Nuclear Decision-In-Principle

Energy cooperative is a cooperative engaged in generating electricity, producing bio-gas or heat in RES installations owned by the cooperative or its members and balancing the demand exclusively for the needs of the cooperative and its members.
11 October 2023

The nuclear decision-in-principle is the first step to effectively secure the public interest in terms of the state’s nuclear policy, as well as the objectives arising from the energy policy and energy security of the country.

The Act on the Preparation and Execution of Investments in Nuclear Energy Facilities and Associated Investments indicates the obligation for entities making investments in the construction of a nuclear energy facility to obtain nuclear decision-in-principle.

The nuclear decision-in-principle:

  1. determines the permitted parameters of the investment for the construction of a nuclear power facility;
  2. gives the right to apply for a location decision for the construction of a nuclear energy facility;
  3. entitles the applicant to apply for other decisions necessary for the preparation, execution and use of the investment in respect of a nuclear energy facility.

In order to apply for nuclear decision-in-principle, the investor must be an entity established in a Member State of the European Union, an EFTA Member State or an OECD Member State. An eligible investor, by submitting an application to the minister responsible for energy, may apply for the issuance of a decision-in-principle for one or more nuclear energy facilities, provided that they are related to each other.

Together with the application, the investor is obliged to submit the required documents and to pay a fee. The minister responsible for energy grants or refuses the nuclear decision- in-principle, taking into account the public interest.

The nuclear decision-in-principle allows, within 10 years of its issuance, for an application to determine the location of the nuclear power plant to be submitted. Failure to file such an application results in the expiry of the decision and the need to reapply for its issuance.



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Marek Grzywacz, Ph.D., Counsel