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 416 Act 24804 7 regulates nuclear activity and determines that the National State will establish Argentina’s nuclear policy, perform research and development activities through the CNEA, with regulatory and surveillance actions undertaken through the Nuclear Regulatory Authority (ARN). 8 Act 25018 provides the framework for Argentina’s Radioactive Waste Management regime. The Argentine Government is solely responsible for radioactive waste management and the CNEA is the organization responsible for its implementation. Producers of radioactive wastes are responsible for the conditioning and safe storage of the waste generated in the facilities operated by them, until such time that waste is transferred to the CNEA. Act 25018 creates a fund “for the Management and Final Disposal of Radioactive Waste… and whose exclusive destiny will be the financing of the National Programme of Radioactive Waste Management under the responsibility of the ARGENTINE ATOMIC ENERGY COMMISSION.” 9 6.1.3 Nuclear Waste Management The CNEA was appointed through Law No. 25018 as the competent authority for matters related to radioactive waste management. Furthermore, it was obligated to develop a Radioactive Waste Management Strategic Plan (PEGRR), subject to the approval of the National Congress. A decision regarding the reprocessing of spent fuel is postponed until 2030. The Strategic Plan (Law No. 25018) is to be reviewed every three years, so modifications may be made, as needed, inline with any technological advances. It mandates that a deep geological repository be designed, constructed, and operational by 2060. The final disposal of low-level solid radioactive waste was initially accomplished using conditioned waste packages in engineering enhanced surface semi-containment systems located in the Ezeiza Radioactive Waste Management Area (AGE). However, in the early 2000’s, these activities were discontinued. Currently, it is envisioned that construction of a final disposal system near the surface is planned. It is anticipated the repository will consist of multiple and redundant barriers, with approximately 300 years of institutional post-closure control. These wastes will be immobilized “in cement matrixes and packed in 200L drums and/or in special concrete containers” [117]. 6.1.3.1 Permanent Disposal Argentina’s current strategy is to build a deep geologic repository for the storage of intermediate-level and high-level wastes. As previously mentioned, the Strategic Plan (Law No. 25018) mandates a repository to be operation by 2060, with a determination on the reprocessing of spent nuclear fuel by 2030. Should Argentina choose to adopt the reprocessing of fuel, then high-level waste separated during this process will be conditioned in specially designed glass matrixes and containers before final disposal. In the event that reprocessing is not an acceptable option, the spent fuel shall be conditioned and directly disposed of in the geological repository. Until such a time this a reality, radioactive waste and spent fuel awaiting final disposal are stored in facilities especially designed for their purpose at the nuclear power plant site in a spent fuel pool, dry cask storage, or other purpose-built facility [117]. 10 6.2 Federative Republic of Brazil or República Federativa do Brasil (Brazil) 6.2.1 Historical Overview & Law Brazil is an up and coming nation, with an expanding economy that is growing the size of its middle class. Its economy outweighs that of all other South American countries and helps to ensure that Brazil is a relatively stable country among a plethora of unstable nation states. Interestingly, though Brazil holds a spot among the top five largest countries in the world, and covers half of South America’s land surface “encompass[ing] a wide range of tropical and subtropical landscapes, including wetlands, savannas, plateaus, and low mountains… [yet] the country contains no desert, high-mountain, or arctic environments” [118]. Brazil gained independence in 1822, after more than three centuries under Portuguese rule, to become South America’s largest economy and a regional leader [119]. From the late 1990s, Brazil’s burgeoning economy has brought it to the forefront as an increasingly powerful state in international affairs, among the BRIC family of nations. Brazil’s politics were generally dominated by its coffee-exporting titans until the 1930’s, when populist | | Brazil: The Angra power plant site with the two units currently in operation in Brazil, Angra 1 and Angra 2; both pressurized water reactors. 7 See: SECTION L – ANNEXES: República Argentina, JOINT CONVENTION ON THE SAFETY OF SPENT FUEL MANAGEMENT AND ON THE SAFETY OF RADIOACTIVE WASTE MANAGEMENT FIFTH NATIONAL REPORT 2014, http://www.arn.gov.ar/images/stories/informes_y_documentos/ informe_nacional_de_seguridad/5_National_Report_Joint_Convention_2014.pdf, viewed April 18, 2018. 8 The ARN was created by Law No. 24804 and is the organization responsible for the regulation and control of nuclear activities. 9 See Article 13. An English version of Law No. 25018/98, National Law on Radioactive Waste Management Regime, is provided in Section L.1.2 of: República Argentina, JOINT CONVENTION ON THE SAFETY OF SPENT FUEL MANAGEMENT AND ON THE SAFETY OF RADIOACTIVE WASTE MANAGEMENT FIFTH NATIONAL REPORT 2014, http://www.arn.gov.ar/images/stories/informes_y_documentos/informe_nacional_de_ seguridad/5_National_Report_Joint_Convention_2014.pdf, viewed April 18, 2018. 10 Also see: Spent Fuel Management of NPPs Argentina, http://www.iaea.org/inis/collection/NCLCollectionStore/_Public/44/096/44096776.pdf, 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 Getúlio Vargas rose to power. Brazil experienced more than a half century of populist and military government until 1985, with a dictatorship in power from 1964 to 1985. During 1970’s, this dictatorship continued to lose legitimacy and validity among the Brazilian citizenry, which precipitated the beginning of the end of military rule. Brazil experienced a number of initial setbacks during the first 15 years of democracy, but today enjoys a status as “a vibrant democracy in the eyes of the world” [120]. Brazil’s nuclear power program has its origins in the establishment of the National Research Council in 1951. In the early 1970’s, construction began on Brazil’s first nuclear power plant, Angra-1. Additional units were planned (Angra 2 & 3), but were put on hold due to economic problems in the country. The construction of Angra-2 was finally resumed in 1995, and was completed in 2000 [121]. In May 2015, Brazil’s government announced that “Angra-3 would be the last nuclear power plant built as a public works project” which has now allowed for the ability that any additional nuclear new-build projects be undertaken through private equity 11 [122]. The Angra-3 “project is estimated to cost $5.6bn and is scheduled for completion in 2018” [121]. 