Ximena Vasquez-Maignan, lawyer

Interview by Cécile Bernard and Anne-Marie Birac (WiN France communication Team)

Ximena was rewarded for her entire career at the 2023 edition of the Fem'Energia Award, in the working women category, we invite you to discover her career.

Ximena, can you summarize your academic and student background and explain your choice of orientation?

I am originally Chilean, but during my childhood I often changed countries because of my father's profession. I lived in Switzerland, France, Lebanon, India and Thailand. As my first six years were spent in Geneva and Paris, my parents, who were very fond of France and the French language, decided to send me to French schools abroad. This allowed me to have a dual Franco-Chilean culture. These trips also gave me the desire to discover other cultures.

Studying law was a natural choice. Seeing my passion for reading, writing and history, as well as my interest in understanding the various societies we had the chance to discover, my father, who had studied law, suggested that I enroll. I joined the university of Paris II-Assas in June 1986, then I went to Chile in March 1987 to study law for two years (the academic year in the southern hemisphere starts in March), and finally came back to Paris, where I had to start from scratch, because my two years spent in Chile were not recognized. I studied while working in a law firm as a night secretary, which allowed me to get to know the legal profession during my studies. I obtained a Master 1 in private law and another in international and European law, as well as a Master 2 in international law, with an emphasis on private and business international law.

After graduating, I enrolled in a PhD, but I quickly left my studies to find a position in an international legal department so that I could start working on projects abroad, continue to travel and use my different language skills.

Where and how did you start your professional career?

I got my first job as an international legal counsel at the Compagnie Générale des Eaux (now Veolia Water) in 1997 where I stayed for six years. This position allowed me to work on projects across all continents, which involved working with local teams and lawyers; negotiate with partners, customers or subcontractors; work as part of a team with the commercial, the technical and the financial colleagues; carry out risk analyses and prepare reports for the senior management; and travel a lot. I really enjoyed working in this sector. Water is essential to life and there are major geopolitical issues regarding the use of the different resources. In addition to major commercial contracts, I also worked on projects financed by the World Bank, to bring water services to communities that could not afford them.

Due to the experience gained on a Chinese project, I was then hired by EDF to move as an expat to Beijing in June 2003. I left with my husband and son, and I had my daughter there. I worked with the EDF team based there on different projects, including a rather iconic conventional thermal project (Laibin B, for those who know about it). It was in this position that I discovered nuclear power. In the beginning, I worked on technology transfer and technical assistance contracts, which allowed me to discover the technical aspects as well as the complexity of nuclear law. I then worked on EDF's acquisition of a 30% stake in the company that owns and operates Taishan, the Chinese EPR. A project that required a great deal of preparation from the entire team and a long and very intense negotiation period. These six years at EDF allowed me to join the great "nuclear family" and were extremely rewarding. I discovered what nuclear law was while working on the different files. I am a "self-educated nuclear lawyer", like most lawyers of my time.

And what are you doing today?

Today, I am a lawyer at White & Case LLP (an international law firm). We advise all types of clients (governments, operators, suppliers, start-ups, financial institutions or insurers) on any legal issues concerning nuclear power projects, whether they are under development, operation or decommissioning. I can work on the different phases of a project myself, as I have been able to gain quite a bit of experience in this field over the last twenty years. I am also responsible for coordinating the nuclear related activities of the firm's 44 offices spread over 30 countries.

I am currently very active in promoting nuclear energy. I was always convinced that this energy would make a resounding comeback, given the exponential need for energy and the damage caused by fossil fuels and air pollution (a big topic in Beijing during my stay there).

I participate in several working groups of? the World Nuclear Association, including the Economics, Law and Finance group. I am the president of the group that aims to bring together the world of nuclear power and energy-intensive industries in order to introduce them to small nuclear reactors to help them decarbonize their activities: the End Energy Users Panel.

I am also in contact with nucleareurope, the association representing the European nuclear industry, with whom I had the pleasure of organising a workshop on the financing of small modular reactors in order to help them be deployed in the European Union.? This day allowed the nuclear sector and financial institutions to start a dialogue to find innovative financing approaches, whether to develop these new technologies or projects.

I am a member? of the International Nuclear Law Association (INLA) which I discovered in 2009. This association, which exists since 1970, allows nuclear lawyers to discuss various topics (we have eight working groups) and to train new lawyers. The INLA has many national branches, including one in France, and congresses are organized every two years. The next congress will take place in Warsaw, Poland, from 3 to 7 November 2024.

