Nuclear Activity Law N 24,804 - Regulation - Updated Text Of The Norm

Original Language Title: ACTIVIDAD NUCLEAR LEY N 24.804 - REGLAMENTACION - Texto actualizado de la norma

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ACTIVITY NUCLEAR Decree 1390/98 Adopt the Regulation of Law No. 24,804. Bs. As., 27/11/98

VISTO Issue No. 750-001539/98 of the Register of MINISTERY OF ECONOMY AND PUBLIC SERVICES and the provisions of Law No. 23,696, its Rule Decree No. 1,105 of 20 October 1989, and Laws No. 15,336, No. 24,065 and No. 24,804, and

CONSIDERING:

It is necessary to regulate various aspects of Law No. 24,804 in order to determine their scope, to define procedures that facilitate their application and to give effect to the functioning of the emerging institutions of this legal framework.

That, in order to comply with Article 6 (d) of Law No. 24,804, it is necessary to define the percentage of income from the sale of electricity generated by the nuclear power plants in order to determine the amount of the canon for Research and Development to pay its operator to the NATIONAL COMMISSION OF ATOMICA ENERGIA, a decentralized agency, under the PRESIDENCE OF THE

That, in turn, Law No. 24,804 has defined the specific roles of the Public Sector and the Private Sector in nuclear matters, and on the basis of this it has declared to be subject to privatization all productive activity, which currently develops the NATIONAL STATE in the Nuclear Sector: nuclear fuel cycle for nuclear generation at the industrial or research scale, the production and applications of radioisotope and radiostation, and the generation of nuclear operation.

That, for the purpose of playing the role assigned to the Public Sector, a REGULATORY AUTHORITY was created NUCLEAR under the jurisdiction of the NATIONAL PRESIDENCE, as a successor to the NATIONAL REGULAR NUCLEAR ENTER, assigning it the role of regulation and control in all matters relating to radiological and nuclear safety, physical protection and control of the use of nuclear materials, licensing and control of nuclear facilities and international safeguards.

That, in turn, the role of research and development in nuclear matters was granted, as well as the development of functions taxatively enumerated by the specific law to the NATIONAL COMMISSION OF ATICA ENERGIA, a decentralized agency, under the NATIONAL PRESIDENCE.

That the nuclear regulatory framework as well as the state entity responsible for its regulation and control have been declared subject to privatization the activity of nucleoelectric generation, and that of the direction and execution of the work of nuclear power plants that develops the NUCLEAR ARGENTINA OF ELECTRIC CENTRALES SOCIEDAD ANONIMA (ENACE S.A.), corresponds its immediate execution.

That, having the Extraordinary Assembly of Shareholders of December 12, 1996, declared in liquidation to the NUCLEAR ARGENTINA EMPRESS OF ELECTRIC ELECTRICAS SOCIEDAD ANONIMA (ENACE S.A.) for the expiration of the period of statutory validity, it is only possible to proceed to privatize the activity of nucleoelectric generation under Article 34 of Law 24,804.

That, due to the characteristics of such activity declared subject to privatization and the precedents that exist in the Electrical Sector, it is advisable to adopt as a modality of privatization of the activity of nucleoelectric generation linked to the business unit that is integrated with the nuclear plants Atucha I, Atucha II and Embalse currently in charge of NUCLEOELECTRICA ARGENTINA SONUEDAD ANONIMA (

That, pursuant to Article 35 of Law No. 24,804 and Chapter III of Law No. 23,696, an affectation of a minority percentage of the shareholder of such a concessionary company to the Participated Property Programme has been foreseen, setting time limits for its realization and implementation.

That the nucleoelectric generation, unlike that of conventional thermal origin, is subject to the granting of licences by the NUCLEAR REGULATORY AUTHORITY, in the jurisdiction of the NATION PRESIDENCE, based on radiological and nuclear safety and not on the economic regulation of the activity, should be adapted to that criterion the content of these regulations.

That NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NUCLEOELECTRICA ARGENTINA S.A.) is the entity responsible for the licenses of operation and/or construction of the Atucha I, Atucha II and Embalse Nuclear Power Plants, corresponding to the transfer of such condition to the society that is constituted with the purpose of privatizing the activity of nucleoeléc.

In turn, and given the characteristics of such nucleoelectric generation activity, it is essential to define fundamental aspects such as the Trust Fund for the Management of Media and High Activity Wastes of the Atucha I Nuclear Power Plant, the Embalse Nuclear Power Plant and the Atucha II Nuclear Power Plant and the Service Retirement Trust Funds of each nuclear power plant designed to ensure that the community is adequately covered.

That the exploitation of a nuclear power plant that causes the largest volume of radioactive waste in relation to any other waste-generating activity of this kind is necessary to form a specific fund that is integrated with the contributions of the operator, differentiating its treatment of the one applicable to other radioactive waste generators.

To this end, it is appropriate to classify the type of waste and its safe management system, so that it is necessary to define the conditions under which nuclear power plants will be delivered at the end of their useful life to the NATIONAL COMMISSION OF ATOMICA ENERGIA, a decentralised body, dependent on the NATIONAL PRESIDENCE, including the state of storage and treatment of radioactive waste generated by them.

That, in order to ensure the termination of the Atucha II Nuclear Power Plant, it may be appropriate to transfer, to the society that is constituted in order to privatize the nucleoelectric generation activity, the use of the remaining funds to be disbursed, from the Loans that for that purpose were granted to the NATIONAL COMMISSION OF ATOMIC ENERGY, the decentralized agency,

Constituting this mode of privatization a business reorganization that operates within the heritage of the NATIONAL STATE, which does not have profits, it is necessary to implement measures such as the remission of the tax credits that affect it, as well as to exempt the instruments that it is necessary to elaborate for that purpose the provisions of Article 2 of the Decree No. 114 of 29 January 1993, with the aim of avoiding any fiscal impact on this process.

That the General Directorate of Humanitarian Affairs of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS has had the intervention that belongs to him.

That the NATIONAL EXECUTIVE POWER is entitled to issue this act under the provisions of Act No. 23,696, by Act No. 24,065, by Article 114 of Law No. 24,156, by Article 59 of the Law on the Taxation of Seas (T. 1986), by section 1 and by section 2 (c) of the Law No. 667 and by Articles 765 and No. 771,

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

CHAPTER I.- LEY No. 24,804. VARIOUS ASPECTS.

Article 1 Approve the "Regulation of the National Act on Nuclear Activity No. 24,804" as Annex I is an integral part of this decree. Art. 2o.- (First paragraph derogated from article 5 of the Decree No. 1760/2009 B.O. 19/11/2009)

AGENCY ARGENTINA SOCIEDAD ANSAONIMA (GENUAR S.A.), a society that is constituted by Article 4 of this act, from its privatization understood in the terms defined in the preceding paragraph, shall pay to the NATIONAL COMMISSION OF ENERGIA ATOMICA, a decentralized organism, dependent on the NATIONAL PRESIDENCE,

Art. 3. The canon of Research and Development established in Article 6 (d) of Law No. 24,804 shall be integrated, from the transfer to the Private Sector of the majority package of actions of NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.), with the amounts taken by the operator established in the second paragraph of the preceding article.

CHAPTER II.- PRIVATIZATION

Art. 4o .- For the purpose of the privatization of the nucleoelectric generation activity by NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NUCLEOELECTRICA ARGENTINA S.A.), the constitution of GENERA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.). Art. 5o.- Please refer to the SECRETARIAT OF ENERGY of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES to approve the Societal Statutes of NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.), which should be framed in the provisions of Act No. 24,804. Art. 6o.- Determine that the Society whose constitution is authorized by this act shall be governed by this decree, by its respective Statutes and as provided for in Chapter II, Section V, Articles 163 to 307 and in accordance with Law No. 19,550 (t. 1984).

