Safety versus transparency

"Transparency, i.e. the disclosure of documents in the field of nuclear waste management and transports, is vital for the credibility of official examinations of proofs of safety. At the same time it must be observed that the demand for transparency is limited, in particular regarding the protection against attack preparations by third parties," says Wolfram König, President of the Federal Office for the Safety of Nuclear Waste Management (BfE).

Also in the case of the transports from Obrigheim to Neckarwestheim which were licensed subject to strict safety conditions, there have been good reasons for denying the disclosure of details on protection and security measures. The objective is to prevent misuse of the information.

The Berlin Administrative Court has today rejected an application of the Community of Neckarwestheim. The Community wanted to prevent the immediate making use of the transport licence granted in May. In its statement of reasons, the Court announced that there was a considerable public interest in the prompt dismantling of the Obrigheim nuclear power plant. This would be delayed through the Community's application.

Nevertheless, it was stated in the Court's press release that the licence's lawfulness in this matter could currently not be clarified and was therefore open. The assessment as to whether the necessary protection against the risks of a release of ionising radiation be ensured according to the planned security and protection concept, could not be made. For this was not possible for the Court without having access to the security concept for reasons of confidentiality.

In public, the topic duty of confidentiality is frequently questioned by affected residents. "In order to ensure the necessary safety, especially with regard to the protection against attacks, it is necessary to protect information against misuse by third parties. With a shared social understanding, these safety tasks can be complied with in the best possible way," Wolfram König says.

Within the framework of the licensing procedure, the BfE had committed the transport companies to conduct comprehensive technical, personnel, and administrative security measures which ensure the protection of the transports, e.e. against attacks. Type and extent of the security measures are laid down in the "Directive for the protection against disruptive actions or other interference by third parties (SEWD) in the transport of nuclear fuels".

Background

On 16 May 2017, the Federal Office for the Safety of Nuclear Waste Management (BfE) approved the transport of 15 casks (CASTOR^® 440/84 mvK type) containing altogether 342 spent fuel elements from the decommissioned Obrigheim nuclear power plant to the Neckarwestheim on-site interim storage facility. The application for the transport with the right to immediate enforcement had been submitted by DAHER on behalf of EnBW Kernkraft GmbH on 27 March 2014. Approved were maximum eight transports by inland waterway on the River Neckar. The Community of Neckarwestheim submitted an application for termination of immediate enforcement to the Berlin Administrative Court on 16 May 2017 and at the same time raised objections against the transport licence at the BfE.