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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPEALLATE JURISDICTION CIVIL APPEAL NO. 4440 OF 2013 (Arising out of S.L.P. (C) No.27335 of 2012) G. Sundarrajan …. Appellant Versus Union of India and others … Respondents WITH CIVIL APPEAL NO. 4441 OF 2013 (Arising out of S.L.P. (C) No.27813 of 2012) WITH CIVIL APPEAL NO. 4442 OF 2013 (Arising out of S.L.P. (C) No.29121 of 2012) WITH CIVIL APPEAL NO. 4443 OF 2003 (Arising out of S.L.P. (C) No.32013 of 2012) J U D G M E N T
K.S. Radhakrishnan, J.
1. Leave granted.
2. We are in these appeals concerned with an issue of considerable national and international importance, pertaining to the setting up of a nuclear power plant in the South-Eastern tip of India, at Kudankulam in the State of Tamil Nadu. The incidents occurred in Three Miles Island Power Plant USA, Chernobyl, Ukraine, USSR, Fukoshima, Japan, Union Carbide, Bhopal might be haunting the memory of the people living in and around Kudankulam, leading to large-scale agitation and emotional reaction to the setting up of the Nuclear Power Plant (NPP) and its commissioning. The nature of potential adverse effect of ionizing radiation, adds to fears and unrest which might not have even thought of by Enrico Fermi a noble laureate in physics in 1938, who was responsible for the setting up of the first Nuclear reactor in a Doubles quash Court at Slagg Field, at the Chicago University, USA. Since then, it is history, India has now 20 Nuclear Reactors, in place, and the world over about 439, but people still react emotionally, for more reasons than one, when a new one is being established.
3. People’s concern was mooted, even in the Constituent Assembly when it deliberated the issue before constituting India into a Sovereign Democratic Republic and adopting and enacting the Constitution of India.
GENERAL
4. The Constituent Assembly discussed the formal legal framework to regulate atomic energy in the year 1948 and the legislation by the name Atomic Energy Act, 1948 (29 of 1948) was enacted. That Act envisaged the constitution of an Atomic Energy Commission (AEC) and a Department of Atomic Energy (DAE) and both were established in the year 1954. The AEC is the apex body of the Central Government for atomic energy that provides direction on policies related to atomic energy. It consists of eminent scientists and technocrats, secretaries to different ministries, senior officials from the office of the Prime Minister. The AEC has to report to the Prime Minister of India on various policies related to atomic energy. DAE deals with the development and implementation of nuclear power and related nuclear fuel cycle activities and research and development activities carried out in various units under it. Baba Atomic Research Centre (BARC), formerly AEE, was also established in the year 1954 and research reactors namely Apsara, Cirus and Dhruva were set up in the year 1956, 1960 and 1985 respectively. The control and development of atomic energy in the country and matters connected therewith were then regulated by Act 29 of 1948.
5. Parliament having taken note of the developments in the field of atomic energy and with a view to implement the future programme of expansion in the field, thought it necessary to have a comprehensive legislation dealing with Atomic Energy, consequently, Act 29 of 1948 was repealed and the Atomic Energy Act, 1962 (33 of 1962) (in short the Act) was enacted which came into force on 29.01.1962. The Act has been enacted to provide for the development, control and use of atomic energy for the welfare of the people of India and for other peaceful purposes. The Central Government, in exercise of the powers conferred under Section 27 of the Act, constituted the Atomic Energy Regulatory Board (AERB) vide notification dated 15.11.1983 to carry out certain regulatory and safety functions envisaged under Sections 16, 17 and 23 of the Act. The AERB have powers to lay down safety standards and frame rules and regulations in regard to the regulatory and safety requirements envisaged under the Act and have to report to AEC. The Act underwent amendment vide amending Acts 59 and 29 in the years 1986 and 1987 respectively. However, the major amendment was of the year 1987, vide Amending Act 29 of 1987, by which the Central Government was empowered to produce and supply electricity from atomic energy. For achieving the envisaged target of nuclear power generation, a nuclear power corporation or a Government company was also decided to be set up which would design, construct and operate nuclear power stations in India. Following that, a separate public sector company, namely, the Nuclear Power Corporation of India (NPCIL) with a view to design, build and operate nuclear reactors in the country was created in September 1987. NPCIL is a wholly owned by the Government of India undertaking which functions under the administrative control of DAE.
NATIONAL POLICY:
6. The Parliament in unequivocal terms has pronounced its national policy through the Act, that is to develop, control and use of atomic energy for the welfare of the people of India. The Central Government has also been entrusted with the power to provide for the control over radioactive substances or radiation generating plant and to provide for the production and supply of electricity from atomic energy etc. Central Government have also got the power to require any substance which contains uranium, plutonium or any of their isotopes and extract from that any substance which is essential to the atomic energy programme. The Act, though, provides the basic regulatory framework for the regulation of nuclear related activity, we have other related laws which have to be applied and read in tandem like the Factories Act, 1948, the Indian Electricity Act, 2003, the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control Regulation) Act, 1981, the Water (Prevention and Control of Pollution) Cess Act, 1977, the Indian Explosives Act, 1884, the Disaster Management Act, 2005, the Atomic Energy (Radiation Protection) Rules, 2004, the Industrial Radiography (Radiation Surveillance) Procedure, 1980, the Atomic Energy (Factories) Rules, 1996, the Atomic Energy (Working of Mines, Minerals and Handling of Prescribed Substances) Rules 1984, the Atomic Energy (Safe Disposal of Radioactive Waste) Rules, 1987, the Radiation Surveillance Procedure for Medical Application of Radiation, 1989 and the Atomic Energy (Control and Irradiation of Food) Rules, 1996 and so on.
7. The Central Government, as per the Act, is legally obliged to develop a sound and adequate national policy in regard to atomic power and to coordinate such policy with the Central Electricity Authority (CEA) and the State Electricity Boards (SEBs) constituted under the Act for the generation of electricity in pursuance of such policy and to operate atomic power stations in the manner determined by it in consultation with the Boards or Corporations concerned. Section 22, which deals with the provisions for the generation of electricity, reads as follows:
“22. Special provision as to electricity.-
1) Notwithstanding anything contained in the Electricity (Supply) Act, 1948 (54 of 1948 ), the Central Government shall have authority—
(a) to develop a sound and adequate national policy in regard to atomic power, to co- ordinate such policy with the Central Electricity Authority and the State Electricity Boards constituted under sections 3 and 5 respectively of that Act and other similar statutory corporations concerned with the control and utilisation of other power resources, to implement schemes for the generation of 1[ either by itself or through any authority or corporation established by it or a Government company,] electricity in pursuance of such policy and to operate atomic power stations in the manner determined by it in consultation with the Boards or Corporations concerned, with whom it shall enter into agreement regarding the supply of electricity so produced;
(b) to fix rates for and regulate the supply of electricity from atomic power stations 2[ , either by itself or through any authority or corporation established by it or a Government company, in consultation with] the Central Electricity Authority;
(c) to enter into arrangements with the Electricity Board of the State in which an atomic power station is situated, 1[ either by itself or through any authority or corporation established by it or a Government company] for the transmission of electricity to any other State: Provided that in case there is difference of opinion between the Central Government 1[ or such authority or corporation or Government company, as the case may be] and any State Electricity Board in regard to the construction of necessary transmission lines, the matter shall be referred to the Central Electricity Authority whose decision shall be binding on the parties concerned.
2) No provision of the Indian Electricity Act, 1910 (9 of 1910 ), or any rule made thereunder or of any instrument having effect by virtue of such law or rule shall have any effect so far as it is inconsistent with any of the provisions of this Act.
(3) Save as otherwise provided in this Act, the provisions of this Act shall be in addition to, and not in derogation of the Indian Electricity Act, 1910 (9 of 1910 ), and the Electricity (Supply) Act, 1948 (45 of 1948 ).”
8. As a sequel to that national policy, the Central Government, with the active cooperation of AEC, BARC, NPCIL, AERB etc., have already set up about twenty operating power reactors in the country with installed nuclear capacity of 4780 MWe, which have been commissioned over the last four decades from the year 1969 to 2011. Seven more units with a capacity of 5300 MWe are under construction (commissioning). The latest one to be commissioned is at Kudankulam in the State of Tamil Nadu. The first nuclear power plant (NPP) in the country Tarapur Atomic Power Station (TAPS) units 1 and 2, based on boiling water reactors (BWR), was supplied by General Electric USA and became operational in the year 1969. The Rajasthan Atomic Power Stations (RAPS) 1 and 2 with two 200 MWe were established in 1970s at Rawatbhata in Rajasthan with the technical cooperation of AECL (Canada). Later, in 1980s two 220 MWe Pressurized Heavy Water Reactors (PHWRs) Madras Atomic Power Station – 1 and 2 were constructed at Kalpakkam in Tamil Nadu. Later, India developed a standardized design of 220 MWe PHWRs. Four reactors of that standardized design were built, two each at Narora in Uttar Pradesh (Narora Atomic Power Station – 1 and 2) and Kakrapar in Gujarat (Kakrapar Atomic Power Project – 1 and 2). Those plants became operational in 1990s. Later eight more units of standardized 220 MWe PHWRs were built, four each at Kaiga in Karnataka (Kaiga Generating Stations units 1-4) and Rawatbhata in Rajasthan (RAPS Units 3-6). India in 1990s undertook the design and development of 540 MWe PHWR. Two reactors based on that design became operational in 2005- 06 at Tarapur. India has also developed 700 MWe design with limited boiling in the coolant channels. The construction of four such units was almost completed at Kakrapar and Rawatbhata sites. Currently, 500 MWe Prototype Fast Breeder Reactor (PFBR) is under construction at Kalpakkam. PFBR is built with the design and technology developed at Indira Gandhi Centre for Atomic Research (IGCAR). Over and above, India has now set up two PHWRs of VVER based NPPs (2 X 1000 MWe) at Kudankulam in Tamil Nadu with the co-operation of Russian Federation which is the subject matter of this litigation.