Until the Private Sector is transferred the percentage of the package of shares that are tendered from the aforementioned society, the NATIONAL AND NUEVE BY SCIENT (99%) of the total shareholder will correspond to the NATIONAL STATE and UNO BY SCIENTO (1%) to NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NUCLEOELECTRICA ARG). The SECRETARIAT OF ENERGY of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES will be the holder of the actions of ownership of the NATIONAL STATE and will exercise the corresponding corporate rights.

Please, for the purposes set out in the preceding paragraph, that the transfer to the Private Sector shall be operated at the time when, who is the recipient of the actions subject to the bidding process to be carried out for the purpose of the privatization of the nucleoelectric generation activity linked to the society whose constitution is provided by the present decree, has carried out the acts established by the corresponding Pliego of Bases and Conditions.

Art. 7o.- Ordenase the protocolization of the constitutive record and of the statutes of GENERA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.), as well as of any action that is necessary to elevate to public writing for the purposes of registration, through the general ESCRIBANIA OF GOVERNMENT OF NATION, without imposing any erogation.

Please refer to Mr. SECRETARY for ENERGY of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES and Mr. President of NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NUCLEOELECTRICA ARGENTINA S.A.) and/or the officials who designate, to sign the corresponding public writings and

Art. 8o.- Please refer to the respective registration before the General INSPECTION OF JUSTICE and other relevant Public Records, in order to accompany the publication of this act in the Official Gazette to the article 10 of Law No. 19.550 (t. 1984).

To this end, the SECRETARY of ENERGY of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES and the President of NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NUCLEOELECTRICA ARGENTINA S.A.) and/or the people they designate.

Art. 9o.- The Board of Directors and the Syndicature of the Society authorized by this act, until the transfer to the Private Sector of the percentage of the tendered share of the share of the shareholder will be unipersonal, appointing UN (1) holder and UN (1) alternate. The Directory of NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) will be composed by the President and by the Vice-President of NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NUCLEOELECTRICA ARGENTINA S.A.) as titular and alternate members, respectively, who are exempt from the provision of Article 256. The members of the union shall be appointed by the General SINDICATURA OF NATION. Art. 10. ! The Directors and Trustees designated for the period and in the manner defined in the preceding article, shall continue to be given as the only remuneration, which at the time of their appointment is appropriate for their status as public officials, in accordance with Act No. 22.790. Art. 11.- Determine that the development of the nucleoelectric generation activity linked to the Atucha I, Atucha II and Embalse nuclear power plants currently under the responsibility of NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NUCLEOELECTRICA ARGENTINA S.A.) integrates a single business unit that covers inescindible completion of the Nuclear Central. Art. 12.- See ENERGY SECRETARIAT for ECONOMY MINISTERY PUBLICS to determine the assets, liabilities, personnel and contracts of NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NUCLEOELECTRICA ARGENTINA S.A.) that correspond to the business unit referred to in the previous article and to arrange their transfer to GENERADORA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A). Art. 13.- See ENERGY SECRETARIAT for ECONOMY MINISTERY PUBLICS to establish according to the value of the economic supply that is pre-adjudiced in the execution of the present privatization, the amount of the increase of corporate capital of GENERADORA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.). Art. 14.- Please refer to the ENERGY SECRETARIAT of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES to grant NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.):

(a) The granting of the use of goods belonging to Atucha I, Atucha II and Embalse Nuclear Power Stations. Such a concession shall cover all goods which, as an indivisible technical unit, constitute each such nuclear power plant, and

(b) a concession to ensure the termination of the Atucha II Nuclear Power Station in the terms of Article 34 of Law No. 24,804 and its Rules of Procedure.

Art. 15.- La SECRETARIAT OF ENERGY OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES shall be the Authority of Application and shall administer the concession contracts authorized by subparagraphs (a) and (b) of the preceding article. Art. 16.- The residual functions that remain in NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NUCLEOELECTRICA ARGENTINA S.A.) whose development is directly linked to the privatization carried out by this act may be assumed by the SECRETARIAT OF ENERGIA of the MINISTERIO DE ECONOMIA and ARTS AND PUBLIC SERVICES. Art. 17.- Include to MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to make the call to contest or tender, to prepare and subscribe all the documents that are necessary for the purpose of the privatization of the nucleoelectric generation activity by NUCLEOELECTRICA ARGENTINA SOCIEDAD ANON (NUCLEOELECTRICA ARGENTINA S.AGEN) and, in particular, to apply to the Ministry of Foreign Affairs

MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS shall be for the purpose of administering the privatization process referred to in the preceding paragraph by a Privatizing Committee which shall be composed of CINCO (5) members, UNO (1) representing the NATIONAL COMMISSION OF ATOMICAL ENERGY, UNO (1) by the NUCLEAR REGULATORY, UNO (1) by NUCLEOELECTRIC ARGENTINA SOCIED

Art. 18.- Please refer to the MINISTERY OF ECONOMY AND PUBLIC ARTWS AND SERVICES to exercise the powers defined in Article 15 of Law No. 23,696, and 12, for the purpose of better implementation of the privatization modalities provided for in this Decree. Art. 19.- Explain to NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) the payment of registration fees, fees and charges applicable to its constitution, the initial contribution and the increase of capital resulting from Article 13 above. Art. 20. Explain the Seal Tax established by Article 2 of Decree No. 114 of 29 January 1993 to the formalization of public deeds by which the domain of property is transferred on the basis of privatization and the concessions provided for in this decree. Art. 21.- Determine that the corporate reorganization approved by this act lacks fiscal interest and provides for the referral of tax credits of any origin or nature of which official agencies are responsible against the company NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NUCLEOELECTRICA ARGENTINA S.A.) and GENERADORA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.), originated in facts, acts or operations that occurred on the basis of the transfers that are carried out as a result of the reorganization set forth in the present decree until the moment

Include to MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to determine the scope of the provisions of the preceding paragraph.

Art. 22.- Determine that the DIEZ BY CIENTO (10%) of the share capital of GENERA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) will be subject to the Participated Property Regime and that can be acquired, exclusively, the personnel of NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NUCLEOELECTRIC Art. 23.- Note for the implementation of the Participated Property Program among the employees of GENERADORA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) that meet at the time of privatization the requirements of Article 22 of the Law No. 23.696, a maximum period of SCIENTA (180) days, to count from the transfer to the Private Sector of the actions of GENERRGADOR NEAR Acquiring employees who have opted to join the Participated Property Program shall sign within the specified time limit, the respective General Transfer Agreement in which the actions corresponding to the Program, representative of the TEN FOR SCIENTO (10%) of the social capital of GENERA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.). Art. 24.- The time limit for accession to the Participated Property Programme by those who are entitled to do so in the terms of the preceding article shall be CIENTO VEINTE (120) days, from the time that it defines the last paragraph of Article 6 of this act. Art. 25.- Transfer to GENERADOR NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.), from the transfer to the Private Sector of the majority package of shares of that society, the status of entity responsible for the operating licenses of the Atucha I and Embalse Nuclear Power Plants and the construction license of the Atucha II Nuclear Power Plant, currently corresponding to NUCLELECTINE. Art. 26.- Please refer to the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES to transfer to GENERADOR NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) the use of remaining funds to be disbursed from Préstamus No. F 2.291 to be approved by Decree No. 1.697 of 23 September 1 and Supplement No. 3 to Prémo No. 1,574 of 4 August 1980, both for the same purpose as that established for granting it.

