ENERGIA ATOMICA

Decree No. 302/1979

Approve the construction, implementation and operation of four nuclear power plants.

Bs. As., 29/01/1979

VISTO, established by Decree No. 3.183/77, attentive to the general conclusions of the report submitted by the Inter-Ministerial Commission "ad-hoc", prepared during the meeting of the National Cabinet on 10 November 1978, to be constituted for the analysis of the nuclear programme prepared by the National Atomic Energy Commission, and

CONSIDERING:

That the National Executive has examined the aforementioned inteministerial report and coincides with the general conclusions of the report, which are added as an annex and an integral part of this decree.

It is therefore considered that the relevant assumptions that in a specific way materialize the nuclear programme that the Nation draws in the medium term should be made, as it relates to the points on which the Inter-Ministerial Commission of Reference has been issued.

It has been taken into account in the provisions that are conducive to the provisions of Decree 3.183/77.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 - Approve the construction, start-up and operation of four (4) 600 Mw nuclear power plants, moderate natural uranium with heavy water (which should be operational in the years 1987, 1991, 1994/5 and 1997) and their complementary facilities, including fuel cycle facilities and heavy water production facilities. The Ministry of Economic Affairs (Secretariat of State of Energy) will coordinate with the National Atomic Energy Commission the places of the national territory where such centres will be replaced.

Art. 2o - Authorize the National Atomic Energy Commission to enter into final treatments for the construction of the third nuclear power plant in the framework of reference of four (4) nuclear power plants and complementary facilities mentioned in Article 1 above, which will be erected on land adjacent to the place where the first centre was installed and within the characteristics, type of contractual structure and suppliers, cited in the general conclusions of the report of the Interministerial Ad Hoc Commission. The selected offers should be, in each case, elevated to the approval of the National Executive.

Art. 3o - The Ministry of Economy and the National Atomic Energy Commission shall coordinate the measures relevant to the economic-financial coverage of the nuclear programme referred to in this decree. They will also submit to the consideration of the national executive branch a regime for the promotion of the nuclear industry that would facilitate a progressive increase in national participation at a reasonable total cost of that programme.

Art. 4o - The Ministry of the Economy (Secretariat of State for Mining), will raise a bill by amending Articles 15 and 27 of Decree-Law No. 22.477/56, so that they can conform to the general conclusions of the report of the Interministerial Commission "ad-hoc".

Art. 5o - The National Atomic Energy Commission will submit to the consideration of the national executive branch a draft decree proposing the necessary methodology for the implementation of the national uranium policy based on the general conclusions of the report of the "ad hoc" Commission. The project should include, in addition to other reserves deemed relevant, the quantities of uranium - updated annually - necessary to ensure the supply of the nuclear programme, covering the useful life (30) years of all nuclear power plants in operation, construction, project and planning.

Art. 6th - The National Atomic Energy Commission shall, in the shortest possible time, elevate to the National Executive the bills by establishing special regimes for the construction of the third nuclear power plant, and in due course for the rest of the nuclear programme facilities referred to in Article 1 of the present decree.

Art. 7o - Be "very urgent" in the study of the proposals made by the National Atomic Energy Commission, pursuant to Article 3 of Decree No. 3.183/77, aimed at providing it with the operational flexibility that would allow the harmonious development of the nuclear programme referred to in this Decree. The General Secretariat of the Presidency of the Nation shall take appropriate coordination measures for the effective implementation of this provision.

Art. 8o - The general conclusions of the "ad hoc" Inter-Ministerial Commission for the analysis of the Nuclear Programme prepared by the National Atomic Energy Commission are annexed to the present decree.

Art. 9o - Contact, post, give to the National Directorate of the Official Register and archvese.



