Facts
- BKW Energie AG operates the Mühleberg Nuclear Power Plant. After the events in Fukushima, the Swiss Federal Nuclear Safety Inspectorate (ENSI) requested all Swiss nuclear power plants to review their design regarding earthquakes and flooding. - ENSI set out requirements and boundary conditions for this review, including proof of the ability to withstand a 10,000-year flood. BKW submitted the required proof. - In its statement on this, ENSI assumed that the use of mobile pumps would enable the cooling water supply even in the event of clogging of the trash racks. - Residents A. and B. then contacted ENSI and the ENSI Council, as they believed that ENSI was disregarding fundamental principles of nuclear safety in this process.Considerations
- The Federal Court holds that the Nuclear Energy Act does not exclude the applicability of Art. 25a APA. - Residents A. and B. have a legitimate interest and are affected in their rights, as they live in the emergency planning zones 1 and 2 of the Mühleberg Nuclear Power Plant. The hazard potential of a nuclear facility justifies a legal protection interest, even if the probability of an incident is low. - The review of…