Facts
The case concerns the question of whether the regulation on the allocation of costs to the operators of nuclear power plants for the precautionary procurement and distribution, the controls, the replacement and the disposal of the iodine tablets after expiration, as well as for the information of the public and experts (Art. 10 of the Iodine Tablet Ordinance) is based on a sufficient legal basis.
The Iodine Tablet Ordinance regulates the supply of the population with iodine tablets in the event of an incident that may result in a risk from radioactive iodine. Art. 10 of the Ordinance provides that the operators of nuclear power plants must bear these costs.
Axpo Power AG, Kernkraftwerk Gösgen-Däniken AG, Kernkraftwerk Leibstadt AG and BKW Energie AG have filed a complaint against this cost allocation and argued that there is no legal basis for it.
Considerations
The Federal Court concludes that neither the RPA nor the NEA provide a sufficient legal basis for Art. 10 of the Iodine Tablet Ordinance. Art. 4 RPA, Art. 83 NEA, Art. 4 AtA, Art. 37 para. 2 sentence 2 RPA and Art. 46a GAOA are not suitable to serve as a legal basis.
The precautionary procurement and distribution, the controls, the replacement and the disposal of the iodine tablets as well as the information of the…