9. India draws bulk of its electricity, above 64%, from thermal sources, especially coal. Hydro power comes second of 18% and then renewable sources provide small share at about 15%. We are informed that, at present, the share of nuclear energy is hardly three per cent of India’s total electricity production, while France accounts for 74.6% as on 2008. NPPs provide about 6% of the world’s energy and 13-14% of the world’s electricity with U.S., France and Japan together accounting for about 50% of nuclear generated electricity. U.S.A. has 104 nuclear reactors and more than 100,000 MWe of electricity is produced by nuclear generation. International Atomic Energy Agency (IAEA) has reported that in the year 2007, there were 439 Nuclear Power Reactors in operation in the world operating in thirty one countries. The DAE, it is reported, plans to increase its nuclear energy production to 20000 MWe by 2020 and 63,000 by 2030. The Policy makers consider that the nuclear energy remains as an important element in India’s energy mix for sustaining economic growth of natural and domestic use. One of the reasons for preferring nuclear energy as an alternative source of energy is that it is a clean, safe, reliable and competitive energy source which can replace a significant part of the fossil fuels like coal, oil, gas etc. Oil and natural gas resources might exhaust themselves. Coal is also not an effective substitution since forests are also no longer able to satisfy the energy requirements. Major source of electricity generation, about 66%, is still contributed by fossil thermal powers, like coal. To put into practice the national policy, India has already entered into various collaborations with most of the developed countries which have proved expertise and experience in the field of establishment and production of nuclear energy.
10. Economic growth and energy support have to go hand in hand, for the country’s development for which India has entered into various collaboration agreements with U.S.A., Canada, Russia etc. and several NPPs have already been set up in the country. Government of India, in implementation of its national policy, had made a joint statement with U.S.A., called Indo-U.S. Joint Statement 2005, for a renewed global civil nuclear energy co-operation. A co-operation agreement called 2007 Co- operation Agreement was also entered into between India and U.S.A. for the peaceful uses of nuclear energy. This was later followed by the Indo- France Joint Statement in September, 2008. A Joint Statement was made in February 2010 with United Kingdom. Above facts would indicate that in order to give effect to the National Policy for development, control and use of atomic energy, India has entered into various bilateral treaties and arrangements with countries which have considerable expertise and experience. For establishing the NPP at Kudankulam, India had entered into an inter-governmental agreement with the erstwhile USSR in November 1988 followed by a supplementary agreement on 21.06.1998 signed by India and Russia which is in tune with India’s National Policy.
11. India’s National Policy has been clearly and unequivocally expressed by the legislature in the Atomic Energy Act. National and International policy of the country is to develop control and use of atomic energy for the welfare of the people and for other peaceful purposes. NPP has been set up at Kudankulam as part of the national policy which is discernible from the Preamble of the Act and the provisions contained therein. It is not for Courts to determine whether a particular policy or a particular decision taken in fulfillment of a policy, is fair. Reason is obvious, it is not the province of a court to scan the wisdom or reasonableness of the policy behind the Statute. Lord Macnaughten in Vacher & Sons v. London Society of Compositors, (1913)AC107(118)HL has stated:
“Some people think the policy of the Act unwise and even dangerous to the community……But a Judicial tribunal has nothing to do with the policy of any Act which it may be called upon to interpret. That may be a matter for private judgment. The duty of the Court, and its only duty is to expand the language of the Act in accordance with the settled rules of construction.”
12. In CCSU v. Min. (1984) 3 All ER 935 (954) HL, it was held that it is not for the Courts to determine whether a particular policy or particular decision taken in fulfillment of that policy are fair. They are concerned only with the manner in which those decisions have been taken, if that manner is unfair, the decision will be tainted with that Lord Diplock labels as ‘procedural impropriety’.
13. This Court in M.P. Oil Extraction and Anr. v. State of M.P. and Ors., (1997 )7SCC 592 held that unless the policy framed is absolutely capricious, unreasonable and arbitrary and based on mere ipse dixit of the executive authority or is invalid in constitutional or statutory mandate, court’s interference is not called for. Reference may also be made in the judgment of this Court in M/s. Ugar Sugar Works Ltd. v. Delhi Administration & Ors., (2001) 3 SCC 635; Dhampur Sugar (Kashipur) Ltd. v. State of Uttranchal and Ors. (2007) 8 SCC 418 and Delhi Bar Association v. Union of India and Ors., (2008) 13 SCC 628. We are therefore firmly of the opinion that we cannot sit in judgment over the decision taken by the Government of India, NPCIL etc. for setting up of KKNPP at Kudankulam in view of the Indo-Russia agreement. Courts also cannot stand in the way of the Union of India honouring its Inter-Governmental Agreement entered into between India and Russia.
14. We may, however, focus our attention on various other issues raised in these appeals in the light of the provisions of the Atomic Energy Act, Rules and Regulations framed thereunder, International conventions, covenants entered into by India with other countries, AERB Code of Practices and Safety Guides, Expert’s opinion, Environmental and other related laws. Part I of this judgment, we propose to deal with the safety and security of NPP, International Conventions and Treaties, KKNPP Project, NSF and its management and transportation, DGR, Civil Liabilities, DMA, CSR and other related issues and in Part II, we mainly focus on the environmental issues, CRZ, Desalination Plant, Impact of Radiation on Eco- system, Experts opinions etc. PART I
15. KKNPP has been set up by NPCIL based on the Indo-Russia Joint Agreement under the guidance and supervision of AEC, BARC, AERB, MoEF, TNPCB, Central and State Governments etc. ARGUMENTS – FOR AND AGAINST
16. Shri Prashant Bhushan, learned counsel appearing for the appellant in SLP Nos. 27335 of 2012, submitted that having seen the experience at Three Mile Island (USA), Chernobyl in Russia and Fukushina in Japan etc., safety of the people and the environment are of paramount importance and if the units are allowed to be commissioned before making sufficient safeguards on the basis of the recommendations made by the Task Force of NPCIL, it may lead to serious consequences which could not be remedied. Learned counsel submitted unless the seventeen recommendations made by the Task Force appointed by NPCIL are implemented before commissioning the plant, serious consequences may follow. Learned counsel submitted that AERB and NPCIL are legally obliged to implement the recommendations and this Court sitting in this jurisdiction is bound to safeguard the life and property of the people residing in and near Kudakulam which is a fundamental right guaranteed to them under Article 21 of the Constitution of India.
17. Mrs. Nagasaila, learned counsel appearing for the 8th respondent in SLP (C) No. 27813 of 2012, also pointed out that sufficient safeguards have not been taken for the safe disposal of the radioactive waste and no site has so far been identified for the safe handling of radioactive waste, failing which it may cause serious health hazard. Learned counsel also pointed out that even, at the plant site, there is no proper facility for storage of spent fuel and high level radioactive waste. Learned counsel also pointed out that no adequate measures have been taken to safeguard the life and property of the people in case of any potential disaster, in accordance with the Disaster Management Plan.
18. Learned Attorney General appearing for AERB submitted that the plant has been set up after following all the safety standards laid down by AERB. The design of KKNPP incorporates advance safety features complying with current standards of redundancy, reliability, independence and prevention of common cause failures in its safety system. Further, it was also pointed out that the design takes care of Anticipated Operational Occurrences (AOO), Design Basis Accidents (DBA) and Beyond Design Basis Accidents (BDBA) like Station Black Out (SBO), Anticipated Transients Without Scram (ATWS), Metal Water reaction etc. Further, it was pointed out that the Board of AERB met on 23.3.2011 and took stock of safety and NPPs in the light of Fukushima accident. AERB also constituted a High Level Committee of Specialists to review and recommend safety upgrades as required to handle extreme external events of natural origin. Learned Attorney General also pointed out that KKNPP design also has several Advanced Safety Features, including those for ensuring safety against external events of natural origin and for management of design basis as well as beyond design basis accidents. Further, it was pointed out that, over and above, steps are being taken to implement the 17 recommendations made by the Task Force of NPCIL and that, amongst them, few recommendations have already been implemented.
19. Shri Rohington Nariman, learned Solicitor General of India appearing for NPCIL, submitted that KKNPP is a 3+Generation NPP and its design incorporates advanced safety features complying with current standards of redundancy, reliability, independence and prevention of common cause failures in its safety systems. The design includes provisions for withstanding external events like earthquake, tsunami/storm, tidal waves, cyclones, shock waves, aircraft impact on main buildings and fire. KKNPP also incorporates various additional safety features like Quick Boron Injection System, Passive Heat Removal System, Second Stage Hydro Accumulators, Passive Hydrogen Re-combiners, Annulus Passive Filtering System (Passive System), Core Catcher etc. Details of further safety measure adopted have already been elaborately stated in the counter- affidavit filed by NPCIL on 26.9.2012. Learned Solicitor General submitted that KKNPP is absolutely safe even without the 17 recommendations made out of abundant caution by AERB. Learned Solicitor General submitted that the 17 recommendations of AERB would also be complied with in a phased manner, out of which 7 have already been implemented.
20. Shri Mohan Parasaran, learned Additional Solicitor General of India, appearing on behalf of respondent no. 1, while referring to the affidavit filed by the Union of India, submitted with regard to the process – “Re- processing and Disposal of Spent Fuel” - that most of the spent fuel i.e. 97% is capable of being reused, the remaining 3% of the spent fuel consists of various Fission Products (FPs) and Minor Actinides (MAs). All MAs have varying half-lives/decay periods, the dominant amongst them have half-lives of the order of 1 lakh 70 thousand years. Each NPP has a water storage pool for storage of spent fuel, namely “Spent Fuel Storage Bay” (SFSB). Those pools are temporary storage facilities for recyclable fuel and are essentially water filled concrete vaults with SS lining, having the arrangement for storing spent fuel in racks. They are designed, constructed and operated as per the AERB Guidelines and requirements. It was also stated that AERB Safety Guide ‘Design of fuel handling and storage systems for pressurized heavy water reactors – AERB/SG/D-24” deals with the safety in design of storage of spent fuel. Further, it was also pointed out that the transportation of spent fuel is governed by the Regulations specified by AERB in “Safety Code for the transport of radioactive materials – AERB/SC/TR-1’ and international requirements given in IAEA Regulation for safe transport of radioactive material, 2005. Learned Additional Solicitor General also submitted that the Department of Atomic Energy is also aware of the importance of safety and security and takes utmost care to ensure that the management and transport is carried out safely, following the internationally recognized norms and regulations and that the same is done under the supervision of AERB and Government of India.
