AVR cask storage facility near Jülich

The Jülicher Entsorgungsgesellschaft für Nuklearanlagen mbH (JEN) operates an interim storage facility for AVR ball-shaped fuel elements from the former AVR experimental reactor (AVR cask storage facility) in Jülich. About 300,000 ball-shaped fuel elements are stored in the AVR cask storage facility in 152 casks of the CASTOR THTR/AVR type.

Current licensing situation and former operators

The interim storage facility was originally operated by the Jülich Research Center (FZJ) on the basis of a licence granted by the Federal Office for Radiation Protection (BfS), being responible at the time, pursuant to § 6 Atomic Energy Act (AtG). The licence was issued on 17 June 1993. It was limited until 30 June 2013 and expired at that date. The legal basis for the storage of the ball-shaped fuel elements is currently an order pursuant to § 19 AtG of the competent nuclear regulatory authority, the Ministry of Economics, Energy, Industry, Small Businesses and Trade of the federal state of North Rhine Westphalia (MWEIMH). In this context, the MWEIMH gave order on 2 July 2014 to remove the nuclear fuels from the AVR cask storage facility immediately and to ensure that they be kept by a person with the right to own the nuclear fuels pursuant to § 5 para. 1 sentence 1.

On 1 September 2015, the FZJ transferred the operation of the interim storage facility to the newly founded AVR GmbH, where the FZJ area of operations "Nuklear-Service" and the Arbeitsgemeinschaft Versuchsreaktor (AVR), also situated in Jülich, were combined in a company. With effect of 1 January 2016, the AVR GmbH was renamed Jülicher Entsorgungsgesellschaft für Nuklearanlagen mbH (JEN). Thus the JEN is the operator of the interim storage facility and responsible for a safe storage or a safe transport of the AVR fuel elements.

Licensing authority

Since 30 July 2016, the Federal Office for the Safety of Nuclear Waste Management (BfE) is the licensing authority for interim storage facilities for nuclear fuels. It has taken over this task from the Federal Office for Radiation Protection (BfS) that had been responsible until then. Also the responsibility for the licensing of nuclear fuel transports was transferred from the BfS to the BfE at that date.

Previous licences for the AVR cask storage facility (in German)

• Aufbewahrungsgenehmigung vom 17. Juni 1993 – ET 3.1 – 2.4 nach § 6 Atomgesetz für die Aufbewahrung von bestrahlten AVR-Brennelementen im AVR-Behälterlager der Forschungszentrum Jülich GmbH (PDF, 3 MB, File does not meet accessibility standards.)

• Modification licence of 27 April 1995
  Note: This modification licence concerns regulations on plant security. It is classified information and may thus not be viewed.

• Änderungsgenehmigung vom 7. Juli 2005 der Aufbewahrungsgenehmigung vom 17. Juni 1993 – ET 3.1 – 2.4 für die Aufbewahrung von bestrahlten AVR-Brennelementen im AVR-Behälterlager der Forschungszentrum Jülich GmbH (PDF, 902 KB, File does not meet accessibility standards.)

Application for licences for further storage of the AVR fuel elements

According to the auxiliary clause contained in the storage licence of 17 June 1993, the FZJ had to provide evidence to the nuclear regulatory authority as to the further whereabouts of the AVR fuel elements by 30 June 2007 at the latest. On 26 June 2007 the operator of the interim storage facility at the time, the FZJ, applied to the BfS for an extension of the storage licence in Jülich that was limited until 30 June 2013. With letter of 29 April 2009 the FZJ declared that the licence would be extended for three years.

Additionally, the FZJ had the Gesellschaft für Nuklear-Service mbH (GNS) submit an application to the BfS on 24 September 2009 to be permitted the storage of the AVR fuel elements in the GNS interim storage facility in Ahaus (TBL Ahaus). For the transport to the facility, the FZJ had Nuclear Cargo + Service GmbH (NCS) apply for a transport licence on 4 October 2010. As a result of this, the FZJ requested on 16 July 2010 to suspend the licensing procedure for the extension of storage in Jülich.