6.2.2 Government and Legislative Regime Brazil is a Federal Republic consisting of 26 states and one federal district. It is a civil law system, and its most recent constitution was ratified in 1988. Its Executive branch is headed by a president who is both chief and head of state, and whom appoints members to the cabinet. The president is directly elected by an absolute majority popular vote for a single four-year term. Brazil’s legislature is bicameral comprising both the Federal Senate and the Chamber of Deputies. The 81 members to the Federal Senate are directly elected in multi-seat constituencies by simple majority vote to serve for a term of eight years. There are 513 members elected to the Chamber of Deputies, whom are elected in multi-seat constituencies by proportional representation vote to serve for a term of four years [119]. Brazil’s judicial branch constitutes the Supreme Federal Court consisting of 11 justices whom are appointed by the president and approved by the Federal Senate, and other subordinate courts. Appointed justices to the Supreme Court serve until the mandatory retirement age of 75. Each Brazilian state has its own judiciary system, with locally appointed judges. These local judicial courts are responsible for “adjudicating matters of subnational jurisdiction.” [123]. 6.2.2.1 Corruption In the latest 2017 Transparency International Corruption Perceptions Index (CPI), Brazil ranked 96 out of 180 countries (alongside Columbia, Indonesia, Panama, Peru, Thailand, and Zambia). Brazil has routinely been plagued by corruption scandals since the early twentieth century. In 1951, following his return to power, President Getúlio Vargas soon found himself and his administration embroiled in scandal. It was alleged at the time that Brazil’s state-run bank (Bank of Brazil) had granted favorable loans to a pro-government journalist, and “after a late-night cabinet meeting on August 24, 1954… Vargas withdrew to his bedroom, grabbed a Colt pistol, and shot himself through the heart” [124]. Recently, Brazil has seen its politics upended, and is once again gripped by an all-consuming scandal, whose tentacles are reaching farther and deeper than ever before. The scandal began in 2014 with allegations involving the state-owned oil company (Petrobas), and has grown to touch people at the top of Brazil’s business elites and politicians. 12 This investigation was codenamed Lava Jato or Car Wash. A seemingly typical corruption scandal at first, what started as a purely Brazilian scandal soon caught foreign nations and firms in its net. The discovery of unlawful payments totaling “$5bn to company executives and political parties, put billionaires in jail, drag[ged] a president into court and [has] cause[d] irreparable damage to the finances and reputations of some of the world’s biggest companies” [125]. Operation Car Wash has exposed a permissive culture of systemic corruption in Brazilian politics, which includes: “Seven of the ministers in the new Temer government… while more than half of Brazil’s 513 deputies are currently facing criminal proceedings for everything from corruption and attempted homicide to the use of modern- day slave labor… [with] former president of the Brazilian House, Eduardo Cunha, [facing] eleven separate corruption charges…, [while in the Senate] one-third of [the] senators [are] currently fac[ing] criminal investigations” [126]. 6.2.2.2 Legislative Framework Brazil’s Constitution establishes in its articles 21 13 and 177 14 the competencies of the State to exert exclusive control to operate nuclear energy services and facilities, including the operation of nuclear power plants. 15 Thus, the constitution provides the relevant powers to the State to exercise these sole competencies maintaining a monopoly over all aspects of the nuclear fuel cycle, from the mining of uranium to the final disposal of highlevel nuclear waste and spent nuclear fuel. The National Commission for Nuclear Energy (CNEN) was created in 1956 (Decree 40110 of 10/10/1956) and maintains custody for all nuclear activities in the country. Later, CNEN was reorganized and its responsibilities were established by Law 4118/62 with alterations established by Laws 6189/74 and 7781/89. Thereafter, CNEN through its Directorate for Radiation Protection and Nuclear Safety (DRS) has assumed Regulatory Body roles and is accountable for the regulation, licensing, and control of nuclear activities in Brazil as it relates to nuclear safety and security of these activities, as well as any required safeguard measures [127]. Law 10308 promulgated on November 20, 2001 expanded the legal framework encompassing the areas of DECOMMISSIONING AND WASTE MANAGEMENT 417 11 Recently, Eletrobras Termonuclear SA indicated that it would not be able to honor its debt payments without a renegotiation of the terms of the agreement. See: Eletronuclear head says may not honor Angra three debts, Reuters Staff, https://www.reuters.com/article/us-eletrobrasnuclear/eletronuclear-head-says-may-not-honor-angra-three-debts-paper-idUSKBN1K61GK, viewed July 25, 2018. Also see: Brazil's Eletronuclear woes may lead to supply interruption, Reuters Staff, https://www.reuters.com/article/eletronuclear-outlook/brazils- eletronuclearwoes-may-lead-to-supply-interruption-paper-idUSL1N1OC0O8, viewed July 25, 2018. 12 http://www.bbc.com/news/world-latin-america-35810578, viewed April 19, 2018. 13 § XXIII, Constitution of Brazil, http://english.tse.jus.br/arquivos/federal-constitution, viewed April 19, 2018. 14 § V, Constitution of Brazil, http://english.tse.jus.br/arquivos/federal-constitution, viewed April 19, 2018. 15 See: Article 225 §VII, 6, Constitution of Brazil, http://english.tse.jus.br/arquivos/federal-constitution, viewed April 19, 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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