volume and cryogenic power requirements
                                                                                 Table C.4 Annual operation costs breakdown
    for the front-end building and linac tunnel. Estimated to be
    10 MEur2000 according to the ESS 2002 Project Updated
    Report, the savings should be further assessed in view of the
    definitive baselining for the ESS 5MW LP configuration.

  • A provision of 55 M€ was included for technical support
    and project management staff.




                                                                    11
As for the ESS 2002 Project, staff costs are estimated for a total    Decommissioning: Waste Disposal,
of 412 posts, and instrument costs refer to the development,          Remediation/Rehabilitation
refurbishment, or replacement of three instruments every two
years in the long term. The cost update was carried out on            In accordance with Spanish regulations, it is assumed that the
the same basis previously explained for construction costs. For       operating organisation will be responsible for deactivation
personnel costs, local cost effects were not considered.              and cleanup of the facility. After this period, the facility would
                                                                      be handed over to ENRESA, which would undertake the
Regarding energy costs, the total power installed for the ESS         decommissioning activities of the installations and associated
5MW LP was considered at 70 MW, instead of the 36 MW                  active components. A preliminary cost assessment of 170M€
originally stated in the ESS 2002 Project costing. This fact,         was determined for decommissioning and dismantling activities.
together with an increase in the unit cost for electricity from       This estimate was based on management of the radioactive
0.04 to 0.05 €/kWh, led to a relevant increase in the total           materials that will be generated during dismantling, one of the
energy costs.                                                         major tasks that will be undertaken by ENRESA during this
                                                                      stage (See Annex C1).
The operation budget breakdown in capital, staff, and
                                                                      C.3.3. Site-Dependent Costs
consumables	 (33,	 30,	 and	 37%,	 respectively)	 shows	 figures	
similar to those for the complete installation at 2000 prices.
                                                                      Site-dependent impact on costs was considered only for the
                    Other
                                                                      construction of conventional facilities. In this sense, the Bilbao
                  Consumables               Personnel
                    16,0 %                   29,8 %                   area offers competitive prices with respect to the average in
                                                                      Europe, as shown in the cost analysis.

                                                                      The machine subsystems will be acquired from specialized
                                                                      suppliers throughout Europe; thus, average European price
                                                                      increases were used for cost updating.

                                                                      Operation costs were also computed on an average
      Energy
      21,2 %                                 Maintenance,             European basis. Potential savings from local salaries of general
                                                spares
                         Instruments
                                                                      administration and routine maintenance operation staff were
                                                17,4 %
                            15,5 %
                                                                      not considered.
                 Fig C4. Operating cost breakdown

                                                                      C.4. Contingency
Insurance Cost

                                                                      A 15% contingency is generally included. See Annex C.
From	 first	 approximation,	 an	 insurance	 cost	 of	 2.5	 M€/year	
is considered to be an upper bound. According to NEA and
                                                                      Before continuing to the next section, please note that the
ILL information, civil liability insurance for a nuclear reactor
                                                                      aforementioned costs should be considered as an upper
source covering a maximum capital of 700 M€ could amount
                                                                      bound, easily reduced if improvements in linac designs, such
to	this	figure.	Although	the	potential	risk	of	radioactive	release	
                                                                      as those referred in section B.1, come to fruition.
is much lower in the ESS case, other risks as mercury emission
in	case	of	an	accidental	fire	must	be	considered.	

Waste Management

According to our preliminary studies, waste management costs
will be about 1 M€/year for the life of the installation.



                                                                 12
D. Financing Points




D.1. What is the financing model, what are                        to its construction costs of over 15%. In order to calculate the
the financial contributions foreseen and/or                       site premium in a transparent way, the following assumptions
guaranteed for construction/commissioning/                        about the percentage of the costs assumed by the Spanish
operation/decommissioning?                                        candidature are made. We assume that 70% of the costs
                                                                  of the conventional installations are covered by Spain. The
We	have	developed	a	possible	financing	system	for	the	source,	 remaining 30% of these costs will be divided among those
which is sustainable for the Basque and Spanish Governments countries participating in the construction phase of the ESS
and is also attractive for potential collaborations with third project. Likewise, the costs of the remaining work packages
party	countries.	In	order	to	do	this,	the	input	and	output	flows	 (instruments, target, accelerators, controls and networks,
involved in the construction and operation of the spallation management and administrative support) would be divided
                                                                  among the aforementioned countries and Spain, the portion
neutron source have been analysed.
                                                                  corresponding to Spain being calculated as the ratio between its
Regarding	 the	 output	 flows,	 we	 have	 considered	 the	 costs	 contribution to the European GDP vs that of all the countries
included in Section C of this report, that update the estimations considered. Once the source has been built, operating costs
made by Bohn et al. in the ESS Project Volume III, Technical will be divided based on the property rights, in other words,
Report (2003). The total budget amounts to 1284 million Spain with 15% of the property, would assume 15% of the
2008 euros to construct the source and 116,5 million 2008 operating costs.
euros per year for its maintenance. All the results discussed
below are expressed in 2008 euros, which must be adjusted Calculated in this way, the contribution of ESS-BILBAO would
according	to	the	corresponding	inflation	in	order	to	convert	 amount to 375.69 million 2008 euros of the total of 1.284
them into euros of the year in which construction begins. The million euros which the construction of the source would
annual outlay implied by the source has been broken down cost, in other words, 29.25% of the total cost. Thus, the site
in time over a period of 20 years, in accordance the cost premium would represent 14.25% of the total costs. The
estimation of Section C, and using information from the SNS Spanish contribution to the annual operating costs would be
                                                                  17 million 2008 euros, 15% of the total operating costs.
Completion Report.

                                                                    The Spanish contribution of the ESS-BILBAO would be
With	regard	to	input	flows,	initially	the	contribution	from	the	
                                                                    financed	 through	 the	 General	 State	 Budget	 and	 the	 Basque	
ESS-BILBAO candidature will be used. This contribution is
                                                                    Government Budget. The increase in tax revenue due to
calculated in accordance with the basic assumption that the aim
                                                                    a greater economic activity during the construction and
of the ESS-BILBAO consortium is to keep 15% of the property
                                                                    operation of the Spallation Neutron Source (see heading F.5)
rights and consequently 15% of the right of use. Keeping 15%
                                                                    justifies	this	investment.	Use	of	a	part	of	the	structural	funds	
of the rights of use of the source would involve an ambitious
                                                                    assigned to Spain for this purpose is not envisaged.
expansion project of activities relating to neutron sciences,
taking advantage of the synergies that would arise from the
                                                                       The remaining funds required for the construction and operation
installation of the source in Bilbao (see heading D.5). It seems
                                                                       of the source would be obtained from other countries or
especially important to foster the use of neutron research by
                                                                       entities. In principle, the contribution of other countries in
private companies by means of public-private partnerships.
                                                                       kind (through the construction of instruments, accelerators,
Due	 to	 the	 fact	 that	 a	 major	 part	 of	 the	 economic	 benefits	 etc.) would be perfectly feasible during the construction phase
(see the results of the socio-economic analysis) resulting from and it is considered that this may amount to 70% of the total
the installation of the source would come to the Basque costs (corresponding to the non-conventional part of ESS).
Country and Spain, we assume that the contribution of the However, the feasibility of a contribution of this type would
Spanish candidature should include a premium, in the form of be examined according to the merits of each individual case.
an increased share of the construction costs. In other words, During the operation phase, the participation of countries
15% of the rights to use the source would mean a contribution not having contributed to the construction of ESS is also



                                                                   13
foreseen,	 similarly	 to	 the	 ILL	 scheme,	 as	 Scientific	 Associate	   This	scheme	will	only	be	put	into	operation	when	a	sufficient	
Members.	These	would	have	to	pay	a	fixed	amount	annually	                 number of countries, accounting for a substantial % of total
for compensation of past investments, as well as a percentage             construction cost, formalise their commitment to participate.
of the annual operating costs of the facility according to their
beam time usage.                                                          In view of the fact that the aim of the ESS-BILBAO candidature
                                                                          is to keep 15% of the property rights of the ESS, the remaining
In addition to the ordinary contribution from Spain, the                  85% (priced as if it were only the 71,75% given the site
ESS-BILBAO offer includes a powerful tool for ensuring a                  premium) has to be obtained from other countries through
smooth evolution of the ESS construction (by ensuring the                 a commitment to pay it according to a particular time table
availability of the required funds in due time according to the           suitable to each country involved. In order to illustrate the
ESS construction schedule) as well as for facilitating the other          SPV behaviour, an intellectual exercise has been made
ESS	member	countries	to	pay	their	contributions	in	a	flexible	            according to certain assumptions (See the enclosed study in
way. As we have already announced in several European                     the corresponding annex D.1). In this exercise, a conservative
meetings, the ESS-BILBAO consortium proposes the creation                 assumption has been made on the way the contributions from
of	an	innovative	financial	instrument	to	meet	the	construction	           the other countries committed to the construction of the
costs of the source, an SPV designed in an ad-hoc manner and              European spallation neutrons source are paid: we assume that
managed by the ESS-BILBAO consortium. This SPV would be                   the construction would begin without any contribution paid but
financed	via	the	contributions	of	all	the	countries	that	wish	to	         the Spanish one. However, little by little, during the remaining
have a share of the property of the ESS and hold it from the              seven years, all the obligations relating to these property rights
first	moment.	Interested	countries	would	present	to	the	SPV	              over and above the 15% which the Spanish candidature wishes
their annual payment plans and in compensation they would                 to keep, are being honoured. With regard to the speed with
be granted the corresponding property rights over the source.             which instalments by other countries do come in, we propose
Clearly, the payment plans of the different countries do not              a linear scenario in which 85% of the property comes in at a
necessarily need to coincide with the annual expenditure                  uniform annual rate.
forecasts in order to meet the costs of the construction. In this
sense, the ESS-BILBAO will receive from the Spanish National              Annex D.1 explains carefully the details of this scheme. The
Science and Technology Fund the funds required to adapt the               role played in the SPV by the National Science and Technology
money inputs generated by the annual contributions of the                 Fund would make it unnecessary for countries interested in
participating countries to the money outputs required by the              acquiring part of the ownership rights of the source before
construction of the Source, and in this way, the availability of          the start of the construction to resort to external resources,
the annual funds required to meet the costs of the construction           including European Investment Bank (EIB) credits. For the
is guaranteed.                                                            simulation presented above that would imply between 88,7
                                                                          and 108,4 million euros saving for the interested countries,
In other words, the countries participating to the construction
                                                                          assuming a interest rate of 4.5% or 5.5% Moreover, this
of the ESS in Bilbao may choose between these two options
                                                                          instrument would allow interested countries to present
for paying their contributions:
                                                                          flexible	annual	contribution	profiles	in	accordance	with	their	
                                                                          own budgetary limitations and restraints. See Annex D1.
  • Regular contributions, in cash or in kind, according to the
    construction schedule.

