VZCZCXRO6452
RR RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV
DE RUEHVI #3482/01 3391109
ZNR UUUUU ZZH
R 051109Z DEC 06
FM AMEMBASSY VIENNA
TO RUEHC/SECSTATE WASHDC 5711
INFO RHEBAAA/DEPT OF ENERGY WASHDC
RUCNMEM/EU MEMBER STATES
RUEHUNV/USMISSION UNVIE VIENNA 0361

UNCLAS SECTION 01 OF 02 VIENNA 003482 
 
SIPDIS 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: ENRG SENV PGOV EUN AU
SUBJECT: AUSTRIA'S OPPOSITION TO CZECH NUCLEAR POWER PLANT 
HIGHLIGHTS ANTI-NUCLEAR POLICY 
 
 
Summary 
------- 
 
¶1.  (SBU) The recent Czech decision to grant a final operating 
license for the controversial Temelin nuclear power plant has 
unleashed a barrage of criticism in Austria.  State government 
officials in Upper Austria, which lies approximately 40 miles from 
Temelin, have been the most vehement critics.  Upper Austrian 
officials maintain that the Czech action breaches the 2001 Melk 
Agreement between the GoA and GoC.  Moreover, state level officials 
remain concerned that Temelin's safety standards are inadequate. 
Working level contacts in the federal government have characterized 
the Upper Austrian reaction as exaggerated, but acknowledge that the 
GoA may lodge a complaint with the International Court of Justice. 
Opposition to nuclear power in Austria cuts across political, 
regional, and generational differences.  Temelin has become a symbol 
for Austria's anti-nuclear policy, which the GoA pursues on the 
local, national, and international levels.  As one Green politician 
told us, "the only safe nuclear power plant is Austria's 
Zwentendorf," which anti-nuclear activists were able to shut down 
before it ever went into operation.  End Summary 
 
 
State of Upper Austria Concerned About Temelin 
--------------------------------------------- - 
 
¶2.  (U) On November 20, we met with Upper Austrian state government 
officials to discuss the Czech authorities' decision, as reported in 
Austrian press, to grant a final operating license for the 
controversial Temelin nuclear power plant.  Temelin's two reactors 
have been operating on a trial basis since June 2002 and April 2003 
respectively.  Temelin, which lies approximately 40 miles from the 
Austrian border, has been a focal point for Austria's anti-nuclear 
policy and for the GoA's efforts to persuade other governments to 
renounce nuclear energy. 
 
¶3.  (SBU) Rudi Anschober, the Upper Austrian State Councilor for 
Environment and Energy Issues and head of the state's Green Party, 
told us that the federal government has an obligation, under the 
2001 Melk Agreement, to engage the GoC to find a political solution. 
 The agreement, in Anschober's view, is a bilateral treaty, whose 
terms the Czechs must respect.  According to Anschober, the European 
Commission should also become active in the dispute, because it 
helped broker the Melk Agreement.  Anschober emphasized that the 
Upper Austrian Government would not participate itself in a border 
blockade, but he said it was a fact that, without progress, there 
would be popular support to block border crossings in December. 
(Note: On December 3, approximately 200 protestors blocked two 
border crossings for several hours.  End Note)  When we pressed 
Anschober, he admitted that, in his opinion, "the only safe nuclear 
power plant is Austria's Zwentendorf," which never began 
operations. 
 
¶4.  (SBU) In a separate meeting, Gerhard Loidl from the Upper 
Austrian Government's Office of Anti-Nuclear Issues told us he 
thought that CEZ, the state-owned operator of Temelin, would 
eventually have to shut down the reactor because of its inherently 
unstable combination of Russian and Western technology.  He claimed 
that the cost to upgrade the plant was prohibitively expensive. 
Loidl cited a sinking concrete support plate, water spills, pipe 
leaks, turbine problems, unsafe valves, and non-functioning control 
rods as the main reasons why Temelin is unsafe for commercial use. 
Loidl acknowledged tensions between the Upper Austrian State 
Government and the Austrian federal government on this issue, 
speculating that behind-the-scenes business deals for Austrian firms 
had helped mollify concerns in Vienna. 
 