21. Government of India’s decision to establish the NPP at Kudankulam, as already stated, cannot be questioned before this Court being part of a National Policy. Lot of scientific literatures, experts opinions etc. have been produced before us to show its dangers, harm it may cause to human health, environment, marine life and so on not only on the present generation but on future generation as well. Further, it was also pointed out that due to growing nuclear accidents and the resultant ecological and other dangers, many countries have started retreating from their forward nuclear programmes.
22. We have already indicated that these issues are to be addressed to policy makers, not to courts because the destiny of a nation is shaped by the people’s representatives and not by a handful of judges, unless there is an attempt to tamper with the fundamental Constitutional principles or basic structure of the Constitution.
23. We are however deeply concerned with the safety and security of the people of this country, its environment, its flora and fauna, its marine life, ecology, bio-diversity and so on which the policy makers cannot be on the guise of national policy, mutilate or rob of, in such an event the courts can unveil the mask and find out the truth for the safety, security and welfare of the people and the mother earth.
Safeguards and Security
24. Safety and security of the people and the nation are of paramount importance when a nuclear plant is being set up and it is vital to have in place all safety standards in which public can have full confidence to safeguard them against risks which they fear and to avoid serious long term or irreversible environmental consequences. It is, therefore, necessary to examine at some length the safety standards already in place to allay the fears expressed at some quarters.
25. Let us first examine whether the project proponent has taken adequate safety requirements in site and off site of the KKNPP and followed the Code of Practices laid down by AERB and nationally and internationally recognized safety methods. Before examining those issues, we have to first examine the role of the AERB in the matter of setting up of nuclear plant and what are the codes and safety guides laid down by the AERB for maintaining high safety standards for setting up and for the functioning of nuclear plants in the country.
AERB Safety Codes
26. AERB, as already indicated, was constituted by the Central Government in exercise of powers conferred under Section 27 of the Act to carry out certain regulatory and safety functions envisaged under Sections 16, 17 and 23 of the Act vide notification dated 15.11.1983. The functions to be discharged by the Board have also been enumerated in the said notification which reads as follows:
i) Develop Safety Codes, Guides and Standards for siting, design, construction, commissioning, operation, and decommissioning of the different types of plants, keeping in view the international recommendations and local requirements and develop safety policies in both radiation and industrial safety areas.
ii) Ensure compliance by DAE and non-DAE installations of safety codes and standards during construction commissioning stages
iii) Advise AEC/DAE on technical matters that may specifically be referred to it in connection with the siting, design, construction, commissioning, operation, and decommissioning of the plants under DAE.
iv) Review from the safety angle requests for authorizing/commissioning/operation of DAE Projects/plants. Before authorization of commissioning / operation of the plant / project is granted, the AERB will be satisfied by appropriate review of:
a) Final design Analysis Report prepared by the project plant;
b) Commissioning reports and results thereof; and
c) Proposed operating procedures and operational limits and conditions; that the plant/project can be operated without undue risk to the operating personnel and the population. For this purpose, AERB may ask for relevant additional supporting information.
v) Review health and safety aspects of modifications in design/operation involving changes in the technical specification adopted in any of the DAE units.
vi) Review operational experience in the light of the radiological and other safety criteria recommended by the International Commission on Radiological Protection, International Atomic Energy Agency and such other international bodies and adapted to suit Indian conditions, and I thereby evolve major safety policies.
vii) Prescribe acceptable limits of radiation exposure to occupational workers and members of the public and approve acceptable limits of environmental release of radioactive substances. (In the DAE units, the AERB shall also prescribe limits for environmental release of conventional pollutants).
viii) Review the emergency preparedness plans prepared by the different DAE units, similar plans for non-DAE installations and during transport of large radioactive sources (eg. Irradiated fuel kilo/mega curie sources, fissile materials).
ix) Promote research and development efforts for fulfilling the above functions and responsibilities.
x) Review the training programme, qualifications and licensing policies for personnel by the project/plants.
xi) Prescribe the syllabi for training of personnel in safety aspects at all levels.
xii) Enforce rules and regulations promulgated under the Atomic Energy Act, 1962 for radiation safety in the country and under the Factories Act, 1948 for industrial safety in the units under the control of DAE.
xiii) Maintain liaison with statutory bodies in the country as well as abroad regarding safety matters.
xiv) Take such steps as necessary to keep the public informed on major issues of radiological safety significance.
xv) Perform such other functions as may be assigned to it by the Atomic Energy Commission.
xvi) Send reports periodically to Chairman, AEC on safety status including observance of safety regulations and standards and implementation of the recommendations in all DAE and non DAE units. It will also submit an Annual Report of its activities to Chairman, AEC.
27. The notification clearly states that the Board shall be assisted by the DAE SRC and DRP BARC in the performance of its functions at (ii), (iv),
(v) and (xii) mentioned above. The AERB has also been entrusted with the powers of the competent authority to enforce rules and regulations framed under the Act for radiation safety in the country. The powers have also been entrusted with the AERB to administer the provisions of the Factories Act 1948, the industrial safety for the units of DAE as per Section 23 of the Act. The AERB under its programme of developing Codes and Safety Guides issued four Codes of practice covering the following topics namely
(i) Safety in Nuclear Power Plant Siting; (ii) Safety in Nuclear Power Plant Design; (iii) Safety in Nuclear Power Plant Operation; (iv) Quality Assurance for Safety in Nuclear Power Plants. Those Codes are intended to establish the objectives and to set the minimum requirements that have been fulfilled to provide assurance that nuclear power plants will be sited, designed, constructed and operated without undue risk to personnel, public and environment. The Code of Practice for Nuclear Power Plant Siting provides appropriate criteria and outlines the procedures to be applied to assess the suitability of a site for the location of nuclear power plant taking into account, the operational requirements and accidental conditions. The same has to be prepared following the criteria laid down by DAE for selection of site and the relevant IAEA documents under the Nuclear Safety Standards (NUSS) programme specially the Code of Practice for Nuclear Power Plant Siting and similar documents from various leading countries. The Code of Practice on Safety in Nuclear Power Plant Siting was issued by the AERB on March 9, 1990. The Code encompasses site-related characteristics, natural events and man-induced events specific to the site which will have a bearing on the safety of the plant and the radiological impact on the environment and population due to the location of NPP at the site. The Code also lays down appropriate criteria and outlines the procedures for assessing the suitability of a site taking into account the operational requirements and accident conditions. The Code also indicates the extent of site-related information required to be obtained and also defines site-related design bases. Certain man-induced events like war, acts of sabotage which can cause large scale damage to the plant safety systems, however, are beyond the scope of 1990 Code, in other words, the Code prescribes minimum requirements in siting considerations for limiting the radiological impact. The main aim is protection of man and his environment. The Code outlined the requirements for limiting doses to man.
28. The AERB in October 1999 issued guidance for the Preparation of Off- Site Emergency Preparedness Plans for Nuclear Installations. This document has been issued as a lead document to facilitate preparation of specific site manuals by the responsible organization for emergency response plans at each site to ensure their preparedness to meet any eventuality due to site emergency in order to mitigate its consequences on the health and safety of site personnel. The document also takes cognizance of an earlier AERB publication on the subject: “Safety Manual on Off-Site Emergency Plan for Nuclear Installations” issued in the year 1988. While drafting this document, reference has been also made to the documents of the IAEA and also the statutory requirements laid down in the Manufacture, Storage and Transport of Hazardous Chemicals Rules, 1989 as well as the amendments incorporated therein subsequently.
29. The purpose of these Safety Guidelines is to lay down the requirements of the Regulatory Body for the operating organization and state public authorities in preparing an emergency response plan for off- site emergency for the nuclear installation. Radiological emergencies at the nuclear installations are mainly categorized as Plant emergency alert; Plant emergency; Site emergency and Off-site emergency. The operating organization is responsible for handling the first three categories of emergencies, while the off-site emergencies involving radiation fallout in the public domain is handled by the state public authorities with the technical input and guidance from the operating organization and the Regulatory Body. The main objectives of this Safety Guidelines are stated hereunder:
i) To provide detailed guidelines for nuclear installations in the country on the essential components of off-site emergency preparedness and response plans at each installation taking into consideration any ongoing construction activities at the off- site.
ii) To elaborate various aspects of the response plan such as:
Emergency Organisation, Emergency Equipment and Facilities needed outside the nuclear installation in order to protect the site personnel from risks of undue radiation exposure.
iii) To advise on other aspects such as: enforcement of off-site emergency plans, conduct of periodic off-site emergency drills to ensure readiness of the nuclear installation for handling off- site emergencies.
iv) To indicate guidelines on off-site related factors, which may influence management of off-site emergencies.
v) To highlight the need for the operating organization/plant management to establish and maintain communication lines between the site, the headquarters of the operating organization, Regulatory Body and the state public authorities for prompt and effective use in times of off-site emergency.
