A Comparative Case Study of Public Participation Level: Focused on the Process of Site Selection for High-level Radioactive Waste

2021 ◽  
Vol 25 (4) ◽  
pp. 163-186
Author(s):  
Myeonghwan Kim ◽  
Jaeho Eun
2021 ◽  
Vol 1 ◽  
pp. 219-220
Author(s):  
Lisa P. Hamacher

Abstract. State decisions regarding a repository for high-level radioactive waste have an extraordinary intergenerational significance. The academic legal discussion has increasingly strengthened the status of future generations in constitutional law. In its recent decision on the German Climate Protection Act, the Federal Constitutional Court equally emphasised that state actors have an obligation to protect future generations. Fundamental rights of future generations thus have an anticipated effect in the present. In general, the legislator is free to choose the appropriate means to protect these rights. The interests of future generations may be promoted by substantive or procedural law. The German Site Selection Act (StandAG), however, makes use of procedural protections to a significant extent. Including the interests of future generations in the existing public participation procedures and participation bodies is, therefore, crucial for the effective protection of future generations. The presentation examines to which extent the current legal framework for the site selection for a high-level radioactive waste repository in Germany enables an effective representation of the future generations' interests. Existing publications (Appel, 2005; Rose, 2018; Kloepfer, 1993) name various characteristics of effective “intergenerational institutions”. Accordingly, these institutions should be independent, exist long-term, serve future interests solely or primarily, and have strong rights vis-à-vis decision-makers; however, German constitutional law, namely the principle of democracy, limits the design of such institutions. Not all of the abovementioned characteristics can be combined. Nevertheless, the constitution enables means to include and promote the interests of future generations in decision-making procedures, which are not fully exploited by the German Site Selection Act. The participation procedure includes several groups which could promote intergenerationally just decisions, namely environmental associations, the public and representatives of the “young generation”; however, none of these stakeholders are “intergenerational institutions” in the abovementioned sense. Subsequently, the presentation proposes various reforms: improving the sustainability impact assessment during the legislative procedure, the implementation of an “intergenerational impact assessment” and an ombudsperson for future concerns, who could be affiliated with the National Citizens' Oversight Committee (Nationales Begleitgremium).


2021 ◽  
Author(s):  
Marc Wengler ◽  
Astrid Göbel ◽  
Eva-Maria Hoyer ◽  
Axel Liebscher ◽  
Sönke Reiche ◽  
...  

<p>According to the 'Act on the Organizational Restructuring in the Field of Radioactive Waste Disposal' the BGE was established in 2016. The amended 'Repository Site Selection Act' (StandAG) came into force in July 2017 and forms the base for the site selection by clearly defining the procedure. According to the StandAG the BGE implements the participative, science-based, transparent, self-questioning and learning procedure with the overarching aim to identify the site for a high-level radioactive waste (HLW) repository in a deep geological formation with best possible safety conditions for a period of one million years.</p><p>The German site selection procedure consists of three phases, of which Phase 1 is divided into two steps. Starting with a blanc map of Germany, the BGE completed Step 1 in September 2020 and identified 90 individual sub-areas that provide favorable geological conditions for the safe disposal of HLW in the legally considered host rocks; rock salt, clay and crystalline rock. Based on the results of Step 1, the on-going Step 2 will narrow down these sub-areas to siting regions for surface exploration within Phase 2 (§ 14 StandAG). Central to the siting process are representative (Phase 1), evolved (Phase 2) and comprehensive (Phase 3) preliminary safety assessments according to § 27 StandAG.</p><p>The ordinances on 'Safety Requirements' and 'Preliminary Safety Assessments' for the disposal of high-level radioactive waste from October 2020 regulate the implementation of the preliminary safety assessments within the different phases of the siting process. Section 2 of the 'Safety Requirements' ordinance provides requirements to evaluate the long-term safety of the repository system; amongst others, it states that all potential effects that may affect the long-term safety of the repository system need to be systematically identified, described and evaluated as “expected” or “divergent” evolutions. Additionally, the ordinance on 'Preliminary Safety Assessments' states in § 7, amongst others, that the geoscientific long-term prediction is a tool to identify and to evaluate geogenic processes and to infer “expected” and “divergent” evolutions from those. Hence, considering the time period of one million years for the safe disposal of the HLW and the legal requirements, it is essential to include long-term climate evolution in the German site selection process to evaluate the impact of various climate-related scenarios on the safety of the whole repository system.</p><p>To better understand and evaluate the influence of climate-related processes on the long-term safety of a HLW repository, climate-related research will be a part of the BGE research agenda. Potential research needs may address i) processes occurring on glacial – interglacial timescales (e.g. the inception of the next glaciation, formation and depth of permafrost, glacial troughs, sub-glacial channels, sea-level rise, orbital forcing) and their future evolutions, ii) effects on the host rocks and the barrier system(s) as well as iii) the uncertainties related to these effects but also to general climate models and predictions.</p>