                                                                          D.2. Are in-kind contributions foreseen? At
  • Delayed contributions, in cash, in a flexible way.
                                                                          what level?
The	rights	and	benefits	for	a	given	country	would	be	identical	
whichever option is chosen, as long as the commitment to In kind contributions are foreseen to be major part of partners’
contribute to the ESS is formalised before the start of the contributions. The calculation of the value of these contributions
construction phase.                                             should be based in a common evaluation of the cost.



                                                                     14
D.3. What are the financial commitments of                         people and professionals of third-party countries involved in
the central and/or regional governments of                         the ESS operation.
the host state not included in D1? VAT and
Taxes                                                            To obtain a VAT refund, the taxpayer must not be engaged
                                                                 in VAT-exempt economic activities. In this sense, it is not
                                                                 expected that the economic activity of the ESS will be exempt
Commitment of local Government
                                                                 with regard to the realisation of its internal operations. In the
As mentioned in D1, the Spanish and Basque governments case of certain tax-exempt real estate operations, it might be
assume the possibility of using the Spanish Science and possible to renounce or claim exemption from VAT, and in
Technology	 Fund	 for	 financing	 the	 construction	 and	 costs	 these cases, refunds would also be applicable.
associated with the site and its preparation. The contribution
of the Spanish and Basque governments would amount to:           Taxes, Exemptions, Refunds

  • At least 375.69 M€ of the total 1.284 M€ which the             We understand that the subjective exemption stipulated in
    construction of the source would cost                          article 5 of the provincial Economic Activities Tax regulations,
  • 17 M€, 15%, of the total annual operating costs                according to which public research bodies (section e of
  • Land                                                           the aforementioned article) are declared exempt from
  • Site preparation                                               the	 aforementioned	 tax	 without	 any	 kind	 of	 clarification	 or	
  • R&D Center                                                     limitations, is applicable.

                                                                   With regard to income tax, we should point out that there
VAT Refunds; General Regime and Nonestablished Third               are discounts as a measure to promote and attract talent.
Parties
                                                                   Specifically,	 those	 persons	 who	 take	 up	 residence	 in	 the	
                                                                   Basque Country can pay taxes during a number of years as if
The Treasury Department of the Provincial Council of Bizkaia, in
                                                                   they were not resident and in this case they will be only liable
virtue of the regulations contained in the Economic Agreement,
                                                                   to 24% income tax.
the statute of autonomy, and the Spanish Constitution, has
the authority to draw up its own tax regulations. Likewise,
                                                                   With regard to any possible technological surcharges or taxes,
regardless of the authority to regulate and manage taxation, it
                                                                   within the territory of Bizkaia there are tax deductions and
should be pointed out that with regard to VAT, regulations are
                                                                   discounts for a number of different activities in favour of the
harmonised at a European level; therefore, all provisions and
                                                                   protection of the environment, apart from the obvious need
processes come within this common European framework.
                                                                   to comply with environmental regulations. However, there is
Both the provincial and state governments are currently seeking
                                                                   no tax in the provincial or state taxation regulations levied
new exemptions to facilitate and promote the ESS facility.
                                                                   exclusively on certain activities that could have a damaging
                                                                   effect on the environment in the foreseeable future.
All taxable persons subject to VAT, established in the
territory in which the tax is applied, can obtain VAT refunds
                                                                   With	 regard	 to	 legal	 security	 within	 the	 field	 of	 taxation,	
or compensation by ordinary procedure. This can occur once
                                                                   there are mechanisms —such as binding taxation enquiries—
an activity has begun or even before, which is important with
                                                                   which guarantee this. Furthermore, proposals made before
regard to the acquisition of capital goods.
                                                                   taxation, through which taxpayers are allowed to consult the
                                                                   Administration in the case of certain operations of special
Even business people and professionals not established in the
                                                                   complexity, are a favourable instrument for the operation
territory in which the tax is applied may exercise their right
                                                                   of	the	ESS,	as	the	amount	of	the	tax	debt	can	be	quantified	
to a refund of any VAT that they have paid or, if appropriate,
                                                                   previously and in a binding manner. See Annex D3.
collected in the aforementioned territory. This regime might
be of interest in the case of operations carried out by business



                                                                   15
D.4. Are there already commitments of                                    to-long term development of capabilities in strategic areas of
other countries? Which ones? At what levels?                             research and, at the same time, supporting the development
Connected with preferential treatment?                                   of a new high technology industry in the Basque Country. It is
                                                                         expected that these Centers will be important satellites of the
                                                                         ESS, making use of the facility and attracting users.
The ESS-Bilbao candidature recognizes the importance of
both	 the	 technical	 and	 scientific	 challenges	 involved	 in	 the	
                                                                         In addition a new research center focused on accelerator
construction and operation of the future ESS and the role to
                                                                         physics and spallation technologies is being established based
be played by this large infrastructure, as detailed in the ESFRI
                                                                         on agreements between the Spanish Science Higher Research
roadmap, for international neutron research. Since it is clear that
                                                                         Council (CSIC) and the University of the Basque Country. The
many	facets	of	the	ESS	project	will	be	updated	and	modified	
                                                                         main purpose of the center will be to help to establish and grow
during the preparatory stage of the project, irrespective of the
                                                                         an industrial pole close to the ESS site, capable of providing
location, including the design of the administration model of
                                                                         ready assistance during both construction and operations. The
the	ESS,	what	its	legal	status	is	to	be,	as	well	as	the	specification	
                                                                         center is also intended as a tool to integrate the industrial and
of certain technical parameters, attempts have been made
                                                                         academic communities and serve as a resource for emergent
to collaborate with both the Scandinavian and Hungarian
                                                                         technologies.
candidates	during	this	initial	definition	phase.	The	ESS-Bilbao	
candidature has signed a cooperation agreement with the
                                                                         The activity of the aforementioned center will initially be
Hungarian candidature, which provides for the combination
                                                                         focused on the development of a reliable accelerator front
of resources, creation of synergies, and the coordination of
                                                                         end capable of providing uninterrupted service for periods
activities not only during the current stage of the candidature
                                                                         well in excess those currently achieved (about 20 days). Such
but also in successive stages, once the location of the ESS
                                                                         an	endeavor	will	be	financed	in	part	by	funds	from	the	central	
has been decided. This collaboration also includes sharing of
                                                                         administration as well as from the Basque Government. Both
technical experts where this makes sense. Furthermore a joint
                                                                         parties	have	already	agreed	to	finance	a	joint	effort	launched	
International Advisory Board has been formed to advise both
                                                                         by a cluster of companies and technology centers, together
teams during this phase of the project. This bilateral agreement
                                                                         with university and CSIC personnel. The effort comprises two
has the advantage of being open and extendable to other
                                                                         well-differentiated projects: ion source development (ITUR)
countries. This step has been well received by the international
                                                                         and full integration into a complete accelerator front end
political	and	scientific	community.	It	has	also	been	agreed	to	
                                                                         (ETORFETS).
interchange methodologies used in each country to carry out
the socio-economic impact study of such an infrastructure,
                                                                         Furthermore there are important synergies being exploited in
update the costs of the facility, etc.
                                                                         relation to activities focused on nuclear fusion technologies with
D.5. Are satellite infrastructure centres                                the	National	Laboratory	for	Fusion	by	Magnetic	Confinement	
planned?                                                                 hosted by CIEMAT. In particular, efforts are under way to
                                                                         develop expertise with the superconducting accelerator and
                                                                         the RF systems, which are being carried out within the IFMIF
For more than 25 years the Basque region has followed an
                                                                         and SPIRAL2 projects.
aggressive plan to develop a research infrastructure which is
closely linked to local industry. The region has 18 Technological
                                                                         Other user research facilities in Spain include the Alba
Centres, 6 Cooperative Research Centres, and 3 Technology
                                                                         synchrotron facility under construction near Barcelona, and
Parks (3 more are under construction).
                                                                         two supercomputer centers in Galicia and Barcelona. Linked
                                                                         by major high speed data networks throughout Europe, these
Noteworthy among these Cooperative Research Centres,
                                                                         facilities will provide the means of constructing a powerful
are the CIC Biogune, CIC Biomagune and CIC Nanogune, all
                                                                         distributed network for data management and analysis.
multi-party cooperation platforms engaged in the medium-



                                                                    16
E. Legal, organizational and security points




E.1. What is the national legal and political                                procedures, and creating the Technical Body for Nuclear
framework?                                                                   Safety and Radiological Protection.

