Energy group BKW is partially right

Federal Administrative Court

Nuclear energy: new calculation of contributions to decommissioning funds

After a complaint from the Bernese energy group BKW, the annual contributions to the decommissioning fund for nuclear plants for the period 2017 to 2021 have to be recalculated. This was decided by the Federal Administrative Court.

BKW has thus achieved a partial victory. The Nuclear Energy Act does not provide that the buildings of a nuclear facility must be demolished in the event of decommissioning if there is no longer a radiological hazard. This was decided by the Federal Administrative Court in a judgment published on Monday.

The law does not only allow for the “green field” decommissioning target. The “brown meadow” is also permitted. In this case, the owners could apply for the continued existence of the buildings. As soon as the buildings are free of contamination, they are no longer subject to the Nuclear Energy Act, but to cantonal building law.