No reserve power plant needed – According to the Federal Administrative Court, there was no threat of a severe power shortage – News


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BVG judges definitively: The Federal Council should not have approved the operation of the gas reserve power plant in Birr.

In February 2022, the Federal Council was afraid that Switzerland could run out of electricity. He called on the population to save electricity: “Energy is scarce, let’s not waste it,” was the slogan. Energy Minister Simonetta Sommaruga gave electricity-saving tips: turn off the lights, set the water to less hot or even take a shower with two people.

While the latter caused amusement, the Federal Council was quite serious. In the event of an emergency, he had gas reserve power plants built, including in the Aargau community of Birr.

Severe shortage not documented

Now the Federal Administrative Court has come to the conclusion in a final judgment that the Federal Council somewhat exaggerated its fears. There is no evidence of a severe electricity shortage.

This is what UVEK says when asked:


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Last winter it could not be ruled out that a severe energy shortage could arise within a relatively short period of time. A subsequent assessment from today’s perspective could reach a different result. The fact that the Federal Council wanted to be ready to provide the necessary electricity production was all the more important since the energy savings appeals had had little effect on the population.

According to UVEK, the Federal Administrative Court’s ruling offers valuable support for future assessments of shortages. The factual basis of an impending shortage situation will be documented more clearly.

The court thus ruled in favor of a resident who had resisted the operating license for the reserve power plant out of fear of noise and environmental concerns. According to the court, the Federal Council should not have granted this operating license.

The Federal Council must explain to what extent there is a risk of a shortage

This is a bitter slap for the Federal Council. Not only does the court suggest that the Federal Council overstepped the mark, it also points to a procedural error: the responsible department did not explain which criteria it would use to assess the likelihood of a bottleneck. The court was therefore unable to understand on the basis of which assumptions the Federal Council had assumed a serious deficiency situation. According to the court, general references to the political situation in Europe or shut down nuclear power plants in France are not enough.

Legend:

Posters with the Federal Council’s energy recommendations at the end of August 2022.

Keystone/Anthony Anex/Archive

For the future, this means: reserve power plants may only be operated if the Federal Council provides detailed evidence of the extent to which there is a risk of a shortage.

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