                                                                            • National Electric System Law: This law regulates the
Spain has been a member of the European Union since 1986;
                                                                              operation of electricity and also applies to certain areas of
consequently, European regulations are in force in Spain,
                                                                              the nuclear industry since its additional provisions modify
and the Council Directives must be transposed to national
                                                                              the Nuclear Energy Act and the law creating the CSN. It
regulations.	In	addition,	Spain	has	ratified	the	Convention	on	the	
                                                                              updates the enforcement framework, introducing a new
Environmental Impact Assessment in a Transboundary Context,
                                                                              definition of radioactive waste and an additional provision
the Convention on the Safety of Spent Fuel Management and
                                                                              regarding the financing system of radioactive waste
the Safety of Radioactive Waste Management, the Nuclear
                                                                              management (RWM).
Safety Convention, and other relevant conventions. Annex
E1.1 gathers all legal aspects related to installations such as
                                                                            • Law on Public Fees and Prices for services rendered by the
the ESS in Spain. The main issues of the legal framework are
                                                                              CSN (L 14/1999): The objective of this law is to update
included there.
                                                                              the financial regime of the CSN, initially established by Law
                                                                              15/1980, adapting it to cover a series of new functions
Legislation
                                                                              undertaken by the CSN that were not previously specified.
                                                                              Through this law, the dismantling of nuclear and radioactive
In this context, the legislation is composed of a number
                                                                              installations are detailed for tax purposes, and the
of	 national	 acts	 and	 international	 conventions	 ratified	 by	
                                                                              performance of studies and drawing up of reports relating
Parliament. The following acts are directly applicable.
                                                                              to the management of spent fuel and high-level radioactive
                                                                              waste are also considered. According to this law, the CSN
  • Environmental Impact Assessment Law: This basic law
                                                                              may issue instructions itself.
    1405/2008, recasting that in the interests of the principle
    of legal certainty, regularized, clarifies and harmonises the
                                                                            • Environment Impact Assessment Royal Legislative Decrees:
    current provisions on environmental impact assessment of
                                                                              These decrees, with character of national basic legislation,
    projects.
                                                                              incorporate the Directives 85/337/CEE and 97/11/CE
                                                                              respectively, stating that any industrial project that could
  • Nuclear Energy Law: The basic Law 25/1964, regulating
                                                                              impact on the environment must have an environment
    the use of the nuclear energy and radioactive substances,
                                                                              impact declaration. Projects specified in the annexes
    established the responsibilities and the regulatory
                                                                              include those related to nuclear power plants (NPPs),
    framework for the licensing of nuclear and radioactive
                                                                              spent fuel treatment and storage facilities outside NPPs,
    installations, defined measures for the safety and protection
                                                                              and radioactive waste disposal.
    against ionising radiation, and contained provisions for civil
    liability derived from nuclear damage and penalties and
                                                                            • Regulations on health protection against ionizing radiation:
    administrative sanctions. This Law stipulated that nuclear
                                                                              This Royal Decree 783/2001 establishes the radiation
    and radioactive installations should have special facilities for
                                                                              protection system based on ICRP recommendations and
    handling, storage, and transport of radioactive waste. The
                                                                              constitutes the transposition of the EU Directive 96/29/
    Nuclear Energy Law has been modified and developed by
                                                                              EURATOM.
    other laws, royal decrees, and ministerial orders.

                                                                            • Regulations for nuclear and radioactive facilities: The
  • Creation of CSN Law: This law created the CSN as the
                                                                              Royal Decree 35/2008, which amends Royal Decree
    sole competent authority for nuclear safety and radiation
                                                                              1836/1999, defines and classifies nuclear and radioactive
    protection, independent from the government and from
                                                                              installations and details the authorisations for these types of
    the rest of the administration, and established its collegiate
                                                                              installations: preliminary or site authorisation, construction
    composition, defining its functions, actuation, and financing



                                                                       17
permit, operating permit, authorisation for modifications           Among its functions that are of interest to the ESS are the
   to the installation, authorisation for decommissioning and          following:
   dismantling, and authorisation for change of ownership.
                                                                         • “To propose the necessary regulations regarding nuclear
  • Transport regulations: The safety aspects of transport of              safety and radiological protection to the Government, as
    radioactive waste are covered by various royal decrees                 well as the revisions that it considers advisable. Within this
    and regulations (road, railway, maritime, and aerial) used to
                                                                           regulation, the objective criteria for the selection of sites for
    develop the Nuclear Energy Law and implement the IAEA
                                                                           nuclear and first category radioactive installations shall be
    and the EU radioactive material transport regulations:
                                                                           established, following the reports from the Autonomous
                                                                           Communities, in the manner and within the deadlines
   1. Rail Transport-European Agreement concerning the
                                                                           determined by regulations.”
      International Carriage of Dangerous Goods by Rail
      (RID) (BOE 21/01/2005) and R.D. 412/2001
                                                                         • “To issue reports to the Ministry of Industry and Energy,
   2. Road Transport-R.D. 2115/1998 and European
                                                                           on nuclear safety, radiological protection, and physical
      Agreement concerning the International Carriage of
                                                                           protection issues,… all activities related to the manipulation,
      Dangerous Goods by Road (ADR ) (BOE 22/03/2002)
                                                                           processing, storage and transportation of nuclear and
   3. Maritime Transport-International Maritime
                                                                           radioactive substances”.
      Organization (OMI) (BOE 5/12/2003).
   4. Aviation Transport-Real Decreto 1749/1984
                                                                         • “To carry out all types of inspections in nuclear or radioactive
      amended by Ministerial Decree 28/12/1990
                                                                           installations, during the different project, construction and
      (BOE 23/01/1991).
                                                                           commissioning stages…”
The national legislation, incorporating the EU Directives 85/337/
CEE and 97/11/CE, states that any industrial project that could          • “To carry out the inspection and control of nuclear and
impact the environment must have an environment impact                     radioactive installations during their operation and until
declaration.	 Projects	 specified	 in	 the	 Annexes	 include	 those	       their closure…”
related to nuclear power plants (NPPs), spent fuel treatment
and storage facilities outside the NPPs, and radioactive waste           • “To control the measures for the radiological protection
disposal.                                                                  of workers that are professionally exposed, and of the
                                                                           public and the environment. To monitor and control the
Other aspects of the RWM activities and facilities, such as civil          doses of radiation received by the operating personnel
liabilities, industrial risk prevention, non-radiological hazards,
                                                                           and the offsite radioactive material discharges from nuclear
and	mining	safety,	are	regulated	by	specific	regulations,	outside	
                                                                           and radioactive installations, as well as their incidence,
of nuclear regulatory system.
                                                                           specific or accumulative, in the areas of influence of these
                                                                           installations.”
ESS regulatory framework

                                                                         • “To carry out the studies, evaluations, and inspections of
The	ESS,	as	any	facility	with	a	potential	significant	radiological	
                                                                           the plans, programmes, and projects necessary in all the
impact, is subject to the following regulatory framework.
                                                                           phases of radioactive waste management.”
The CSN was created in 1980 (Law 15/1980, of 22nd April
                                                                       The	Spanish	legislation	provides	both	the	classification	of	the	
and amended by Law 33/2007, of 7th November), as the
                                                                       facility and the type of documentation required for licensing
sole body in Spain, with responsibility for nuclear safety and
                                                                       and exploitation, as well as for treatment of contaminated
radiological protection matters. This body is independent of
the state administration and reports directly to Parliament.           areas during operation.



                                                                  18
According to RD 35/2008, which amends RD 1836/1999                      Article 76 of the RD1836/1999 states that the removal
regarding the approval of the Regulation on Nuclear and                 and treatment of radioactive substances and/or disposal
Radioactive	Facilities,	the	ESS	installation	will	be	classified	as	a	   of, recycling, or reuse of radioactive materials containing
Radioactive Facility of First – Class. Article 3 of RD 35/2008,         radioactive substances from any nuclear or radioactive facility
which	amends	Title	III	of	Regulation	(RD	1836/1999),	classifies	        is subject to approval by the Directorate General for Energy
as a Radioactive Installation of First-Class those “complex             before submission to the CSN.
installations in which they handle very high inventories of
radioactive	 substances	 or	 very	 high	 fluency	 beams	 take	               • In addition, the “Contaminated Areas” chapter in RD
place, so that the potential radiological impact of the facility
                                                                               35/2008 includes a new Article 81, condensed as follows:
is	significant”.	Note that ESS-Bilbao is not considering using
                                                                               The state administrations or the owners of the facilities
the residual heat recovered from the target cooling water as
                                                                               or activities, being or not submitted to the regime of
an energy source for domestic and/or industrial use, as this
                                                                               authorizations provided for in these regulations [?], shall
would necessitate classifying the facility as nuclear.
                                                                               inform the CSN of all incidents potentially resulting in
                                                                               radiological contamination of land or water resources.
RD 35/2008 also amends Article 38 concerning requests,
which requires the following documentation:
                                                                             • Plans for mitigating the effects of, or decontamination of,
                                                                               the affected land or water resources, development of
  • Descriptive report of the facility.
                                                                               which resulted from actions of the facility owners, will be
                                                                               submitted to the CSN for assessment. After corrective
  • Safety assessment.
                                                                               actions have been taken, the CSN will proceed to inspect
                                                                               and reassess the radiological conditions in the area and may
  • Verification of the facility.
                                                                               issue a report containing a determination of whether the
  • Operation rules, including the envisaged staff, projected                  derived constraints for the land use or resources affected
    organization, and definition of the responsibilities of each               must proceed, transferring the land or resources to the
    job.                                                                       corresponding autonomous region.

  • On-site emergency plan.                                                  • The CSN will draw up an inventory of the land or water
                                                                               resources affected by radiological contamination and submit
  • Forecasts for foreseen closure and economic coverage.                      it to the relevant authorities for appropriate action.

  • Budget for the proposed investment.
                                                                      This new Article 81 will clearly be applied to the ESS, as its
                                                                      operation will involve activation of the surrounding soil and
In	addition,	status	as	a	first-class	facility	requires	submission	of	
                                                                      water resources. Annex E1.1 includes references to guidance
the following:
                                                                      recommendations issued by the CSN, as well as the current
                                                                      status of the radioactive waste management system in Spain.
   • Site description containing information about the site and
     surrounding land.

  • Operating rules containing the quality assurance manual.

  • Radiological protection manual.