30. The AERB has also issued the document “Preparedness of the Operating Organization for handling Emergencies” at Nuclear Power Plants in March 2000. This document supplemented the Code of Practice on Safety in NPP Operation (AERB/SC/O). The purpose of this document is to prescribe guidelines for the development of a state of preparedness for response to emergencies at nuclear power plants. The main objectives of this safety guide are given as follows:
a) To highlight to plant management the various categories of emergencies that could rise at NPP;
b) To focus on the contents of the emergency manuals in respect of resources and procedures to help respond adequately to emergency situations;
c) To emphasize the responsibilities of plant management regarding personnel, plant and site emergency and responsibilities of the State Government in respect of off-site emergency and need for close liaison between Plant Management and Public Authorities;
d) To bring out the importance of maintaining efficient and effective communication links among Plant Management, Operating Organisation, Responsible Organisation, Regulatory Body, State Authorities and the Department of Atomic Energy Crisis Management Group (DAE-CMG); and
e) To develop the infrastructure including manpower and their training.
31. The AERB issued another safety code in August 2000 on “Regulation of Nuclear and Radiation Facilities”. This document has been issued to spell out the minimum safety related requirements/obligations to meet by a nuclear or radiation facility to qualify for the issue of regulatory consent at every stage leading to eventual operation. The Code also elaborates on the regulatory inspection and enforcement to be carried out by the Regulatory Body on such facilities. This document has also been prepared by the AERB from the information contained in the relevant documents issued by IAEA under the NUSS programme especially the Code on “Governmental Organization for Regulation of Nuclear Power Plants” (50-C- G).
The main objectives of the Code are to ensure that:-
a) Only such practices are permitted which are justified in terms of their societal and/or individual benefits,
b) Radiation protection is duly optimized in all nuclear/radiation facilities,
c) Radiation doses to the personnel in these facilities, and to the members of the public in their vicinity, do not exceed the prescribed limits and
d) The potential for accidental exposures from the facilities remains acceptably low.
32. The scope of the Code also covers the various facilities and activities like mining and processing of radioactive ores and minerals; uranium/thorium processing and fuel fabrication plants , heavy water plants, research reactors, experimental reactors and critical assemblies, nuclear power plants, fuel reprocessing plants, radioactive waste management facilities, industrial facilities related to nuclear fuel cycle activities, transport of radioactive materials, medical applications of radiation, industrial and agricultural applications of radiation, research applications of radiation, and all other practices involving the handling of radioactive sources.
33. The AERB also issued another safety guide on October 2002 on “Design of Fuel Handling and Storage Systems for Pressurized Heavy Water Reactors”. The Code of Practice on Design for Safety in Pressurized Heavy Water Based Nuclear Power Plants (AERB/SC/D,1989) lays down the minimum requirements for ensuring adequate safety in plant design. The safety code issued in October 2002 is one of a series of guides. The objective of this safety guide is to specify the minimum requirements to be met in the design of fuel handling and storage system in PHWR. It is intended to be used by the designer to ensure safety of plant and personnel by providing adequate measures for prevention of accidents and mitigation of adverse consequences, should an accident occur, in other words, the scope of this guide includes the safety in design of equipment for handling and storage of new fuel, spent fuel and other irradiated core components, which are related to handling of fuel including handling and storage of failed or damaged fuel bundles. The guide also addresses the safety aspects in fuel handling control and instrumentation and auxiliary equipment related to the fuel handling system. Design provisions to facilitate inspection and testing of fuel handling and storage systems are also covered in that guide. The same has been prepared following the safety standards laid down by IAEA. The Code has been prepared by specialists in the field drawn from the AERB, BARC, IGCAR and NPCIL.
34. Various codes and safety standards issued by the AERB, referred to above, mainly deal with siting, design, construction, operation, quality assurance, decommissioning etc. Safety codes and safety standards are formulated on the basis of nationally and internationally accepted safety criteria for design, construction and operation of specific equipment, systems, structures and components of nuclear and radiation facilities. Further, India has also entered into various bilateral treaties and is also a party to various international conventions on nuclear safety, physical protection of nuclear material, nuclear accident, radiological emergency and so on. India, as already stated, is also governed by the safety and security standards laid down by IAEA. A brief reference to those conventions, treaties and IAEA may be apposite.
INTERNATIONAL CONVENTIONS, BILETERAL TREATIES ETC.:
35. India is not a signatory to the Nuclear Non-Proliferation Treaty (NPT). India is, however, party to various international conventions, such as:
The Convention on the Physical Protection of Nuclear Material, which was adopted on 26.10.1979 and was signed at Vienna and at New York on 3.3.1980. The Convention makes it legally binding for States parties to protect nuclear facilities and material for peaceful domestic use, storage as well transport. It also provides expanded cooperation between and among States regarding rapid measures to locate and recover stolen or smuggled nuclear material, mitigate any radiological consequences of sabotage and prevent and combat related offences.
36. The Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency was adopted by the General Conference at its special session 24-26.9.1986 and was opened for signature at Vienna on 26.9.1986 and at New York on 6.10.1986.
37. The Convention on Nuclear Safety was adopted on 17.6.1994 by a Diplomatic Conference convened by IAEA at its Headquarters from 14- 17.6.1994. The Convention was opened for signature on 20.9.1994.
38. The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, the first legal instrument to directly address these issues on a global scale, was opened for signature on 29.9.1997 and entered into force on 18.6.2001.
39. The Convention on Early Notification of a Nuclear Accident establishes a notification system for nuclear accidents which have the potential for international trans-boundary release that could be of radiological safety significance for another State. Date of adoption is 26.9.1986.
40. India has also entered into various Bilateral Civil Nuclear Co- operations. India has entered into a cooperation agreement with France for the construction of ERR Power Plants (10,000 MWe) at Jethapur site in Maharashtra, which also comprises of cooperation in the areas of research, safety and security, waste management, education etc., followed by various other commercial contracts as well. India and Canada have finalized the terms for their nuclear deal paving the way for Canadian firms to export Uranium to India in the year 2010. Discussions are on for safe nuclear cooperation as well with Canada.
41. India has also signed civil nuclear deal with Mongolia for supply of uranium to India. MOUs on the Development of Co-operation on Peaceful Uses of Radioactive Minerals and Nuclear Energy by senior officials of the Department of Atomic Energy of both the countries. India has also entered into agreements with Namibia including one on civil nuclear energy which allows for supply of uranium from Namibia. India-Namibian Agreement for Peaceful Uses of Nuclear Energy allows for supply of uranium for setting up of nuclear reactors. India-Kazakhstan have also signed a pact on nuclear co-operation in April 2011 and agreed to have collaboration in nuclear energy for peaceful purposes. Discussions are on to execute a civil nuclear agreement with Argentina.
42. India-U.S. issued an Inter U.S. Joint Statement at Washington on 18.7.2005 which has located the final broad policy so as to actually facilitate and also outline the broad contours of a legally binding agreement. Some of the policy frameworks relate to preventing WMD Proliferation, goals of prompting nuclear power and achieving nuclear energy, expeditious consideration of fuel steps for safeguarded nuclear reactors etc. Nuclear 2007 – an agreement for co-operation between India and U.S. concerning peaceful uses of nuclear energy (2007 Co-operation Agreement) laid down certain binding obligations between the two countries. Though, India is not a party to any of the Liability Conventions, specifically, IAEA Vienna Convention on Civil Liability for Nuclear Damage, India has enacted the Civil Liability for Nuclear Damage Act, 2010 (Nuclear Liability Act) which aims to provide a civil liability for nuclear damage and prompt compensation to the victims of a nuclear accident through No- Fault Liability to the operators.
International Atomic Energy Agency (IAEA)
43. IAEA is an independent international organization situated in Vienna, Austria is related to the United Nations system, its relationship with the United Nations is regulated by special agreement. The IAEA reports annually to the United Nations General Assembly and when appropriate, to the Security Council regarding non-compliance by States with their safeguards obligations as well as on matters relating to international peace and security. The IAEA works with its member States and multiple partners worldwide to promote safe, secure and peaceful nuclear technologies. The IAEA has the responsibility to help member States to put in place the necessary infrastructure needed to develop nuclear energy safely, securely and peacefully and it works with member States to coordinate research to design reactors that are economical, safe and proliferation-resistant.
44. The IAEA’s object is to maximize the contributions from nuclear technologies to human well being while minimizing their risks. Few facts and trends highlighted in the report prepared by an independent commission at the request of the IAEA in May 2008 highlights the ten key facts and trends which frame the nuclear opportunities and challenges the world now faces. The report highlights that to sustain rapid global economic growth, it is necessary to double the supply of energy and tripling supply of electricity by 2050. Further, it is stated billions of poor people need energy and other life saving and job creating technologies. The report also noticed that energy prices are increasing, a broader reliance on nuclear energy whose prices are much less dependent on its fuel costs conceivably could help to ameliorate those tensions and risks. The report highlights that the world still dependent on burning coal, oil and natural gas for 80% of its energy supply surging energy use causes surging emissions of greenhouse gases disrupting the climate with potentially catastrophic results. Nuclear energy, it is stated, is a readily expandable source of low-carbon baseload electricity and in the future might also help to meet other energy needs such as hydrogen production and water desalination.
45. The IAEA’s International Project on Innovative Nuclear Reactor and Fuel Cycles (INPRO) brings many States together to consider approaches to safer, cheaper, more secure and more proliferation-resistant nuclear systems with effective management of nuclear waste. India is in partnership with the IAEA and has incorporated many of its directives in the code of practice framed by the AERB, hence there could be no compromise on safety and security of the NPPs in the country. We have elaborately discussed the Safety and Security Code of Practices laid down by AERB, IAEA and its supports so as to allay the apprehension or fears expressed from various quarters on the safety and security of KKNPP and its effect on human life, property and environment and we notice that adequate and effective protection measures are in place.
