The unbeloved public

The paper investigates whether and under what conditions the ordinance concerning the procedure for licensing nuclear installations requires participation of the public in procedures concerning licenses applied for for modifying a nuclear installation. Considering the history of the ordinance, the internal structure of the particular requirement (section 4, sub-section 2 AtVfV) seems to indicate that it is not the licensing authority's point of view that sets the criteria for an assessment of the interpretation problems, but rather the point of view and interests of third parties involved. The significance of the requirement of third-party participation which stems from its origin in the Basic Rights points to the same direction. The practice adopted by the authorities, namely to call in question the basic rights relevance, is not justified. The actual case discussed in this context is that of the Isar-2 reactor which, after the first part-construction permit had been given, was planned to be considerably modified in design. The administrative court of Regensburg in January 1984 admitted an action and a motion in accordance with sec. 30, sub-sec. 5 VWGO. The Bavarian Higher Administrative Court then reversed this decision on March 30, 1984. (orig./HP)