According to NDTV, the Prime Minister asked the DAE how the provisions of the 2010 Act could be overruled and suggested the matter be referred to the Ministries of Law and Justice and External Affairs.
Activists citing concerns about the fate of local residents in the event of an accident at the Kudankulam nuclear power plant received a boost from an unexpected source with Prime Minister Manmohan Singh questioning the Department of Atomic Energy’s decision to waive its legal right to claim damages against the NPP’s Russian suppliers.
On Thursday, NDTV disclosed that Dr. Singh, who is also the Minister for Atomic Energy, has objected to a request by the Nuclear Power Corporation of India Ltd. — the operator of the Kudankulam facility — to waive its right to recourse under Section 17 of the Nuclear Liability Act if an accident in the yet-to-be-built units 3 and 4 results from faulty equipment.
A senior PMO official confirmed to The Hindu that the Prime Minister had raised certain questions and that the DAE’s answers were being awaited.
Under the terms of the December 2008 Intergovernmental Agreement (IGA) between Russia and India for the supply of units 1 and 2, the entire liability burden for accident-related damage must be borne by the Indian operator. Under Russian pressure, the DAE and NPCIL agreed last month that the same liability condition would carry over to units 3 and 4 despite the provisions of the Nuclear Liability Act, which became law in 2010. The DAE told the Cabinet Committee on Security that this was permissible since India had already committed itself in 2008 to making the Indian operator fully liable for any damages resulting from an accident.
According to NDTV, the Prime Minister asked the DAE how the provisions of the 2010 Act could be overruled and suggested the matter be referred to the Ministries of Law and Justice and External Affairs. In his notings, he also expressed the fear that other supplier nations would demand that NPCIL grant them a similar exemption from those provisions of the law that they did not like.
Article 13 of the India-Russia IGA on KK 1-2 states: “The Indian side and its authorised organisation at any time and at all stages of the construction and operation of the NPP power units to be constructed under the present Agreement shall be the Operator of power units of the NPP at the Kudankulam site and be fully responsible for any damage both within and outside the territory of the Republic of India caused to any person and property as a result of a nuclear incident occurring at the NPP.”
The fuel loading for KK1&2, both 1000 MW VVERs, will commence in mid-August and the first unit is expected to “reach criticality” by the end of September. A formal agreement for KK3&4 has yet to be signed at the apex level and the Prime Minister’s queries suggest the liability issue remains as big a hurdle today as it was in July 2010, when The Hindu first reported the Russian demand for exemption.
Routine matter: DAE
“This is a routine matter and it is not as sensational as it is made out to be,” DAE head R.K. Sinha told The Hindu on Thursday evening when asked to comment on Dr. Singh’s queries. “The Prime Minister is our Minister-in-charge. This matter is routine. Certain clarifications have been sought on this issue and we are providing it from the Department [of Atomic Energy],” said Mr. Sinha.
Keywords: Kudankulam nuclear plant, nuclear safety, nuclear liability, NPP, India-Russia relations, India nuclear policy
over-eager bureaucrats and easy-morale decisionmakers. Since they don't have to live near the plant, why should they care?
Have we not learnt enough from Bhopal Gas tragedy? Children are still born holes in their heart, handicapped and other disabilities. Why make a one sided deal? Are Russians offering all this for free, if not then why not dare have a fair deal?
The Prime Minister is in charge of Nuclear Department and nothing can
happen without his approval. NPCIL is no more independent than DAE in
all respects. As Chairman R. K. sinha has aid this may be a routine
matter and correspondence between different units of DAE.It is
unnecessarily made out to be a serious rethinking. If Russia is not
going to agree to the condition that is contemplated by NPCIL, I
wonder if there is any other country which will jump into the fray.
That doesn't mean we should agree to all terms the Russian or any
other party sets. It only means this is a matter to be negotiated and
some workable solution arrived at. we have to decide if we want the
reactors or not. In fact we see from reports that proposals for
reactors from France etc are held up due to the Nuclear Liability Act
and its implications. Tact rather than insistence are needed.
This objection by the PM is only for units 3 & 4 and whatever happens in units 1 & 2 only we are liable not the guys who gave us a faulty machine... This is crazy..
If I remember correctly,this was one of the most debated and disputed clause.Many, including the Left, had strongly ojected to this particular clause---putting the onus of bearing the whole burden of compensation in the event of an 'incident' on the Operator and leaving the supplier scot free.But the Union Govt. bowed to the pressure by the US and this is the result.Russia is taking advantage of the situation naturally.
wow, finally we know that our p.m can speak. I don't know where he got the courage to speak-up, or is it based on someone's instructions.