  • Operational technical specifications.

  • Physical protection plan.



                                                                        19
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ESS-Bilbao ESFRI Working Group

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  • 3. Index Page 04 A. General Aspects A.1. Who is acting as project proposer (ministry/organization/agency/other)? Page 05 B. Basis on which the site proposals are presented B.1. What is the technical basis (the published technical design) of the ESS on which the site proposal is based? Page 06 B.2. In particular, what is the scientific impact of the choice of the long pulse option? Page 08 C. Costing C.1. Cost Projection and Calculation Model C.1.1. Construction and Commissioning Page 09 C.1.2. Operation costs Page 10 C.1.3. Decommissioning Costs C.2. To Which Year Does the Cost Estimate Refer? C.3. Cost Projection Breakdown C.3.1. Construction and Commissioning Page 11 C.3.2. Operation Costs Page 12 C.3.3. Site-Dependent Costs C.4. Contingency Page 13 D. Financing Points D.1. What is the financing model, what are the financial contributions foreseen and/or guaranteed for construction/commissioning/operation/decommissioning? Page 14 D.2. Are in-kind contributions foreseen? At what level? Page 15 D.3. What are the financial commitments of the central and/or regional governments of the host state not included in D1? VAT and Taxes D.4. Are there already commitments of other countries? Which ones? At what levels? Connected with preferential treatment? Page 16 D.5. Are satellite infrastructure centres planned? Page 17 E. Legal, organizational and security points E.1. What is the national legal and political framework? Page 22 E.2. What are the proposed legal and management plans? Page 24 E.3. What are the important risk and insurance issues? Page 27 F. Environment and socio-economic points F.1. What is specific for the site? Page 30 F.2. What is the local environment/infrastructure? Page 36 F.3. What are the scientific environments/infrastructures? Page 39 F.4. What are the specific risks at the site (during construction/operation/decommissioning phases)? Page 46 F.5. What is the socio-economic impact? Page 49 G. Additional Features
  • 4. A. General Aspects A.1. Who is acting as project proposer (ministry/organization/agency/other)? The ESS-Bilbao Consortium was created through an The ESS-Bilbao project is an initiative promoted by the Spanish agreement established between both governments to manage and Basque governments. The Spanish effort is conducted the preparatory stage of the ESS to ensure that it would be set through the Spanish Ministry of Science and Innovation, which up in the Basque Country and to regulate the initial financial promotes and carries out the policy of the government in commitment of both administrations, amounting to a total educational and university matters, as well as issues regarding of 10 million euros. The consortium would act as the host the promotion and general coordination of scientific research institution in charge of executing the commitments acquired and technological development. The Basque effort is managed by Spain towards the ESS legal entity, whichever form the entity through the Department of Industry, Commerce, and Tourism adopts as decided by the founding countries. For example, the and the Education, Universities, and Research Department, consortium would be responsible for receiving and managing which is responsible for proposing and carrying out policies the financial special purpose vehicle (SPV) described in D1. of scientific research and technological innovation. During The consortium is an open structure and could become the the last three years, both governments have collaborated on embryo of a future European consortium that other member the project to bring the European Spallation Neutron Source countries could join before or during the construction of the (ESS) to Spain, and more specifically to the Basque Country. ESS, as well as during different stages in the life cycle of the The collaboration became official in the presentation of the infrastructure. ESS-Bilbao candidature in October 2006 and the subsequent See Annex A. creation of a consortium in December of that same year. SPANISH BASQUE GOVERNMENT GOVERNMENT ESS-BILBAO CONSORTIUM INTERNATIONAL STEERING COMMITEE ADVISORY BOARD PROJECT TEAM STRATEGY SCIENCE BUSINESS DEVELOPMENT Figure A1. ESS-Bilbao chart 4
  • 5. B. Basis on which the site proposals are presented delivered, as stated in the 2003 Technical Report [Letchford B.1. What is the technical basis (the published 2003], by a tandem of two H+ ion sources delivering 85 mA technical design) of the ESS on which the site each, and funnelled together after the two beams have been proposal is based? accelerated up to an energy of 20 MeV. The ESS-Bilbao Concept The linac design is based on a sequence of drift tubes and The current ESS-Bilbao proposal complies with the basic coupled cavities operating at 560 MHz and a superconducting machine specifications contained in the ESFRI 2006 Roadmap on section composed of a low beta (β = 0.8) set of four cavities, Research Infrastructures [ESFRI 2006]. Accordingly we propose each composed of six cells, and operating at a frequency of a phased approach in which the first target station would be 1.120 MHz. long pulse source (LPSS) based on the construction of a linear accelerator that provides 2-ms pulses of 1.334-GeV protons Current Development Activities which impinge on a liquid metal target with an average beam Activities during the last few years within CARE (Coordinated power of 5.1 MW, 16.67 times per second. A maximum of 20 Accelerator Research in Europe) and EUROTRANS instruments could be accommodated around the equatorial (TRANSmutation of High Level Nuclear Waste in an Accelerator plane of this target station.The latter is by design optimized for Driven System) have resulted in significant advances in both ion the production of long-wavelength neutrons, enabling studies source and low-energy acceleration technologies that will surely of systems exhibiting complex hierarchical structures and have a relevant impact on the proposed accelerator design. In a wide range of dynamics with applications in most areas of consideration of these developments, our current development condensed matter sciences. activities are focused on the following studies: A second target station, capable of feeding another 20 beam • Use of a single proton source capable of delivering proton lines, would be built during a second construction phase. In the currents of 150 mA or above. Prototypes of such a initial ESS study this second station was designed to be a short proton injector, delivering some 5.000 hours/year with low pulse station (SPSS) consisting of a liquid metal target fed by downtimes, have been reported in the literature [Lazarev 2-x 0.6-µs pulses at a frequency of 50 times a second and 96]. Proton sources such as SILHI at CEA have already similar beam energy and power. Such a SPSS would provide produced currents of 130 mA at low duty factors [Scrivens higher intensities and much lower backgrounds than achievable 04]. The rationale behind pursuing such an effort stems in current short-pulse sources and would be ideally suited to from the possibility of avoiding the use of the funnel section, studies of matter in transient states or subjected to extreme which constitutes one of the most complicated parts of the environments (pressure, temperature, and magnetic, electric, accelerator. In fact, although the principles of the proposed laser fields etc.). funnel scheme were once considered advanced, there is no similar piece of equipment operating in the world today. In Although the final design of the second target station will order for the funnel section to perform as required, several be driven by emerging scientific applications and will require effects (space charge, beam rigidity, etc.) will have to be further consultation with the scientific research community mitigated. Hence the development of the funnel concept the ESS-Bilbao team is following an R&D program that would will involve a substantial research and development (R&D) allow the second phase of ESS to be constructed as either a effort that could be readily avoided if a single proton source LPSS or a SPSS. were available. The Baseline ESS-Bilbao Linac • Use of superconducting cavities (spokes, quarter-wave, etc.) for medium-energy (40 to 100 MeV) acceleration. The baseline design for the ESS-B linear accelerator (linac) The technology has already been developed, mostly geared adheres to suggestions made by ESS-I and consists of a machine towards applications within the IFMIF and SPIRAL2 projects, based on a 150 mA, proton beam. Such intensity would be 5
  • 6. and could provide a cost-effective substitute for the copper emittance characteristics of both ECR proton and -H arc- cavities both in terms of fabrication and operation. discharge sources, such as the Penning trap used at ISIS; RF- driven sources, such as the multicusp -H source in use at SNS • Behaviour of beams extracted from present-day proton [Mason 2006]; and a caesium-free, multicusp source, such as sources at medium and high energies. Present-day electron that developed by DESY [Peters 2008]. cyclotron resonance (ECR) proton sources typically deliver beams with a proton fraction somewhat less than 0.9. Over the next three years we plan to construct a complete Beam dynamics simulations using realistic conditions are accelerator capable of diagnosing ion beams generated by now being planned to obtain a better understanding of the the aforementioned ion sources. This R&D endeavour will be transport of the intense, multispecies beams. financed by both the Basque and Central governments. As a result of the collaboration established between the Spanish B.2. In particular, what is the scientific impact Ministry for Science and Innovation and the ISIS new Front- of the choice of the long pulse option? End-Test-Stand [Letchford 2007], the ESS-Bilbao project team is gaining actual work experience in developing an accelerator front end. In addition, a collaborative research group is being set The scientific impact of a high intensity, long pulse spallation up between the project team and the CEA/CNRS SUPRATech neutron source has been well documented in a number of platform with the goal of developing the baseline specifications recent reports [The ESS Project, Vol. II, New Science and for the ESS-Bilbao superconducting cavities. Technology for the 21st Century, The European Spallation Source Project, 2002, available at http://neutron.neutron-eu. The ESS-Bilbao Ion Source: Current Developments net/n_documentation/n_reports/n_ess_reports_and_more/102.; A Second Target Station at ISIS, RAL-TR-2000-032, 2000, The most prominent activity dealing with technical issues carried available at http://ts-2.isis.rl.ac.uk/scienceCase/.; Medium to out within the realm of ESS-Bilbao concerns development work Long-Term Future Scenarios for Neutron Based Science in on ion sources. As is well known, because the radio-frequency Europe [ESFRI 2003]] quadrupole (RFQ) transmission decreases rapidly with increasing emittance and increasing beam current, the beam Furthermore the scientific potential of instrumentation current required from the ion source and low-energy beam based on a long pulse design was evaluated in the Engelberg transport (LEBT) system depends strongly on beam emittance. [Engelberg 2002] and Rencurel [Rencurel 2008] workshops. In fact, the requirement of a 150-mA current at the beginning of the medium-energy beam transport (MEBT) system requires The rationale for choosing a long pulse option for the first target an RFQ input current between 85 and 95 mA for a normalized station of ESS is based on a number of technical advantages: rms emittance between 0.20 and 0.35 π.mm.mrad. In other words, development of a low-emittance source is essential. In • The use of long pulses (of the order of a millisecond) addition, as recognized by various ESS documents [Letchford reduces significantly the effects of cavitation in the mercury 2003], improving the reliability of high-power, high-duty cycle target even at the high energies per pulse set forth in the +H ion sources is a necessity if the design specification of the reference design (~300kJ per pulse). ESS accelerator is to be met within a reasonable lapse of time. To meet the requirement of producing 60-mA peak current • A long pulse target station eliminates the need for an in the MEBT section, our research programme is aimed at accumulator ring and associated beam chopping and hence developing a high-current, low-emittance ion source and an allows more power to be delivered to the target. This is LEBT that induces minimal emittance growth. The first phase also more cost effective. of this programme, which is financed through the ministries of Industry and Education & Science [ITUR 2007], is well under • The long neutron pulse also allows greater flexibility for the design of scattering instrumentation using appropriate band way and consists of a test stand capable of comparing the 6