Since 2012, I have been co-chairing the Association's working group on nuclear liability and insurance. I first learned about nuclear liability as a supplier, then addressed it as an operator, and finally from a government’s perspective, when I worked at the OECD Nuclear Energy Agency (NEA). Nuclear third-party liability is a special regime that was put in place in the early days of the nuclear power industry to protect potential victims of an accident by providing them with adequate compensation in the event that they suffer "nuclear damage" (i.e. caused by radiation), identifying a single entity responsible to compensate for such damage (i.e. the operator of the nuclear installation) and ensuring that adequate financial security would be available to cover the operator’s nuclear liability. This regime is also intended to ensure that operators and all those involved in the construction, operation and dismantling of a reactor are not subject to a liability that would scare them off from this industry. The legal framework governing nuclear third-party liability is quite complex, especially when it comes to cross-border transportation of radioactive substances. It's a subject that I find fascinating and one that I've been working on for the last twenty years. During my eleven years at the NEA, I have had the privilege of working with governments on these issues, including in view of improving the claims handling procedures in case of major accidents, such as Fukushima. This is a topic that is of interest to all parties involved in a nuclear project, and most of all the public who will want to know who is liable in the event of an accident and for how much? The answer varies from country to country, depending on whether they have ratified or not at least one of the international conventions that would apply in this case.

Finally, I became a member of the French Nuclear Energy Society and WiN France in 2022 and I hope to be able to contribute to both as well.

Can you describe your current industry?

At the international law firm, White & Case, we advise various nuclear stakeholders (such as governments, investors, operators, vendors and suppliers) to, among other things, develop and structure their projects, find innovative financial solutions, assess the regulatory and legal framework, design relevant commercial contracts, and represent them in case of disputes.

Nuclear projects are extremely complex, not only because of the technology but also because of the regulatory and legal framework applicable to ensure compliance with safety and security requirements. This framework has evolved over time. Today's projects will not be developed in the same way as those before Chernobyl. For example, public participation is now a right, which was not the case before.

In the near future, it will be necessary to triple nuclear capacity in the energy mix, and it will also be necessary to develop a number of "unprecedented" transactions, such as the structuring of new financial schemes, the development of small modular reactors and the adaptation of regulatory and legal frameworks to these new technologies, particularly with a view to use them to decarbonize energy-intensive industries. Responding to these new challenges is an extraordinary industrial and legal adventure.

What is the proportion of women in the industry?

There are a lot of women in the legal profession. However, the nuclear sector is struggling to attract young people. For many years, nuclear power was part of the past and young people did not see a future in it. Now that at the COP28 nuclear energy was considered to be one of the low-carbon energies that can help against global warming, in addition to ensuring the energy independence of countries, their perception will surely change. Young people should be informed about the opportunities available to them in the sector and trained in nuclear law.

What are you passionate about?

My answer is going to be a bit trite, but I'm passionate about my work. I was always certain that we were going to need nuclear power, and the time has finally come. This industrial activity is one of the most regulated, which explains why in more than 70 years, there have been only three major accidents: Chernobyl and Fukushima (level 7 on the INES scale – International Nuclear Event Scale, in 1986 and 2011 respectively), and Kyshtym (level 6, in 1957).[1] And each time, the nuclear industry has learned from these events, and the legal framework has been strengthened. I try to keep up to date with all the legislative developments that can be adopted around the world, the latest developments in the sector, the changes in political positions, etc. Right now, there's something new every day. It's really exciting to see how the industry has woken up and is in full swing. I find that there is a lot of energy, a lot of innovation, international cooperation and exchange, and thus hope to fight global warming.

What is clear is that when I suggest to train people in nuclear law, there is now a very high level of interest. It is absolutely necessary for the "elders" to train young lawyers to give them the necessary tools to contribute to this revival of nuclear power. It is essential for them to understand the history of nuclear law in order to understand the purpose that has been sought with each international convention, law or regulation, and each amendment made to them. Nothing was written without a reason.

Is there a woman who inspires you or has inspired you?

During my professional career, I have met a lot of women who have made their way in sectors that didn't have many of them. I am a great admirer of those who have had to evolve in eminently masculine environments and make a place for themselves; I learned a lot from them. This was especially the case with my first boss, who also taught me the importance of team spirit.

What advice would you give to a young woman who would like to work in your field of activity?

I would tell her not to hesitate, that it's going to be an exciting professional adventure. At the moment, the sector is hiring. The nuclear industry wants to recruit 10,000 to 15,000 people per year until 2030. To carry out all the projects that are planned, they will have to recruit lawyers too!

For those who are in university, I would say that the nuclear sector will need all the specialties of law: labour law, intellectual property law, contracts, public law, etc. However, if they wish to work on reactor construction projects, I would recommend that they focus on one or more of these subjects: public law, environmental law, contract law, private or public international law, energy law (if the training also covers nuclear law).

How did you hear about WiN France?

I got to know WiN Global and WiN France when I was working at the OECD Nuclear Energy Agency, because the NEA has a programme on the promotion of women in the nuclear sector. However, I was only able to become a member at the end of 2022, when I joined my firm. Since then, I have been happy to participate in the meetings of WiN France and I hope to be able to contribute to attracting lawyers to the nuclear sector.

What is the role of "women's" networks? An opinion, a commitment?

I think "women's" networks are important. We have come a long way, but women need to be more present at all levels of the organizations.

I think it’s essential to help young people in their careers and to help them find a work-life balance. However, the "older" generation has a lot to learn from the younger generation too. "Women's" networks allow them to exchange ideas in order to move everyone in the right direction.

[1] For more information on accidents in the nuclear sector, see Nuclear Accidents and Developments in Safety and Radiation Protection, Les Cahiers Historiques de l'ASN #01, November 2023.

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