Licensing procedure Brunsbüttel interim storage facility – next steps expected

A so-called scoping will take place on 13 July 2016 in the framework of the pending nuclear licensing procedure for the interim storage facility for nuclear fuels on the site of the Brunsbüttel nuclear power plant. Such a date marks the beginning of the environmental impact assessment required for the licensing procedure.

Carrying out an environmental impact assessment has been obligatory for over ten years since the storage of spent nuclear fuel has been applied for. Kernkraftwerk Brunsbüttel GmbH & Co. oHG, a subsidiary of Vattenfall Europe Nuclear Energy GmbH, is the applicant.

What is a scoping procedure?

In the non-public scoping, the applicant present their approach to the examination concept in the environmental impact assessment to the licensing authority, in this case the Federal Office for Radiation Protection (BfS). Among others, this step serves to prepare the elaboration of the application documents required in the licensing procedure and to concretise the framework for the environmental impact assessment to be submitted by the applicant in the environmental impact assessment procedure.

Apart from the applicant and the licensing authority, all authorities take part in the scoping whose area of responsibility might be affected by the project. Due to the geographical location of the on-site interim storage facility Brunsbüttel, not only the remits of the Schleswig-Holstein authorities are affected the project but also those of the federal state of Lower Saxony.

Besides, third parties may be consulted in the scoping. According to the experience of the BfS, particularly nature conservation and environmental organisation may give factual advice to the determination of the probable scope of the environmental impact assessment because of their organisation and specialisation. Therefore, the BfS has made use of this option for the licensing procedure and has also invited nature conservation and environmental organisations from Schleswig-Holstein and Lower Saxony to the scoping.

What topics will be raised in the scoping?

In the scoping on taking place on 13 July 2016, solely questions of importance to the performance of the environmental impact assessment are to be debated. Objections against the project will therefore not be treated in this non-public meeting.

The public will also be involved in the licensing procedure. This will be done in the framework of displaying the documents and an own public hearing.

Why does the scoping procedure take place?

According to legal provisions, a scoping procedure only takes place if the applicant requests the licensing authority to perform such a procedure or the licensing authority deems it necessary. In the licensing procedure for the Brunsbüttel on-site interim storage facility, the BfS considers the performance of a scoping procedure necessary because this ensures that the authorities to be involved in the licensing procedure are informed in due time and the methodology and content of the environmental impact assessment to be carried out by Kernkraftwerk Brunsbüttel GmbH & Co. oHG can be co-ordinated in detail.

Background: Licensing procedure for the Brunsbüttel on-site interim storage facility

The original storage licence for nuclear fuels in the Brunsbüttel on-site interim storage facility was applied for on 30 November 1999 and granted on 28 November 2003. The licence was limited to 40 years following the first emplacement of a loaded casks (on 5 February 2006).

In 2004, a resident filed a suit against the licence of 28 November before the Schleswig Higher Administrative Court. He considered his rights to life, health and ownership infringed by the Federal Republic of Germany. In particular he questioned that the storage licence would guarantee sufficient protection against the targeted crash of a passenger plane and bombardment with anti-tank weapons. Following protracted litigation, the suit having been rejected initially, the administrative courts found in favour of the resident: With decision of 19 June 2013, the Schleswig Higher Administrative Court withdrew the licence. The judgment has become effective with the decision of the Federal Administrative Court of 8 January 2015. With this decision of the Federal Administrative Court, the original licence and thus the granted modification licences have become ineffective.

Neither court decision was not taken because one had determined that the interim storage facility was not sufficiently safe. The courts have not made any statements regarding the issue of the actual safety, e.g. against terrorist attacks. Subject to criticism was the extent of the investigations made in the licensing procedure in this area.

In the court proceedings the BfS had documented that its examinations of all aspects had been very careful and comprehensive (in particular the consequences of a targeted air crash). However, the BfS was not entitled to provide the courts with all available documents, because part of the papers were documents that had to be classified for the protection against terrorist attacks. Due to nondisclosure agreements, the BfS was thus not allowed to explain in detail that the licence for the Brunsbüttel interim storage facility guaranteed the protection against disruptive actions or other third party intervention required according to the Atomic Energy Act. In the aftermath of 11 September 2001, the BfS had included the targeted air crash onto a nuclear facility in the list of scenarios to be examined and had this examined for all interim storage facilities for nuclear fuels in Germany.