The Ministry shall, to implement the transfer referred to in the preceding paragraph, define the modalities of use of the Loan, the form and method of control prior to each disbursement in order to ensure its proper use and transfer to GENERADORA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) the obligation to pay the capital, interests, accessories and expenses corresponding to the funds that are subject to the transfer.

CHAPTER III - CONSTITUTION OF FUNDS

Art. 27.- Constituen el FONDO FIDUCIARIO para RETIRO de SERVICIO de la CENTRAL NUCLEAR ATUCHA I, el FONDO FIDUCIARIO para RETIRO de SERVICIO de la CENTRAL NUCLEAR ATUCHA II, y el FONDO FIDUCIARIO para RETIRO de SERVICIO de la CENTRAL NUCLEAR EMBALSE to finance the Retreat of Service of each nuclear plant under the conditions provided for in this decree.

See ENERGY SECRETARIAT for ECONOMY MINISTERY PUBLICS to approve the respective trust contracts to be signed between the NATIONAL STATE and the NATIONAL BANK. Such contracts shall be in conformity with the guidelines set out in the present decree, being entitled to subscription, on behalf of the NATIONAL STATE, the SECRETARY-GENERAL of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS or the staff member determined by it.

Art. 28.- Form the FIDUCARY FUND FOR THE GESTION OF MEDIA RESIDUES AND THE ACTIVITY OF NUCLEARES ATUCHA I, EMBALSE AND ATUCHA II NATIONAL CENTRIALS, aimed at ensuring the availability of adequate resources for the NATIONAL COMMISSION ON ENERGY ATOMICA decentralised agency, dependent on the NATION PRESIDENCE, aphrodite, at the time when necessary, the expenses and investments for the management of the wastes of medium and high activity from the Atucha I, Embalse and Atucha II Nuclear Power Plants exclusively.

This fund represents the economic contribution by GENERADORA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) for the management of medium and high wastes by the NATIONAL COMMISSION OF ATOMICA ENERGIA, a decentralised organism, dependent on the NATIONAL PRESIDENCE, includes the costs of the disposal of the wastes and does not cover the amount of the waste.

See ENERGY SECRETARIAT for ECONOMY MINISTERY PUBLICS to approve the trust contract to subscribe between the NATIONAL STATE and the NATIONAL BANK. This contract shall be in conformity with the guidelines set out in the present decree, being entitled to subscription, on behalf of the NATIONAL STATE, the SECRETARY-GENERAL of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS or the staff member determined by it.

Art. 29.- The total amount to be integrated into the NUCLEAR CENTRAL ATUCHA I FIDUCIARY FUND for NUCLEAR CENTRAL SERVICE SERVICE SERVICE OF THE NUCLEAR CENTRAL ATUCHA II, and the FIDUCIARY FUND FOR SERVICE OF THE NUCLEAR CENTRAL EMBALLER

To the effect only of the preceding paragraph, the following values are determined:

(a) For the Atucha I Nuclear Central, the expected cost to constant currency of Service Retreat is NOVENT SCIENTIFIC DOLARES and NEW MILLONES (U$ 199,000.000) and their expected and unsuccessful life as at 31 December 2,015.

(b) For the Atucha II Nuclear Power Station, the expected cost of constant currency of Service Retreat is DOSCIENTS DIECISEIS MILLONES (U$ 216,000.000) and its expected and unsecured service life as at 31 December 2,042;

(c) For the Embalse Nuclear Central, the expected cost to constant currency of Service Retirement is DOSCIENTS TREINTA AND OCHO MILLONES (U$ 238,000.000) and its expected and unsuccessful life as at 31 December 2,035.

Art. 30.- The annual contribution to the FONDO FIDUCIARIO for the SERVICE OF THE NUCLEAR CENTRAL ATUCHA I, to the FONDO FIDUCIARIO FOR THE SERVICE OF THE NUCLEAR CENTRAL ATUCHA II, and to the FIDUCIARY FUND FOR THE SERVICE OF THE NUCLEAR CENTRAL

(a) For the nuclear power plant Atucha I, it is from DOLARES STADOUNIDENS DOS MILLONES SEISCIENTA NUEVE MIL CINCUENTA AND SIETE ($S 2,609,057).

(b) For the nuclear power plant Atucha II, it is from DOLARES STATEUNIDENSES OCHOCIENTS CINCUENTA AND A MIL CIENTA AND CUATRO (U$S 851.194).

(c) For the Embalse nuclear power plant, it is from DOLARES STADOUNIDENSES A MILLON CINCUENTA AND SIETE MIL SETECIENTS VEINTICINCO (U$S 1.057.725).

Art. 31.- The annual contribution to the integration of the FONDO FIDUCIARIO FOR THE GESTION OF MEDIA RESIDUES AND ALTA ACTIVITY OF NUCLEARES ATUCHA I, EMBALSE AND ATUCHA II CENTRALS by GENERA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) is determined in UNO BY SCIENTO (1%) annual revenues from the sale of electricity generated by nuclear power plants under its exploitation, valued at the price Spot of the corresponding node of the ELECTRIC MERCADO MAYORISTA, being this and which may eventually result by application of Article 38 of this act, the only obligations of economic nature required to GENERADORA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S). Art. 32.- GENERA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) is obliged to contribute to the FIDUCIARY FUND FOR NUCLEAR CENTRAL SERVICE ATUCHA II from the moment it is recognized as the entity responsible for the operating licence of the plant by the NUCLEAR REGULATORY, in the jurisdiction of the NATIONAL PRESIDENCE, and the remaining Funds that are constituted by the present act, beginning on 1 January of the immediate year following the start of its management of the exploitation of the Atucha I and Embalse Nuclear Power Plants is carried out as a result of privatization.

The obligation of NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) to contribute to each of the Funds constituted by the present act ceases exclusively in case of extinction due to the Consignor of the contract of granting the use of nuclear goods referred to in Article 14 (a) of this act.

Art. 33.- GENERA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) must integrate, within the TREINTA (30) days of the transfer of the share of that company to the Private Sector as a result of the privatization that is carried out by the present act, the sum of DOLARES ESTADOUNIDENSES DIEZ MILLONES (U$S 10,000.000) for the integration of the Art. 34.- Constituense con la suma explicitada en el artículo anteriores el FONDO FIDUCIARIO para COBERTURA DE INTEGRACION DE LOS APORTS A los FONDOS FIDUCIARIOS DE SERVICES A CARGO DE GENERADORA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) para darcover de integración de cada uno de los Fondos de los

The Fund referred to in the preceding paragraph shall be used only when the obligation to pay the above-mentioned Funds is not fully integrated into the following cases:

(a) When a nuclear power plant is withdrawn in an unforeseen manner, until it is integrated into the missing amount to reach the future value to constant currency, referred to in Article 29 of this decree, of the Trust Fund for the Retirement of Service of that unit, or

(b) by termination of the granting of use of nuclear goods on the basis of the concessionaire, to integrate the missing amount in order to achieve the future value to constant currency, referred to in Article 29 of this decree, of or of the Trust Funds for the Retirement of Service for nuclear power plants affected by termination.

The amount accumulated in the FONDO FIDUCIARIO TO COBERT OF INTEGRATION OF APORTS TO THE FIDUCIARY FUNDS OF SERVICE TO NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) that has not been used in the fulfilment of the object for which it is created will be reintegrated into the object for which it is created.