46. Parliament, as we have already indicated, is very much concerned with the safety and security of its people and its environment. The Preamble of the Act pronounces in an eloquent terms that it has been enacted for the development, control and use of atomic energy for the “welfare of the people of India”. People’s comfort, happiness, prosperity and the economic growth of the nation is always the concern of their representatives in the Parliament. Safety and security of people in that process have to be in the uppermost mind of the legislature. Keeping in mind that concern, special provisions have been incorporated for the safety and security. Reference has already been made to Section 17 of the Act which casts an obligation on the Central Government to ensure proper rules with regard to the safety, which we have already examined at length. We have also examined both nationally as well as internationally accepted guidelines for safety and security of the people of the Nation and notice that those are being followed. In People’s Union for Civil Liberties and Another v. Union of India and Others, (2004) 2 SCC 476, the Court held that the Atomic Energy Act deals with a sensitive subject. Statutory scheme contained in the provisions of the Act, the Rules framed thereunder, composition of the AEC and AERB leave no manner of doubt that the effective functions of the nuclear power plants are sensitive in nature. Various Codes of Practice, safety guidelines, extensively discussed above and the decision taken in various international conventions and the guidelines laid down by various international agencies followed by India are meant to protect the life and property of people including the environment, guaranteed under Article 21 of the Constitution of India.
KKNPP Project
47. The Government of India, following its national nuclear policy, decided to set up a NPP in the southern part of the country. DAE, for that purpose constituted a Site Selection Committee (SSC) for selecting a suitable site in the coramandel coast of Tamil Nadu. The Committee, after surveying various sites, selected Kudankulam in the Tirunelveli District of Tamil Nadu as the most suitable place for locating NPP. NPCIL also made a detailed study of the selected site in the light of the Code of Practice framed by AERB regarding safety in NPP Siting. Kudankulam, the site located, is situated on the Shore of Gulf of Mannar near the South-Eastern tip of India in the coastal track at an elevation of +3 to +45m above MSL forming the southern fringe of soil covered plains. Most of the rivers in the area are seasonal and there are no major lakes, dams or ponds existing within 20 km radius around project site. The climate in the area is arid and is similar to other coastal regions. As per IMD Station at Kanyakumari, the wind speed is in the range of 6 to 30 km/hr. The ambient temperature varies in the range of 21°C - 34°C, while the relative humidity ranges from 68% to 80%. Geologically, the site is made up of the Archean super group of crystalline rocks, sedimentary rocks of Precambrian origin and recent quaternary deposits. The geological profiles studied up to 80m depth indicates that the site comprises of highly metamorphosed rocks with granulated and amphibolites faces of charnokites belonging to the archean super group. NPP site is situated in the South of Pandian movable belt, the metamorphic rocks of which are the foundations of ancient platform.
48. The NPP site is situated in an area with expected earthquake intensity of up to V on the modified intensity scale. The site area falls within the seismic zone II which is a moderately stable area as per Seismic Zoning Map (SZP) of India. The strongest earthquake near this area and within the Indian peninsula was Coimbatore earthquake of February 1900. The epicentre of this earthquake was situated at a radial distance of 300 km from the proposed NPP site. The site of the plant lies in zone II of the SZP of India, where shocks of intensity VI or magnitude 5 can occur. In the region, no shock of magnitude 5 is known to have occurred at less than 100 km distance from the plant site. Within the distance of 300 kms., some 27 earthquakes of intensity IV to VIII or a magnitude ranging between 4 to 5.7 are known to have occurred from 1341 to 1972. A detailed study was also conducted as to whether a site-plant interaction would reduce any radiological risk or others of an unacceptable magnitude. Radiological risk to nuclear plant due to external events should not exceed the range of radiological risk associated with accidents of internal origin and the possible radiological impact of a NPP on the environment should be acceptably low for normal operation and accident conditions and within the stipulated criteria for radiological safety. In evaluating the suitability of a site for locating a NPP, the effect of external events (natural and man-induced) on the plant; effect of plant on environment and population; and implementation of emergency procedures particularly protective counter-measures in the public domain, had to be addressed. SSC study also included the assessment of seismicity, location of faults, geology, foundation conditions, meteorology, potential of flooding (from tsunami, storm surge etc. at coastal sites and from rain, upstream dam break, etc. at inland sites), proximity to airports, military installations, facilities storing explosive and toxic substances etc. The environmental setting comprising of bio-diversity including flora and fauna, marine ecology etc. in the region was also evaluated. SSC had taken care of all those aspects before making its recommendations to the Government. NPCIL, Union of India and other statutory authorities had taken care to follow the practice laid down by AERB on safety in NPP site.
49. KKNPP consists of two VVER-1000 types of units having 1000 MWe rating each. VVER reactors being established at KKNPP belong to the family of Advance Pressurized Water Reactors (PWRs) and presently 439 nuclear reactors are under operation in the world and about 209 of them belong to PWR family, including 55 VVERs. The construction activities had started at the site on 31.3.2002 and two units are being implemented with the technical assistance of Russian Federation as per the Inter Government Agreement (IGA) between India and Russia. As per the agreement, design and supply of major equipments are done by Russian Federation, while construction, erection, commission and operation are being carried out by NPCIL. KKNPP is of a most modern design. PWR cooled and moderated by light, water and its core containing the nuclear fuel is located inside a pressure vessel. There are no pressurizing tubes, no graphite moderator and no boiling of water in the core. The reactor is located inside an air tight primary containment building which is surrounded by secondary containment. There are other design features in NPP which assure adequate core cooling under deconceivable off-normal conditions including total loss of electric power. Even for the hypothetical case of a core melt down, a core catcher is provided where the molten core is retained and cooled and the double containment ensures that there will be no significant radiological impact in the public domain. NPP, has been divided into three stages, first stage comprises of building PHWR’s and using natural uranium. The second stage includes setting up ‘Fast Breeder Reactor’s backed by reprocessing plants and plutonium based fuel fabrication plants. The third stage is based on the thorium-uranium-233 cycle.
Nuclear Spent Fuel (NSF)
50. Radioactive wastes is generated during operation, maintenance and decommissioning of nuclear and radiation facilities. The waste generated needs to be managed in a safe manner to ensure protection of human health and the environment from the undue effects of ionizing radiation now and in future without imposing undue burden on future generations. Radioactive waste is to be managed in a manner that ensures compliance with the fundamental principles of radiation protection and environmental safety. Monitoring and surveillance programme helps to ensure radiation protection of the occupational workers, public and the environment. The Central Government in exercise of powers conferred by sub-section (1) read with clause (i) of sub-section (2) of Section 30 and clause (b) of sub-section (1) of Section 17 of the Act framed the Atomic Energy (Safe Disposal of Radioactive Wastes) Rules 1987, which provide requirements for the safe disposal of radioactive wastes in the country. The disposal has to be done in accordance with terms and conditions specified in the authorization which include the process materials and equipments generating radioactive wastes in the installations, environment around the installation, safety devices and other equipments in the installation for conditioning, treatment and disposal of radioactive wastes, estimates of annual releases, discharges and leakages in normal conditions and its anticipated environment impact, potential accidents, design features and monitoring equipment to control the release of radio activity and procedure to be followed in the safe collection of radioactive wastes. The Hazardous Waste Management and Handling Rules 1989 provide that these rules will not apply to radioactive wastes (Rule 2e). The radioactive wastes are covered under the provisions of Atomic Energy Act, 1962 and rules framed thereunder. Further, Rules 2(b) and 3 of Manufacture, Storage and Import of Hazardous Chemical Rules 1989 under the Environmental (Protection) Act, 1986 has notified AERB as the authority to enforce directions and procedures as per the Atomic Energy Act, 1962 with respect to radioactive materials.
51. The AERB issued a code “Management of Radioactive Waste” on June 22, 2007, the objective of that is to establish the requirements, which shall be fulfilled for the safe management of solid, liquid and gaseous radioactive waste from generation through disposal. The code specifies basic requirements for the safe management of radioactive waste from nuclear and radiation facilities such as mining and milling and processing of uranium and thorium ores; fuel fabrication; nuclear power plants; research/experimental reactors; fuel reprocessing; medical, industrial, agriculture and research facilities using radionuclides; and other facilities handling radioactive materials. The safety code also deals with the requirements for radiation protection aspects in design, construction and operation of waste management facilities and the responsibilities of different agencies involved. The code is also applicable to the management of radioactive waste containing chemically and biologically hazardous substances even though other specific requirements may additionally be applicable as per relevant standards. The specific requirements pertaining to management of radioactive waste from application of sealed/unsealed sources, mining and milling of uranium/thorium ores and site remediation are covered in Appendices A, B and C respectively of that code. Appendix D provides requirements of transportation/transfer for radioactive solid and liquid waste. Annexures I and II of the Code deals with the principles, philosophy and basic steps of management of radioactive waste. The code specifically states that deep geological disposal methodology of high level radioactive solid waste requiring long time isolation of thousands of years from biosphere is presently under development. Para 2.2 of the code specifically refers to Protection of Human Health and the Environment. The said para is of considerable importance, hence given below in detail:
“2.2 Protection of Human Health and the Environment 2.2.1 Radioactive waste shall be managed within the dose constraints and other safety requirements prescribed by the regulatory body.
2.2.2 Radiation exposure to workers and the public from radioactive waste shall be kept as low as reasonably achievable, social and economic factors being taken into account. A well-defined radiation protection programme shall be established for radioactive waste management. Approved procedures and control measures shall be used for radiation protection.
2.2.3 Radiation exposures to workers and the members of public shall not exceed the limits prescribed by the regulatory body.
2.3 Effluent Release Criteria, Control and Monitoring 2.3.1 Radioactive waste shall be characterized, monitored segregated, treated and conditioned, as necessary, prior to disposal.
2.3.2 Radioactive discharges to the environment (aquatic, atmospheric and terrestrial route) shall not exceed the limits prescribed by the regulatory body.
2.3.3 At a given site, facility specific disposal schemes for radioactive solid, liquid and gaseous wastes to the environment shall be established and got approved by the regulatory body prior to the commencement of operation.
2.3.4 The facility shall assess the adequacy of controls on release of activity into the environment and demonstrate compliance with the regulatory requirements. The facility shall obtain approval from the regulatory body, if the discharges exceed the authorized limits.
