The contentious administrative Chamber of national audience has given reason to Endesa and has nullified sanctions worth 12 million euros that n Ministry of Industry (today in Economics) imposed on 2014 owning companies of four plants Nuclear: Almaraz, Ascó I, Ascó II and Vandellòs II.Learn More
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The hearing has estimated a company's appeal against four ministerial orders, each with three million euros being penalized by owners of plants for incompliance with Nuclear Energy Act. The ownership of se facilities is divided between Endesa and Iberdrola, except in case of Ascó I, which belongs exclusively to Endesa, and Almaraz, owned by Endesa, Iberdrola and Natural Gas. The companies had to deal in solidarity with sanction.
Industry opened sanctions for serious infringement by considering that y had "permanently" breached obligation of adaptation envisaged in a transitory provision of Nuclear Energy Act. Since 2011 y were required to have sole ownership of exploitation authorisations rar than cotitling system that existed before. The law gave m a year to adapt, but y failed to meet deadline.
In 2013 industry imposed a first fine of 900,000 euros for each nuclear power plant. As y kept ir default, y punished m again following year with three million euros. The judgement, which country has had access to, gives Endesa right to understand, contrary to criterion of state law, that having been fined once, y cannot be punished again.
"Once term of a year has passed and conduct consisting of not presenting planned adaptation plan has been sanctioned, [...]" The sanction that was now being challenged was unpredictable, ' ruling said on 13 September that it condemned administration to coast.
The State counsel's approach was different, considering that infringing conduct continued to be committed while obligation was not fulfilled. If not, he argued on behalf of Ministry of Industry, " purpose of reform would be frustrated", which was to get nuclear power plants to have a single ownership.
The hearing also gave reason to Iberdrola last year in claim filed by this company for same penalty file in case of Vandellòs II. In that case, judges reduced fine to 300,000 euros.
A spokesperson for Endesa pointed out that companies have already complied, and that now nuclear has a unique holder which is an association of economic interest (IEA).