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Legal appeal against extension of time for Flamanville nuclear construction

La Manche Libre 26th May 2017, two associations filed an appeal to the Council of State for excess of power in the file of the EPR Flamanville (Manche). On Thursday, March 23, 2017, the State had authorized the construction site of the Flamanville EPR for three years more than the initial period of 10 years.

A decision today challenged by two associations, the Crilan (Committee for Reflection, Information and Anti-Nuclear Struggle) and Our Affair to All. On Tuesday, May 23, 2017, they appealed to the Conseil d’Etat for an abuse of power. The application relies on two points of the law of 13 June 2006 on transparency and security in nuclear matters: The fact that the law imposes a time limit for such a project and that it has not been respected. “There are no regulations that allow the state to change the duration of a decree,” advocates the lawyer of Caen Gervais Doutressoulle.

According to him, a new decree should have been taken, but this would have led to a new public consultation. The law also states that, in the event of a “significant” or”substantial” change, the authorization decree then lapses. A new text is needed. The recourse lists nine sets of modifications in relation to the project presented initially. He cites, for example, the composition of the tank, whose fate is expected to be known this summer, the cost spent from 2.8 billion euros to more than 10 billion euros, or the choice of fuel.

The Council of State must now determine when it will consider this appeal. “If he has an important file, it is this one”, judge Gervais Doutressoulle who considers the reasonable time between three and six months. In early 2016, a similar appeal was filed. It has not yet been examined.


May 29, 2017 - Posted by | France, Legal

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