Doel 4 restarts: possible damage claims if nuclear shutdown is reversed

The Doel 4 nuclear reactor is producing power again for the first time in months. Within two days, the reactor will be running at full power. Meanwhile, the Council of State warns of possible damage claims due to tampering with the nuclear shutdown.

Doel 4 had been shut down since late August. As part of maintenance, operator Engie found damage to the concrete reinforcement in the outer shell of the reactor building. Further investigation was, therefore, needed, but now the Federal Agency for Nuclear Control (FANC) has given the green light for the restart.

Lower electricity prices?

Belgium has seven nuclear reactors, two of which have recently been disconnected from the grid. Three more plants (Doel 1 and 2 and Tihange 1) will close in 2025. That leaves only Doel 4 and Tihange 3. However, they will be allowed to generate electricity for ten years longer than planned, i.e., until 2035.

According to high-voltage operator Elia, restarting Doel 4 is not necessary for the security of supply now, but it could help keep electricity prices down.

Claims possible

However, government negotiators have already indicated that they favor more nuclear power. How that should happen is not yet clear. Three bills are now pending in the House of Representatives to scrap the nuclear phase-out, further extend the lifetime of certain reactors—Doel 4 and Tihange should stay open for 20 instead of 10 years longer—or allow the construction of new smaller modular nuclear reactors—so-called SMRs—in the future.

Should it get that far, it may open the door to compensation claims by operators Engie Electrabel or Luminus, who have 10% participation in Doel 4 and Tihange 3. The Council of State states this in an opinion.

However, the Council does not see major legal obstacles, but an environmental impact assessment with a cross-border public consultation will most likely be needed to authorize any new nuclear power plants.

After all, nuclear plants are often located just on the border with neighboring countries, and an international treaty stipulates that the residents of those countries must have their say on this before a license is issued.

New operator?

Moreover, parliament must also consider the ‘standstill obligation’ in the Constitution. This states that the protection of the environment must not deteriorate under any circumstances without ‘reasonable justification’.

Finally, the bills potentially open the door to compensation claims from the operators of the current nuclear plants, Luminus and Engie Electrabel. As the proposals affect the current nuclear plants and their possible closure date, those companies may experience losses for which they can seek compensation under the law.

Engie has repeatedly indicated it is not an applicant for an additional extension of Doel 4 and Tihange 3, and nuclear energy is not part of Engie’s future ambitions. For FANC, a new operator of the nuclear power plants would not be a problem.