2.3.5 For all non-radiological releases/discharges, the relevant clearances shall be obtained from respective statutory agencies and stipulations therein shall be complied with.
2.4 Environment Monitoring and Surveillance 2.4.1 The facility shall implement approved environmental monitoring and surveillance programme for the identified exposure pathways to meet the requirements set by the regulatory body. The programme shall include pre-operational, operational, closure, and post-closure monitoring and surveillance.
2.4.2 The facility shall implement approved quality assurance programme on sampling, monitoring and analysis to ensure a reliable data.
2.5 Safety Assessment 2.5.1 A Safety assessment report shall be prepared for waste management facilities including waste disposal facilities/repositories to demonstrate compliance with the regulatory requirements.
2.5.2 Assessments shall be made to identify various possible sequences of internal or external events that may lead to incidents or accidents and to evaluate their impact on workers, the public and the environment.
2.5.3 Assessments shall be made to identify, describe and analyse the potential non-radiological impact of releases from radioactive waste management facilities on human beings, the environment (soil, water, air, and non-human biota) and natural resources.
2.5.4 The safety assessments of the long-term performance of a waste disposal facility/repository shall take account of the radionuclide content, physic-chemical characteristics of the waste/waste form and the effectiveness of engineered / natural barriers.”
52. Responsibilities associated with the Radioactive Waste Management are also dealt with in the Code. Safe management of radioactive waste requires clear allocation of responsibilities of the agencies involved which may involve transfer of the responsibility of the management of radioactive waste from one facility to another or to a different agency other than the one responsible for the operation of the facility. The continuity of responsibility required to be ensured through regulatory control by a licence or a sequence of licences according to the procedures laid down by the regulatory body. The code provides that the waste generator / manager or both shall be responsible for identifying on an appropriate time-scale, a destination for the waste in accordance with the regulatory requirements and for seeking any necessary authorization. The waste generator/manager shall dispose of the radioactive waste in an approved manner or transfer it in an authorized manner to another waste manager for processing, storage or disposal. Para 3.2.6 of the code specifically refers to the publication of the waste generator/manager.
53. Para 4 of the code specifically deals with predisposal measures to be taken by Predisposal Management of Radioactive Waste. Para 5 of the code deals with near surface disposal of solid waste which says that solid waste disposal deals with emplacement of waste in approved facilities. Further, it also stated that disposal may be in a Near Surface Disposal facility (NSDF) or a Deep Geological Repository (DGR). The design, construction, operation and post-operation of the NSDF has to meet necessary safety requirements. Appendix II of the code deals with the principles and philosophy of radioactive waste management.
NSF AND MANAGEMENT OF WASTE:
54. Serious apprehension has been voiced by the appellants that huge amounts of radioactive waste are generated with the use of nuclear energy which, unless handled, treated, transported, stored and disposed off safely without any leaks, can cause serious contamination of land, water, food, air and the ecosystems. Further, it was also the case of the appellants that during the nuclear fission process, nuclear plants convert almost all of their fuel into radioactive waste with little reduction in mass and even re-processing creates its own high-level waste. Further, it was also pointed out that many of the repositories designed to be temporary ones are turning into permanent ones and the interim storage is by its very nature storage for a small period, which can never be a substitute for permanent geologic repository. Appellants further pointed out that, as on today, no sustainable solution has been found or implemented worldwide so as to do away with nuclear waste. Appellants also submitted that, under the earlier Agreement of 1988 with Russia, nuclear waste had to be shifted back to Russia and the site clearance and environment clearance are based on this factor. However, a new agreement was signed in the year 1998 under which nuclear waste had to be retained and stored in India.
55. Management of radioactive waste includes all types of radioactive waste generated from the entire fuel cycle right from mining uranium fuel fabrication through reactor operations, and whole re-processing spent fuel. A coherent, comprehensive and consistent set of principles by way of IAEA document titled “Storage and Disposal of Spent Fuel and High Level Radioactive Waste”, AERB Safety Guide to AERB Management of Radioactive Waste Code 2007 are already in place. Further, the 15 member team in its report, in December 2011, has to say this on spent fuel management.
“6.3 Spent Fuel Management:
First and foremost it should be remembered that Spent Fuel is not a waste in the Indian Nuclear Programme. A closed fuel cycle is followed, where the valuable fissile materials like Uranium and Plutonium which are present in the Spent Fuel are recovered to reuse.
1) Spent fuel is therefore an asset that needs to be preserved. At Kudankulam, Spent Fuel from the Reactors will be carefully stored in Storage Pools, which are always filled with pure, demineralised borated water which is constantly recirculated. These pools are high integrity concrete pools which are additionally lined with stainless steel sheets, to ensure effective containment for extended periods of time. The Department of Atomic Energy has long experience and expertise of a high order in the safe management of Spent Fuel.
2) There is no plan to do the reprocessing of the Spent Fuel at Kudankulam site. As such the storage of Spent Fuel at Kudankulam is to be considered only as an interim measure till they are transported to a Reprocessing Facility.
3) Adequate Technology and years of experience are available with Department of Atomic Energy for transporting Spent Fuel from one site to another through both Railways and by roadways, in a safe manner without any public hazard. This is done as per stipulations of AERB, regarding Transport Regulations that govern safety.”
56. NPCIL, MoEF and the Department of Atomic Energy (DAE) have filed a detailed counter affidavit on the various issues posed by the appellants. NPCIL, DAE submitted that even though, as per the earlier agreement of 1988 between India and USSR, spent fuel had to be transported to Russia, in a subsequent agreement in 1998 signed between two countries, Government of India had insisted that it should be allowed to retain the spend fuel in India, so that it could be recycled and used. Spent fuel, it is stated, discharged from the reactor contains materials suitable for recycling and hence could be reused to produce electricity. The spent fuel contains minerals, both uranium and plutonium, which constitutes about 96% and 1% of the spent fuel respectively. The remaining 3% contains other components that are normally not recyclable. Further, it has also been pointed out that KKNPP had adequate provisions for safe storage of spent fuel. In KKNPP, Spent Fuel Pool (SFP) is located inside the primary containment, adjacent to reactor cavity which has the capacity to store fuel equivalent to 7 years of full power operation of the plant plus one full core load. AERB Safety Guide “Design of fuel handling and storage systems for pressurized heavy water reactors – AERB/SG/D-24” deals with the safety in design of storage of spent fuel. NPCIL submitted that they are scrupulously following the safety guidelines issued by AERB. However, the Nuclear Recycle Group of the BARC has got an overall view of radioactive waste management in India and has developed certain guidelines for management of nuclear fuel.
NSF WASTE - TRANSPORTATION:
57. The SNF from NPPs, after an adequate storage period, is transported to reprocessing facilities located within the country, following the International and AERB guidelines and standards. NPCIL, DAE and MoEF have maintained the stand that they are aware of the importance of safety and security and have taken care to ensure that the management and transportation of spent fuel is carried out safely following the international recognized norms and regulations and the same is being done under the observation of AERB and the Government of India.
58. SNF poses a dangerous, long-term health and environmental risk and it is often said that it remains dangerous “for time spans seemingly beyond human comprehension.” Issue, needless to say, is of great concern. It may be noted, twenty years of work on establishing a ‘geologic repository’ at Yucca Mountain, USA, had to be abandoned when the Department of Energy decided to withdraw its licence application for the facility. NPCIL has maintained SNF is being kept at the site for re-processing or transported to a permanent repository and how save it is, if not properly kept, as we have already indicated, can cause serious health hazard not only to the present generation but to the future generation as well, to whom we owe a responsibility.
59. India has got the capability for re-processing SNF, experts say. Currently, India has three operating processing plants based on solvent extraction process – one each at Trombay, Tarapur and Kalpakkam. Trombay plant reprocesses the spent fuel from research reactors with the capacity of 60 tons per year. The plants at Tarapur and Kalpakkan process off-site fuels from PHWRs with operating capacity of 100 tons per year each. Additional re-processing facilities are being set up with the active participation of the Indian industry to accelerate the programme.
60. We notice that with the limited resources of uranium available in India, the indigenous achievable NP is estimated to be 10,000 MWe by PHWR, without re-processing. With the help of re-processing, the achievable capacity could go up to 63000 MWe imported LWR and recycling LWR fuel to 275,000 MWe, by 2052. NPCIL has, therefore, taken up the stand that re- processing of spent fuel is the key to the country’s three stage nuclear power programme. 97% of the SNF is capable of being re-used, but what has to be done with regard to the remaining 3% SNF, is a moot question, since it is not re-useable, which consists of various fission products and minor actinides. This 3% waste comprises of minor actinides which have a long half-life of lakhs of years. Experts, however, say that if the minor actinides are “partitioned” or removed, the rest of the waste is dominated by FP’s having a half-life of about 30 years and so in 10 half-lives (300 years) will have negligible activity and the partitioned minor actinides can then be “transmuted” or burnt by inducing fission in Fast Breeder Reactors or in Accelerator Driven Systems (ADS).
Facts mentioned above would indicate that certain percentage of SNF will have long life of lakhs of years and will have some impact on the environment, but how to contain that?
The Supreme Court of Pakistan in Human Rights (Environmental Pollution in Baluchistan) PLD 1994 SC 102, took suo moto notice of a paper report of dumping nuclear waste along the Coast of the province of Baluchistan. The Court directed that provisional Government to investigate the claim and ruled that such dumping of Nuclear Waste is in violation of the fundamental rights to life enshrined in Article 9 of the Constitution.
61. We may, in this connection, refer to the judgment of the US Court of Appeals in State of New York, ETAL v. NRC and USA dated 8.6.2012. In that case, the Court was dealing with the issue regarding temporary storage and permanent disposal of nuclear waste. The Court held that the Nuclear Regulatory Commission’s evaluation of the risks of spent nuclear fuel is deficient in two ways: First, in concluding that permanent storage will be available “when necessary,” the Commission did not calculate the environmental effects of failing to secure permanent storage – a possibility that cannot be ignored. Second, in determining that spent fuel can safely be stored on site at nuclear plants for sixty years after the expiration of a plant’s license, the Commission failed to property examine future dangers and key consequences.
