Has the Federal Government the power to instruct State authorities in procedures under the Atomic Energy Act

The differences in opinion which have emerged between the Federal Government and ministers of the State of North Rhine-Westphalia about further permits to be issued for construction of the SNR 300 fast breeder reactor at Kalkar have raised the question of whether the Federal Government has the right to issue directives to a state authority to grant a permit. Close examination of the legal aspects indicates that hardly any literature and no court decisions are as yet available on this problem, because it has never played a role so far. However, it is undisputed that there is such a right to give instructions. Under the Constitution and the Atomic Energy Act the state authorities are responsible for granting permits, but only as agents acting on behalf of the federal authority. Such instructions must be in accordance with the Atomic Energy Act and the objective sought must be lawful for the instructions to be effective. (orig.)