On cancellation of the license for life extension of the nuclear reactors № 1, 2 of the Rivne NPP
On cancellation of the license for life extension of the nuclear reactors № 1, 2 of the Rivne NPP
Region: Ukraine
Parties: plaintiff: NGO “Environment-People-Law” (EPL); defendant: State Nuclear Regulatory Inspectorate of Ukraine.
Essence of the case: cancellation of the license for life extension of the nuclear reactors № 1, 2 of the Rivne NPP
Essence of the problem: issuing license to the Energy Generating Company "Energoatom" for life extension of the nuclear reactors № 1, 2 of the Rivne NPP, both national and international legislation was violated by State Nuclear Regulatory Inspectorate of Ukraine.
Core facts: On December 10, 2010, the State Nuclear Regulatory Inspectorate of Ukraine issued the license to the National Nuclear Energy Generating Company "Energoatom" for life extension of nuclear reactors № 1, 2 Rivne NPP, which is valid to 31 December 2031.
This license was not published in open media sources and EPL got access to it only after receiving the answer from the State Nuclear Regulatory Inspectorate of Ukraine following EPL’s request. Having got acquainted with this license, EPL found that it had been issued with violation both of current legislation of Ukraine in the field of nuclear and radiation safety and of international obligations of Ukraine in the field of environmental protection, namely:
- Violation of the decision making process on the life extension of nuclear facilities. The challenged license was reissued instead of being of amended, which is the violation of the Article 6 of the Law “On decision-making process on nuclear installations” and of the Article 14 of the law "On licensing activities in the field of nuclear energy".
- Violation of the requirements on the terms of lifetime extension. The defendant was not entitled to reissue the license and to increase the duration of reissued license. Defendant was not entitled also to extend lifetime of nuclear reactors for more than 10 years taking into consideration the presence of a clear statutory bar. Thus, the prolongation of the validity of the license, and therefore of the lifetime of nuclear reactors for additional 21 years, to December 31, 2031, is illegal.
- Breach of the international obligations of Ukraine, arising from the Convention on Access to Information, Public Participation in Decision-making and Access to Justice on Environmental Matters and the Convention on Environmental Impact Assessment in a Transboundary Context, which, since the moment of their ratification have become a part of the national legislation of Ukraine.
- Breach of general international obligations of Ukraine, namely, the provisions of the Constitution of Ukraine, Law of Ukraine "On International Treaties of Ukraine”, Vienna Convention on the Law of Treaties.
By its ruling of 13 October 2011 the District Administrative Court of Kyiv opened the proceeding.
The court of first instance by its ruling of November 2, 2011 left the claim without consideration. EPL appealed the decision.
