Facts
Kraftwerke Oberhasli AG (KWO) operates numerous interconnected hydropower plants in the Oberhasli region, utilizing 8 reservoirs, including the Grimsel Lake. This lake is located in protected areas of national, regional, and local importance. KWO intends to raise the Spitallamm and Seeuferegg dam walls to increase the water level of the Grimsel Lake by 23 m and expand its storage capacity by 75 million m3 to a total of 170 million m3.
Several environmental organizations have filed a complaint against the concession decision for this project, which was approved by the Grand Council of the Canton of Bern. The Federal Supreme Court upholds the complaint.
Considerations
The Federal Supreme Court concludes that the basis of the structure plan for the project is insufficient. The structure plan must show how the spatially relevant activities are coordinated, which is not the case here. In particular, there is a lack of coordination with the planned Trift power plant, which will also have serious impacts on nature and landscape.
Furthermore, the Federal Supreme Court examines whether there is a national interest in the project. It affirms this, as the expansion will significantly increase the storage capacity, which is in the national interest. However, a comprehensive weighing of interests must be carried out,…