Facts
The Mühleberg Nuclear Power Plant (NPP), owned by BKW FMB Energie AG (BKW), was commissioned in 1972 and had been operating under time-limited operating permits. Most recently, the Swiss Federal Council extended the operating permit until December 31, 2012 on October 28, 1998. On January 25, 2005, BKW submitted a request to the Federal Council to revoke this time limitation. As a result, the Federal Department of the Environment, Transport, Energy and Communications (DETEC) revoked the time limitation on December 17, 2009.
Against this decision, [X.] and other co-parties filed an appeal with the Federal Administrative Court. In its judgment of March 1, 2012, the court found the revocation of the previous time limitation by DETEC to be lawful, but ordered a new time limitation of the operating permit until June 28, 2013. It also required BKW to submit a comprehensive maintenance concept to DETEC in order to obtain a further extension of the operating permit.
Considerations
The Federal Supreme Court notes that DETEC has comprehensively examined and justified the conditions for a time limitation of the operating permit. The lower court wrongly accused DETEC of not having examined the time limitation independently. DETEC has thoroughly addressed the safety aspects raised by the objectors, relying on the assessments of the supervisory authorities.
A time limitation of the operating permit is only justified if there is a justified reason to assume that at the time of the expiration of the time limit, the legal requirements for the permit will no longer be met and their maintenance cannot be ensured…