Nuclear energy - Who has to pay for nuclear demolition in Hamm? Court decides
Who will pay for the dismantling of the idled Atomkraftwerk in Hamm-Uentrop in a few years? This question was disputed before the Düsseldorf Regional Court by representatives of the operator company HKG (Hochtemperatur-Kernkraftwerk GmbH) with lawyers from the Federal and North Rhine-Westphalia governments. The reason was a so-called declaratory judgment claim by HKG.
The company, whose shareholders include RWE energy group and several municipal utilities, demands that the Federal Government and North Rhine-Westphalia assume the costs for the dismantling of the plant. They also want to take over disposal and final storage of the radioactive material. The HKG refers to this for the reasons of the 1989 closed Framework Agreement and three subsequent amending agreements. The company filed the lawsuit against the Federal Government and North Rhine-Westphalia in February 2023 (Az.: 10 O 59/23).
The last amendment of the original Framework Agreement for the decommissioning of the power plant expired at the end of 2022. In the following negotiations with the parties involved, no compromise could be reached, the NRW Finance Ministry announced in advance. "The shareholders and the Federal Government have taken completely opposing positions in the negotiations," said a spokesperson.
The high-temperature reactor THTR was supposed to determine the future of nuclear energy supply. After 15 years of construction, the atomic power plant was inaugurated in 1983 and was shut down six years later due to various problems. The dismantling of the power plant is planned to begin at the end of 2030. Ten years are planned for this.
Originally, 350 million Euro were planned for the dismantling of the pressure vessel reactor. Three years ago, the North Rhine-Westphalia state government stated in response to a Green Party inquiry that the total costs were over 750 million Euro.
According to the court, the disputed issue in this dispute is essentially a formulation in the first Framework Agreement - "deficits will be settled" - which needs to be clarified.
According to the court, the plaintiff nuclear power plant operator company considers itself as a trustee of the public sector. It therefore assumes that the Federal Government and North Rhine-Westphalia are liable for the subsequent costs.
The defendants see it differently. The operator company is a purely privately managed business. North Rhine-Westphalia never made a corresponding financing promise, emphasized an attorney. A representative of the Federal Government declared: "Nowhere does it state that the Federal Government and North Rhine-Westphalia will unlimitedly bear costs."
The Regional Court is now supposed to clarify who owes what to whom. A decision by the Chamber is expected to be made in a few weeks.
Homepage THTR
- The idled nuclear power plant in Hamm-Uentrop, operated by HKG, is scheduled for dismantling at the end of 2030, which will cost an estimated 750 million Euro.
- HKG, a company partly owned by RWE energy group and municipal utilities, is demanding that the German Federal Government and North Rhine-Westphalia (NRW) cover the dismantling costs, citing the 1989 Framework Agreement and subsequent amendments.
- The Düsseldorf Regional Court is currently hearing a lawsuit filed by HKG against the German Federal Government and NRW, with a decision expected in a few weeks.
- The nuclear power plant, which was planned to determine the future of nuclear energy supply, experienced problems and was shut down in 1989 after six years of operation.
- The High Temperature Reactor THTR, originally budgeted at 350 million Euro for dismantling, now requires over 750 million Euro due to ongoing costs and complexities.
- The NRW Finance Ministry announced that a compromise could not be reached in negotiations with the parties involved following the expiration of the last amendment to the Framework Agreement in 2022.
- The Düsseldorf Regional Court is tasked with clarifying who is financially responsible for the dismantling and subsequent disposal of radioactive material from the Atomkraftwerk in Hamm-Uentrop, an issue hingeing on the interpretation of the 1989 Framework Agreement's deficit settlement clause.
