Federal Administrative Court reprimands Sommaruga: Resident complained – Birr power plant was illegal

class=”sc-cffd1e67-0 iQNQmc”>

Reprimand for former federal councilor Simonetta Sommaruga (63). According to a ruling by the Federal Administrative Court on Friday, the former Energy Minister should not have granted an operating permit to the Birr reserve power plant in the canton of Aargau.

The Federal Council took action at the beginning of 2022 because it saw a risk of an energy bottleneck in Switzerland. He expected that in the event of an emergency, not enough electricity would be able to be imported in the winter of 2022/2023.

A resident’s complaint was successful

To take precautionary measures, the Federal Council led by then Energy Minister Sommaruga planned to build a temporary backup power plant in Birr. He based his decision on the state’s supply law. This allows him to take temporary economic intervention measures in the event of serious shortages.

Simply: A resident complained about this measure. With the support of the Swiss Climate Strike movement, she went to the Federal Administrative Court and argued that there was no serious energy shortage and that the operating permit for the power plant was therefore invalid. They also complained about climate and noise protection. The Federal Administrative Court has approved the complaint against the Department of Environment, Transport, Energy and Communications (Uvek) and against the power plant operator General Electric.

The suspicion of a serious defect is not sufficiently justified

In the judgment, the judges wrote that the Federal Council has the right to intervene in the event of an impending energy shortage. However, this must be done in accordance with the law and the Constitution. This showed that the assumption of a serious shortage for the winter of 2022/2023 was not sufficiently justified. Therefore, there was no legal basis for the power plant.

“I am very happy with the court’s decision,” said the complainant from Birr about Climate Strike Switzerland. He now demands that the fossil reserve power plant be dismantled immediately, as there is no basis for its existence. And further: the Cornaux NE and Monthey VS power plants should also no longer be under federal contract as a reserve. In addition, the tender for new fossil power plants, which could be in operation until 2041, must be canceled.

However, the ruling has no immediate consequences, as the operating permit was only valid until March last year. Sommaruga’s successor Albert Rösti (56) will have to learn from the decision if a shortage threatens again. The backup power plant will remain in place until 2026, after which it must be dismantled. In order to use it, the government would have to grant a permit.

The Uvek does not even have to pay legal costs. According to administrative law, the 1,500 francs will be imposed on the owner of the power plant, General Electric. (oco)

Source:Blick