Fact check: Does the search for a final repository limit the expansion of geothermal energy use?

Fact check 1) “The regulations block the expansion of geothermal energy use and therefore stand in the path of heat energy changes and climate protection.”

Fact: The criticised regulations were resolved upon in 2017 by a broad majority in the Bundestag. They do not represent a block of any kind but are necessary primarily in the sense of public welfare. According to legislation, the sites that could be considered for a final repository should be protected from detrimental changes.

So as to enable the expansion of projects for geothermal energy use in parallel with the search for a final repository, legislators created regulations under which projects can still be approved. The authorising regulations are set out in Paragraph 21 of the site selection legislation.

Fact check 2) “Currently hundreds of approval procedures for geothermal facilities are suspended. The reason for this is the “carte blanche” approach in terms of location combined with authorities that are as yet unfit for work and unclear procedures.”

Fact: The safeguarding provisions for the protection of possible sites for a final repository for radioactive waste are only to be finalised in the concluding phase of parliamentary consultancy on the site selection legislation. So that the responsible federal state authorities and the Federal Office for the Safety of Nuclear Waste Management (BASE) can prepare themselves for the upcoming procedures, for example by taking on or qualifying employees for the new issues, approval procedures have been suspended for three months until the middle of August. Transition periods like this have long been common practice in legislation procedures and are not a special feature of this legislation.

In this period, BASE has promptly invited participating federal state authorities to meetings to ensure clear and consistent procedures. In June, an interpretation aid (in German only) was compiled to optimise the procedure. BASE also sought meetings with the German Geothermal Association to clarify possible issues.
The relevant federal state authorities have not as yet given any concrete information about the number of applications that are currently suspended.

Fact check 3) “At the earliest from the middle of August, permits for surface and deep geothermal projects will once again be issued. However, there will then be considerable delays because BASE has to be involved in each application.”

Fact: In the tests, the federal state authorities are asked, as they have always been, where the applications are to be made. How long the procedure then takes must be answered by the responsible offices.

As regards the BASE statement of position, legislators have stated prerequisites and deadlines that must be met. However, BASE is to be involved only in drillings with a planned depth of more than 100 metres. Furthermore, the agreement of BASE for drillings of 100 to 200 metres is considered to have been granted, if BASE has made no declaration to the contrary within eight weeks.

Fact check 4) “Overall, the provisions in the legislation threaten to prevent medium and large surface and deep geothermal projects with drill depths of more than 100 metres in wide parts of Germany for an indeterminate amount of time, even though these would not interfere with a final repository project.”

Fact: Precisely with shallower drilling project between 100 and 200 metres in mind, there is a range of approval options set out in the site selection legislation, see Fact check 1).

As soon as the sub-territories for a final repository have been determined, the agreement procedure consists of a maximum period of just six more months. In this period, BASE can make known the sub-territories that are areas to be protected. Site safeguarding is then limited to these areas to be protected and in the remaining federal territory there are no longer any special testing provisions for the federal state authorities.

The federal company for final storage (BGE) [Bundesgesellschaft für Endlagerung] is responsible for determining the sub-territories and its suggestions are forwarded to BASE, which acts as procedure manager.

Fact check 5) “Years ago, the Federal Institute for Geoscience and Natural Resources (BGR) identified host rock formations worthy of investigation for a final repository. So the remaining federal territory could be released.”

Fact: This question was included as a subject in a meeting between representatives of BASE and the German Geothermal Association. BASE indicated that site safeguarding is to be implemented on a “carte blanche” basis. According to legislation, the project manager, i.e. the federal company for final storage (BASE), is tasked with the later designation of relevant areas. A release of the remaining areas before the conclusion of BASE work would contradict the legally stipulated procedure.

The aforementioned BGR map will be involved in the BGE determinations. However, for technical reasons it cannot form any basis for the determination of sub-territories that could be considered for a final repository site for radioactive waste.