The Council of Ministers adopted on Tuesday, 10 November, a draft amendment to the nuclear special act intended to speed up preparations for building Poland’s first nuclear power plant. Among other things, it provides for location decisions with no expiry date and the option to submit some documents in English.
The draft act amending the act on the preparation and implementation of investments in nuclear power facilities and accompanying investments (designated UD382) was prepared by the government plenipotentiary for strategic energy infrastructure. Government spokesman Adam Szłapka told a press conference that there would be “simpler regulations designed to speed up preparations for building Poland’s first nuclear power plant”.
Location decisions without a 10-year limit
The most important change concerns decisions establishing the location of a nuclear investment. Today they are issued for a fixed period of no more than 10 years. According to the Ministry of Energy, the new rules will introduce decisions issued for an indefinite period, which is meant to eliminate doubts about the consequences of the validity period expiring.
The draft also simplifies the rules for obtaining rights to real estate: the way an investor acquires perpetual usufruct rights is to be harmonised with solutions used in other investment special acts.
Documents in English and access to documentation
An investor, subject to an opinion or consent from the President of the State Atomic Energy Agency (PAA), will be able to submit selected documents in English in proceedings concerning permits for activities involving nuclear facilities. The draft also clarifies the rules for the participation of parties and social organisations in permit proceedings, and regulates access to documentation containing sensitive technical information, including reports from safety analyses.
Parties to investment contracts will be able to specify the exclusive grounds and consequences of withdrawing from a contract, while subcontractors are to gain greater protection against non-payment for construction works.
Financing schedule for PEJ
The amendment changes the schedule of public support for the company Polskie Elektrownie Jądrowe (PEJ) and provides for lowering the budget spending limit for this purpose in 2026. Previously, the act granted the company support of up to PLN 60.2 billion for the years 2025–2030.
Energy Minister Miłosz Motyka, quoted in the statement issued after the government meeting, said: “Building Poland’s first nuclear power plant is an undertaking of enormous scale and complexity. That is why we are consistently adapting the regulations to the specifics of nuclear investments”.
Earlier stages
This is not the first amendment to the special act this year. Another draft, adopted by the government on 24 March and sent to the Sejm on 30 March, allowed preliminary construction works and phasing of the investment, which according to the government could shorten its implementation by up to two years. The current draft was placed on the government’s agenda on 9 November, and earlier, on 8 October, it was approved by the Standing Committee of the Council of Ministers. We have written about key steps in building the first power plant, including after the signing of the key power plant contract.
The draft will now go to parliament. Works critical to safety are still to require the consent of the PAA President. The power plant is to be built in Pomerania.