  • 7. at distances up to 1 micron). This order-of-magnitude range width selection and repetition rate choppers to optimize extension will lead directly to new insights into forefront to the required resolution. highly complex and difficult problems, for example elucidating • The long-proton pulse also provides better optimization the detailed processes and molecular drivers leading to the of the target-moderator-reflector configuration that lead folding of proteins that is essential for them to carry out their to additional increases in the neutron beam intensities in biological role. particular for cold neutrons. Another example can be found in the field of neutron The reports referenced above show three major themes reflectometry, which has long been a unique and powerful appearing throughout the discussions of forefront science. tool for probing the atomic or magnetic density normal to The first is the desire to extend current capabilities to be surfaces and layered materials. In principle, lateral structures in able to answer more difficult questions. These may involve such systems can also be probed on neutron reflectometers, extending measurements to higher resolution, performing using grazing-incidence techniques such as grazing-incidence the measurements in the presence of a more difficult sample diffraction or grazing-incidence small-angle neutron scattering environment and concomitant restrictions to smaller samples, (SANS). However, the extremely weak signals have made the or measurements made to higher precision to look for subtle use of such techniques very difficult, if not impossible, with intensity variations or line shape effects. The second is the the neutron beam intensities that have been available up to desire to extend most types of measurements to parametric now. The much higher intensity of cold neutrons, coupled with studies exploring ranges of compositions, external fields such emerging new techniques such as spin-echo resolved grazing- as temperature or pressure, or time scales, as in kinetic studies. incidence scattering, will enable the full capabilities of neutrons The third is the general tendency toward the study of systems (isotopic sensitivity, magnetic moment) to be brought to bear exhibiting greater complexity, such as the complex chemical in the study of such lateral surface structures at length scales of systems that occur in many soft matter studies, aspects of about 10 to 1.000 nanometers or more.This exciting prospect macromolecular functionality important in biology that can will open up broad forefront scientific areas to study with be explored using neutron scattering, or the multi-component neutrons, including lateral structures in lubricating or adhesive systems important to the geophysical properties and functions layers, wetting phenomena, block copolymer or liquid crystal relevant to earth sciences. These trends are all evident today layers on surfaces, artificial biomembranes or biomimetic as scientists stretch the capabilities of existing neutron sources systems, self-assembly of nanoparticles on surface templates, and instrumentation to try to extend their measurements and perhaps even real biological membranes. into some of these areas. The long pulse ESS will provide major new capabilities that support these three themes and A third example of new capabilities lies in the use of very significantly extend the types of scientific problems that can highly focused neutron beams. At present, neutron focusing be fruitfully addressed with neutron scattering. By focusing devices easily achieve focused beam sizes of <100 microns, on and optimizing for the production of cold neutrons this and focused neutron beams ~10 microns in size will be new facility will provide much higher cold-neutron intensities possible in the near future. The neutron intensity that will be than heretofore available on any pulsed neutron source. These available in such focused beams will be enough to measure the higher fluxes translate into the ability to study much smaller very weak absorption or scattering produced by the relatively samples, more-weakly-scattering processes, and/or higher-rate small number of sample atoms illuminated by a beam of this kinetic behaviors. They also translate into the ability to extend size. This, of course, will permit the study of such very small measurements to study of larger length scales and slower samples, and should also create opportunities to develop dynamical processes. instrumentation for various types of scanning neutron probes for exploring minute regions of larger samples. The availability For example, higher intensities permit tightening the resolution of intense neutron beams of this size will generate new to provide an order-of-magnitude extension of neutron techniques that will open up totally new scientific fields with scattering dynamical studies to probe longer time scales (slower motions) at longer length scales (times up to 10 microseconds an ultimate potential that is at present only dimly imagined. 7
  • 8. C. Costing C.1. Cost Projection and Calculation Model As a final example of new scientific capabilities provided by the ESS, we mention the area of kinetic studies. The C.1.1. Construction and Commissioning unprecedented fluxes will allow all structural and dynamical measurements to be made much faster. This will, of course, facilitate parametric measurements probing material structures Updating the ESS 2002 Project costs to 2008-year prices, the and dynamics as functions of environmental conditions such as estimated construction and commissioning cost of locating the temperature, pressure, applied magnetic or electrical field, or ESS 5-MW LP in Bilbao is 1.284 MEur, including a contingency provision of 15%. This cost corresponds to work packages changing chemical composition of the environment. However, or subsystems 1.1 to 1.8, in accordance with the ESS Project perhaps even more exciting, these rapid measurements will Work Breakdown Structure presented in the ESS Volume III allow structural measurements (at length scales ranging from Update Report. hundreds of nanometers down to fractions of one nanometer) to be made in a few seconds or less, allowing the kinetics of Additionally, although the following two concepts were relaxation processes or the approach to chemical equilibrium considered but not costed in the aforementioned report, we to be followed on such time scales.This will enable much more have costed them with the following result: extensive neutron exploration of the behavior of systems far from equilibrium and the approach to equilibrium than has • Construction of a waste management facility estimated at previously been possible. In favorable cases pump-probe or 18.5 M€. other sample modulation techniques can extend these types of measurements down to a few microseconds, allowing • Site conditioning required to meet the ESS Project much more detailed study of the initial relaxations in far-from- specifications estimated at 88 M€. equilibrium conditions in a wide variety of systems. Subtotal Cost (M€) In summary, the quantum jump in performance brought by the Updating of ESS 2002 Project costs 1.284,0 ESS will provide researchers with the means to probe distance Waste Management Facility 18,5 and time scales that have hitherto been unavailable, but are Site conditioning 88,0 critical to answering some of the grand challenge questions facing our society. Extending the range of measurement to Table C1. Total construction cost estimate longer distances and slower time scales enables the study of systems exhibiting greater complexity, such as the complex Updating the ESS 2002 Project costing results in a 30% chemical systems that occur in many soft matter studies, aspects increase with respect to the 989 M€. quoted for the ESS Stage of macromolecular functionality important in biology that can 1 in the ESS Volume III Update Report. The increase is driven be explored using neutron scattering, or the multi-component mainly by the increased costs of certain raw materials such as systems important to the geophysical properties and functions steel, copper, and niobium, which are well above the general relevant to earth sciences. Furthermore the unprecedented Consumer Price Index (CPI) evolution. high intensities will also enable very short measurement times 1.600 with the routine use of parametric studies to explore systems 1.400 1.284 far from equilibrium, in transient states, or in approach to 30% 1.200 19% (CPI) 989 equilibrium. In addition to these unique capabilities, the high 1.000 0% 800 intensities of cold neutrons will enable smaller samples to M€ 600 be measured, under more complex environments, thereby 400 200 providing information on materials under extreme conditions 0 hitherto unattainable. ESS Project (2002) ESS Bilbao (2008) Fig C1. 5-MW LP ESS construction cost increase See Annex B. with respect to 2002 costing 8
  • 9. Updating of the cost projection, based on the 2002 ESS Project provided in the ESS 2002 Project (Vol III and Volume III costing, has been performed as follows: Update). In addition to updating estimates to 2008-year costs for the Bilbao area, technical support and project • Machine costs have been revised and updated based management staffing costs for the design and construction on identification of the principal cost drivers for each of the conventional facilities has been added. major part, with special attention to the linac, target, and instrumentation, and an analysis of price evolution in Europe Cost estimates have been cross-checked with SNS and ISIS from 2000 to 2008 for different parts. Site-dependent data. considerations were not included. • Estimation of the capital costs for conventional facilities was C.1.2. Operation costs performed by quoting the works and installations described in Design and Cost Calculation Report for Conventional Facilities by DP21 Engineering (2002). The new estimate At 2008-year prices, the total operation budget is estimated at was obtained by applying 2008 construction prices for the 116,5 MEur/year. The cost is split as follows: Bilbao area. Operation Costs M€ 2008 General costing terms considered in the ESS 2002 Project were also used for the cost projection quoted herein: ESS 2002 Project costing update 116,5 Insurance (see section E3) 2,5 • Construction costs include all costs from project approval Emission and Waste Management 1,0 to fabrication, assembly, testing, and commissioning. Table C.2 ESS 5-MW LP annual operation budget at 2008-year prices • Preproject costs for project definition, preplanning, baselining, construction preparation, prototyping, and The ESS 2002 Project costing update (116,5 M€ for project approval are not included. consumables, personnel, and maintenance and instruments) was derived on the same basis as the update of the machine • Costs do not include value-added taxes or customs duties construction budget. The following points should be noted: and are based on the assumption that the purchasing procedure will be based on a “best value for money” • Consumption of up to 70 MW (total installed power) was policy. computed as an upper bound for the LPSS instead of the 36 MW originally considered. This is the main reason for the Other comments regarding the basis for costing: large increase (up to 42%) with respect to the operation costs computed in ESS 2002 Project Vol III Updated Report • The potential savings derived from a new linac configuration, for ESS Stage 1. optimized for the LPSS (H+ beam and others) and including the latest advances in SC technologies, has not • The personnel cost, estimated for a workforce of 412 been considered because further development work and employees, was updated according to the CPI evolution baselining design is required for a reliable assessment of in Europe from 2000 to January 2008. Potential savings these savings. from the site impact on salaries (especially for general administration and routine maintenance operations) was • The available information on the costing of the conventional not considered. facilities (by DP21 Engineering) provides an estimate for the capital cost of the conventional facilities, which is almost Operation costs were cross-checked with data from other coincident with the total cost of the conventional facilities neutron source facilities such as ILL and ISIS. 9
