Legal opinion says switching off coal power plants could be illegal and expensive

A legal opinion commissioned by coal power plant operator RWE argues a coal exit by policy decree would be unconstitutional, reports Klaus Stratmann in business daily Handelsblatt. The “renowned” energy law firm Posser Spieth Wolfers & Partners argues that in contrast to what coal exit proponents say, a ruling on the nuclear exit from 2016 cannot be applied to the coal exit. The legal experts say ordering shutdowns could become expensive, because this would likely entail compensation claims from operators. But the legal experts also say that an amicable agreement could clear the way for a coal exit.
A legal opinion by law firm BeckerBüttnerHeld (BBH) had stated last year that a speedy coal exit without compensation payments is possible because most power stations are already written off because they are older than 25 years.

Read the article in German here.

For background, read the article Commission watch – Managing Germany’s coal phase-out.