atw - International Journal for Nuclear Power | 08/09.2019

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atw Vol. 64 (2019) | Issue 8/9 ı August/September DECOMMISSIONING AND WASTE MANAGEMENT 414 Due to the length of the article it is published in some different parts. The authors and editor hope you will enjoy and look forward to reading the entire article, as each portion is published. This republication is a shortened version of an article originally published in the journal Progress in Nuclear Energy. The full-length version of the article may be found at: Sanders, M, & Sanders, C 2019 “A world’s dilemma ‘upon which the sun never sets’ – The nuclear waste management strategy (part II): Russia, Asia and the Southern Hemisphere”, Progress in Nuclear Energy 110, 148-169. A World’s Dilemma ‘Upon Which the Sun Never Sets’: The Nuclear Waste Management Strategy: The Southern Hemisphere Part 4 Mark Callis Sanders and Charlotta E. Sanders 6 Southern Hemisphere 6.1 Argentine Republic or República Argentina (Argentina) 6.1.1 Historical Overview & Law Argentina, the world’s eighth largest country, covers most of the southern portion of South America. Argentina boasts an extremely varied topography, from immense plains to high mountains and deserts to miles of ocean shoreline [103]. Not only is Argentina able to boast a varied topography, but is able to claim various political systems that have governed the country, as from 1930 to 1980, Argentina’s political system has “vacillated between civilian-led democracy [to] military-led authoritarian government” [104]. In the early 1980’s, Argentina’s most recent military dictatorship ended after ruling for a period of seven years. Argentina is not a hydrocarbon-rich nation, but oil was discovered in the first decade of the twentieth century, “when Argentine geologists accidentally struck crude while digging an exploratory waterwell in the arid Patagonian town of Comodoro Rivadavia” [105]. In 1950, Argentina’s initial foray in to the realm of nuclear developed through the founding of the National Atomic Energy Commission (CNEA) and the construction of a number of research reactors. Currently, five research reactors are in operation operated by CNEA and others, with two further research reactors under construction. Beginning in 1964, attention turned to nuclear power generation in the country. The country’s nuclear power program was realized with the construction of the 362 MWe (gross) Atucha plant built 100 km northwest of the capital, Buenos Aires. By the mid-1970’s the Atucha-1 began commercial operation (1974), and construction of a second unit, Atucha-2, began in 1981, but was repeatedly delayed due to lack of funds until work resumed on it in 2006 [106]. Atucha-2 achieved criticality in June 2014 (Patel, 2014), and in May 2016 was granted a full operating license by the Argentine nuclear regulator, Autoridad Regulatoria Nuclear (ARN) [107]. Argentina’s third nuclear power plant, The Embalse plant, went online in 1984. However, due to needed maintenance and upgrade work on the reactor, it was taken offline in January 2016. The plant upgrade is expected to be completed in the second half of 2018 [108]. In May 2017, Argentina and China signed a contract for the building of Atucha-3. As part of the contract, China guarantees financing at “4.5 percent 20-year plus eight-year loan covering the $12.5 billion estimated cost of the project” [109]. Work is expected to begin in 2018, and additional nuclear power plants within the country are envisioned. 6.1.2 Government and Legislative Regime Argentina, a federal republic, consists of 23 provinces and one semi-autonomous city, the national capital Buenos Aires. Its president, who is both chief of state and head of government, is directly elected by popular vote, serving for a 4-year term. The president appoints members to the cabinet [110]. The legislature is bicameral, with a Chamber of Deputies and a Senate. There are 257 Deputies, whom serve for a term of four-years and are chosen through proportional representation from a closed list, in “which voters can neither change the order of candidates nor remove them from the list” [108]. The Senate’s 72 members are directly elected to serve for a term of six years through majority vote, where one-third of the Senators are up for reelection every two years. The Senate reviews and approves the appointments of the upper ranks of the armed forces, as proposed by the President [111]. Argentina’s judicial branch constitutes the Supreme Court or Code Suprema, which consists of the court president, vice-president, and five judges, and also other subordinate courts. Judges to the Supreme Court are nominated by the president, which must then be approved by the Senate. Judges to the Supreme Court have a mandatory retirement age of 75 [110]. In the early twentieth century, Argentina was known as one of the world’s richest countries, benefiting from rich natural resources, a welleducated population, and its massive amount of agricultural exports (chiefly beef), but in this time has fallen from one of the world’s wealthiest countries to a country constantly plagued with recurring economic crises, fiscal debt, and high inflation. Argentina has always “[fluctuated] between two models of economic organization of either state intervention or classical liberalism” [112], and has consistently struggled for “ decades [under] a political system that cannot maintain credible progrowth, noninflationary policies” [113]. Within the last four to five years, Argentina has made efforts to rejoin its standing in the international financial community agreeing payment in the amount of $9.7 billion owed to Paris Club 1 investors over a period of five years. Argentina has further agreed to make payments on debts owed to US investors in an 1 For more information on the Paris Club, see: http://www.clubdeparis.org/, viewed April 17, 2018. Decommissioning and Waste Management Part 4 ı Mark Callis Sanders and Charlotta E. Sanders