See ENERGY SECRETARIAT for ECONOMY MINISTERY PUBLICS to approve the trust contract to subscribe between the NATIONAL STATE and the NATIONAL BANK. This contract shall be in conformity with the guidelines set out in the present decree, being entitled to subscription, on behalf of the NATIONAL STATE, the SECRETARY-GENERAL of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS or the staff member determined by it.

Art. 35.- La ENERGY SECRETARIAT OF ECONOMY MINISTERY AND SERVICES PUBLICOS will perform an automatic adjustment each year in the calculation of the annual contribution referred to in Article 30 above to each Service Retirement Trust Fund, depending on the evolution of the last DOCE (12) months of the "Producer Price Index" that publishes monthly the "Bureau of Labor Statistics of the United States Department of Labor" counted up to the second month prior to the time the adjustment is made. Art. 36.- Each three (3) years a Commission composed of the NUCLEAR REGULATORY AUTHORITY, within the jurisdiction of the NATIONAL PRESIDENCE, the NATIONAL COMMISSION OF ENERGY ATUOMICA, a decentralised body, dependent on the NATIONAL PRESIDENCE, and NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) will carry out a review of the annual contribution necessary for the Retirement of Service of each nuclear plant and for the management of wastes of medium and high activity, considering for this the variation of the original amount according to the interests produced The intervention of the NUCLEAR REGULAR AUTHORITY, within the jurisdiction of the NATIONAL PRESIDENCE, shall be carried out only to ensure that the modifications to be introduced are in accordance with regulatory standards.

The Commission referred to in the preceding paragraph may also be convened by any of its members when this is necessary for the treatment of an issue of its competence.

Art. 37.- The Commission referred to in the preceding article may only resolve modifications, in more or less, on the annual contribution necessary for the withdrawal of services from each nuclear power plant and on the contribution to the Media and High Activity Waste Management Fund referred to in Articles 29 and 31 of this act, unanimously. Otherwise, the SECRETARIAT OF ENERGIA of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS, according to the report produced by the Commission, will determine whether it is appropriate to consider new values in the variables to be analyzed in the triannual review of each of these funds.

The modification of the amount of the contribution of one or another Fund, which is resolved in the manner described in the preceding paragraph, shall be applicable from the immediate year following that of the triannual review.

Art. 38.- The Commission, which mentions Article 36 of this act, shall evaluate the volume of waste generated by each nuclear power plant for the purpose of determining whether there has been an increase in volume during some period of the triannual period attributable to an incorrect operation of the operator. To this end, the NUCLEAR REGULATORY AUTHORITY, within the jurisdiction of the NATIONAL RESIDENCE, should take into account whether the recorded volumes respond to historical records and assess whether the increase responds to the requirements of the Central Operation Manual.

The Commission shall, on the basis of the increase in volume attributable to the incorrect operation of the operator, the activity and the presence of the actinides determine, by applying the procedure set out in the preceding article, the increase in the annual quota of the FIDUCT FUND FOR THE RESIDUTION OF MEASURES AND TO THE ACTIVITY OF THE NUCLEAR CENTAL CENTRAL

Art. 39.- GENERA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) must report to the NATIONAL COMMISSION ON ATOMIC ENERGY to the REGULATORY AUTHORITY NUCLEAR, both decentralized agencies dependent on the NATION PRESIDENCE, and the SECRETARIAT OF ENERGY of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS the date of the withdrawal of service from the nuclear power plants in its charge, if it were prior to that which is deemed to be for such a centre in accordance with Article 29 of this act, in order to determine the increase in the annual fee to be provided to the Trust Fund for the withdrawal of the nuclear power plant, being such an increase resulting from the variation of years of useful life taken into account in Article 29 of this annual assessment. Art. 40.- If GENERA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) ceases to generate electric power with some nuclear power plant in an unforeseen manner, it will integrate the corresponding Trust Fund for the Retirement of Service to the remaining assessed contributions to the expected future value as provided for in Article 29 of this event, with the relevant annual updates. Art. 41.- NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) will only be integrated into the NUCLEAR CENTRAL SERVICE FIDUCIARY FUND and the FIDUCIARY FUND FOR THE MEAN RESIDUTION AND THE NUCLEAR CENTRAL CENTRAL CENTRAL CENTRAL ATUCHA II, annual assessments resulting from the provisions of Articles 30 and 31 above, modifications of such amounts from the annual automatic adjustments referred to in Article 35 of this act and the increase that may result from the application of Article 38 of this act. Art. 42.- NATIONAL COMMISSION OF ENERGIA ATOMICA, a decentralized agency under the NATION PRESIDENCE, will integrate the Trust Fund for the Retirement of Service of Each Nuclear Central and the Management of Media and High Activity Wastes that are constituted by this decree, the differences that as a result of the triannual revisions exceed the annual contributions by GENERA NUCLEAR ARGENTINA SOCIEDAD ANONIMA.

MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS should take the necessary precautions to include in the National Administration Budget Project for the year following the triannual review the corresponding Budget Partida.

Art. 43.- Contributions to each of the Funds constituting for this act shall be deposited, on behalf of the NATIONAL STATE, by the holder of the obligation, in the account which, for this purpose, determines the BANCO of the ARGENTINA NATION. Art. 44.- La SECRETARIAT OF ENERGY OF THE MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES shall inform the BANCO of the ARGENTINA NATION any modification of the annual quota amount of each of the funds that are constituted by this act. Art. 45.- NATIONAL COMMISSION OF ENERGIA ATOMICA, a decentralized agency under the NATIONAL REPRESIDENCE, may have the accumulated balances in the Service Retirement Trust Fund of the nuclear power station concerned as well as the FIDUCARY FUND FOR THE MEDIA RESIDUTION AND THE ACTIVITY OF NUCLEAR NUCLEAR NUCLEAR CENTRE I, EMBALSE And ATUCHA II according to the schedule of disbursements that the entity agrees with the SECRETARIAT OF ENERGIA of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES. This timetable shall, for the case of the Service Retirement Fund, reserve an OCHENTA FOR SCIENTY (80%) of the sums accumulated in each of these funds to be used from the time when the NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) notify the NUCLEAR ENERGY REGULARITY PUBLICS that a certain nuclear power plant must cease the activity of electricity generation. Art. 46.- NATIONAL COMMISSION OF ENERGIA ATOMICA, a decentralised agency, dependent on the NATIONAL PRESIDENCE, until the timetable referred to in the preceding article is defined, may, every year, have up to QUINCE per SCIENT (15%) the amount of the annual assessment of each Fund referred to in Articles 28 and 29 of this event. This percentage of the amount will be used exclusively in activities related to the object of each Fund.

Failure to exercise the Commission in one (1) year or in subsequent years the authority referred to in the preceding paragraph may have the amounts corresponding to it in previous years in a cumulative manner with the period in which it exercises the power.

