Nuclear power - Nuclear power plant: dispute over demolition costs ends up in court
Before the District Court of Düsseldorf, the question at hand on Friday is who will bear the costs for the dismantling of the idled Atomkraftwerk in Hamm-Uentrop. The reason for the oral hearing is a so-called declaratory judgment action by the operator company Hochtemperatur-Kernkraftwerk GmbH (HKG).
The company, behind which RWE Energy and several utilities stand, demands from the Federal Government and the State that they assume the costs for the dismantling of the facility. They are also supposed to take care of disposal and final storage of the radioactive material. HKG filed the lawsuit against the Federal Government and the State of North Rhine-Westphalia in February (Az.: 10 O 59/23).
The high-temperature reactor THTR was supposed to determine the future of nuclear energy supply. After 15 years of construction, the nuclear power plant was inaugurated in 1983 and was shut down six years later due to numerous problems. The dismantling of the power plant is planned to begin at the end of 2030. Ten years are planned for this.
Ministry: No compromise found
In negotiations over cost assumptions, no compromise could be found, the Finance Ministry stated in response to an inquiry. "The shareholders and the Federal Government have taken completely opposing positions in the negotiations." Since there was no secure financing basis for the future, the power plant operator company filed a lawsuit. Who will pay, is now to be clarified by the District Court of Düsseldorf.
According to a court spokeswoman, it is only about liability issues in this civil lawsuit, not about money amounts. A decision is expected to be made in a few weeks.
Originally, 350 million Euro were planned for the dismantling of the pressure vessel reactor. Three years ago, the North Rhine-Westphalia state government, in response to a Green inquiry, named total costs of over 750 million Euro.
- The ongoing dispute over the costs of dismantling the idled nuclear power plant in Hamm-Uentrop will be heard at the Düsseldorf Regional Court, involving RWE Energy and other utility companies through their operator company Hochtemperatur-Kernkraftwerk GmbH (HKG).
- The high-temperature reactor THTR was initially intended to shape the future of nuclear energy supply, but was shut down six years after its opening in 1983 due to numerous issues.
- The planned dismantling of the power plant is set to commence at the end of 2030 and is expected to take ten years, with an initial budget of 350 million Euro.
- However, the costs for dismantling, disposal, and final storage of radioactive material have escalated, with the North Rhine-Westphalia state government reportedly estimating total costs exceeding 750 million Euro.
- Negotiations between the company and finance authorities over cost assumptions have failed to produce a compromise, and RWE Energy and its allies are now seeking a declaratory judgment from the Düsseldorf Regional Court to determine liability for footing the bill.
- The Düsseldorf Regional Court has emphasized that the current lawsuit is solely focused on liability issues, and has not yet determined specific monetary amounts.
- It remains to be seen how this legal battle will shape the future financing of nuclear power plant decommissioning in Germany, potentially impacting the overall energy and nuclear power landscape of North Rhine-Westphalia and beyond.
