The ACT would be vulnerable to being forced to store nuclear waste or become a nuclear power station site under a Coalition government, Chief Minister Andrew Barr has warned.
"The ACT is constitutionally at a disadvantage in relation to, for example, being made a nuclear waste site," Mr Barr said.
"The Commonwealth can just come in over the top and say nuclear waste would be stored here. They could even go so far, if any of their other sites fell over, to mandate nuclear power be generated in the territories."
The Chief Minister's comments follow the federal opposition's announcement last week it would build nuclear power stations if it won the next election.
The plan was a "dangerous fantasy" that "would cost Canberrans thousands more on their power bills - because nuclear is the most expensive way to generate power", he said last week.
Mr Barr on Monday told The Canberra Times on Monday the Northern Territory was likely more vulnerable to such a designation under a federal Coalition government.
"But it's not plugged into the to the national energy market in the way that the ACT is, so nuclear versus renewable is going to be a big debate and it is relevant in the ACT context," he said.
Federal Opposition Leader Peter Dutton last week declared a Liberal-National coalition government would build nuclear power stations at seven existing coal-fired power station sites.
None of those sites are in the ACT or the Northern Territory, however experts have expressed concerns about the suitability of some of those sites to host nuclear power stations.
State and territory laws have placed bans on nuclear power stations and waste storage, but the Commonwealth parliament has the potential to override those bans.
"Therefore, even though some states have enacted prohibitions on certain nuclear activities within their jurisdictions, the Commonwealth Parliament could enact specific legislation in relation to nuclear activities so that such activities can take place within those jurisdictions," the Parliamentary Library research paper notes.
However, such a move risks attracting a High Court challenge. This would not apply in the ACT or the Northern Territory, where the Commonwealth has the power to override territory legislation.
The ACT Liberals last week distanced themselves from Mr Dutton's announcement.
Opposition Leader Elizabeth Lee said in a statement: "Nuclear is not part of the Canberra Liberals energy policy."
The federal government has sharply criticised Mr Dutton's plan. Environment Minister Tanya Plibersek said it was "just mad".
Former Labor prime minister Paul Keating at the weekend accused Mr Dutton of being a "peddler of danger" by promoting nuclear energy.
The Smart Energy Council has estimated the plan would cost taxpayers at least $116 billion, with the figure based on information from the Commonwealth Scientific and Industrial Research Organisation's latest GenCost report.
This is equivalent to delivering 82 per cent renewables by 2030, and an almost 100 per cent renewable energy mix by 2050, including the cost of building all of the enabling transmission infrastructure, the council has said.
The Coalition has not released any costings for its plan.
