Obligation for continued operation of the power plant Irsching 4 must be accompanied by appropriate compensation
Prohibition of temporary cessation deprives Uniper the free use of its property
Today, at the Bavarian District Court in Bayreuth, Uniper took legal action against the decommissioning ban of the power plant Irsching 4. Starting from 1 April 2016, Uniper would like to have the power plant, which is one of the world's most advanced, temporarily decommissioned because of lacking profitability. The organisation made the appropriate application on 30 March of last year. In September 2015, this was prohibited by the transmission system operator TenneT. Uniper was obliged to keep Irsching 4 available, in the interests of the supply security in Southern Germany.
With this action against unjustified interference, Uniper turns to constitutionally protected rights. Under the regulations of the reserve power plant ordinance and the Energy Act, the power plant is essentially operated on behalf of the state. The owners were entirely deprived of their power of disposal without receiving adequate compensation.
According to Eckhardt Rümmler, Chief Operating Officer responsible for power generation at Uniper: 'If we are forced to maintain the Irsching 4 power plant as an emergency reserve, this is an invasion of our fundamental right to property. The least that we expect is the proper remuneration of our expenses. However, the necessary political and legal framework is lacking, and there is no improvement in sight. We are therefore forced to take legal action'.
TenneT has also prohibited the decommissioning of the power plant Irsching 5, which Uniper operates together with N-ERGIE, ENTEGA and Mainova at the same location, and requested further availability. The other shareholders support the action against the decommissioning ban on the adjacent Block 4. The owners of Block 5 are also taking joint legal action for the equitable remuneration of expenses incurred for the use of the power plant for re-dispatch or grid stabilisation. Information has been provided by the operator in a separate press release.
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This press release may contain certain forward-looking statements based on current assumptions and forecasts made by the management of Uniper AG and other information currently available. Various known and unknown risks, uncertainties, and other factors could lead to differences between the actual future results, financial situation, and development or performance of the company and the estimates given here. Uniper AG does not intend and undertakes no commitment to update these forward-looking statements or to adjust them to future events or developments.