The court supported the arguments of the representatives of Energoatom and SNRIU and found the information placed in the NECU’s press release “South Ukraine NPP unit # 2 was shut down because of unsatisfactory level of safety” irrelevant. To be more precise, we provide a quote from the NECU press release of 15.05.2015: “SNRIU didn’t extend the license to South Ukraine unit # 2 with reference to its noncompliance with nuclear safety requirements. It is recorded in the resolution of the Board of SNRIU of 30.04.2015”, “Unfortunately, Ukrainian NPPs obtain license for extended operation for no apparent reason while the necessary measures on increasing safety level have not been carried out. SNRIU, for example, extended lifetime of South Ukraine NPP unit # 1 in 2013 in the above mentioned way”.
The court sentenced the defendant to post a rebutment of the above mentioned erroneous information on their site when the verdict comes into force.
Energoatom sued NECU after half a year of futile attempts to ensure the activists of NGO NECU to disprove misleading information on NECU site.
It should be mentioned that NECU was fully informed about the ongoing situation: a representative of NECU Tetiana Verbytska as a head of SNRIU’s social council and as a nonvoting member of the Board of SNRIU was present at the Board meeting on 30.04.2015 and got to know that the Board didn’t discuss South Ukraine unit #2 obtaining a permit/license for extended operation, though a current status of activities on lifetime extension of South Ukraine unit #2 operating license was discussed. Apart from her another members of NECU including Yuriy Urbansky, the executive director of NECU, and representatives of “Green” NGO were present. Nevertheless, in their press release of 15.05.2015 NECU stated that SNRIU hadn’t extended the license to South Ukraine unit # 2.
Energoatom has provided all the necessary documents for NECU, on the basis of which the decision about extending lifetime of South Ukraine unit # 1 has been made (namely, such essential documents as Periodic Safety Review Report, Conclusion of the State Expert Review on Nuclear and Radioactive Safety, based on Periodic Safety Review Report). The given documents prove that lifetime extension of South Ukraine NPP unit # 1 is safe and that the decision about extending lifetime of unit # 1 of a competent body of state power, namely SNRIU, is legal and well grounded.
We also want to emphasize the fact that since current management of NNEGC Energoatom have taken the office there has been no legal action against NECU or media.
But Energoatom had to violate its own principles and apply to judicial system for help, as we understand the possible consequences for the image of Ukraine, prestige of the nuclear power industry, which at the given moment covers more than 60% of power needs and is a warrantor of nuclear safety.