From the point of view of the National Development and in accordance with the Government ' s Basic Purpose and Objectives of the National Reorganization Process and other political goals, the implementation of the Nuclear Plan is a priority national objective in that it will contribute to the scientific-technical development, to meet the present demand for electricity, to strengthen the national decision-making capacity, to increase the prestige of our country, to the saving of oil and to improve the training of the personnel and the intensive infrastructure required to produce the next century

Therefore, and on the basis of the technical, economic and financial studies carried out, the Inter-Ministerial Commission "ad hoc" for the analysis of the nuclear plan has reached the following general conclusions:

(a) To recommend the adoption of the nuclear plan consisting of four (4) nuclear power stations of 600 MWe each (the first of them coming into service in 1987, and the remaining ones in 1991, 1994/5 and 1997) plus the fuel cycle facilities and those related to the manufacture of heavy water.

(b) To recommend approval of the proposal of the National Atomic Energy Commission to be authorized to make a final bid between AECL, CANATOME/GEC, NIRA and KWU companies, in order to later recommend to the National Executive that it consider most favorable to the interests of the country. The list of companies could be expanded if the National Atomic Energy Commission considered another possibility.

(c) To recommend to the National Atomic Energy Commission the operational facilities to enable it to adequately meet the nuclear objectives and policies established by Decree No. 3.183/77, by enacting the relevant legal instruments, prior to the final recruitment of the third Argentine nuclear power plant.

(d) To recommend that the Ministry of Economics and the National Atomic Energy Commission analyse and give consideration to the National Executive a regime for the promotion of the national nuclear industry that would facilitate a progressive increase in their participation at a reasonable cost of the programme.

(e) Recommend that the policy on uranium to be adopted be based on the following principles.

1. Condition decision-making on the exploration and exploitation of uranial minerals that may involve exports of nuclear materials to considerations of a political and strategic nature.

2. Adopt as a criterion for establishing the quantities of uranium as certified reserves that the country needs to ensure the supply of the nuclear programme, determined by the requirements for service life (30 years) of all nuclear power plants in operation, construction, project or planning.

These requirements should be updated annually.

3. Ratify the policy adopted by the National Atomic Energy Commission to transfer to private companies, mining-industrial activities such as those of the Sierra Pintada mining-fabril complex, the National Atomic Energy Commission being the only buyer of the final product.

4. To resort to the development and exploitation of areas of uranial interest to the participation of third parties in a gradual way through a plan to be prepared by the National Atomic Energy Commission for approval by the National Executive Branch, which avoids committing in the first years of its implementation an important amount of the total of the potential reserves.

5. Authorize the National Atomic Energy Commission, within the general guidelines set out above, to consider offers for the implementation of third-party participation in accordance with the guidelines of the following recommendation, concluding operations that will ensure the country a positive access to relevant nuclear technology, necessary to implement the nuclear plan as a whole, giving priority to the realization of bilateral agreements. Such operations could also be concluded to obtain concrete benefits in other key areas for the interests of the Nation if the nuclear plan was not compromised and thus expressly determined by the National Executive.

6. Establish the following conditions as the basic requirements for recruitment under recommendation 5;

- that the mining risk of exploration be taken into account by potential contractors;

- that in the event of the discovery of a deposit of uranium of economic value the National Atomic Energy Commission will be incorporated into the Association that will exploit it;

- that the export of a percentage not greater than 25 percent of the new production is authorized to generate. This percentage shall be set in each case taking into account the needs of the domestic market or the formation of a national stock in accordance with recommendation 2;

- that recruitments are strictly carried out on areas where there are no reserved discoveries or that are reserved for direct development by the National Atomic Energy Commission subject to the legal regime of nuclear minerals, and that any contract that involves the possibility of export includes a safeguards clause that guarantees the destination of exports.

7. Submit the contracting regime and eventual exports to the approval of the National Executive.

8. To agree with the National Atomic Energy Commission on the corresponding operating facilities, in both general and private aspects, including the adoption of the amendment to Article 15 of Decree-Law No. 22.477/56, which was already raised with a favourable opinion by the Ministry of National Defence and the Ministry of State of Mining.

9. Precise the text of Article 27 of Decree-Law No. 22.477/56 for approval of uranium exports by the National Executive Branch to refer to each contract and not to each item to be dispatched.