Successful Procurement Challenge Against The Nuclear Decommissioning Authority

On 29 July the High Court handed down its judgment in the high-profile Energy Solutions (ES) v Nuclear Decommissioning Authority (NDA) case. The case concerned the competition to become the "Parent Body Organisation" (PBO) for 12 sites operating "Magnox" nuclear power stations, together with two other sites. The PBO would become the regulated site licence company responsible for the decontamination and decommissioning of the various sites.

As one would expect, the procurement process involved the evaluation of highly technical submissions and involved very substantial amounts of public money: the total budget for decommissioning work during the initial even years of the contract was £4.211 billion.