Deep repositories: framework for negotiated remunerations

Where should radioactive waste be safely disposed of? This problem is not finally solved anywhere in the world. We also produce waste that emits radiation for a very long time. According to the Swiss Nuclear Energy Act, this waste must be disposed of in Switzerland. The long-term protection of people and the environment must be safeguarded.

Since deep geological repositories are regarded as the safest solution for radioactive waste according to current knowledge, this type of disposal is required. The costs for this disposal must be borne in large part by the operators of nuclear facilities and also by the federal government, which is responsible for waste from medicine, industry and research.

Repositories are unpopular – you have to negotiate

Radioactive waste arouses fear, which is why there is also resistance to the possible locations of such deep repositories. This is a dilemma: legislation requires deep repositories, but most people don’t want them on their own land.

The locations should be selected exclusively in terms of security, but there is also the political and social will to compensate the locations financially for their contribution to this important task. For various reasons, however, no legal basis exists for this – payments must thus be made on a voluntary basis. The Federal Council relies on negotiations between nuclear power plant operators and the siting cantons and regions.

In order to facilitate and prepare these negotiations, the Swiss Federal Office of Energy mandated our Chair of Negotiation and Conflict Management (NECOM) to develop a framework for this negotiation process.

Simple questions can become problems

We understand negotiation as a free exchange between two or more parties with the aim of reaching a joint agreement. There is no legal obligation to negotiate and no higher authority that can decide in the event of disagreement. In view of the overall situation, it is better for all parties to find a solution than to fail in the negotiations.

To set the framework for successful negotiations, the most important questions need to be clarified: What is the subject of the negotiations? Who are the negotiating parties? When should negotiations begin and how should they be organised? When is an agreement reached? These points may appear simple, but they can caused great difficulties.

Negotiating about negotiations

As the negotiations are voluntary, the negotiating framework put forward will only have value if it is supported and accepted by all parties. This made the preparation of the negotiating framework itself a negotiation. Our role was therefore not to make the best proposal independent of the sensitivities of the parties, but rather use negotiation theory to draw up the rules of the game to which all parties would agree in the end.

This process corresponded to what we call a multilateral negotiation – with all its challenges and difficulties. It was important to maintain close contact with all involved parties throughout the entire process, to communicate from a neutral position and to always be ready with new ideas. Often a new good idea can resolve a seemingly deadlocked situation.

An example of this is the role of the German regions in the negotiation process; their participation was at first controversial. We proposed the inclusion of the neighbouring German municipalities through an additional seat in the delegation of the Swiss municipalities. As this did not reduce the number of seats of the Swiss municipalities, the proposal was ultimately accepted by all those involved.

Paving the way

In the end, a negotiating framework was adopted by all parties involved; 20 people signed the document on 22 September, which means that the negotiations can be started in due course. The process has also contributed to the creation of a basis for dialogue and trust between the parties concerned – an essential prerequisite for the solution of such a task of national importance.

Michael Ambühl wrote this post with Tobias Langenegger.