It may not be a simple matter to be brushed aside as the Head of DAE Sinha says.
In India everybody just wants to cover up such issues as they believe they will not be there to face the
consequences.
First we make laws; and then, allow waivers ! Why do we make laws?
If Russia give us something free of cost then they can be exempted from liability. In a sale if the equipment malfunction the manufacturer should be held responsible. Why should only India govt be responsible? We should stop giving order to Russia. If trade is not fair then we should source from other countries. Can we get the same exemption from Russia? They made noise when our tea quality was poor.
Good. We should not compromise for anything. An accident here can be more dangerous than Bhopal Gas Tragedy, which has its effects even today. Our successive Govt's failed at addressing those ill effects.
This is a very serious question that has been raised by the PM. But why raise the issue only now, just days before fuel is going to be loaded into KNPP Units I & II? In a way MMSingh is indirectly confirming that Russia is Not Liable in any accident in Units I & II. So who is liable then? Isnt that what the agitation has been all about? Demanding accaountability. Then why go in for Units III & IV with the Russians? Are TN people guinea pigs for Delhi? If one reads about what happened in Chernobyl and sees the pictures of it 25 years later, you will be shocked. The entire area 100 miles around Chernobyl is unfit for humans and even stray animals that go into that area have got cancer. While we can only wish that nothing unfortunate happens in KNPP, why allow Russians off the Liability hook at all? Isnt one Bhopal tragedy enough? We still complain about United Carbide/Dow in 2012. The PM needs to come clean about Russia's Liability in case of any incident. It is as simple as that Sir!
PM is damn right that NPCL should not exempt Russians from the likely damages in future. Our friends in USA will any ask for their share in such tragedies like Bhopal their legal system will protect US suppliers.
Why does not the prime minister talk about the Bhopal tragedy and the thousands of victims maimed for life. These NGO's funded by organisations in the USA and Western Europe have a definite agenda which is to disrupt progress. Had the nuclear power station been built by a USA based company it would be safe and no questions raised. No wonder India will take another 100 years to reach the economic level of present day China. The Olympics have shown the dismal state of India with one bronze medal as of today. Declining exports show the low quality, below standard items which are technically inferior making buyers think twice before buying again Indian manufactured items. Recently there was a huge trade mission to Iran trade promotion. A huge party was given for Iranian businessmen. The next day in all persian language Iranian newspaper an article appeared stating Indian tea imported is adulterated with chemical colours and scents used and should not be imported putting lives at risk
I don't find any support from PM.. He just want to make a small clarification from DAE and
others as to why this exception was made and wants to make sure that no other such offers
be given exemption in the future.. Pls don make this a issue and feed the activist in KK who
are already waiting for any opportunity..
Let's privatize the Power sector and we will get away with many problems
in the power sector today. Since the govt involvement in power sector we
don't even know if this nuclear plant is what we need for energy needs.
let the market place decide what kind of power we need and at what
price.
The Government of India asserted that the individual contractors and suppliers must bear the costs of repairs, restoring normalcy, and making the community whole again after an accident. Though the probability such an event is infinitesimally small, these costs are potentially astronomical and that no individual contractor has agreed to such a stipulation. Thus by default, in case there is an accident such costs will fall to the Government. If it is any consolation, Kundankulam is not alone in this predicament– this is standard practice the world over inside the Nuclear power industry. On this planet there is no company which will mortgage its entire present and future assets to pay for one accident. Our alternative is simple – keep the plant idle, generate no power and stay 100% safe. In the real world there is no perfect solution leading to sufficiency in energy. In this case it is not constructive to point fingers – rather, this is best compromise the engineering leaders had.
PM has raised valid objections and hope this gets resolved soon.
Note: An article that I expect to be published in The Hindu instead of the crap about how many "likes" Mamta has got in facebook
We are Indians.World is in fast track.Expecting the sufficient energy
from hydro-electric projects are a foolishness only ! Solar , Wind and
sea waves are not balancing the cost of erection and product. But
atomic reactors are much feasible and sufficient in production. If it
is indigenous manufactured erection will be ultra profitable.