62. We notice that the above decision would not directly apply to the facts of the present case. United States is following “open fuel cycle” process where spent fuel is not reprocessed, but disposed of treating the same as waste but, in India, we follow “close fuel cycle” process, where reprocessing of SNF to obtain uranium and plutonium is an essential step.
63. AERB, way back in 1989, had recommended to have an Away from Rector Storage (AFR) facility at KKNPP for prolonged storage of SNF while granting siting clearance. Design-Safety aspects of AFR, it is stated, would be reviewed by AERB, one such facility is already available at Tarapur, where it is reported that there has been no adverse impact on the environment issue of such storage. AERB, in subsequent reviews, made recommendations with respect to AFR facilities. In ACPSR 126th Meeting held on 15/16.9.2011, the issue related to AFR was reviewed and it was recommended that AFR should be finalized well before 5 years of operation.
DEEP GEOLOGICAL REPOSITORY (DGR):
64. Permanent DGR, India may require, after a few decades, states NPCIL. Research and development work, we are informed, are in progress over three decades in the field of in-situ experiments, natural barrier characterisation, numerical modelling, conceptual design and natural analogue of waste forms and repository processes. Keeping in line with the international developments, initial focus of work in 80’s centred mainly on setting up of generic Underground Research Laboratory (URL), in one of the abandoned mines in India and resulted in the development of an underground chamber in Kolar goldmine located in South India. Current efforts within the Indian geological repository programme are directed towards granite based URL. The experts feel that setting up of a DGR is not much of a technological challenge, but as is the case internationally everywhere, the issue is more of a socio-political issue.
65. We are of the view that these issues have to be dealt with by the Experts in the field, evidently, without much delay. The AERB Safety Code on “Management of Redioactive Waste” of 2007 does not deal with the requirements for DGR. The problem of this nature is being faced by all the nuclear plant operating countries, including India. Research is on to handle SNF in DGR which, in the near future, let us hope, would be a reality, but that shall not deter us in holding up of such a project which has been established at KKNPP in implementation of the India’s Nuclear Policy.
66. We may, however, caution that it is of utmost importance that the Union of India, NPCIL etc. should find out a place for a permanent DGR. Storing of SNF at NPP site will, in the long run, poses a dangerous, long term health and environmental risk. NPCIL and the Union of India is bound to look at the probabilities of potentially harmful events and the consequences in future. Noticeably, NPCIL does not seem to have a long term plan, other than, stating and hoping that in the near future, it would establishes a DGR. The Atomic Energy Act, especially Section 17, envisages present and future safety of our NPPs and the lives and environment around. NPCIL and the Union of India must have a hard look at the environmental consequences of its action of setting up of NPPs, hence a permanent DGR is of utmost importance, which they should plan now.
Radioactive material
67. We are all exposed to the naturally occurring radiation in our daily lives. Cosmic radiation from outside the solar system is also common phenomenon. Earth’s crust is radioactive, so also above the earth’s surface where we fly by aeroplane, we also get doses of radiation. Medical diagnostic treatment such as X-Ray, CT-Scan, angiography, angioplasty also radiates radioactive dose. However, the development of nuclear reactors which, for the first time, made possible the production of radioisotopes of many different elements, expanded the field of radioactive materials. Production and use of it, therefore, is bound to create a little bit of marginal radiation which seldom can be prevented. The Atomic Energy (Radiation Protection) Rules, (Radio Protection Rules now) were initially framed and revised in 2004. According to the Rules no person could handle radioactive material or operate any radiation generating equipment except in accordance with the terms and conditions of a licence. The Atomic Energy (Control of Irradiation of Food) Rules, 1990 (revised in 1996) seeks to regulate the irradiation of foods in the country. Provisions of the Act, statutory rules and regulations, various codes, safety standards etc. issued by the AERB buttressed by the technical assistance provided by IAEA, NEA, The World Association of Nuclear Operations (WANO) etc. are being followed in India in respect of 20 operating power reactors which are existing in this country. Safeguarding the nuclear plants, radioactive materials and ensuring its physical security have therefore become a central part of nuclear law. Risks arising from NPP, do affect not merely the country which choose to use that technology but can have catastrophic consequences to the neighboring countries as well. Non-proliferation, disarmament and peaceful use are stated to be the three pillars of all the international conventions. Nuclear technologies and techniques, it is well accepted, can offer vital benefits for improving human-well being, like health care, radio-therapy, food security, agricultural advantages to the present and generation.
68. The Prime Minister of India, as already indicated, ordered a fresh review of all safety of NPPs, on 11.3.2011, immediately after the accident at Fukushima NPP, Japan with respect to external events. The Prime Minister of India had emphasized that the safety of nuclear power plants was a matter of highest priority for the Government and called for safety audits of all the NPPs. NPCIL, the operating agency, constituted separate task forces to review safety of NPPs depending on types of reactor designs and their vintages in India. NPCIL constituted broad categories of Indian NPPs to make an assessment of :
- Boiling Water Reactors (BWR) (TAPS 1&2).
- Pressurized Heavy Water Reactors (PHWRs) at RAPS 1&2
- PHWRs at MAPS 1&2
- Standard PHWRs from NAPS onwards
69. The Task Forces reviewed safety of the NPPs with a postulated scenario of non-availability of off-site and on-site electric power and water supply sources. The reports of the task forces are summarized in a document titled “Safety Evaluation of Indian NPPs Post Fukushima Incident” to provide an integrated assessment of strength of Indian NPPs to withstand extreme external events. Report was submitted by the end of March 2011. Over and above, two more task forces were constituted for VVERs one of which was for the VVER, Presssurised Water Reactors (PWR), under construction at KKNPP, and another for 700 MWe PHWRs. NPCIL also constituted task forces on safety evaluation of the systems of KKNPP Post Fukushima which gave its interim report on 11.05.2011. The task force found that KKNPP had already incorporated all safety standards, including passive systems to ensure reactor shutdown.
70. The AERB, in pursuance of the direction of Prime Minister, constituted a high level committee (AERBSC-EE) to review safety of NPPs against external events of natural origin (post Fukushima accident) with national level experts in the areas of (i) design, safety analysis and NPP operation and (ii) external events in the field of seismology, hydrology and earthquake engineering to carry out a comprehensive review of capability of NPPs to deal with external events within and beyond design basis. The committee constituted specialist working groups and they reviewed the following major areas:
- External events in relation to the safety of NPPs
- Safety of electrical, control and instrumentation systems against external events
- Safety of NPPs under prolonged Station Black Out (SBO) and loss of Ultimate Heat Sink
- Safety of spent fuel storage facilities at NPPs against external events
- Severe Accident Management provisions and guidelines (SAMG) AERBSC-EE submitted its report on 31.08.2011. The AERB has also taken cognizance of self-assessment carried out by the NPCIL and the site specific focused regulatory inspections. The NPCIL and AERB report indicate that the overall assessment of safety of Indian NPPs following Fukushima Nuclear accident and the actions taken/planned based on the lessons learnt are enumerated in the report. The following aspects were addressed :
i) External Events
ii) Design
iii) Severe Accident Management and Recovery (Onsite)
iv) National Organisations
v) Emergency Preparedness and Response and Post-Accident Management (Offiste)
vi) International Cooperation
71. The Government of India also submitted a National report in May 2012 on the actions taken for Indian NPPs, subsequent to Fukushima Nuclear Accident to the Convention on Nuclear Safety in the Second Extraordinary Meeting of contracting parties, held in August 2012 at Vienna.
72. The expert committee of AERB, LWR in its final report dated 31.8.2011 gave 17 safety measures by way of abundant caution. We have directed NPCIL to file a status report with respect to the completion date of implementation of all the 17 recommendations made by AERB in Annexure-A of the Post Fukushima AERB Recommendations. A comparative chart giving the status and implementation of Post Fukushima AERB Recommendations has been filed as Annexure-A by NPCIL in its affidavit dated 3.12.2012, which will indicate that twelve recommendations have already been complied with, except the following:
|Sr. |Recommendations |Status |Completion | |No. | | |Schedule | |3. |Mobile self-powered |Two fire tenders with |April 2013 | | |pumping equipment for |diesel operated pump is | | | |emergency use. |available at site. | | | | |To augment the capacity, | | | | |two additional fire | | | | |tenders are being | | | | |procured and made | | | | |available.  One portable| | | | |DG set is readily | | | | |available for use at | | | | |site. | | | | |Portable measuring | | | | |devices are also | | | | |available at site for | | | | |local monitoring. | | |6. |Primary Containment to |Based on design margins |Long Term. | | |be assessed for |available, it has been |Under progress. | | |Ultimate Load Bearing |assessed that for primary| | | |Capacity (ULBC). |containment, Ultimate | | | | |Load Baring Capacity | | | | |(ULBC) is at least 1.5 | | | | |times Design Basis | | | | |Accident (DBA) value. | | | | |Detailed analysis for | | | | |Ultimate Load Bearing | | | | |Capacity (ULBC) will be | | | | |carried out | | | | |progressively. | | |8. |Ensuring that highly |The required analysis |Long term. | | |active water used for |covering dose estimation,|Under progress. | | |cooling the core |equipment qualification | | | |catcher vessel under |assessment of containing | | | |Beyond Design basis |pressure is being carried| | | |Accident (BDBA) is |out. | | | |contained inside the | | | | |primary containment. | | | |12. |Adequacy of |All the important |April 2013 | | |instrumentation for |parameters of the reactor|(Adequacy of | | |monitoring plant status|such as neutron flux, |instrumentation | | |during Design basis |pressure above the core, |ensured. | | |Accident (BDBA) |containment pressure, |Provision to | | | |Hydrogen concentration, |extend power | | | |reactor coolant level, |supply to these | | | |radiation levels in |instruments will| | | |containment, coolant |be implemented | | | |temperatures in hot and |under item 4 | | | |cold legs, level of fuel |above.) | | | |pool, and accumulators | | | | |etc. will be monitored | | | | |during Design basis | | | | |Accident (BDBA). | | | | |Please refer item – 4 | | | | |also. | | |17. |Provision of additional|One portable DG set is |April 2013. | | |backup power supply |readily available for use| | | |sources for performing |at site. | | | |essential safety |Another mobile Diesel | | | |functions, like air |Generator (DG) set is | | | |cooled Diesel Generator|being made available for | | | |(DG) located at a high |redundancy. | | | |elevation, should be | | | | |considered. | | |
73. We are convinced that KKNPP design incorporates advanced safety features complying with the current standards of redundancy, reliability, independence and prevention of common cause failures in its safety systems. Design also takes care of Anticipated Operational Occurrences (AOO), Design Basis Accidents (DBA) and Beyond Design Basis Accidents (BDBA) like Station Black Out (SBO), Anticipated Transients Without Scram (ATWS), Metal Water reaction in the water core and provision of core catcher to take care of core degradation. The design also includes the provisions for withstanding external events like earthquake, tsunami/storm, tidal waves, cyclones, shock waves, aircraft impact on main buildings and fire. The 17 recommendations were made after Fukushima accident the cause of which is natural phenomenon. The facts would indicate that Tsunami-genic zone along East Coast of India is more than 1300 km away from the nearest NPP site (Madras/Kalpakkam) and about 1000 km. away from Kudakulam. The possibility of hitting tsunami at Kudakulam, as the one that hit Fukushima, seems to be very remote.