2021 ◽  
Vol 1 ◽  
pp. 49-50
Author(s):  
Lisa Seidel ◽  
Marc Wengler

Abstract. With the publication of the subarea interim report on sub-regions on 28 September 2020, the Federal Company for Radioactive Waste Disposal (BGE), as the implementer of the German site selection procedure, has completed the first step of phase I in due time. The second step of phase I is the identification of siting regions for surface exploration. In the following step 2 of phase I, the determination of siting regions for surface exploration will be carried out based on the interim results of the first step of phase I in accordance with section 14 of the regulating law (StandAG). A central component of this second step of phase I is the representative preliminary safety assessments pursuant to section 27 StandAG, the ordinances on “Safety Requirements” (EndlSiAnfV) and “Preliminary Safety Assessments” (EndlSiUntV), which are carried out for each of the sub-regions. Based on the results of the preliminary safety assessments and the renewed application of the geoscientific weighting criteria (section 24 StandAG), siting regions will be identified that have the potential to become the site with the best possible safety for a repository for high-level radioactive waste. During the second step of phase I, the planning scientific consideration criteria (section 25 StandAG) can be applied for the first time. The path to the siting regions for surface exploration can be accompanied by various challenges related to geoscientific, methodological and also societal questions. For example, the application of the representative preliminary safety assessments may be more challenging in larger subareas compared to smaller ones as subsurface properties are likely to be more variable. In this context, areas with little data coverage for example, and the treatment of these areas in the procedure may pose another challenge. Therefore, sound methodological concepts must be developed for performing the representative preliminary safety assessments as well as for applying the geoscientific weighting criteria. Furthermore, the German site selection procedure defines special requirements (section 1 StandAG): the implementation of the participatory, science-based, transparent, self-questioning and learning procedure poses challenges to all stakeholders of the procedure on the way to the best possible disposal of high-level radioactive waste.


Energies ◽  
2019 ◽  
Vol 12 (13) ◽  
pp. 2580 ◽  
Author(s):  
Guido Bracke ◽  
Wolfram Kudla ◽  
Tino Rosenzweig

The phase-out of nuclear energy in Germany will take place in 2022. A site for final disposal of high-level radioactive waste (HLRW) has not yet been chosen, but a site selection process was restarted by the Site Selection Act in 2017. This Act was based on a recommendation by a commission which also advised to follow up the development of deep borehole disposal (DBD) as a possible option for final disposal of HLRW. This paper describes briefly the status of DBD in Germany and if this option is to be pursued in Germany. Although DBD has some merits, it can only be a real option if supported by research and development. The technical equipment for larger boreholes of the required size will only be developed if there is funding and a feasibility test. Furthermore, any DBD concept must be detailed further, and some requirements of the Act must be reconsidered. Therefore, the support of DBD will likely remain at a low level if there are no political changes.


2021 ◽  
Vol 56 ◽  
pp. 67-75
Author(s):  
Eva-Maria Hoyer ◽  
Elco Luijendijk ◽  
Paulina Müller ◽  
Phillip Kreye ◽  
Florian Panitz ◽  
...  

Abstract. The Federal Company for Radioactive Waste Disposal (BGE) is responsible for the search for a site with the best possible safety for the disposal of high-level radioactive waste in Germany. The site selection procedure is regulated in a law that was adopted by the German Federal Parliament (Repository Site Selection Act – StandAG, 2017, last updated 2020) and aims to be a participatory, transparent, learning, and self-questioning process based on scientific expertise. The first step of the first phase of the site selection procedure was completed in September 2020 and resulted in the identification of sub-areas that give reason to expect favorable geological conditions for the long-term storage of nuclear waste in the subsurface. These sub-areas cover approximately 54 % of Germany and are located in three different host rocks: rock salt – halite, claystone, and crystalline rock. The challenge for the next step is to find suitable siting regions within the previously determined sub-areas that are then considered further in the next phase of the site selection procedure. In the following, the methodology of the so-called representative preliminary safety analyses is described, which constitute one of the tools to identify siting regions, and some first insight on how they are planned to be implemented in practice is given.


2021 ◽  
Vol 1 ◽  
pp. 99-100
Author(s):  
Ute Maurer-Rurack ◽  
Guido Bracke ◽  
Eva Hartwig-Thurat ◽  
Artur Meleshyn ◽  
Torben Weyand

Abstract. The Site Selection Act stipulates a precautionary temperature limit of 100 ∘C on the outer surface of the containers with high-level radioactive waste (HLRW) in the final disposal site. This precautionary temperature limit should be applied in preliminary safety analyses provided that the maximum physically possible temperatures in the respective host rocks have not yet been determined due to pending research. Increasing temperatures in the deep geological underground, caused by the heat generation of the HLRW, can trigger thermal, hydraulic, mechanical, chemical and biological processes (THMCB) in the respective host rocks of a final disposal site and thus endanger safety. Furthermore, high temperatures may hamper the feasibility to retrieve and recover HLRW from a final disposal site. Such processes are described in detail in databases for features, events and processes (FEP) databases. Single components or barriers of a final disposal facility may require specific design temperatures for the preservation of their features once a concept for long-term safety of a final disposal site is established; however, the interactions of all relevant processes of a concept for a final disposal site must be considered when a specific temperature limit for the outer surface of the containers is derived. This temperature limit may vary for particular safety and final disposal concepts in the host rock: salt, clay and crystalline rock. The conclusion is that temperature limits regarding the outer surface of the containers should be derived specifically for each safety and disposal concept and should be supported by a solid safety analysis. Temperature limits without reference to specific safety concepts or the particular design of the final disposal site likely narrow down the possibilities for optimisation and could adversely affect the site selection process in finding the best suitable site.


