Fish migration aids are compensated, but not their maintenance
Published: Thursday, Nov 9th 2023, 12:10
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The Rhone power plants in Ernen in Valais are to be reimbursed by the federal government for the construction of fish migration aids for the Mörel and Ernen power plants at a total cost of around CHF 3.46 million. The energy company unsuccessfully demanded a total annual amount of CHF 44,000 for the operation and maintenance of the fish aids. The Federal Administrative Court rejected a corresponding appeal.
In two rulings published on Thursday, the Federal Administrative Court stated that the Energy Act only provides for compensation for the remediation costs - i.e. the construction of the fish migration aids.
After a detailed interpretation of the relevant provision, it concludes that the operation and maintenance of the same is at the expense of the power plant operators. The Rhone power plants had demanded annual compensation of CHF 20,000 for the Mörel power plant and CHF 24,000 for the Ernen plant.
The judgments are not yet final and can be appealed to the Federal Supreme Court. (Judgments A-483/2022 and A-484/2022 of 25.10.2023)
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