Block A of RWE’s Biblis nuclear facility is due to be decommissioned in 2008, but AFX News has reported that the company was hoping to extend the plant’s life to 2011 by transferring the leftover nuclear capacity from its inactive Muehlheim-Kaerlich site.

RWE originally filed the application in September 2006. According to Platts, the German environment minister, Sigmar Gabriel, refused RWE’s request to transfer capacity on the grounds that it is not permitted by nuclear law.

Platts cited Mr Gabriel as saying: According to the nuclear law, electricity cannot be transferred from Muhlheim-Karlich to the nuclear power plant Biblis A. RWE’s application also contradicts the agreement utilities signed with the federal government on June 14, 2000.

Platts also quoted an environment ministry statement as confirming that RWE is taking the regulator to court over the issue.

RWE is now hoping that its application to transfer remaining nuclear capacity from its Emsland power plant to block A of Biblis will be successful. This request was also filed in September 2006, in case the Muhlheim-Karlich application was rejected. The application is now being evaluated by the environment ministry, Platts said.