Legal Mechanisms Influencing the Scalability (Measurability) of Nuclear Liability Risk for Operators within the Polish Legal Framework

The liability risk for nuclear damage in the economic activity of nuclear power plant operation is a significant and costly risk that must be considered, even though the probability of its occurrence is very low. However, it is undoubtedly a significant factor influencing the decision to carry out this type of activity, significantly affecting its costs and, ultimately, the cost of the electricity produced. Liability for nuclear damage is one of the most far-reaching liability regimes in Polish law. The entire set of mandatory regulations at both the statutory and conventional levels influences the delineation of risk boundaries. In addition, there are optional legal tools that allow operators to further mitigate risks. The aim of this paper is to analyze selected legal institutions that positively impact the measurability of risk from the operator’s point of view. Based on the arguments presented, this article demonstrates how selected mechanisms specific to the nuclear damage liability regime, along with other optional instruments, positively impact the operator’s ability to define risk boundaries. This paper argues that the Polish legal order contains mechanisms that allow for the scaling of this risk—even though this liability is generally considered absolute, it is not unlimited. The paper also formulates de lege ferenda postulates to improve and clarify the legal situation of the operator, particularly regarding nuclear damage claims regulations.