atw Vol. 64 (2019) | Issue 8/9 ı August/September | | Argentina, nuclear power, view of the Atucha site with two Pressurized Heavy Water Reactor (PHWR) in operation. amount of $606 million. Argentina made the first payment on this debt owed for almost 14 years to Paris Club creditors in 2014. 2 6.1.2.1 Corruption Despite Argentina having a strong legal and institutional framework for combatting bribery, corruption has, and continues, to remain a serious problem affecting both the public and private sectors. Here, one is reminded of the response given by Sir Humphrey Appleby to Minister Jim Hacker in the British Broadcasting Corporation fictional comedy show ‘Yes, Minister’ 3 regarding government corruption: “No, no, Minister! It could never be government policy. That is unthink able! Only government practice.” Corruption has been rife in Argentina throughout its history, and especially over the past few decades. Recently, one of Argentina’s most corrupt Presidents was probably Carlos Saúl Menem, who ran the country from 1989 to 1999. He unabashedly drove a brand-new red Ferrari given to him as a gift while holding office and when questioned about it, “Menem exclaimed, “It’s mine, mine, mine!” [114]. In the latest Transparency International Corruption Perceptions Index (CPI), Argentina ranked 85 out of 180 countries in 2017. Former President Cristina Fernández de Kirchner, who was recently elected to the Senate, currently faces five sets of corruption charges. Argentina’s current President Macri’s administration is trying to lead the fight against corruption. 4 Under its guidance, Argentina’s congress has passed three important anti- corruption laws: (1) limit the budgetary reallocations that the chief of the cabinet of ministers can make; (2) establish penalties against companies that engage in the corruption of public officials; and, (3) offers a reduction in prison terms for those individuals who have engaged in public corruption (if they provide specific and verifiable information to the authorities) 5 [115]. Such efforts by the Argentine President are critical for the stability of the country, as Manzetti illustrates: “The price that [any] country will pay in the long run, from an economic and political standpoint, is severe. Corruption and lack of rule of law discourage investments and set in motion a pernicious cycle of political alienation and distrust” [116]. 6.1.2.2 Legislative Framework Since its creation by Decree No.10936/50 in 1950, the CNEA has responsibilities for the control of all public and private nuclear activities within Argentina. The legislative framework in Argentina consists of the National Constitution, applicable treaties and conventions, as well as other laws and decrees. The Argentine Constitution declares: “All inhabitants are entitled to the right to a healthy and balanced environment fit for human development and that productive activities may meet present needs without endangering those of future generations; and they have the duty to preserve it.” 6 | | Argentina: nuclear power, view of the Embalse site with one Pressurized Heavy Water Reactor (PHWR) in operation. DECOMMISSIONING AND WASTE MANAGEMENT 415 2 See: L. Thomas and S Marsh, Argentina clinches landmark debt repayment deal with Paris Club, Reuters News Service, https://www.reuters. com/article/us-argentina-debt-parisclub-idUSKBN0E90JI20140529, viewed July 25, 2018; A. Brown, Argentina pays US$922mn to Paris Club, BN America, https://www.bnamericas.com/en/news/banking/argentina-pays-us922mn-to-paris-club, viewed July 25, 2018; D. Francis, After 15 Years, Argentina Agrees To Pay Back U.S. Creditors, Foreign Policy.com, https://foreignpolicy.com/2016/03/31/after-15-years-argentina-agreesto-pay-back-u-s-creditors/, viewed July 25, 2018. 3 A BBC comedy program broadcast from 1980 – 1983. See: http://www.bbc.co.uk/comedy/yesminister/, viewed April 17, 2018. 4 See http://fcpamericas.com/english/anti-corruption-compliance/argentina-introduces-corporate-liability-compliance-standards-anti-corruptionlaw/#, viewed April 17, 2018. In Spanish, RESPONSABILIDAD PENAL Ley 27401, https://www.boletinoficial.gob.ar/#!DetalleNorma/175501/ 20171201, viewed April 17, 2018. 5 The provided information must make a significant contribution to the investigation, and the information must be provided before the case is heard by the court tribunal, and to the extent that it allows for charges to be brought to other co-participants with the same or more criminal responsibility. 6 Argentina's Constitution of 1853, Reinstated in 1983, with Amendments through 1994; see Article 41, https://www.constituteproject.org/ constitution/Argentina_1994.pdf?lang=en, viewed April 17, 2018. Decommissioning and Waste Management Part 4 ı Mark Callis Sanders and Charlotta E. Sanders
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atw - International Journal for Nuclear Power | 08/09.2019

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