EnBW says nuclear exit violates property rights
FRANKFURT, July 30
FRANKFURT, July 30 (Reuters) - EnBW, Germany's third-biggest utility, joined peers in saying the government's decision to abandon nuclear power would infringe its property rights, although its ownership structure prevented it from filing a legal complaint.
Three of the four operators of nuclear plants in Germany - E.ON, RWE and Vattenfall - have filed constitutional complaints, with E.ON, Germany's No.1 utility, seeking 8 billion euros ($9.9 billion) in compensation.
EnBW is 46.75 percent-owned by the German state of Baden-Wuerttemberg, with another 46.75 percent owned by nine of the state's municipalities. The market freefloat is just 0.39 percent of its shares.
This, according to German law, would prevent it from filing a complaint, EnBW said on Monday.
"However, EnBW explicitly shares the legal opinion of E.ON, RWE and Vattenfall, according to which the 13th amendment of the Atomic Energy Act is unlikely to withstand a constitutional examination," it added.
Germany reacted to the disaster at Japan's Fukushima reactor by shutting eight reactors last summer and accelerating the closure of the remainder with a 2022 deadline.
E.ON has stressed that it does not oppose the government's focus on renewable energy over nuclear power and fossil fuels but believes its property rights have been infringed.
The four operators have made provisions amounting to more than 30 billion euros for the dismantling of the plants and the disposal of nuclear waste. ($1 = 0.8084 euros) (Reporting by Christoph Steitz, editing by Jane Baird)
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