 
Federal Government: "Upper Austria Concerns Exaggerated" 
--------------------------------------------- --------- 
 
¶5.  (SBU) We followed up on November 21 with Andreas Molin, Director 
of the Nuclear Co-ordination Division in the Federal Ministry of 
Agriculture and Environment, which has the lead on this issue. 
Molin confirmed that the GoA views the 2001 Melk Agreement as a 
bilateral treaty under the auspices of the EU Commission.  According 
to the terms of the agreement, Temelin can only receive final 
approval to continue operations if its operators have fulfilled all 
relevant safety criteria.  Austria had wanted to include the 
agreement in the Czech Republic's 2004 EU Accession Treaty, but, 
according to Molin, other "nuclear" Member States vetoed this idea. 
 
¶6.  (SBU) Molin said the Czech authorities clearly believe they have 
fulfilled the Melk Agreement requirements.  Molin recalled that 
Prague and Vienna could not agree on a joint final report in 2004, 
so Austria had published one unilaterally.  The Austrian report 
emphasized that there had been progress on safety issues, but noted 
that there were also outstanding issues.  Molin said that his 
 
VIENNA 00003482  002 OF 002 
 
 
ministry does not consider the Czech action a breach of the 
agreement.  However, he added that Minister Josef Proell has stated 
that "Austria reserves its right to take legal steps at the 
international level after reviewing official documents from the 
plant." 
 
¶7.  (SBU) The Austrian Parliament is considering a non-binding 
motion requesting the GoA to lodge a complaint with the 
International Court of Justice (ICJ), should the Czech Republic 
refuse to submit evidence that it has addressed all safety issues. 
Molin opined that the tough wording of the motion stemmed partially 
from the on-going negotiations to form a federal government in 
Vienna.  Molin admitted there is little, if any, chance for a 
successful lawsuit for several reasons: the Melk Agreement is very 
vague; the two parties have not agreed to a dispute settlement 
procedure; and the Czech Republic does not recognize ICJ verdicts. 
In Molin's view, the Austrians should instead intensify their 
political discussions with the Czechs on the issue. 
 
 
Broad Consensus in Austria for Anti-Nuclear Stance 
--------------------------------------------- ----- 
 
¶8.  (SBU) Austria's opposition to Temelin highlights the breadth of 
anti-nuclear policy sentiment in Austria.  Support for this policy 
cuts across the political, generational, and regional spectrum. 
Austria has consistently argued against financial support for EU 
initiatives on nuclear power.  Earlier this year, Austria succeeded 
in pushing through language on the 7th EU Research Directive that 
prohibits promoting new nuclear technologies within the framework of 
the Euro 4 billion EURATOM program.  Austria actively attempts to 
persuade countries in Central and Eastern Europe -- Slovakia, 
Slovenia, the Czech Republic, Bulgaria and Ukraine - to abandon 
nuclear energy. 
 
¶9.  (SBU) Austria opposes a more robust role for the IAEA in the 
development and construction of new generation power plants, as well 
as additional financial assistance for civilian nuclear power 
development.  The GoA has instead argued for more stringent nuclear 
safety standards and enhanced control measures to prevent misuse of 
civil nuclear programs for military purposes. 
 
¶10.  (SBU) Within international financial institutions (IFIs), 
Austria has consistently voted against financing for nuclear power 
plants, particularly in Eastern Europe.  According to a 2005 
Ministry of Finance strategy paper, Austrian representatives to IFIs 
should vote against financing for nuclear plants or projects 
connected to nuclear energy.  These instructions allow for 
exceptions for the permanent disposal of radioactive waste or for 
de-commissioning nuclear plants. 
 
MCCAW