  • 10. C.1.3. Decommissioning Costs The ESS 2002 Project costing shows a slightly different split of costs, mainly due to the following: A preliminary cost assessment for decommissioning is • Site dependence of conventional facilities cost. With respect estimated at 170 M€. to the European average, Spain and the Bilbao area offer C.2. To Which Year Does the Cost Estimate competitive prices both for materials and labour. Hence Refer? the contribution of conventional facilities to the total cost decreases from about 35% to 32%, despite the addition of All estimates refer to March 2008 prices except for the CPI, staff costs, which were not computed in the Cost Report for which December 2007 data were used. by DP21 Engineering. C.3. Cost Projection Breakdown • For main equipment in the machine subsystems, increase C.3.1. Construction and Commissioning in capital costs above the CPI growth value. Thus, the linac subsystem contribution to the total price increases Updating of ESS 2002 Project Costing: (from about 38% to 42%). The contribution of the target is maintained within 10% because of the higher ratio of staff The following table shows a basic breakdown of construction costs to capital costs of this subsystem. costs, which is based on the original classification used for the ESS 2002 Project costing. The ring & achromat subsystem (1.4) The split of the overall cost in capital and staff costs gives the was removed, as it is not being required for the 5-MW LPSS. following numbers: Construction Major Subsystems Cost M€ 2008 1,1 Instruments & Scientific Utilization 82 100% 1,2 Target Systems 113 90% 1,3 Beam Transfer to Targets 14 80% 78,3% 1,5 Linac & Front End 465 70% 1,6 Coventional Facilities 363 60% 1,7 Controls System 38 50% 1,8 Management & Admin. Support 42 40% Total Estimated Costs 1.116 30% 21,7% 20% Contingency (15%) 167 10% Total Project Costs 1.284 0% Capital Costs Staff Costs Table C3. Construction costs breakdown Fig C3. Cost split in capital and staff costs The following figure shows that about 42% of the total costs are for the linac and front end, whereas conventional facilities contribute about 32.5%. Because of the significant increase in the price of raw materials, Linac Conventional & Front End Facilities the capital cost contribution to the total cost increases from 41,7 % 32,5 % about 75% to above 78%. Control System 3,4 % For the cost update of the machine, the cost evolution from 2000 to 2008 for staff and the most relevant raw materials and supplies, as well as the CPI evolution in Europe, was considered. Management & CPI evolution can be considered as a good indicator not only Beam Transfer Admin. Support to Targets Target 3,8 % for the overall trend of price increases but also for salary Systems Instruments & Scientific 1,2 % Utilization 7,3 % evolution, as they are generally updated according to the 10,1 % annual CPI. Fig C2. Cost distribution for different subsystems 10
  • 11. Despite these additional costs and because of the lower From 2000 to 2008, the average CPI in Europe has increased construction material and labor costs in Spain with respect to by about 19% (OECD data for “OECD-Europe except high the European average, the conventional facilities cost increase inflation countries”). Because machine subsystems would be was kept below 20%. Thus, the relative contribution of the acquired from different European countries and suppliers, a 1.2 conventional facilities to the total cost is lower than in previous factor was applied for items driven by staff and manufacturing cost estimations. costs. Additional Cost Estimates: In addition to the influence of the CPI, products made of raw materials such as steel, copper, and niobium play a major role The cost estimate for the waste management facility is 18.5 in the overall cost increases for several subsystems. Prices for MEur, including a 15% contingency provision, and provides these materials have increased as much as 60, 300, and 280%, for a buried 60-x30-m concrete building with steel shielding, respectively, leading to capital cost increases of up to 40 to several manipulators, and lead glass windows. 45% for some equipment. The Site Conditioning, quoted at 88 MEur (including Site-dependent considerations have not been considered for contingency), includes excavation and flattening, transportation the costing of the machine. of soil materials, construction of the perimeter main drainage ditch, and the construction of a circular gallery/tunnel for local The cost projection of the conventional facilities was obtained stream diversion. by applying 2008 construction prices for the Bilbao area to the work described in the Cost Report by DP21 Engineering, thus C.3.2. Operation Costs directly accounting for the site dependence of material and labor costs. ESS 2002 Project Cost Updating: With respect to the DP21 Engineering cost report: The following table shows the basic breakdown for operation costs, according to the original classification used in the ESS • Only the items related to the LPSS are quoted. The 2002 Project costing. dimensions and consumption of the guest houses and central office & laboratories buildings were also adapted to the needs of the LPSS. Operation Breakdown of Operation Costs according to ESS 2002 Project costing update Costs M€ 2008 Energy 23,0 • No provision for piles in the target foundation was Other consumables 18,0 considered, as it is directly supported on high bearing Personnel 34,0 strength soil. The cost reduction is estimated at 3.75 M€. Maintenance, spares 20,0 Instruments 18,0 • No cost savings were considered because of potential Total 113,0 reduction in the volume and cryogenic power requirements Table C.4 Annual operation costs breakdown for the front-end building and linac tunnel. Estimated to be 10 MEur2000 according to the ESS 2002 Project Updated Report, the savings should be further assessed in view of the definitive baselining for the ESS 5MW LP configuration. • A provision of 55 M€ was included for technical support and project management staff. 11
  • 12. As for the ESS 2002 Project, staff costs are estimated for a total Decommissioning: Waste Disposal, of 412 posts, and instrument costs refer to the development, Remediation/Rehabilitation refurbishment, or replacement of three instruments every two years in the long term. The cost update was carried out on In accordance with Spanish regulations, it is assumed that the the same basis previously explained for construction costs. For operating organisation will be responsible for deactivation personnel costs, local cost effects were not considered. and cleanup of the facility. After this period, the facility would be handed over to ENRESA, which would undertake the Regarding energy costs, the total power installed for the ESS decommissioning activities of the installations and associated 5MW LP was considered at 70 MW, instead of the 36 MW active components. A preliminary cost assessment of 170M€ originally stated in the ESS 2002 Project costing. This fact, was determined for decommissioning and dismantling activities. together with an increase in the unit cost for electricity from This estimate was based on management of the radioactive 0.04 to 0.05 €/kWh, led to a relevant increase in the total materials that will be generated during dismantling, one of the energy costs. major tasks that will be undertaken by ENRESA during this stage (See Annex C1). The operation budget breakdown in capital, staff, and C.3.3. Site-Dependent Costs consumables (33, 30, and 37%, respectively) shows figures similar to those for the complete installation at 2000 prices. Site-dependent impact on costs was considered only for the Other construction of conventional facilities. In this sense, the Bilbao Consumables Personnel 16,0 % 29,8 % area offers competitive prices with respect to the average in Europe, as shown in the cost analysis. The machine subsystems will be acquired from specialized suppliers throughout Europe; thus, average European price increases were used for cost updating. Operation costs were also computed on an average Energy 21,2 % Maintenance, European basis. Potential savings from local salaries of general spares Instruments administration and routine maintenance operation staff were 17,4 % 15,5 % not considered. Fig C4. Operating cost breakdown C.4. Contingency Insurance Cost A 15% contingency is generally included. See Annex C. From first approximation, an insurance cost of 2.5 M€/year is considered to be an upper bound. According to NEA and Before continuing to the next section, please note that the ILL information, civil liability insurance for a nuclear reactor aforementioned costs should be considered as an upper source covering a maximum capital of 700 M€ could amount bound, easily reduced if improvements in linac designs, such to this figure. Although the potential risk of radioactive release as those referred in section B.1, come to fruition. is much lower in the ESS case, other risks as mercury emission in case of an accidental fire must be considered. Waste Management According to our preliminary studies, waste management costs will be about 1 M€/year for the life of the installation. 12
  • 13. D. Financing Points D.1. What is the financing model, what are to its construction costs of over 15%. In order to calculate the the financial contributions foreseen and/or site premium in a transparent way, the following assumptions guaranteed for construction/commissioning/ about the percentage of the costs assumed by the Spanish operation/decommissioning? candidature are made. We assume that 70% of the costs of the conventional installations are covered by Spain. The We have developed a possible financing system for the source, remaining 30% of these costs will be divided among those which is sustainable for the Basque and Spanish Governments countries participating in the construction phase of the ESS and is also attractive for potential collaborations with third project. Likewise, the costs of the remaining work packages party countries. In order to do this, the input and output flows (instruments, target, accelerators, controls and networks, involved in the construction and operation of the spallation management and administrative support) would be divided among the aforementioned countries and Spain, the portion neutron source have been analysed. corresponding to Spain being calculated as the ratio between its Regarding the output flows, we have considered the costs contribution to the European GDP vs that of all the countries included in Section C of this report, that update the estimations considered. Once the source has been built, operating costs made by Bohn et al. in the ESS Project Volume III, Technical will be divided based on the property rights, in other words, Report (2003). The total budget amounts to 1284 million Spain with 15% of the property, would assume 15% of the 2008 euros to construct the source and 116,5 million 2008 operating costs. euros per year for its maintenance. All the results discussed below are expressed in 2008 euros, which must be adjusted Calculated in this way, the contribution of ESS-BILBAO would according to the corresponding inflation in order to convert amount to 375.69 million 2008 euros of the total of 1.284 them into euros of the year in which construction begins. The million euros which the construction of the source would annual outlay implied by the source has been broken down cost, in other words, 29.25% of the total cost. Thus, the site in time over a period of 20 years, in accordance the cost premium would represent 14.25% of the total costs. The estimation of Section C, and using information from the SNS Spanish contribution to the annual operating costs would be 17 million 2008 euros, 15% of the total operating costs. Completion Report. The Spanish contribution of the ESS-BILBAO would be With regard to input flows, initially the contribution from the financed through the General State Budget and the Basque ESS-BILBAO candidature will be used. This contribution is Government Budget. The increase in tax revenue due to calculated in accordance with the basic assumption that the aim a greater economic activity during the construction and of the ESS-BILBAO consortium is to keep 15% of the property operation of the Spallation Neutron Source (see heading F.5) rights and consequently 15% of the right of use. Keeping 15% justifies this investment. Use of a part of the structural funds of the rights of use of the source would involve an ambitious assigned to Spain for this purpose is not envisaged. expansion project of activities relating to neutron sciences, taking advantage of the synergies that would arise from the The remaining funds required for the construction and operation installation of the source in Bilbao (see heading D.5). It seems of the source would be obtained from other countries or especially important to foster the use of neutron research by entities. In principle, the contribution of other countries in private companies by means of public-private partnerships. kind (through the construction of instruments, accelerators, Due to the fact that a major part of the economic benefits etc.) would be perfectly feasible during the construction phase (see the results of the socio-economic analysis) resulting from and it is considered that this may amount to 70% of the total the installation of the source would come to the Basque costs (corresponding to the non-conventional part of ESS). Country and Spain, we assume that the contribution of the However, the feasibility of a contribution of this type would Spanish candidature should include a premium, in the form of be examined according to the merits of each individual case. an increased share of the construction costs. In other words, During the operation phase, the participation of countries 15% of the rights to use the source would mean a contribution not having contributed to the construction of ESS is also 13
