This report outlines the general characteristics of financing a nuclear power project and presents innovative approaches for power generation financing. It discusses the special conditions and requirements of nuclear power projects and their financing complexities. The availability of adequate and secure financial resources is one of the most crucial constraints in the implementation of nuclear power projects in developing countries. Possible ways and means of dealing with these constraints are presented.
This publication emphasizes how various risks -- including those typically considered to be 'engineering risks' -- will give rise to such financial risks.
The essential thesis of this article is that, as corporate and project finance trends continue in nuclear power plant financing, resulting in diversified and much broader and more complex structures of foreign investment, international investment law will become increasingly relevant to and influential upon these transactions. This in turn will spawn a new wave of disputes based in international investment law claims, before international arbitral tribunals including the ICSID. After discussing the 2011 Fukushima nuclear disaster, and the first international investment law case directly related to an investment in a nuclear power plant, the article begins in Part I by describing recent trends in the financing of nuclear power plants. These trends include a shift from almost exclusively sovereign-assumed financing cost and risk, to other financing models which increasingly access global capital markets, and spread risk among a larger and more diverse set of investors. It then proceeds in Part II to review and consider the international legal sources addressing nuclear energy development and related international trade and investment transactions, focusing on the sources of international investment law. It considers both the primary ways in which the current trends in nuclear power plant financing are making international investment law increasingly relevant to nuclear power plant related investments, as well as the secondary effect this increasing relevance will likely have upon future structuring of financing arrangements for new nuclear power plants. In Part III it provides detailed consideration of the application of international investment law to foreign investments in nuclear power plants, including areas in which host states of such investments are most likely to experience increased exposure to liability due to current financing trends. It concludes with a further consideration of the secondary effects caused by this increased host state exposure to liability, including effects on future structuring of financing arrangements for new nuclear power plants, and effects on (re)negotiations of international investment law instruments between actual or potential host states, and states that are actual or potential home states of nuclear vendors and investors.
This open access book discusses the eroding economics of nuclear power for electricity generation as well as technical, legal, and political acceptance issues. The use of nuclear power for electricity generation is still a heavily disputed issue. Aside from technical risks, safety issues, and the unsolved problem of nuclear waste disposal, the economic performance is currently a major barrier. In recent years, the costs have skyrocketed especially in the European countries and North America. At the same time, the costs of alternatives such as photovoltaics and wind power have significantly decreased. Contents History and Current Status of the World Nuclear Industry The Dramatic Decrease of the Economics of Nuclear Power Nuclear Policy in the EU The Legacy of Csernobyl and Fukushima Nuclear Waste and Decommissioning of Nuclear Power Plants Alternatives: Heading Towards Sustainable Electricity Systems Target Groups Researchers and students in the fields of political, economic and technical sciences Energy (policy) experts, nuclear energy experts and practitioners, economists, engineers, consultants, civil society organizations The Editors Prof. Dr. Reinhard Haas is University Professor of energy economics at the Institute of Energy Systems and Electric Drives at Technische Universität Wien, Austria. PD Dr. Lutz Mez is Associate Professor at the Department for Political and Social Sciences of Freie Universität Berlin, Germany. PD Dr. Amela Ajanovic is a senior researcher and lecturer at the Institute of Energy Systems and Electrical Drives at Technische Universität Wien, Austria.--