In 2012, the FZJ changed its plans again and applied on 16 May 2012 for resuming the procedure for the further storage of the AVR fuel elements in Jülich. This has been continued since.

On behalf of the FZJ, the GNS applied on 11 January 2013 for suspending the procedure for the storage of the AVR fuel elements in Ahaus. The NCS applied on 17 January 2013 for suspending also the procedure for the transport to Ahaus.

Since the middle of 2012 the FZJ or, respectively, the JEN, has been examining the option of transporting the AVR fuel elements to the USA. The Federal Office for the Safety of Nuclear Waste Management BfE would be the competent authority for granting a transport licence inside the Federal Republic of Germany. It has not been applied for so far, however. Transport to the USA would furthermore require the application for a corresponding licence issued by the Federal Office of Economics and Export Control (BAFA).

On 15 December 2014, the FZJ announced (in German only) that it wanted to pursue again the option of transporting the AVR fuel elements to the TBL Ahaus, in addition to transporting them to the USA. Therefore the GNS resumed the licensing procedure for the storage of the fuel elements in the TBL Ahaus with letter of 6 January 2015. This licensing procedure concluded on 21 July 2016 with the BfS granting the 8th modification licence for the TBL Ahaus.

Status of the licensing procedure for the AVR cask storage facility in Jülich

The licensing procedure pursuant to § 6 AtG for the further storage of the AVR fuel elements in Jülich ran by the FZJ as applicant until 31 August 2015. With effect of 1 September 2015, the AVR GmbH, which was renamed to Jülicher Entsorgungsgesellschaft für Nuklearanlagen mbH (JEN) as the applicant with effect of 1 January, has taken sole leadership of the pending licensing procedure.

So far the applicants have failed to prove in the procedure that the conditions pursuant to § 6 para. 2 AtG for granting a new licence have been established. The licensing authoritiy (until 29 July 2016 BfS, since 30 July 2016 BfE) has established all conditions to examine quickly and with due care the application documents. Duration and result of the procedure, however, depend significantly on the evidence provided by the applicant. The BfE can only grant a licence if the JEN as applicant has proven that the AVR fuel elements can be stored in Jülich in a manner that is safe according to the state of the art of science and technology and in compliance with all legal requirements.

The JEN is responsible for providing this evidence. Several essential documents still have not been submitted by the operator JEN. They concern especially the item to check of earthquake security – in particular the proof that no soil liquefaction will occur in case of an earthquake or that, in the case of soil liquefaction, the planning values pursuant to §§ 49, 50 StrlSchV (Radiation Protection Ordinance) will not be exceeded.

Even irrespective of the existing difficulties in providing evidence, it should be pointed out that reliable statements on the result of licensing procedures can generally only be made once all examinations have concluded.

Supervisory order

Since the FZJ as former applicant and the JEN as current applicant could not prove so far that that the requirements for granting a new licence are complied with, the North Rhine-Westphalian Ministry of Economics, Energy, Industry, Small Businesses and Trade (MWEIMH) as responsible nuclear regulatory authority needed to act.

With orders pursuant to § 19 para. 3 AtG of 27 June 2013 and 17 December 2013, the MWEIMH ordered at first that the AVR fuel elements continue to be stored in Jülich in order to bridge the period until the licence will be granted. The orders were limited to six, respectively, seven months.

Once it was obvious that it would not be possible to conclude the licensing procedure by the time the second storage licence will expire because of documentary evidence still missing, the MWEIMH gave order on 2 July 2014 to clear the AVR cask storage facility Jülich. The order does not provide for a termination of the licensing procedure pursuant to § 6 AtG for the AVR cask storage facility.

In autumn of 2014, the FZJ presented a concept for the removal of the fuel elements. This concept was examined by MWEIMH experts for its plausibility. The MWEIMH has published a summary of the examination results on its homepage. The decision about the further whereabouts of the AVR fuel elements stored in the interim storage facility Jülich is with the JEN as the responsible owner of the AVR fuel elements.

The prerequisites according to nuclear law not being given, it is not possible to store the AVR fuel elements in federal custody.