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Prior entry into the cantonal structure plan is required to raise the walls of the Grimsel reservoir. The Federal Supreme Court ruled this and approved the complaint of two nature conservation organizations. The project returns to the governing council of Bern for a new evaluation.
The government must now clarify several open points regarding the planned increase in the two dams Spitallamm and Seeuferegg. This stems from a federal court ruling published Thursday. Kraftwerke Oberhasli AG submitted the application for extension and the corresponding addition to the license.
Base is missing in structure plan
In its ruling, the Federal Supreme Court stated that given the importance of increasing the dam wall and thus expanding the reservoir, a base is required in the cantonal structure plan. At this level of planning, the interests of increasing capacity and those of nature and landscape protection should be weighed against each other.
There has not yet been such a complete dispute. It can be assumed that the increase of the dam wall represents a national interest, as formulated in the Energy Law.
According to the Federal Supreme Court, this interest alone can justify an invasion of the so-called “Berne and Aletsch-Bietschhorn area of the Upper Alps”. The area is included in the Federal Inventory of Landscapes and Natural Monuments of National Importance.
However, so far the balance of interests has not taken into account that the Unteraar glacier promontory is probably an alluvial plain of national importance. Also, the expansion of the Trift power plant should be included in the considerations. This is preferred over the expansion of the Grimsel Dams due to economic considerations.
Deadlines not established
At the structural plan level, the Trift and Grimsel projects must be examined for their effects on space and the environment in the same area and coordinated with each other. Consequently, a decision must be made as to whether there is an overriding public interest in the implementation of both projects or only one or neither.
According to the Federal Court, no deadlines have yet been set for the execution of the expansion of the Grimsel dams and their operation. However, the law prescribes it. If they cannot be defined from the current point of view, the award of a concession is excluded.
Oberhasli power plants plan to erect the dam walls on Lake Grimsel. As a result, the lake level would rise by 23 meters and the storage volume would increase by 75 million cubic meters to 170 million new cubic meters. This would allow an additional 240 GWh of energy to be stored.
The Federal Supreme Court has had to deal with the project on several occasions because the conservation of nature and the protection of the landscape and the expansion of renewable energies stand in the way of each other.