Art. 47.- NATIONAL COMMISSION OF ENERGIA ATOMICA, a decentralised agency, dependent on the NATION PRESIDENCE, may access the use of the full balances accumulated in the Service Retirement Trust Fund of the nuclear power plant in question, once it is holder of the Service Retirement Licence of the nuclear power plant and in accordance with the schedule of withdrawal of funds agreed to by the ENERGY SECRETARIA Art. 48.- The Trust Fund for the Retreat of Service of each Nuclear Power Plant, the FONDO FIDUCIARIO FOR THE GESTION OF MEDIA RESIDUTS AND THE ACTIVITY OF NUCLEAR CENTRAL ATUCHA I, of the NUCLEAR CENTRAL EMBALSE and of the NUCLEAR CENTRAL II and the FIDUCIARY FUND FOR INTEGRATION For this purpose, the emerging policy of Law No. 24,083, as amended by Law No. 24,441, is applicable to the maximum limits that, in the exercise of the provisions of such rule, define jointly the BANCO CENTRAL OF THE ARGENTINA REPUBLIC, the NATIONAL COMMISSION OF VALOCATION, an auto-archic entity in the jurisdiction of the MINISTER Art. 49.- ARGENTRAL NATIONAL ADVISORY MANAGEMENT FOR THE Art. 50.- The ARGENTINA NATION BANK shall act as a financial agent for each of the funds constituting for this act, and must facilitate human resources and support for its functioning.

The above-mentioned bank will receive from GENERADORA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.), at the end of each calendar year, due to its status as a trustee, the CERO COMA TRES FOR SCIENTO (0.3%) annual amount of annual quota for each of the funds that are constituted by Articles 27 and 28 of this event. The bank will, in turn, receive, together with the quota corresponding to the following year, the CERO COMA CINCO BY CIENTO (0.5%) on the interests that the bank had generated in each of the annual contributions referred to in Articles 27, 28 and 34 of this act, during the previous immediate year. The annual amount to be paid is considered to cover all expenses (including administration and custody) in which it incurs such a role.

Art. 51.- Once the object of each Fund is fulfilled, the respective Fund shall be dissolved, which shall enter into liquidation. This stage will be administered by the official who, for this purpose, designates the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES.

CHAPTER IV.- GENERAL PROVISIONS

Art. 52.- Default of Decree No. 842 of 24 January 1958. Art. 53.- Default of Article 4 of Decree No. 456 of 11 September 1995. Art. 54.- PROCEDURE TO NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NUCLEOELECTRICA ARGENTINA S.A.), until the main package of actions of GENERADOR NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.SERVA.) is transferred to the award, the difference established by Decree No. 456 of 11

The extension referred to in the preceding paragraph covers both those outstanding taxes and rights pending cancellation as at the date of entry into force of Decree No. 456 of 11 September 1995, and those accrued and devented until the aforementioned transfer of the majority package of actions.

Achievement of the differentiation, NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NUCLEOELECTRICA ARGENTINA S.A.) shall pay the taxes covered by it, either in one (1) only payment or in TRES (3) monthly, equal and consequential quotas that will accrue to an interest of the United Nations (1%)

The total payment of the debt or the first partial payment shall be made within the TREINTA (30) days after the expiration of the delay period.

Art. 55- The benefits granted to the NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) NATIONAL COMMISSION ON ATOMICA ENERGY, a decentralized body under the NATIONAL PRESIDENCE, by Law No. 22,179, its Rule Decree No. 1,012 of 16 May 1980 and by Decree No. 1175 of 1175. Art. 56.- Contact the Bicameral Commission established by Article 14 of Law No. 23.696. Art. 57.- This decree shall apply from the date of its publication in the Official Gazette. Art. 58.- Contact, post, give to the National Directorate of the Official Register and archvese. MENEM. Roque B. Fernández. Annex I

Law No. 24,804

Chapter I

Nuclear activity. State functions.

Regulation Criterion. Jurisdiction

ARTICLE 1. The NATIONAL STATE will establish nuclear policy and develop the functions of Research and Development through the NATIONAL COMMISSION ON ATOMIC ENERGY and those of Regulation and Control through the NUCLEAR REGULATORY AUTHORITY, depending on its responsibility for the specific competence assigned by Act No. 24,804.

The nuclear activity of a productive nature and of research, development and service that may be organized commercially will be developed within the framework of nuclear policy and regulation that define the NATIONAL COMMISSION of ATOMIC ENERGY and REGULATORY NUCLEAR, both for the NATIONAL, Provincial or Municipal State and for the private sector.

ARTICLE 2. The functions assigned to the NATIONAL COMMISSION ON ATOMIC ENERGY by Act No. 24,804 shall be developed in such a way as to ensure adequate protection for the population, occupationally exposed personnel and the environment, of the radiological impact that may be derived from activities associated with such functions, in accordance with the standards established for this purpose.

NATIONAL COMMISSION OF ENERGIA ATOMICA, for the purpose of carrying out the functions assigned by law, should develop a multi-year business plan, with special emphasis on the development of basic research, applied research programmes in the nuclear technology base sciences and their corresponding technological development, as well as the maintenance of an up-to-date knowledge of the advances of global technology at all stages, for the purpose of their optimal use.

The NATIONAL EXECUTIVE PODER, through the body on which the NATIONAL COMMISSION ON ATOMIC ENERGY depends, shall take the necessary measures to include in each budget period the necessary items to implement the multi-year plan. The NATIONAL COMMISSION ON ATOMICA ENERGY should report annually the status of progress of the plan.

NATIONAL COMMISSION OF ENERGIA ATOMICA should disseminate the multi-year plan to public opinion in order to keep the community informed of nuclear activity and the state of its development.

Such a character as onerous to all the services provided by the agency to third parties in the exercise of the functions assigned by law.

Please provide the Directory with a definition of the amount of office, which must respect the principle of proportionality and provide, on an exceptional basis, free execution when there are duly justified reasons.

(a) Without rules.

(b) Without rules.

(c) Without rules.

(d) NATIONAL COMMISSION ON ENERGY ATOMICA, for the purpose of assuming responsibility for the management of radioactive wastes assigned to it, shall establish the requirements for the acceptance of low, medium and high-activity radioactive wastes to be approved by the NUCLEAR REGULATORY AUTHORITY.

The tasks arising from the above-mentioned liability may be carried out by the NATIONAL COMMISSION ON ATOMIC ENERGY, by administration or through third parties, who shall act on behalf and order of that agency.

Any natural or legal person who, as a result of the exercise of an activity licensed or authorized by the NUCLEAR REGULATORY, generates radioactive waste or irradiated fuels must provide resources to the NATIONAL COMMISSION OF ATOMICA ENERGIA in order to enable it to fulfil its waste management function. The waste generator will be responsible for the safe storage of such materials, within the scope of the installation in its charge, having to comply with the provisions that, for this purpose, establish the NUCLEAR REGULATORY. In the case of a nuclear power plant, the waste generator should, in order to ensure a safe operation, take the necessary measures for the purpose of having a storage capacity equivalent to the total amount of the fuels found in the facility.

The management of low-activity wastes will be solved by the generator of radioactive waste by paying the rate to be determined by the NATIONAL COMMISSION OF ATOMICA ENERGIA. This rate must respect the principles of reasonableness and proportionality.

NATIONAL COMMISSION OF ENERGIA ATOMICA should define the time and procedure by which the generator of radioactive wastes must transfer to that body of radioactive waste and irradiated fuel elements generated by the installation that the generator operates.

This transfer defines the liability limit of the operator of the waste-producing facility, in the matter of radioactive waste and the irradiated fuel elements.

The operator shall inform the NATIONAL COMMISSION ON ATOMICA ENERGY of the updated inventory and technical characteristics of irradiated fuel elements and radioactive wastes stored as often as the Commission establishes on the basis of its obligations and responsibilities.

(e) NATIONAL COMMISSION OF ENERGIA ATOMICA will determine the form of withdrawal of service from the nucleoelectric generation plants and any other relevant nuclear installation, in compliance with the conditions established by the NUCLEAR REGULATORY.

