Earnings release
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BERKELEYenergía NEWS RELEASE | 29 October 2021 Quarterly Report September 2021 Summary : Permitting Update : In July 2021 , Berkeley reported that the Board of the Nuclear Safety Council ( " NSC " ) had issued an unfavourable report for the grant of the Authorisation for Construction for the uranium concentrate plant as a radioactive facility ( " NSC II " ) . During the quarter , the Company has taken a number of steps to overturn the NSC II decision . The Company submitted 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 has requested its reassessment by the NSC . The Improvement Report includes technical arguments that , in the Company's view , clearly demonstrate that the project is compliant with all requirements for NSC II . Berkeley submitted further documentation to the Ministry of Ecological Transition and Demographic Challenge ( " MITECO ” ) in which the Company , with strongly supported arguments , dismantles all of the technical issues used by the NSC as justification to issue the unfavourable report . The Company strongly refutes the NSCs assessment and believes that the project is compliant with all requirements for NSC II to be awarded however , the NSC still adopted an unfavourable decision . In the Company's opinion therefore , the technical issues raised by the NSC lack both technical and legal support . In addition , Berkeley 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 and Saelices El Chico , 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 and its legal advisors 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 have been detailed in a further letter sent to MITECO in which Berkeley requests 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 . The Company is yet to receive a response from MITECO regarding any of its submissions . It should also be noted that more than 120 previous permits and favourable reports have been granted by the relevant authorities at the local , regional , federal and European Union levels in relation to the Salamanca project , among which nine have been from the NSC . The Company will continue to strongly defend its position in relation to the adverse decision by the NSC and will continue to update the market on any material developments as they occur . Berkeley Energia Limited | LSE / ASX / BdM : BKY | ABN : 40 052 468 569 | www.berkeleyenergia.com MADRID Calle Capitán Haya 1 , Planta 15. Edificio Eurocentro , 28020 Madrid , Espana | T : +34 91 555 1380 PERTH Level 9 , 28 The Esplanade , Perth WA 6000 | T : +61 8 9322 6322 | F : +61 8 9322 6558