Biography
Ximena Vásquez-Maignan is a project finance lawyer who has been working in the nuclear sector for more than twenty years. She specializes in nuclear law, with a particular expertise in nuclear liability. She advises governments and public organizations, investors, operators, equipment and service providers, as well as insurers, in the development and monitoring of nuclear projects worldwide.
She began her career in the international legal department of Veolia Water (1997-2003), and then moved to Beijing (China), where she worked for Electricité de France SA (EDF) (2003-2008) and an international law firm (2009-2010). She joined the OECD Nuclear Energy Agency (NEA) as Senior Legal Adviser in 2011 and was Head of the Office of Legal Counsel from 2015 until 2022, when she joined White & Case.
While at the NEA, Ximena provided secretariat services to the Nuclear Law Committee, a group of government representatives addressing nuclear law issues, and to the countries that are parties to the Paris Convention on Third Party Liability in the Field of Nuclear Energy. She also participated in the meetings of the International Expert Group on Nuclear Liability (INLEX) of the International Atomic Energy Agency (IAEA).
She is a member of the International Nuclear Law Association (INLA), Women in Nuclear (WiN) and the French Nuclear Society (Société Française d'énergie nucléaire Sfen). She has served as an expert on numerous working groups, such as those of the International Atomic Energy Agency, the European Commission, the World Nuclear Association (WNA), nucleareurope and the International Group of Legal Experts on Fusion Energy (FELEX). Ximena is the chair of the INLA Nuclear Liability & Insurance working group, the WNA End Energy Users Panel and the FELEX technical working group on Third-party liability arising from fusion facilities. She co-leads the European Industrial Alliance on SMRs group on Assessing the financing challenges of SMRs in the EU.
She has been invited to lecture on nuclear liability and nuclear law in general at different educational programs, including the International School of Nuclear Law and the International Nuclear Law Essentials of the NEA, the Nuclear Law Institute of the IAEA and several universities.
Experience
- Advising the French government on the financing of the new French nuclear EPR2 fleet.
- Advising the U.S. Department of Energy's Office of Energy Dominance Financing on the loan application from NextEra Duand Arnold, LLC for the restart of the Duane Arnold Energy Center.
- Advising U.S. Department of Energy's Office of Energy Dominance Financing on the loan for the construction by the SHINE Chrysalis, LLC of a medical isotope production facility.
- Advising a foreign investor on the acquisition of a stake in the Palissades nuclear power plant in the U.S.
- Advising a Japanese industry company who is preparing a proposal to act as a subcontractor for the potential supply of the containment vessel and surrounding steel structures on a new nuclear power plant in Poland.
- Advising a major player in nuclear fuel supply company on nuclear liability issues applicable to international transport.
- Regularly advising suppliers on their nuclear liability risk in their country and abroad in case there is a nuclear incident at the nuclear installation they provided equipment or services to.
- Advising on the nuclear aspects regarding the sale of equipment for a nuclear power plant, including nuclear liability and export control.
- Advising on nuclear liability issues relating to the refinancing of a nuclear installation of EnergySolutions, one of the largest nuclear waste processors in the United States.
- Advising on nuclear liability issues relating to an existing term loan credit facility in favor of NorthStar Group Services, Inc. and Waste Control Specialists LLC in connection with the decommissioning of nuclear facilities.
- Advising on US export control regulations applicable to the nuclear sector.
- Advising a supplier on the nuclear aspects relating to the provision of services to the construction of a fusion installation.
- Advising on the European legal framework applicable to the development of nuclear power plant projects in the European Union, and on the preparation of the related notifications to be submitted to the European Commission.
- Advising on the nuclear aspects of a power purchase agreement between a nuclear operator and an offtaker.
- Advising on the nuclear aspects relating to uranium mining projects.
- Advising on the import and export regulations applicable to Naturally Occurring Radioactive Material (NORM) in different countries.
- Advising on the nuclear aspects of a dispute in France.
- Advising Australian Naval Infrastructure in relation to the Nuclear-Powered Submarine Construction Yard at Osborne, South Australia.
- Advising a potential equity investor in respect of all aspects of the Sizewell C nuclear power project in the United Kingdom.
- Advising a potential investor in a US small modular reactor start-up.
- Advising on the relationship between a developer of small modular reactor and its suppliers regarding nuclear liability in its country and abroad.
- Advising a French start-up of small modular reactors as part of its fundraising efforts with investors.
Significant matters in the nuclear sector on which Ximena has acted prior to joining White & Case include:
- Acquisition by EDF of a minority stake in the company in charge of constructing and operating the first EPR in China (Taishan nuclear power plant);
- Drafting and negotiating technology transfer agreements and technical assistance contracts;
- Assisting one of the world leaders in the areas of construction, equipment and services for nuclear power plants, and for the whole nuclear fuel cycle, in its projects in China and India (e.g. setting up a joint-venture and construction of a nuclear installation); and
- Assisting governments in achieving the ratification of the 2004 Protocols to amend the 1960 Paris Convention on Nuclear Third Party Liability and of the 1963 Brussels Convention Supplementary to the Paris Convention, and drafting decisions, recommendations and interpretations relating to those conventions.
"Going Nuclear – managing claims and disputes during the construction of new build NPPs" (with Daniel Garton, Andrew McDougall KC, Kirsten Odynski and Emily Eliott)
Contributed to several NEA publications, such as the following recent publications of 2021:
- Principles and Practice of International Nuclear Law (2021) (drafted an article and reviewed those addressing nuclear liability)
- Small Modular Reactors: Challenges and Opportunities (2021) (contributed information on nuclear liability)
- Fukushima Daiichi Nuclear Power Plant Accident, Ten Years on (2021) (contributed information on nuclear liability)
"Nuclear power in the United Arab Emirates: Legal framework and regulatory co-operation", NEA updates, NEA News 2012/2013 – No. 30.2/31.1
"The Japanese nuclear liability regime in the context of the international nuclear liability principles", in Japan's Compensation System for Nuclear Damage as related to the TEPCO Fukushima Daiichi Nuclear Accident, OECD 2012 – NEA No. 7089
"Fukushima: liability and compensation", NEA News 2011 – No. 29.2
"Nuclear liability in China", Asian Power magazine, February 2010 issue
