Mühleberg nuclear power plant: Interim ruling of the Federal Supreme Court
Time limit remains openThe question of the time limit imposed on Mühleberg nuclear power plant (KKM) owned and operated by BKW AG, as pending before the Federal Supreme Court, remains open. In its capacity as a lower court, the Federal Administrative Court had lifted the time limit applicable until the end of 2012 and had set a new time limit of mid-2013. The interim ruling of the President of the II. Court of Public Law states that there is no need at the present time for any decision to be taken regarding postponement of the time limit. BKW is in favour of an early conclusion to the procedure.
In its judgement passed on 1 March 2012, the Federal
Administrative Court ap-proved in part the complaints
submitted by two opposition groups. Following an
application made by BKW, it cancelled the previously valid
time limit for the op-erating permit for KKM, but decided
to impose a new time limit on the operating permit of 28
June 2013. It also asked BKW to submit a comprehensive
mainten-ance concept to DETEC together with any new
application to extend the plant's operating permit. On
20 April 2012, BKW appealed to the Federal Supreme Court
against the judgement of the Federal Administrative Court,
requesting the complaint be subject to suspensive effect.
BKW did not lodge a complaint re-garding the maintenance
concept. The Federal Supreme Court has now decided that no
precautionary instrument is necessary at the present
time.
If the Federal Supreme Court has not made its decision by
the end of the time limit, BKW could re-submit an
application for the granting of suspensive effect. BKW will
continue as planned with the work it has begun on the
maintenance concept with a view to the long-term operation
of KKM and will submit the concept to the government safety
authorities within the required time.
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