To determine the limits of responsibility of the operator of a nuclear power plant and the NATIONAL COMMISSION OF ENERGIA ATOMICA with respect to the tasks inherent in the cessation of nucleoelectric generation activity and those inherent in the function of Retirement of Service are established the following criteria:

I) NATIONAL COMMISSION ON ENERGY ATOMICA will, in due course, define the Service Retreat Project of each nuclear power plant in compliance with the requirements established by the NUCLEAR REGULATORY AUTHORITY in the area of its competence, having to take the necessary precautions in order to be able to obtain the status of entity responsible for the aforementioned Service Retreat License with CINCUENTA (150) days before the operation has ceased.

II) NATIONAL COMMISSION ON ENERGY ATOMICA may carry out the Service Removal Project that has been authorized by the NUCLEAR REGULATORY AUTHORITY, by itself or through third parties, with the operator of the nuclear power plant carrying out the minimum tasks inherent in the cessation of the nucleoelectric generation activity under the Operation License, which the taxation list is listed below:

1.) remove the entire irradiated fuel from the reactor and place it in the existing storage sites at the location of the nucleoelectric power plant.

2.) to align radioactive materials in accordance with the safety standards of NUCLEAR REGULATORY.

3.)operate mechanical systems to leave the reactor in a safe position according to the safety standards of the NUCLEAR REGULATORY.

III) The operator of a nuclear power plant shall supply the NATIONAL COMMISSION ON ATOMIC ENERGY with the frequency that such a body determines all the information necessary for the Commission to be able to produce in a correct and timely manner the Unit Retirement Project that is in operation, as well as any other information that the NATIONAL COMMISSION ON ENERGIA ATOMICA requests according to the obligations and responsibilities assigned by law.

The operator shall also notify the SECRETARIAT OF ENERGY of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, the NATIONAL COMMISSION OF ATOMIC ENERGY and REGULATORY AUTHORITY NUCLEAR the date on which the nuclear power plant is to cease generation activity. Such an obligation shall not be required when the cessation of the activity is due to unforeseen reasons or a decision of the NUCLEAR REGULATORY.

IV) The SECRETARIAT OF ENERGY of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, for the purpose of completing the tasks referred to in paragraph II above in relation to the Atucha I, Atucha II and Embalse plants, shall issue a certificate, after communication of the NUCLEAR REGULATORY AUTORY concerning all such exploitation. The aforementioned Secretariat shall report the date on which it is to issue the certificate to the NATIONAL COMMISSION OF ATOMICA ENERGY with TEN (10) days in advance.

V) For the purposes of the preceding paragraph, the NATIONAL COMMISSION ON ENERGY ATOMICA must, within the CINCO (5) days of having received the notification of the SECRETARIAT OF ENERGIA of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES referred to in the preceding paragraph, establish the minimum guard required by the NUCLEAR REGULATORY at the nuclear power plant that has initiated the cessation of activity procedure.

VI) NATIONAL COMMISSION ON ENERGY ATOMICA must take possession of the nuclear power plant that has been declared in cease of activity, from the time that it is determined in common agreement with the operator or from which to set the certification issued by the SECRETARIAT OF ENERGIA of the MINISTERIO DE ECONOMIA and ARTWS AND PUBLIC SERVICES.

VII) The non-emission without justification of the certificate by the SECRETARIAT OF ENERGY of the MINISTERY OF ECONOMY AND ARTS AND PUBLIC SERVICES within the time limit of TREINTA (30) days of its application shall be interpreted as conformity with the actions of the operator provided that the REGULATORY AUTHORITY NUCLEAR has notified the communication referred to in paragraph IV above, resulting from that time, or from the date of certification referred to in the preceding section, the following effects:

1.) disconnects the operator from the custody of the goods that are part of the nuclear power plant concerned,

2.) defines the time at which the NATIONAL COMMISSION ON ATOMICA ENERGY is transferred the responsibility for the safe storage of radioactive wastes generated by that plant, if that agency, in exercise of the functions assigned by Article 2 (d) of Law No. 24,804, has not defined an earlier time, and

3.) determines the time from which the NATIONAL COMMISSION OF ATOMICA ENERGY must take possession of the nuclear power plant.

VIII)If the time limit of THREAT SESENTS (360) days referred to in the second paragraph of paragraph III above, the NATIONAL COMMISSION FOR ENERGY ATOMICA has not obtained the status of entity responsible for the Service Retirement License of the nuclear power plant in question, or, if the same period has elapsed from the time of the cessation of the generation activity for unforeseen reasons or by decision of the NUCLEAR REGULATORY, the NATIONAL COMMISSION OF ENERGIA ATOMICA will have an additional time limit of TREINTA (30) days for obtaining the Service Retirement License.

The SECRETARIAT OF ENERGIA of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS will issue a certificate that will produce identical effects to the standard in paragraph VII above.

(f) Without rules.

(g) Without rules.

(h) No rules.

(i) Focus by experimental nuclear reactor on any prototype nuclear reactor.

(j) Without rules.

(k) Consider the NATIONAL COMMISSION OF ENERGIA ATOMICA is the agency referred to in Article 205 of the Mining Code.

(l) No rules

(ll) The basic and applied research programmes implemented by the NATIONAL COMMISSION ON ATOMICA ENERGY should give special interest to the radiological and nuclear safety aspects.

(m) No rules.

(n) No rules.

(ñ) Unregulated.

(o) No rules.

(p) Conventions with nuclear power reactor operators should cover the necessary aspects for research and development.

ARTICLE 3o.- NATIONAL COMMISSION OF ENERGIA ATOMICA shall adjust within a period of NOVTA (90) days, the labour system of its personnel in accordance with Article 3 of Law No. 24,804.

For the purposes set out in the preceding paragraph, the NATIONAL COMMISSION OF ENERGIA ATOMICA must respect the emerging rights of antiquity for staff who have a dependency relationship at the time of the enactment of Act No. 24,804.

ARTICLE 4o.- No rules.

ARTICLE 5o.- No rules.

ARTICLE 6o.-

(a) Without rules.

(b) Without rules.

(c) Without rules.

(d) NATIONAL COMMISSION OF ENERGIA ATOMICA shall, for the purpose of receiving the canon of Research and Development, request monthly to the MERCADO MAYORISTA ADMINISTRADORA ELECTRICO SOCIEDAD ANONIMA (CAMMESA) that this report the income corresponding to each nucleoelectric generator from the sale of electricity generated by the nuclear power plants under their operation, valued to the corresponding ELECTRIC price of the node.

NATIONAL COMMISSION OF ENERGIA ATOMICA shall issue a certificate during the first half of each month for the corresponding canon amount calculated according to what the nucleoelectric generator has invoiced to value the Spot price of the node of the MERCADO ELECTRICO MAYORISTA (MEM) corresponding the energy sold the previous month, which for the purpose of its validity as a public instrument must be subscribed by the President of the Board.

The nucleoelectric generator must pay the canon within the time limit of TEN (10) working days of its notification.

The mora in the payment of the canon an interest equal to the rate set by the ARGENTINA NATION BANCO for its documents discount operations to TREINTA (30) days will be automatic. The debt certificate for non-payment issued by the NATIONAL COMMISSION ON ATOMIC ENERGY, the amount of which is ratified by the SECRETARIAT OF ENERGIA of the MINISTERIO DE ECONOMIA and ARTWORKS and PUBLIC SERVICES, will be sufficient to enable the executive procedure to the Federal Civil and Commercial Tribunals.

(e) Without rules.