  • 14. foreseen, similarly to the ILL scheme, as Scientific Associate This scheme will only be put into operation when a sufficient Members. These would have to pay a fixed amount annually number of countries, accounting for a substantial % of total for compensation of past investments, as well as a percentage construction cost, formalise their commitment to participate. of the annual operating costs of the facility according to their beam time usage. In view of the fact that the aim of the ESS-BILBAO candidature is to keep 15% of the property rights of the ESS, the remaining In addition to the ordinary contribution from Spain, the 85% (priced as if it were only the 71,75% given the site ESS-BILBAO offer includes a powerful tool for ensuring a premium) has to be obtained from other countries through smooth evolution of the ESS construction (by ensuring the a commitment to pay it according to a particular time table availability of the required funds in due time according to the suitable to each country involved. In order to illustrate the ESS construction schedule) as well as for facilitating the other SPV behaviour, an intellectual exercise has been made ESS member countries to pay their contributions in a flexible according to certain assumptions (See the enclosed study in way. As we have already announced in several European the corresponding annex D.1). In this exercise, a conservative meetings, the ESS-BILBAO consortium proposes the creation assumption has been made on the way the contributions from of an innovative financial instrument to meet the construction the other countries committed to the construction of the costs of the source, an SPV designed in an ad-hoc manner and European spallation neutrons source are paid: we assume that managed by the ESS-BILBAO consortium. This SPV would be the construction would begin without any contribution paid but financed via the contributions of all the countries that wish to the Spanish one. However, little by little, during the remaining have a share of the property of the ESS and hold it from the seven years, all the obligations relating to these property rights first moment. Interested countries would present to the SPV over and above the 15% which the Spanish candidature wishes their annual payment plans and in compensation they would to keep, are being honoured. With regard to the speed with be granted the corresponding property rights over the source. which instalments by other countries do come in, we propose Clearly, the payment plans of the different countries do not a linear scenario in which 85% of the property comes in at a necessarily need to coincide with the annual expenditure uniform annual rate. forecasts in order to meet the costs of the construction. In this sense, the ESS-BILBAO will receive from the Spanish National Annex D.1 explains carefully the details of this scheme. The Science and Technology Fund the funds required to adapt the role played in the SPV by the National Science and Technology money inputs generated by the annual contributions of the Fund would make it unnecessary for countries interested in participating countries to the money outputs required by the acquiring part of the ownership rights of the source before construction of the Source, and in this way, the availability of the start of the construction to resort to external resources, the annual funds required to meet the costs of the construction including European Investment Bank (EIB) credits. For the is guaranteed. simulation presented above that would imply between 88,7 and 108,4 million euros saving for the interested countries, In other words, the countries participating to the construction assuming a interest rate of 4.5% or 5.5% Moreover, this of the ESS in Bilbao may choose between these two options instrument would allow interested countries to present for paying their contributions: flexible annual contribution profiles in accordance with their own budgetary limitations and restraints. See Annex D1. • Regular contributions, in cash or in kind, according to the construction schedule. D.2. Are in-kind contributions foreseen? At • Delayed contributions, in cash, in a flexible way. what level? The rights and benefits for a given country would be identical whichever option is chosen, as long as the commitment to In kind contributions are foreseen to be major part of partners’ contribute to the ESS is formalised before the start of the contributions. The calculation of the value of these contributions construction phase. should be based in a common evaluation of the cost. 14
  • 15. D.3. What are the financial commitments of people and professionals of third-party countries involved in the central and/or regional governments of the ESS operation. the host state not included in D1? VAT and Taxes To obtain a VAT refund, the taxpayer must not be engaged in VAT-exempt economic activities. In this sense, it is not expected that the economic activity of the ESS will be exempt Commitment of local Government with regard to the realisation of its internal operations. In the As mentioned in D1, the Spanish and Basque governments case of certain tax-exempt real estate operations, it might be assume the possibility of using the Spanish Science and possible to renounce or claim exemption from VAT, and in Technology Fund for financing the construction and costs these cases, refunds would also be applicable. associated with the site and its preparation. The contribution of the Spanish and Basque governments would amount to: Taxes, Exemptions, Refunds • At least 375.69 M€ of the total 1.284 M€ which the We understand that the subjective exemption stipulated in construction of the source would cost article 5 of the provincial Economic Activities Tax regulations, • 17 M€, 15%, of the total annual operating costs according to which public research bodies (section e of • Land the aforementioned article) are declared exempt from • Site preparation the aforementioned tax without any kind of clarification or • R&D Center limitations, is applicable. With regard to income tax, we should point out that there VAT Refunds; General Regime and Nonestablished Third are discounts as a measure to promote and attract talent. Parties Specifically, those persons who take up residence in the Basque Country can pay taxes during a number of years as if The Treasury Department of the Provincial Council of Bizkaia, in they were not resident and in this case they will be only liable virtue of the regulations contained in the Economic Agreement, to 24% income tax. the statute of autonomy, and the Spanish Constitution, has the authority to draw up its own tax regulations. Likewise, With regard to any possible technological surcharges or taxes, regardless of the authority to regulate and manage taxation, it within the territory of Bizkaia there are tax deductions and should be pointed out that with regard to VAT, regulations are discounts for a number of different activities in favour of the harmonised at a European level; therefore, all provisions and protection of the environment, apart from the obvious need processes come within this common European framework. to comply with environmental regulations. However, there is Both the provincial and state governments are currently seeking no tax in the provincial or state taxation regulations levied new exemptions to facilitate and promote the ESS facility. exclusively on certain activities that could have a damaging effect on the environment in the foreseeable future. All taxable persons subject to VAT, established in the territory in which the tax is applied, can obtain VAT refunds With regard to legal security within the field of taxation, or compensation by ordinary procedure. This can occur once there are mechanisms —such as binding taxation enquiries— an activity has begun or even before, which is important with which guarantee this. Furthermore, proposals made before regard to the acquisition of capital goods. taxation, through which taxpayers are allowed to consult the Administration in the case of certain operations of special Even business people and professionals not established in the complexity, are a favourable instrument for the operation territory in which the tax is applied may exercise their right of the ESS, as the amount of the tax debt can be quantified to a refund of any VAT that they have paid or, if appropriate, previously and in a binding manner. See Annex D3. collected in the aforementioned territory. This regime might be of interest in the case of operations carried out by business 15
  • 16. D.4. Are there already commitments of to-long term development of capabilities in strategic areas of other countries? Which ones? At what levels? research and, at the same time, supporting the development Connected with preferential treatment? of a new high technology industry in the Basque Country. It is expected that these Centers will be important satellites of the ESS, making use of the facility and attracting users. The ESS-Bilbao candidature recognizes the importance of both the technical and scientific challenges involved in the In addition a new research center focused on accelerator construction and operation of the future ESS and the role to physics and spallation technologies is being established based be played by this large infrastructure, as detailed in the ESFRI on agreements between the Spanish Science Higher Research roadmap, for international neutron research. Since it is clear that Council (CSIC) and the University of the Basque Country. The many facets of the ESS project will be updated and modified main purpose of the center will be to help to establish and grow during the preparatory stage of the project, irrespective of the an industrial pole close to the ESS site, capable of providing location, including the design of the administration model of ready assistance during both construction and operations. The the ESS, what its legal status is to be, as well as the specification center is also intended as a tool to integrate the industrial and of certain technical parameters, attempts have been made academic communities and serve as a resource for emergent to collaborate with both the Scandinavian and Hungarian technologies. candidates during this initial definition phase. The ESS-Bilbao candidature has signed a cooperation agreement with the The activity of the aforementioned center will initially be Hungarian candidature, which provides for the combination focused on the development of a reliable accelerator front of resources, creation of synergies, and the coordination of end capable of providing uninterrupted service for periods activities not only during the current stage of the candidature well in excess those currently achieved (about 20 days). Such but also in successive stages, once the location of the ESS an endeavor will be financed in part by funds from the central has been decided. This collaboration also includes sharing of administration as well as from the Basque Government. Both technical experts where this makes sense. Furthermore a joint parties have already agreed to finance a joint effort launched International Advisory Board has been formed to advise both by a cluster of companies and technology centers, together teams during this phase of the project. This bilateral agreement with university and CSIC personnel. The effort comprises two has the advantage of being open and extendable to other well-differentiated projects: ion source development (ITUR) countries. This step has been well received by the international and full integration into a complete accelerator front end political and scientific community. It has also been agreed to (ETORFETS). interchange methodologies used in each country to carry out the socio-economic impact study of such an infrastructure, Furthermore there are important synergies being exploited in update the costs of the facility, etc. relation to activities focused on nuclear fusion technologies with D.5. Are satellite infrastructure centres the National Laboratory for Fusion by Magnetic Confinement planned? hosted by CIEMAT. In particular, efforts are under way to develop expertise with the superconducting accelerator and the RF systems, which are being carried out within the IFMIF For more than 25 years the Basque region has followed an and SPIRAL2 projects. aggressive plan to develop a research infrastructure which is closely linked to local industry. The region has 18 Technological Other user research facilities in Spain include the Alba Centres, 6 Cooperative Research Centres, and 3 Technology synchrotron facility under construction near Barcelona, and Parks (3 more are under construction). two supercomputer centers in Galicia and Barcelona. Linked by major high speed data networks throughout Europe, these Noteworthy among these Cooperative Research Centres, facilities will provide the means of constructing a powerful are the CIC Biogune, CIC Biomagune and CIC Nanogune, all distributed network for data management and analysis. multi-party cooperation platforms engaged in the medium- 16
