On October 23, 2024, El Salvador’s Congress approved a Nuclear Energy Law that establishes a framework for the regulation, management, and supervision of nuclear activities within the country.
The law provides that the state will oversee and regulate critical activities such as site selection, design, construction, operation, and decommissioning of nuclear facilities, and the handling of radioactive materials, to protect the health and safety of the population and the environment. (Art. 1.)
Establishing a Regulatory Authority
The General Directorate of Energy, Hydrocarbons, and Mines has been designated as the lead regulatory body. This authority will be supported by two new directorates:
- the Directorate of Nuclear Energy Regulation, which will be responsible for licensing activities authorized by the act.
- the Directorate of Control and Supervision of Nuclear Energy, which will be responsible for inspecting facilities and activities to ensure the conditions and requirements for licenses are met. (Art. 5.)
Licensing Framework
The law permits entities, including those in the private sector, to obtain licenses for activities such as construction, operation, waste management, transportation, and the import/export of nuclear materials. (Arts. 8 & 9.) The General Directorate will set specific requirements for licenses for facilities based on type, such as whether it is a research reactor, a modular reactor, or a processing plant. (Arts. 5-7 & 9.) Applicants must obtain a license for each specific activity, ensure transparency through public notifications in national newspapers, and adhere to strict community engagement requirements. (Arts. 10-17.) The law sets forth penalties for violations of licensing conditions. (Arts. 19-32.)
Prioritizing Safety and Emergency Preparedness
The law requires every step, from the design and operation of facilities to waste management, to adhere to internationally recognized safety standards. Applicants must submit an emergency preparedness and response plan before obtaining any license. (Arts. 42-45.) In the event of an incident, immediate reporting to the General Directorate and the International Atomic Energy Agency (IAEA) is mandatory. (Art. 45.)
Prohibitions
Provisions in the law explicitly prohibit the military use of nuclear materials and technology, including the development of nuclear weapons, and ban the importation of radioactive waste. (Arts. 55 & 63.) Exportation of radioactive waste is permitted under strict conditions, including written consent from the receiving country and assurance of compliance with international safeguards. (Art. 56.)
Global Collaboration and Information Security
The General Directorate is tasked with fostering international collaboration with regulatory bodies, research institutions, and private sector stakeholders. (Arts. 71 & 82.) The law requires it to maintain strict confidentiality regarding sensitive nuclear information, protecting it from unauthorized access. (Art. 73.)
Inspections and Compliance
The General Directorate must implement a national program for inspection and control of nuclear activities, facilities and practices. The law provides that scheduled inspections are standard protocol, but unannounced inspections are allowed in cases of emergencies or suspected violations. (Art. 18.)
Implementation of the Law
With the president set to issue implementing regulations and the General Directorate tasked with creating detailed technical standards, the law will take effect 365 days after its publication in the Official Gazette. (Art. 87.)
Positions on the Law
The Director of the General Directorate expressed that the new law positions El Salvador as the first Central American country to invest in nuclear energy, and that it is expected that this energy source will begin generating electricity within seven years.
The law seeks to enhance collaboration with international bodies such as the IAEA, to which the country recently submitted legal instruments to gain voting rights and project support.
Members of Congress expressed support for developing nuclear energy in El Salvador. Elisa Rosales of the ruling Nuevas Ideas party said that “[w]ith the inclusion of nuclear energy, we will have a new source of energy that will seek to generate and strengthen the capacity we have as a country.” Mauricio Ortiz, another member of the ruling party, said that nuclear energy will guarantee 24/7 electricity supply providing for availability, reliability, stability and predictability in the energy sector of El Salvador. However, Marcela Villatoro of the opposition ARENA party warned of the environmental risks of this law and said it raises questions about its alignment with El Salvador’s current environmental and social needs.
Carlos Perdomo, a member of the Association of Transparency, Social, and Data Accountability, said that the potential for advanced nuclear technology offers promising benefits for energy sector in El Salvador, but he expressed disagreement with the swift enactment of this legislation and questioning the feasibility of the project given the country’s limited resources.
Stephania Alvarez, Law Library of Congress
January 10, 2025
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