Berkeley Energia Limited Permitting Update (8479T)
29 November 2021 - 6:00PM
UK Regulatory
TIDMBKY
RNS Number : 8479T
Berkeley Energia Limited
29 November 2021
BERKELEY ENERGIA LIMIETD
NEWS RELEASE | 29 November 2021
Permitting Update
Berkeley Energia Limited ("Berkeley" or the "Company") has
received formal notification from the Ministry for Ecological
Transition and the Demographic Challenge ("MITECO") that it has
rejected the Authorisation for Construction for the uranium
concentrate plant as a radioactive facility ("NSC II") at the
Company's Salamanca project.
This follows the unfavourable report for the grant of NSC II
issued by the Board of the Nuclear Safety Council ("NSC") announced
on 12 July 2021.
As previously reported, Berkeley strongly refutes the NSC's
assessment and, in the Company's opinion, the NSC has adopted an
arbitrary decision with the technical issues used as justification
to issue the unfavourable report lacking in both technical and
legal support.
Berkeley submitted documentation, including an 'Improvement
Report' to supplement the Company's initial NSC II application,
along with the corresponding arguments that address all of the
issues raised by the NSC, and a request for its reassessment by the
NSC, to MITECO in late July (see announcement dated 23 July
2021).
The Improvement Report was complemented by an Independent
Expert's technical opinion on the hydrogeological aspects of the
project produced by Prof. Rafael Fernández Rubio, Emeritus
Professor of Hydrogeology at the Polytechnic University of
Madrid.
Further documentation was submitted to MITECO in early August,
in which the Company, with strongly supported arguments, dismantled
all of the technical issues used by the NSC as justification to
issue the unfavourable report. The Company again restated that the
project is compliant with all requirements for NSC II to be awarded
and requested its NSC II Application be reassessed by the NSC (see
announcement dated 5 August 2021).
These submissions to MITECO were made as part of the previously
disclosed hearing process in relation to the unfavourable NSC II
decision.
In addition, the Company requested from MITECO access to the
files associated with the Authorisation for Construction and
Authorisation for Dismantling and Closure for the radioactive
facilities at La Haba (Badajoz) and Saelices El Chico (Salamanca),
which are owned by ENUSA Industrias Avandas S.A., in order to
verify and contrast the conditions approved by the competent
administrative and regulatory bodies for other similar uranium
projects in Spain.
Based on a detailed comparison of the different licensing files
undertaken by the Company following receipt of these files, it is
clear that Berkeley, in its NSC II submission, has been required to
provide information that does not correspond to: (i) the regulatory
framework, (ii) the scope of the current procedural stage (i.e. at
the NSC II stage), and/or (iii) the criteria applied in other
licensing processes for similar radioactive facilities).
Accordingly, the Company considers that the NSC has acted in a
discriminatory and arbitrary manner when assessing the NSC II
application for the Salamanca project.
These additional arguments were detailed in a further letter
sent to MITECO in which Berkeley requested that the additional
arguments be incorporated into its file and, in view of the
outlined deficiencies of the NSC's unfavourable report, the
procedure be returned to the NSC for a new report to be issued
correcting these deficiencies (see announcement dated 29 October
2021).
In Berkeley's strong opinion, MITECO has rejected the Company's
NSC II Application without following the legally established
procedure, as the Improvement Report has not been taken into
account and sent to the NSC for its assessment, as requested on
multiple occasions by the Company.
In this regard, the Company believes that MITECO have infringed
regulations on administrative procedures in Spain, as well as
Berkeley's right of defence, which would imply that the decision on
the rejection of the Company's NSC II Application is not legal.
The Company will continue to strongly defend its position and
will immediately consider the range of legal options available to
it in relation to the adverse resolution by MITECO.
The Company will continue to update the market on any material
developments.
For further information please contact:
Robert Behets Franciso Bellón
Acting Managing Director Chief Operations Officer
+61 8 9322 6322 +34 91 555 1380
info@berkeleyenergia.com
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