  • 17. E. Legal, organizational and security points E.1. What is the national legal and political procedures, and creating the Technical Body for Nuclear framework? Safety and Radiological Protection. • National Electric System Law: This law regulates the Spain has been a member of the European Union since 1986; operation of electricity and also applies to certain areas of consequently, European regulations are in force in Spain, the nuclear industry since its additional provisions modify and the Council Directives must be transposed to national the Nuclear Energy Act and the law creating the CSN. It regulations. In addition, Spain has ratified the Convention on the updates the enforcement framework, introducing a new Environmental Impact Assessment in a Transboundary Context, definition of radioactive waste and an additional provision the Convention on the Safety of Spent Fuel Management and regarding the financing system of radioactive waste the Safety of Radioactive Waste Management, the Nuclear management (RWM). Safety Convention, and other relevant conventions. Annex E1.1 gathers all legal aspects related to installations such as • Law on Public Fees and Prices for services rendered by the the ESS in Spain. The main issues of the legal framework are CSN (L 14/1999): The objective of this law is to update included there. the financial regime of the CSN, initially established by Law 15/1980, adapting it to cover a series of new functions Legislation undertaken by the CSN that were not previously specified. Through this law, the dismantling of nuclear and radioactive In this context, the legislation is composed of a number installations are detailed for tax purposes, and the of national acts and international conventions ratified by performance of studies and drawing up of reports relating Parliament. The following acts are directly applicable. to the management of spent fuel and high-level radioactive waste are also considered. According to this law, the CSN • Environmental Impact Assessment Law: This basic law may issue instructions itself. 1405/2008, recasting that in the interests of the principle of legal certainty, regularized, clarifies and harmonises the • Environment Impact Assessment Royal Legislative Decrees: current provisions on environmental impact assessment of These decrees, with character of national basic legislation, projects. incorporate the Directives 85/337/CEE and 97/11/CE respectively, stating that any industrial project that could • Nuclear Energy Law: The basic Law 25/1964, regulating impact on the environment must have an environment the use of the nuclear energy and radioactive substances, impact declaration. Projects specified in the annexes established the responsibilities and the regulatory include those related to nuclear power plants (NPPs), framework for the licensing of nuclear and radioactive spent fuel treatment and storage facilities outside NPPs, installations, defined measures for the safety and protection and radioactive waste disposal. against ionising radiation, and contained provisions for civil liability derived from nuclear damage and penalties and • Regulations on health protection against ionizing radiation: administrative sanctions. This Law stipulated that nuclear This Royal Decree 783/2001 establishes the radiation and radioactive installations should have special facilities for protection system based on ICRP recommendations and handling, storage, and transport of radioactive waste. The constitutes the transposition of the EU Directive 96/29/ Nuclear Energy Law has been modified and developed by EURATOM. other laws, royal decrees, and ministerial orders. • Regulations for nuclear and radioactive facilities: The • Creation of CSN Law: This law created the CSN as the Royal Decree 35/2008, which amends Royal Decree sole competent authority for nuclear safety and radiation 1836/1999, defines and classifies nuclear and radioactive protection, independent from the government and from installations and details the authorisations for these types of the rest of the administration, and established its collegiate installations: preliminary or site authorisation, construction composition, defining its functions, actuation, and financing 17
  • 18. permit, operating permit, authorisation for modifications Among its functions that are of interest to the ESS are the to the installation, authorisation for decommissioning and following: dismantling, and authorisation for change of ownership. • “To propose the necessary regulations regarding nuclear • Transport regulations: The safety aspects of transport of safety and radiological protection to the Government, as radioactive waste are covered by various royal decrees well as the revisions that it considers advisable. Within this and regulations (road, railway, maritime, and aerial) used to regulation, the objective criteria for the selection of sites for develop the Nuclear Energy Law and implement the IAEA nuclear and first category radioactive installations shall be and the EU radioactive material transport regulations: established, following the reports from the Autonomous Communities, in the manner and within the deadlines 1. Rail Transport-European Agreement concerning the determined by regulations.” International Carriage of Dangerous Goods by Rail (RID) (BOE 21/01/2005) and R.D. 412/2001 • “To issue reports to the Ministry of Industry and Energy, 2. Road Transport-R.D. 2115/1998 and European on nuclear safety, radiological protection, and physical Agreement concerning the International Carriage of protection issues,… all activities related to the manipulation, Dangerous Goods by Road (ADR ) (BOE 22/03/2002) processing, storage and transportation of nuclear and 3. Maritime Transport-International Maritime radioactive substances”. Organization (OMI) (BOE 5/12/2003). 4. Aviation Transport-Real Decreto 1749/1984 • “To carry out all types of inspections in nuclear or radioactive amended by Ministerial Decree 28/12/1990 installations, during the different project, construction and (BOE 23/01/1991). commissioning stages…” The national legislation, incorporating the EU Directives 85/337/ CEE and 97/11/CE, states that any industrial project that could • “To carry out the inspection and control of nuclear and impact the environment must have an environment impact radioactive installations during their operation and until declaration. Projects specified in the Annexes include those their closure…” related to nuclear power plants (NPPs), spent fuel treatment and storage facilities outside the NPPs, and radioactive waste • “To control the measures for the radiological protection disposal. of workers that are professionally exposed, and of the public and the environment. To monitor and control the Other aspects of the RWM activities and facilities, such as civil doses of radiation received by the operating personnel liabilities, industrial risk prevention, non-radiological hazards, and the offsite radioactive material discharges from nuclear and mining safety, are regulated by specific regulations, outside and radioactive installations, as well as their incidence, of nuclear regulatory system. specific or accumulative, in the areas of influence of these installations.” ESS regulatory framework • “To carry out the studies, evaluations, and inspections of The ESS, as any facility with a potential significant radiological the plans, programmes, and projects necessary in all the impact, is subject to the following regulatory framework. phases of radioactive waste management.” The CSN was created in 1980 (Law 15/1980, of 22nd April The Spanish legislation provides both the classification of the and amended by Law 33/2007, of 7th November), as the facility and the type of documentation required for licensing sole body in Spain, with responsibility for nuclear safety and and exploitation, as well as for treatment of contaminated radiological protection matters. This body is independent of the state administration and reports directly to Parliament. areas during operation. 18
  • 19. According to RD 35/2008, which amends RD 1836/1999 Article 76 of the RD1836/1999 states that the removal regarding the approval of the Regulation on Nuclear and and treatment of radioactive substances and/or disposal Radioactive Facilities, the ESS installation will be classified as a of, recycling, or reuse of radioactive materials containing Radioactive Facility of First – Class. Article 3 of RD 35/2008, radioactive substances from any nuclear or radioactive facility which amends Title III of Regulation (RD 1836/1999), classifies is subject to approval by the Directorate General for Energy as a Radioactive Installation of First-Class those “complex before submission to the CSN. installations in which they handle very high inventories of radioactive substances or very high fluency beams take • In addition, the “Contaminated Areas” chapter in RD place, so that the potential radiological impact of the facility 35/2008 includes a new Article 81, condensed as follows: is significant”. Note that ESS-Bilbao is not considering using The state administrations or the owners of the facilities the residual heat recovered from the target cooling water as or activities, being or not submitted to the regime of an energy source for domestic and/or industrial use, as this authorizations provided for in these regulations [?], shall would necessitate classifying the facility as nuclear. inform the CSN of all incidents potentially resulting in radiological contamination of land or water resources. RD 35/2008 also amends Article 38 concerning requests, which requires the following documentation: • Plans for mitigating the effects of, or decontamination of, the affected land or water resources, development of • Descriptive report of the facility. which resulted from actions of the facility owners, will be submitted to the CSN for assessment. After corrective • Safety assessment. actions have been taken, the CSN will proceed to inspect and reassess the radiological conditions in the area and may • Verification of the facility. issue a report containing a determination of whether the • Operation rules, including the envisaged staff, projected derived constraints for the land use or resources affected organization, and definition of the responsibilities of each must proceed, transferring the land or resources to the job. corresponding autonomous region. • On-site emergency plan. • The CSN will draw up an inventory of the land or water resources affected by radiological contamination and submit • Forecasts for foreseen closure and economic coverage. it to the relevant authorities for appropriate action. • Budget for the proposed investment. This new Article 81 will clearly be applied to the ESS, as its operation will involve activation of the surrounding soil and In addition, status as a first-class facility requires submission of water resources. Annex E1.1 includes references to guidance the following: recommendations issued by the CSN, as well as the current status of the radioactive waste management system in Spain. • Site description containing information about the site and surrounding land. • Operating rules containing the quality assurance manual. • Radiological protection manual. • Operational technical specifications. • Physical protection plan. 19