Nuclear Plant on Mountain Top: Nuclear Plant on Mountain Top: Whether an Ecologically Sustainable Whether an Ecologically Sustainable

Answer to India’s Energy SecurityAnswer to India’s Energy Security

International Conference on Forest International Conference on Forest Mountain & People 2012Mountain & People 2012

12-13 December 201212-13 December 2012Colombo, Sri Lanka Colombo, Sri Lanka

Indian population & economy rapidly growing, energy needs have soared:

• Several species and landscapes threatened• One of the most threatened landscapes is Sahyadri or Western Ghats

Western Ghats:• One of the 8 biodiversity “hotspots” of the world • Designated as World Heritage Site by UNESCO in 2012• Western Ghats Ecology Expert Panel (WGEEP) in 2010 recommended that entire Western Ghats be protected

Jaitapur Project: India proposes the setting

up of a 9,900 MW nuclear power project

in Jaitapur, which falls in the eco-sensitive

Western Ghats region

Environmental clearance given to the Jaitapur Project based on outdated data

Lack of approval from the local population as required under the Environment Protection Act, 1986

Located in a seismically sensitive area Social impact assessment review conducted by Jamshetji Tata Centre

for Disaster Management – Project will have a detrimental impact on the social and environmental development of the region

In India, development, control and use of atomic energy is primarily overseen by the Department of Atomic Energy (DAE): • Governed by the provisions of Atomic Energy Act, 1962 • Rules framed by the DAE including, the Atomic Energy (Safe disposal of Radioactive

Wastes) Rules, 1987, the Atomic Energy (Factories) Rules, 1996 and the Atomic Energy (Radiation Protection) Rules, 2004

Atomic Energy Regulatory Board (AERB) • Constituted under the Atomic Energy Act• Answerable to the Atomic Energy Commission and supported by several committees and divisions

India ratified the Convention on Nuclear Safety of the International Atomic Energy Agency on March 31, 2005:

• Convention requires separation of functions between the regulatory body and the body concerned with the promotion/utilization of nuclear energy and independence of the latter

Inadequate legal and regulatory regime governing nuclear energy sector, disaster management and compensatory mechanism

Report by Comptroller and Auditor General of India (CAG) on ‘Activities of Atomic Energy Regulatory Board’ criticized several aspects of current regulation of atomic energy generation:• Limited role of AERB• AERB only reviews reports of on-site emergency preparedness plans proposed to be put in place by NPPs; management• Lack of proper mechanisms to verify safe disposal of radioactive waste• Inadequate mechanism for tracing lost/orphaned radioactive sources• Lack of regulatory framework to govern decommissioning of nuclear facilities; AERB

has only prescribed codes, guides and safety manuals; inadequate to prevent nuclear disaster

• NPPs have closed down without decommissioning plans

These regulatory issues must be seen in light of recent TEPCO Fukushima NPP accident: Declared as a ‘manmade accident’ in report of the Fukushima Nuclear Accident Independent Investigation Commission

Governed by Civil Liability for Nuclear Damage Act, 2010 and Civil Liability for Nuclear Damage Rules, 2011 (CLNDR)• Report on CLNDR by Standing Committee criticized Rule 24 and required it to be redrafted: Rule currently limits amount and time period of claiming liability• $ 250 billion: Estimated cost for clean-up of Fukushima nuclear disaster by Japan Center for Economic Research

Principle of ‘absolute liability’ propounded by Indian courts:• Enterprise engaged in hazardous/inherently dangerous activity would be absolutely liable to compensate persons affected by any accident• Liability not limited by usual force majeure events• Principle includes cost of restoring environmental degradation

Public Liability Insurance Act, 1991 enacted with the purpose of, amongst others, providing the victims with immediate relief excludes damages accruing from accidents caused by radioactivity

Bhopal Gas Tragedy - worst industrial disaster• Tragedy a culmination of several issues including poor maintenance of equipment, poor alarm systems and no public education by Union Carbide regarding safety• Legal battle pertaining to liability and payment of damages by Union Carbide and individuals responsible has lingered on

Koodankulam NPP, Tamil Nadu - facing severe opposition on grounds such as• Failure of regulatory authority to provide correct and timely information• Failure to share Environment Impact Assessment Report• Poor/impractical evacuation planning• Issues with regard to discharge of effluents

Kaiga NPP, Karnataka• In 2009, 50 employees treated for radioactive contamination by consuming contaminated drinking water: sabotage by an employee• Recently, it was reported as being a potential target of terrorists

In light of –• grave concerns raised in respect of regulation of development, control and use of

nuclear energy• past experiences of India and countries such as Japan in NPP• the fact that the Jaitapur Project is proposed to be set up in ecologically sensitive

and biodiversity rich Western Ghats region • absence of comprehensive legislative mechanism to govern the nuclear energy

sector, disaster management and a just compensatory mechanism

RecommendationsRecommendations - • Shelve the Jaitapur Project• India must explore and implement non-nuclear renewable energy sources on a large

scale basis• Implement recommendation of WGEEP to declare all of Western Ghats protected

Thank YouThank You

Thank YouThank You