ARTICLE 7o.- The functions assigned to NUCLEAR REGULATORY by Article 7 of Law No. 24,804 although it does not cover the control of equipment intended for the generation of x-rays, in the terms of Law No. 17.557, it does include the regulation and control of linear accelerators of medical use, which as a result of their operation, give rise to or produce additional ionizing radiation to x.

ARTICLE 8o.

(a) Please note that the purpose of protecting persons against the harmful effects of ionizing radiation set out in Article 8 (a) of Law No. 24,804 does not cover the protection against radiation originated in equipment specifically intended for the generation of x-rays, which is the responsibility of the Public Health Authorities of the NATIONAL STATE, of the Provinces and of the GOVERNMENT OF THE AUTHORITY 17

(b) Without rules.

(c) Without rules.

(d) No rules.

9th Article. -

(a) Without rules.

(b) Without rules.

(c) Consider a NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NASA) covered by the non-obligatory subjects to hire insurance or financial guarantee covering civil liability for nuclear damage under Article VII, paragraph 2, of the Vienna Convention on Civil Liability for Nuclear Damage, ratified by Law No. 17.048.

GENERA NUCLEAR ARGENTINA SOCIEDAD ANONIMA (GENUAR S.A.) will be the subject to perform such recruitment from the transfer to the Private Sector of its shareholder.

The NATIONAL SUPERINTENANCE, in exercise of its counter-lor function, shall, prior to its holding, supervise the selected procurement modality.

Please note that the civil liability insurance coverage established for the operator of a nuclear facility used to generate and market electricity does not include the proper nuclear installation or the goods in the facility compound and that they are used or used in connection with the facility and that the means of transport in which the nuclear accident occurred are not the nuclear substances that have intervened in the facility.

(i) No regulation.

(ii) To consider the agents of the NATIONAL COMMISSION for ATOMIC ENERGY and NUCLEAR REGULATORY AUTHORITY who are in compliance with functions within the nuclear facility and any other person who has been authorized to enter within the facility to be included in Article 9 (c) (ii) of Act No. 24,804.

(iii) No rules

ARTICLE 10. No rules.

ARTICLE 11. No rules.

ARTICLE 12. Please note that the procedure set out in Article 12 of Law No. 24,804 for the location of a repository for wastes of high, medium or low activity is applicable to the location of any new repository even if at the date of the sanction of such law any type of study of technical prefactibility.

ARTICLE 13. No rules.

Chapter II

Nuclear Regulatory Authority

ARTICLE 14. No rules.

ARTICLE 15. The heritage of the NUCLEAR REGULATORY AUTHORITY, as a successor to the NACIONAL REGULADOR NUCLEAR, is integrated with the assets that were transferred to the NUCLEAR REGULATORY by Decree No. 1,540 of 30 August 1994, those acquired by it prior to the sanction of Law No. 24,804 and for which the REGULATORY AUTHORITY NUCLEAR acquires, from its constitution, any title.

ARTICLE 16.

(a) Without rules.

(b) Without rules.

(c) Without rules.

(d) Inspectors of NUCLEAR REGULAR AUTHORITY shall have access to facilities or other places subject to their power of counter-lor where used, manipulate, produce, store nuclear or radioactive materials. For this purpose, NUCLEAR REGULATORY AUTHORITY will regulate the conditions of entry.

(e) Without rules.

(f) Without rules.

(g) REGULATORY AUTHORITY NUCLEAR shall establish, within the end of CIENTO OCHENTA (180) days, a Regime of Sanctions for Non-compliance with the Standards of Radiological Safety in the Applications of Nuclear Energy to Medicine, Agro, Industry and Research and Teaching. Until such time as the Sanctions Regime is established, the one established by Decree No. 255 of 14 March 1996, the values defined in that decree are considered to be as maximum, and the NUCLEAR REGULAR AUTHORITY Directory is required to graduate the sanctions according to the guidelines defined in Article 16 (g) of Law No. 24,804 from the notice to the maximum of the decree.

La REGULATORY AUTHORITY NUCLEAR must also establish, within the time of CIENTO OCHENTA (180) days, a Regime of Sanctions for the Non-Compliance of Radiological and Nuclear Safety Standards, Physical Protection and Safeguards at Nuclear Power Stations and other relevant nuclear facilities.

(h) No rules.

(i) No rules.

(j) Without rules.

(k) No rules.

(l) No rules.

(ll)Please note that the evaluation criterion based on the benefit/cost ratio of the application of the new regulation should always respect the security value of the community as a whole.

NUCLEAR REGULATORY AUTHORITY, for the purpose of applying the Prior Consultation Procedure of Article 16 (ll) of Law No. 24,804 shall comply with the following procedure before modifying or dictating a new rule applicable to relevant nuclear facilities already licensed:

(I) Develop an initiative to modify the existing norm or new rule. Such an initiative should explain the objective pursued, the reasons behind them and the consequences arising from their implementation, in particular the expected benefits and the estimation of the efforts and costs involved. The initiative may also be presented by the holder of a license from a relevant nuclear facility.

II) To establish an ad hoc committee, composed of DOS (2) specialists from the NUCLEAR REGULATORY AUTHORITY and DOS (2) representing the licensees to which the proposed modification or new rule will apply. The Committee shall issue its opinion within the TREINTA (30) days, and the Committee may change the time limit when the subject concerned so requires.

III) To call upon the licensors to whom the initiative will apply for the purpose of transferring the opinion of the Ad Hoc Committee, with the aim of clarifying their concepts and analysing their conclusions.

IV) Develop the draft amendment of the norm or new rule, taking into account the initiative and the views expressed on it. This project will be accompanied by an assessment study on the benefit/cost relationship of the application of the new regulation that should explain the criterion and basis used for its elaboration. Licensors to whom such a preliminary draft will apply shall permit the access of officials of the NUCLEAR REGULAR AUTHORITY to their facilities and provide the necessary information to comply with the provisions of this section.

V) To transfer the preliminary draft and the cost/benefit study to the licensees to whom the proposed modification will apply, for consultation, establishing the time limit for their response to be from SESENTA (60) days, not to agree on a greater one according to the complexity of the topics involved. Licensors who have been consulted must answer the NUCLEAR REGULATORY AUTHORITY by highlighting the technical feasibility of applying the proposed norm as well as accompanying a study of the costs and expenses involved in the implementation of regulatory innovation.

VI) To prepare, on the basis of the actuated, the draft amendment norm or new rule and to transfer, for its report and consultation, to the licensees to whom it will be applicable, by the term of VEINTE (20) days or to which it is agreed on the basis of the difficulty inherent in the subject matter, who may consult the actuated to substantiate its pronouncement.

VII) The term of the transfer referred to in the preceding paragraph expires, dictate the corresponding modifying norm or new regulatory rule.

Determine that the prior consultation procedure established in Article 16 (ll) of Law No. 24,804 shall not be applicable when the REGULATORY AUTHORITY NUCLEAR modifies a rule in force only with the effect of uniformizing language, quantities and units without any modification of the existing security requirements.

(m) Please note that the environmental impact assessment referred to in Article 16 (m) of Law No. 24,804 refers exclusively to the evaluation of studies and analyses carried out by the licensors and that the intervention of the NUCLEAR REGULATORY AUTHORITY regarding the human environment is limited to the radiological environmental impact that may come from the discharge of radioactive effluents.

(n) No rules.

(ñ) Unregulated.