2021 ◽  
Author(s):  
Eva-Maria Hoyer ◽  
Christoph Behrens ◽  
Merle Bjorge ◽  
Julia Dannemann ◽  
Dennis Gawletta ◽  
...  

<p>The Federal Company for Radioactive Waste Disposal mbH (BGE mbH) is as Germans waste management organization responsible to implement the search for a site with the best possible safety for the disposal of high-level radioactive waste for at least one million years, following the amendments of the Repository Site Selection Act in 2017. The selection procedure is meant to be a participatory, transparent, learning and self-questioning process based on scientific expertise.</p><p>This contribution will provide an overview of the methodology of the forthcoming preliminary safety assessments as a major part of the next steps in the site selection procedure. This procedure overall consists of three phases with increasing level of detail for identification of the best site. The first phase consists of two steps. The objective of the first step was to determine sub-areas in the three considered host rocks, salt (halite), clay and crystalline rock, by applying legally defined exclusion criteria, minimum requirements and geoscientific weighing criteria. 90 sub-areas that cover approximately 54 % of the area of Germany were identified due to their general suitable geological conditions. The result was published in September 2020.</p><p>The second step of phase one is currently in progress and consists of representative preliminary safety assessments that aim to assess the safety of the repository system as well as its robustness. The requirements for the preliminary safety assessments in the site selection procedure are defined by a governmental directive released in October 2020. Representative preliminary safety assessments have to be performed for each sub-area and consist of the compilation of all geoscientific information relevant to the safety of a repository, the development of preliminary safety and repository concepts and the analysis of the repository system. In addition, a systematically identification and characterization of uncertainties has to be undertaken and the need for exploration, research and development must be determined. The application of the representative preliminary safety assessments as well as the following renewed application of geoscientific weighing criteria will lead to the identification of siting regions within the larger sub-areas of step one. These regions will be considered, first for surface-based geoscientific and geophysical exploration, including i.e. seismic exploration and drilling of boreholes. Subsequently the last phase of the site selection will proceed with subsurface exploration. Finally, all suitable sites will be proposed and the German government will decide the actual site. This process is expected to be finalized in 2031.</p>


2021 ◽  
Vol 1 ◽  
pp. 201-202
Author(s):  
Lucas Schwarz

Abstract. The introduction of the Site Selection Act (Standortauswahlgesetz, StandAG) marked the initiation of a new repository site-selection process as well as the elimination of injustices of past procedures. In this context, the white map of Germany served as a basis for and symbol of an unbiased search process (Hocke and Smeddinck, 2017). However, the publication of the Sub-Areas Interim Report has revealed injustices in the handling of high-level radioactive waste. For example, there is criticism that the methods used to determine the sub-areas are immature or scientifically dubious. There are still fears that rural areas with a low population density will be favored, that there are imbalances in the site-selection process between West and East Germany, or that the discrepancy in the sense of fairness between regions that drop out of the process and those that remain will lead to problems in subsequent stages of the process. All of these positions show that there is inherent injustice in the search for a repository site: at the end of the site-selection process, a single site will receive all the high-level radioactive waste of the Federal Republic of Germany and thus bear the potential risks. People at this one site will live with the uncertainties associated with dealing with high-level radioactive waste. While the debate about geological or technical factors and challenges is multifaceted and specialized, the issue of fairness in the site-selection process is rarely addressed. However, fairness is immensely important to find a socially acceptable repository site. This paper thus focuses on the following questions: What are the prevailing notions of justice among those involved in the repository site-selection process? From the perspective of the involved parties, what characterizes fairness in the site-selection process? Answering these questions should contribute to a better understanding of whether the repository site-selection process is perceived as just, and what this depends on. Starting from Rawls' theoretical perspective of justice (2005 [1971]) and Latour's contribution of the values of modern people (2014), an empirical understanding of the stakeholders' perception and understanding of justice in the site-selection process is synthesized. In the context of this work, results of an empirical survey comparing different aspects of justice, e.g., procedural, distributive, intergenerational, and interpersonal, but also justice as recognition, are presented and related to adjacent factors, such as trust, emotions, or experiences. The empirical survey is intended to provide information on whether the perception of justice is more strongly dependent on the process, on one's own affectedness, or on adjacent factors.


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