Post-licensing orders under atomic energy law. With special emphasis on provisions for accident management in nuclear installations

The author discusses the aspects of implementation of backfitting measures by way of a so-called informal order of an administrative authority based on retrofitting agreements between the authority and the facility operator. The author's review of the legal aspects leads to the conclusion that this procedure is admissible also in the case of facility operators agreeing to implement retrofitting measures beyond the scope prescribed by existing law. It is explained that the legal provisions for the prevention of damage cover not only measures for prevention of defined risk or damage, but also risks or damage caused by probable risks beyond the danger threshold expressly defined, while such orders of the administrative authority are not admissible in the procedure for licensing, or during the operational phase of a given installation (protection of third parties). The author qualifies post-licensing orders as an interference with the property rights of facility owners protected by the constitution, as in his eyes the provisions of the atomic energy law comply with the constitutional requirements of protection of existing rights. The book further discusses the relationship between post-licensing orders and subsequent, amending licences, and presents considerations on the planned revision of the Atomic Energy Act. (HP)