Nuclear phase-out dispute: federal government and operators agree to billions in compensation



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Status: 05.03.2021 12:41 pm

The energy companies and the federal government have argued for years; now the surprising agreement followed. The federal government wants to pay corporations more than 2.4 billion euros in compensation for the costs associated with phasing out nuclear power.

In the years of legal dispute over the elimination of nuclear energy, the federal government and the operators of nuclear power plants have reached an agreement. The RWE, Vattenfall, Eon / PreussenElektra and Enbw groups will receive a total of 2.43 billion euros in compensation. This was announced by the ministries of environment, finance and economy.

The sum is intended to compensate companies for lost profits and investments made in vain. Vattenfall will receive most of the money with 1,425 million euros. € 880 million goes to RWE, € 80 million to EnBW and € 42.5 million to Eon / PreussenElektra.

The deal has no impact on nuclear phase-out, said a joint statement by the three ministries:

The fact is that the last German nuclear power plant will be shut down by the end of 2022 at the latest.

Corporations have to resolve legal disputes

In return, the operators have to resolve all pending legal disputes, including Vattenfall’s lawsuit before the World Bank’s International Court of Arbitration (ICSID), with which the group originally wanted to obtain compensation of six billion euros. The companies have yet to accept the deal. The EU Commission must also approve the compromise.

The key points must then be anchored in a contract and passed on to the Bundestag. The final regulation should then come into force with a new law. According to the ministry, this should happen this year if possible.

Vattenfall welcomes the agreement

A spokeswoman for the Ministry of the Environment said she was “very satisfied” with the commitment, especially with regard to the amount set. In 2018, therefore, a high triple-digit number in millions had been up for debate. But that was not enough for the Federal Constitutional Court.

Vattenfall was also relieved that the deal could end “costly” and “time-consuming” disputes over nuclear phase-out. However, CEO Anna Borg called the compromise “finally acceptable.” After all, Vattenfall had requested significantly more compensation from the World Bank arbitration tribunal.

However, the criticism comes from the environmental protection organization Greenpeace. Vattenfall could now line his pockets with a “last trillion gifts from the federal government,” said Greenpeace nuclear expert Heinz Smital.

Fukushima sparked a rethink

The federal government originally decided to phase out nuclear power in 2002. However, in late 2010, the decision was initially repealed and instead the life of the furnaces was extended by an average of twelve years.

But the reactor disaster in Fukushima, Japan, triggered the following U-turn: The federal government has now pushed for accelerated nuclear phase-out and ordered the immediate shutdown of eight nuclear reactors. The decision was confirmed by the Federal Constitutional Court, but the judges decided that the nuclear power plant operators are entitled to compensation payments.

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