The Federal Court has upheld a complaint by energy company BKW, overturning a decision by the Federal Administrative Court. The Mühleberg nuclear power station near Bern can now remain in operation indefinitely.
In March 2012, the Federal Administrative Court ordered the closure of Mühleberg by June 28, 2013, unless the operators, BKW, showed they were prepared to invest massively in maintenance and repair.
The court also demanded that BKW apply to the environment ministry for a permit to continue to operate, in addition to supplying a comprehensive concept for long-term maintenance.
BKW handed in the requested documents in August. In December, these documents were approved by the Swiss Federal Nuclear Safety Inspectorate (Ensi). However, Ensi set out ten requirements for BKW if Mühleberg wanted to continue operating after 2017.
Following Thursday’s decision by the Federal Court, BKW can now concentrate on these requirements.
The Federal Court, based in Lausanne, is Switzerland’s highest appeals court. There are two other federal courts: the Federal Administrative Court in St Gallen and the Federal Criminal Court in Bellinzona, which deals with criminal cases related to federal jurisdictions.
Decommissioning
Switzerland currently has five nuclear reactors which account for about 40 per cent of the energy produced in the country: Beznau I, Beznau II, Mühleberg, Gösgen and Leibstadt.
After the Fukushima disaster in March 2011, the Swiss government decided to decommission all the nuclear power plants starting in 2019 and ending by 2034.
More to follow.