(o) In order to improve the performance of its functions, the NUCLEAR REGULATORY AUTHORITY must adopt contingency plans for the event of nuclear accidents, emergency programmes and in the necessary cases the corresponding training of workers and neighbors. Such plans should provide for active community participation. The Security Forces and representatives of civil institutions in the area covered by such procedures shall respond to the staff member who, for that purpose, designates the NUCLEAR REGULATORY, an agency which for this purpose is regarded as a regulatory body under Article 8 of the Convention on Nuclear Safety, adopted by Law No. 24,776.

The municipal, provincial and national authorities that may be linked to the development of such plans must comply with the guidelines and criteria defined by the NUCLEAR REGULATORY AUTHORITY, an organ which, for that purpose, shall exercise the powers that each Contracting Party establishes the Convention on Nuclear Safety.

ARTICLE 17. No rules.

ARTICLE 18. Members of the NUCLEAR REGULATORY AUTHORITY Directory will be selected by competition as a prerequisite for the coverage of the position to demonstrate sufficient scientific and technical experience and background in the field of Radiological and Nuclear Safety, Physical Protection and Control of the Use of Nuclear Materials, Licensing and Control of Nuclear Facilities and International Safeguards, as well as having sufficient experience in applying these knowledge to regulatory activities.

The PRESIDENCE OF THE NATION, or the presidential area on which it is appropriately dependent, shall initiate the Selection Procedure mentioned above by means of an open call that should be disseminated in mass circulation journals, making it applicable the rules established for the Charges Regime with Executive Functions approved by Decree No. 993/91 (t. 1995).

The background of the applicants will be evaluated by means of the curricula vitae presented and personal interviews conducted by specialists in order to determine those who meet the minimum requirements defined in the call for the coverage of the post.

The result of such an assessment should be raised to a Selection Committee composed of representative persons, who by their conditions guarantee equanimity and independence of criteria in their pronunciation.

In this way the minimum number of applicants will be selected to define the NATION PRESIDENCE for each charge to cover, those who will re-dress the condition of "Eligible candidate".

If there is no "Eligible Candidate" to cover a certain position, the procedure described above will be repeated only for such a position. This procedure will also be repeated if the NATIONAL PRESIDENCE considers it necessary, for those charges where there was only one "Eligible candidate". Such a circumstance will not hinder the continuation of the procedure of designation of the remaining members of the NUCLEAR REGULATORY AUTHORITY Directory.

The PRESIDENCE OF THE NATION, once the Procedure has been fulfilled in the preceding paragraphs, and the CAMARA DE DIPUTADOS y DE SENADORS del HONORABLE CONGRESO DE LA NATION, propose to the NACIONAL EXECUTIVE PODER a terna por cada cargo del Directory de la AUTORIDAD REGULATORIA NUCLEAR que les correspondents en l’article 24.

Determine that the Selection Procedure established above will apply from the expiration of the legal mandate of the first Directory of NUCLEAR REGULATORY.

ARTICLE 19. No rules.

ARTICLE 20. The President of the NUCLEAR REGULAR AUTHORITY shall exercise the legal representation of the NUCLEAR REGULATORY and shall have all the executive powers that be necessary in order for the NUCLEAR Authority to carry out the functions assigned by law.

ARTICLE 21. No rules.

ARTICLE 22.

(a) Without rules.

(b) The Board ' s Rules of Procedure shall grant its President the power to decide on a tie and provide for an appropriate system of delegation in the internal organs of that body.

(c) Without rules.

(d) Take into account the Annual Budget and Resource Calculation for the Annual Budget of Expenditure and Resource Calculation for which the provisions of Article 8 of the Convention on Nuclear Safety, adopted by Act No. 24,776, shall be taken into account.

(e) Consider, inter alia, the action aimed at the better performance of its functions and the purposes of Act No. 24,804, in the terms of Article 22, the adoption of general work plans, strategic projects as well as the Annual Activities Report; the establishment of relations with foreign institutions or regional or international agencies with related objectives; and the acceptance of goods and donations and the conclusion of agreements with public or private entities for the purpose of implementing such agreements.

ARTICLE 23. No rules.

ARTICLE 24. No rules.

ARTICLE 25. The resources of the NUCLEAR REGULAR AUTHORITY referred to in Article 25 of Law No. 24,804 shall guarantee the effective performance of the functions that the NUCLEAR AUTHORITY places in its responsibility in order to comply with the provisions of Article 8 of the Convention on Nuclear Safety, adopted by Law No. 24,776.

(a) Consider the control rate as a specific remedy established by law in the terms of Article 23 (c) of Law No. 24.156.

(b) Without rules.

(c) In order to comply with Article 25 (c) of Act No. 24,804, the interests and benefits resulting from the management of the funds of the NUCLEAR REGULAR AUTHORITY shall apply to the financing of its activities under Chapter V of Decree No. 1,545 of 31 August 1994.

(d) No rules.

(e) Please note that the one produced by sanctions fines integrates the resources of the NUCLEAR REGULATORY.

ARTICLE 26. The NUCLEAR REGULATORY AUTHORITY shall set the Control Rate within the parameters set out in Article 26 of Law No. 24,804 and shall raise its budget through the NATIONAL PRESIDENCE for subsequent approval by the HONORABLE CONGRESS OF NATION.

ARTICLE 27. REGULATORY AUTHORITY NUCLEAR shall, within the time limit of NOVENTA (90) days, adjust the labour regime of its personnel, in accordance with Article 27 of Law No. 24,804.

To this end, the NUCLEAR REGULATORY AUTHORITY shall respect the emerging rights of antiquity for personnel who have a dependency relationship at the time of the enactment of Law No. 24,804 and shall establish, in order to ensure a proper exercise of the control function, assigned by Law No. 24,804 to the said agency, by each of its agents, as a requirement for the validity of a unanimous decision of the Board.

ARTICLE 28. No rules.

ARTICLE 29. No rules.

Chapter III

Definitions

ARTICLE 30. No rules.

Chapter IV

General provisions

ARTICLE 31. No rules.

ARTICLE 32. No rules.

ARTICLE 33. No rules.

Chapter V

Privatization

ARTICLE 34. Please note that the privatization provided for in Article 34 of Law No. 24,804 ensures the termination of the Nucleoelectric Power Plant Atucha II within the end of SEIS (6) years from its transfer to the Private Sector, and this is the case when such privatization is executed to impose that obligation on a concession whose sole purpose is the completion of such works.

ARTICLE 35. The unavoidable affirmative vote of the NATIONAL STATE as the holder of an action referred to in Article 35 of Law No. 24,804 shall be exercised with the sole purpose of verifying that such decisions are bound in the radiological and nuclear safety conditions determined by the NUCLEAR REGULATORY AUTHORITY and, if it were to be dealt with in paragraph (b) of the above-mentioned Article, that such measure should only be verified

ARTICLE 36. No rules.

ARTICLE 37. No rules.

ARTICLE 38. Please note that the obligation to return the heavy water leased for the Embalse Nuclear Power Station, by the licensee of such a nuclear power plant or society that is constituted for the purpose of the privatization authorized by Article 34 of Law No. 24,804, is fulfilled by the delivery of successive items of heavy water from the Industrial Plant of Heavy Water installed in the country until the total amount of the rented water is completed.

Please note that the international status includes both price and quality technical features.

ARTICLE 39. The control by the MIXTA STATE REFORM AND FOLLOW-UP MISSION of the emerging PRIVATIZATIONS of Article 14 of Law No. 24,629 and whose application to the privatizations provided for in Chapter V of Law No. 24,804 provides for Article 39 of this Law, is consistent with the emerging Article 14 of Law No. 23,696, having, therefore, the same scope and characteristics.