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Nuclear clock still counting down in Germany Angela Merkel's plans to extend the life of Germany's nuclear power stations have been thrown into disarray by the loss of the upper house in last month's elections. Simon Jones examines the options for her coalition government. The German government's plans to extend the operating life of the country's nuclear power stations are in disarray after the defeat of chancellor Angela Merkel's CDU party in state elections last month. The shock reverse in North Rhine-Westphalia deprives Merkel's coalition of a majority in the Bundesrat, the upper house which represents the interests of the 16 federal state governments. Most constitutional experts agree that the Bundesrat would retain the power of veto should the central government try to introduce any legislation to alter Germany's nuclear phase-out timetable. This is despite the 2006 reforms that sought to limit federal state veto powers and made Berlin the lead authority on environmental and nuclear issues. Merkel was re-elected last year on a platform that included revising the 2002 law under which all German nuclear plants must close by 2022. She forged a new alliance with the pro-business liberals and pledged to establish a new nuclear timeline as part of an overall energy package in the autumn. Reports in March suggested the government was looking at four possible extensions, ranging from 6 to 28 years. *Popular backing* Leading utilities insist that German voters back prolonging nuclear production and say the government must deliver on its pledge. "There are ways to have a life-time extension of nuclear power stations without the approval of the Bundesrat," says RWE chief financial officer Rolf Pohlig. However, an alliance of opposition parties and federal states has warned it will use parliament and the courts to try to block any attempt to circumvent the Bundesrat. Any legal challenge, which inevitably would go all the way to the Federal Constitutional Court in Karlsruhe, threatens long delays, whatever the outcome. The government is also divided over the issue. Liberal economics minister Rainer Bruderle wants the government to force through the extension of nuclear power plants despite federal state opposition. However, environment minister Norbert Rottgen says that any such move will require upper house approval. His position received the backing of an expert opinion commissioned by the ministry from Hans-Jurgen Papier, recently retired president of the Federal Constitutional Court. Papier's judgement - leaked to environmental lobby group Deutsche Umwelthilfe - was that Bundesrat approval would be needed "because this is not a marginal but a significant change to existing nuclear law". It suggests Berlin would be likely to lose any legal battle. "The government wanted cover for its nuclear policy from the highest possible authority, and it got the clearest possible answer," said the head of Deutsche Umwelthilfe, Rainer Baake. The government commissioned further legal advice from the Justice and Home Affairs ministries before this month's meeting between Merkel and federal state prime ministers. Some reports suggest Merkel now wants to sort out Germany's nuclear future ahead of the wider energy package, with any measure drawn up specifically to avoid the need for federal state oversight. One solution might involve a modest extension of nuclear plant lifespans in return for Bundesrat approval. Rottgen has floated such a compromise deal in the past. *Energy firms hit hard* In a repeat of tensions within Merkel's first coalition, critics accuse the conservative environment minister of "going native" over the nuclear issue. Rottgen had already upset energy companies with his demand that they invest tens of billions of euros in upgrading their nuclear plants in return for being allowed to extend their operating lifetimes. "German nuclear plants have continuously been upgraded and modernised at high financial costs," said Areva Germany chief executive Ulrich Graeber. "This fact should be well-known in the Federal Environment Ministry, which is the leading regulatory authority after all." In March, Rottgen denied media reports that the government favoured extending the nuclear phase-out by the maximum 28 years to 2050. It would have meant some plants operating for 60 years, but Graeber points out that such lifetime extensions have already been approved in the Netherlands and Switzerland. "According to the current phase-out plan, plants in Germany which are identical in construction have already gone off-line or will be shut down ahead of time. It proves that technical and economical expertise is not the basis for political decisions in this case," he said. Meanwhile, generators continue to juggle their nuclear production rights under existing law to keep plants online. Last month, RWE bought the remaining 4.8TWh generating rights for Eon's decommissioned Stade plant to prolong the life of Biblis A. "We are making sure a point of no return is not reached before the energy plan and the reversal of the nuclear phase-out scheme have been presented by the government," says RWE's Pohlig. "What we have bought with Stade is time until the autumn, or even the end of next year, and I think by that time we do need final decisions from the government." With several major plants due to close soon - Biblis A must shut down by the end of 2011 - nuclear operators (and the government) could also ask the Karlsruhe court to rule on the constitutionality of the original SPD-Green nuclear phase-out law. It, too, was passed without any vote in the upper house. Source: Utility Week © Faversham House Group Ltd 2010. News articles may be copied or forwarded
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