Yet another instance of selling India's interest,particularly treating the residnts of Koodankulm as vermin by the DAE is despicable.Are they Indian or agents of the vendors,whoever it may be whether Russians or others?This has to be condemned and the people of Tamilnadu should rise above differences and express their anguish.This is a democratic country and we can fight against any agency which is trying to sell our interests.Prime minister, is the repressentative of the people,whose foremost duty is to safeguard proples'inerest and country's rights and not to tow the lines of an agency which seems to go against us.DAE should be patriotic first and they should not behave like brokers.
Will PM state who is responsible for the outage due to northern and eastern grid failure.Loss would be no less than compared to nuclear accident , if we can compute indirect losses and human suffering possibly leading to loss of life.
If we start doubting ourselves we will be nowhere. honestly we are in no position to dictate at stage of this NPP
When PM is also the Minister for Atomic Energy, how is it possible for the DAE and NPCIL to conclude which is against Nuclear Liability Act? If PM is serious about this agreement with respect to Units 3 & 4, he should review the liability clause for Units 1 & 2 also where the entire liability on account of disaster lies with India.
This report sounds more like a propaganda message to show PM in
good light.
Atleast now he woke-up. If hope he will be firm in his question.
Nuclear Power Corporation of India Ltd wanted to wrap the burning issue of liability under the carpet. Kudos to The Hindu for bringing it to the public. I can only warn these petty politicians/bureaucrats to cover public safety that may lead to kill thousands of people together. And you also want to escape from liability so that you don't have pay anything in case of accidents. What a inhuman way of treating human life and assets. Burning hell is waiting for you guys!. Dr. Kalam has proposed a big project to the surrounding areas of Koodankulam. I don't see any one listened his proposal to implement.
DAE is directly under the PM. He has to take responsibility for what DAE does. If DAE has
taken any decision without consulting him, it is a matter between them. The country has
nothing to do with it.
nuclear accident liability is subject of concern and PMO had done a right job by asking DAE the liability in case of accident ..the worst case of nuclear accident we had seen in japan so this matter is very important for the security of citizen
Sir,
Honestly, our PM does not deserve his chair. What seems to be a fundamental question is coming from the Prime Minister when the plant is about to be commissioned. Day by day, by his inaction, as well as by his delayed actions, the country's progress is going down the drain....
PM has woken up! Better late than never!
At last our prime minister has risen from his slumber and has put forward this question. Did he know who was the PM of this country when the right to recourse for Unit 1 and 2 were signed?
Were the MOUs for all the units not signed in advance. Who is he trying to fool around now? Is he playing to the American gallery and pushing India's power needs to the backfront.
I have been writing to the Hindu for nearly three years now about this
pampering the Russians while putting strictures on the U.S and French
suppliers. The U.S was being castigated all along that they
pressurized us into signing the Nuclear deal -- while they have not
been given permission even to open one plant, the Russians get away
with a liability-free plant. For fifty years now, we have lost half
our MiG fleet due to accidents caused by faulty design and sub-
standard aircraft. What more it will take to maintain this "time-
tested friendship"?
We were told that Russian & French reactors / technology were all first class, fool-proof and will never fail
I think the PM has not been properly briefed by the scientists---all of whom are dedicated, patriotic and absolutely brilliant.
If a department working directly under him had taken a decision on a very important and
serious matter like the one reported above , the Prime Minister has to take full responsibility
for it. Even though the friendly media may kill this news, the PM will have to face the
parliament's wrath? The cup of woes of the PM is fast getting full.
Good planning MrPM. You are prepping TN people for 2014 election starting now! MrYuvraj is not worthy of PMs role, so quit it. You can try all you want but congress ain't get TN in its pocket! We're always for Amma or Kalaignar.
If you were really concerned with people of TN you'd have done something when the people were protesting i.e. before JJ took a U turn and killed the protests. She used the people too.
With statements like these and minority appeasement you can make a impact but don't fancy the results going in your favor.
I believe that rules for Kudankulam units 3 and 4 must be the same as
the terms of the December 2008 Intergovernmental Agreement (IGA) between
Russia and India. That is the entire liability burden for accident-
related damage must be borne by the Indian Government/operator.
Experience has shown that most of the accidents happen due to human
error or improper maintenance of the equipment. Once India decided on
the adequacy of the Russian Pressurized Water Reactor (PWR) design, the
government cannot blame problems due to equipment malfunction on the
supplier at a later time.
Why is PM asking it now? What was he doing all these time the plant was built, during the agitations,etc.
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