The Long Road Towards the Soft Nuclear Repository State: Nuclear Waste Governance in Germany

Abstract

AbstractThe decision-making processes in the field of radioactive waste in the Federal Republic Germany have been dominated for long time by the decide-announce-defend (DAD) strategy. In response, the movement against nuclear power and the transport and storage of nuclear waste grew strong and continues to be a key political actor in the current siting process. Following the decision in 2011 to phase out nuclear power by 2022 and with a view to the failures of the past, an ambitiousSite Selection Act(StandAG) was passed in 2013 and amended in 2017. This provided the frame for the establishment of new institutions and a far-reaching participation procedure. In this respect, the StandAG represents a key milestone for the new start of the site search for high-level waste (HLW) based on the principle of the blank map and has contributed to modify the nuclear waste governance system. In 2020, following the release of a preliminary report with an evaluation of regions with potentially suitable host rock formations for a geologic nuclear repository, the operator BGE designated around 90 potential areas. The search for a site that provides the greatest possible safety and security potential sites is being accompanied by a participative process involving various stakeholder groups. It was planned to find a suitable, accepted location by 2031. However, in November 2022 the operator BGE announced that the search for a site would last longer, possibly between 2046 and 2068. The process is thus confronted with significant challenges and Germany must work out a concept for a long-term temporary storage facility as in several European countries. This chapter analyses the long-term multi-level governance of HLW in Germany and the evolution of new institutions with a focus on the domains: politics & administration, legislation, science & technology and civil society and the interaction between them.Procedural fairness and inclusiveness of the process remain important and necessary prerequisites for building public confidence and for the social acceptability of the political siting decisions. The chapter maintains that the legal framework and the StandAG leave many unresolved issues, but still permits extensive room for manoeuvre and represents an opportunity for new and expanded forms of participation to be pursued.