Insolvency alarm for Akw Hamm-Uentrop: Who bears the dismantling costs?

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The Hamm-Uentrop nuclear power plant is on the edge of bankruptcy. The operators have communicated NRW Minister Mona Neubaur to the acute risk to the financial resources, which in the coming weeks puts the possibility of an insolvency application in the coming weeks. Estimated dismantling costs of up to one billion euros now raise questions about the responsibility for these costs, regarding the fate of the reactor that has been declared since 1989.

The high-temperature reactor in Hamm-Uentrop, which was once celebrated as a milestone of energy generation, has now become a cost factor. The nuclear power plant, which is to be dismantled after demolition plans by 2030, has to fight with a wide range of challenges. When the operators reported on their situation on September 5 in the North Rhine-Westphalia Economic Committee, it became clear that the possibility of paying the dismantling costs by the federal government is now in the room.

relocation of costs to the federal government

The NRW Minister said that NRW was already looking for companies that could carry out the demolition of the nuclear power plant in Hamm-Uentrop. The key question here is whether the federal government will bear the costs of the dismantling. According to the Neubaur, on the basis of Article 104a paragraph 2 of the Basic Law, which states that the federal government will take over the expenses if the federal states act on behalf of the federal government. This could be of great importance in the current situation.

The ongoing bankruptcy of the operating company is not only a financial burden, but also raises legal issues. A court ruling by the Düsseldorf district court previously dealt intensively with the assumption of costs and rejected a lawsuit by the company against federal and state authorities. These legal disputes are now overshadowed by impending bankruptcy.

background to the chronicle of the nuclear power plant

The construction of this unique high -temperature reactor started in 1970 and the trial operation started more than a decade later. The federal government took over the majority of the construction costs, and numerous challenges during commissioning led to an early end after only three years. Now not only the processing of the reactor and the disposal of radiant materials are on the agenda, but also the question of how the financial resources can be raised for these philological challenges. The operators ended up in a processed situation in which they indicate that the financing for the dismantling is unclear and that responsibility under the current circumstances seems all the more complicated.

The previous hopes that the nuclear power could be a showcase project for the German energy transition have moved far away from the new developments. In view of the uncertain future for the power plant and the impending bankruptcy, the financial results and the legal framework conditions could be of extensive importance - both for the operational decisions of the operating company and for the supervision by the responsible authorities.