Response to People’s Resistance:
74. The Government of India, in order to allay various apprehensions raised by the people’s movement against the production of nuclear energy as well as against commissioning of KKNPP, constituted a 15 Member Expert Group to provide clarifications on the issue raised by the agitators by interacting with the forum provided by State Government comprising of 2 State Government nominees and 4 representatives of the people. Public hearing was held and views and suggestions made for and against the project were heard. The Committee specifically examined the safety features of KKNPP in the wake of the accidents occurred at TMI, Chernobyl, Fukushima etc.
75. The radiation around the NPP and impact on the public health were also effectively addressed. The reactor design and safety of the plant was also examined. Principles and Practices taken for radioactive waste and spent fuel management were also examined. Ecological effects of the project in question on marine ecology and fish protection, impact on land, agriculture, livestock, and food, impact on flora and fauna were also examined. The effect of a possible, though remote, impact of earthquake and Tsunami was also examined. The committee concluded as follows:
“Conclusions:
EG observes that KKNPP is designed and engineered to the state of art of nuclear reactors in line with the current international safety requirements and principles. KK site related aspects such as seismic, tsunami, tropical storms are taken into consideration at design stage. More than 20 VVER-1000 are operating in Russian Federation and in other countries. While finalizing the contract for KKNPP, additional safety features were specified which have been incorporated and their functionality is being established during commissioning. The radiological releases during the plant operation are expected to be well below prescribed limits. This fact is borne out by the experience from operating NPPs in India and abroad. Based on the national and international studies and experience, such radiological releases have no adverse effects on public health, environment and plant personnel. Safety of KKNPP was examined in relation to the TMI, Chernobyl and Fukushima accidents. It is seen that based on the advanced design safety features, safe grade level and high elevation of safety related equipment and the fact that all key operating personnel are graduate engineers who also receive intensive training, it is not conceivable that any accident of these types can take place at KKNPP.
EG also notes that clearances for various stages of the project are given by the Atomic Energy Regulatory Board after an elaborate and exhaustive safety review at each stage. Similarly, other statutory bodies have also conducted detailed and in depth reviews before according clearances pertaining to areas relevant to their purview. This clearly indicates that all applicable safety aspects of the project have been subjected to careful scrutiny by the concerned statutory bodies in the country.
In particular, safety of KKNPP has been thoroughly evaluated against external events of natural origin viz., earthquakes and possible flooding of the site from cyclonic storms and tsunamis. It is seen that the seismic design of its SSCs and location of safety related components provide high level of safety against such events. Possibility of volcanic eruptions in the vicinity of the site has also been examined and no active volcanism has been identified. The magnitude of any possible tsunami that can be generated from submarine landslides in the Gulf of Mannar has been found to be much smaller than tsunamis that may get generated from the submarine active seismic faults, which has already been taken into consideration.
In view of the above, the EG would like to conclude that the fears of the local population are unfounded and design of KKNPP meets the current safety standards.”
76. The Committee prepared a detailed report in December 2011. The report was later presented to Tamil Nadu Government nominees and people representatives. The Expert Group submitted another supplementary report dated 31.02.2012.
77. The Government of Tamil Nadu also appointed an Expert Committee headed by Former President of the AEC along with three other experts. The Committee submitted its report after assessing that the project has a unique passive safety feature which provides cooling to the nuclear fuel without the need for operator action or power supply, namely a Passive Heat Removal System, which is a novel safety feature. In addition to the various reports mentioned herein before, the Russian Nuclear Safety Authority also known as GosAtomNadzor (GAN) reviewed and cleared the Safety Analysis Report of KKNPP Units 1 and 2, which forms the basis of the licensing safety review.
CIVIL LIABILITY FOR NUCLEAR DAMAGE:
78. Developing modern sources for energy through NPPs carry the problem of potential damage, which might flow from a nuclear catastrophe. Several Nuclear Energy Generating countries have adopted their own Legislation on the issue of Civil and Criminal Liability. The U.S. Price-Anderson Act, 1957, the German Atomic Energy Act (1959), the Swiss Federal Law on the Exploitation of Nuclear Energy for Peaceful Purposes and Protection from Radiation (1959) and the Japanese Law on the Compensation of Nuclear Damage (1961) are some of them. Few of such legislations followed the basic principle of imposing legal liability on a strict liability basis on the operator of a nuclear installation coupled with the limitation on liability.
79. Currently, there are two main conventions on third-party liability in the field of nuclear energy. The first is the Paris Convention of 1960, which was supplemented by the Brussels Supplementary Convention Act, 1963. IAEA’s Vienna Convention on Civil Liability for Nuclear Damage, 1963 is yet another convention. India’s Civil Liability for Nuclear Damage Act, 2010 or the Nuclear Liability Act mainly rests on the above Conventions, though India is not a signatory to those conventions. India’s Nuclear Liability Act aims to provide a civil liability for nuclear damage and prompt compensation to victims of a nuclear incident through a No Fault Liability to the operator, appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission, Nuclear Liability Fund and other matters connected therewith. The constitutional validity of the said Act is under challenge before this Court in Writ Petition (Civil) No. 464 of 2011. Various prayers have been made in the above mentioned writ petition, but this Court issued the notice only with regard to the prayer clause no. (e), i.e. to declare the act as unconstitutional and void ab initio.
80. NPCIL had undertaken the task of constructing the two IGW reactors of VVER-1000 Model in collaboration with Atomstroyexport, a wholly owned Russian Government Company. Safety features of the NPP as well the quality requirements for the plant equipment are part of the detailed specifications agreed between the vendor and the purchaser, and as per the Quality Assurance Plan. NPCIL, AERB also should ensure that there can be no compromise on the quality of plant equipment, components and other systems.
81. The India’s Nuclear Liability Act states that the liability of the operator to the tune of Rs.1500 crores and the maximum liability to rupee equivalent of 300 millions SDR’s, though the Act, speaks of no fault liability. It is unnecessary to examine the scope of various provisions contained in the Act, for our purpose, especially when the constitutional validity of the Act is under challenge.
82. We may, in this connection, point out that the constitutional validity of the Price-Anderson Act, 1957 of U.S. which was challenged in the year 1978 before the U.S. Supreme Court in Duke Power Company v. Carolina Environmental Study Group 438 US 59(1978). It was urged before the U.S. Supreme Court that the Act did not ensure adequate compensation for victims of accidents and it violated Equal Protection Clause of the 14th Amendment by treating the nuclear accidents differently from other accidents etc. The U.S. Supreme Court upheld the validity of the Act holding that it was lawful, in that there was adequate justification for treating nuclear accidents different to other claims; that Act provides a reasonably just substitute for the common law or state tort law remedies it replaces and that it cannot be said that the Act encouraged irresponsibility in the matter of safety and environmental protection.
83. Strict Liability Principle has been examined by this Court in the environmental point of view in several judgments. In M. C. Mehta v. Union of India AIR 1987 SC 1086 (Oleum Gas Leakage case), this Court held that the industries which are engaged in hazardous or inherently dangerous activity, possess serious threat to health and safety of persons and have an absolute and non-delegable duty to ensure that no harm is caused to the life and safety of the people. In Indian Council for Enviro-Legal Action v. Union of India (1996) 3 SCC 212, this Court held that once the activity carried on in hazardous or inherently dangerous, the person carrying on such activity is liable to make good losses caused to any other person by his activity, irrespective of the fact that he took reasonable care while carrying on his activity. In Vellore Citizens Welfare Forum v. Union of India (1996) 5 SCC 647, this Court held that once the activity carried on is hazardous or potential hazardous, the person carrying on such activity is liable to make good the loss caused to any other person by his activity, irrespective of the fact that he took reasonable care. The absolute liability extends not only to compensate the victims of pollution, but also the cost of restoring environmental degradation. In Vellore Citizens Welfare Forum (supra), this Court reiterated the “polluter pays principles”. It is unnecessary to multiply the authorities on the principle of strict liability, precautionary principle, polluter pays etc., which find their expression in Articles 21, 47, 48-A, 51-A(g) of the Constitution of India.
84. We have examined the above principles only to highlight the importance of the Act and the steps taken for its effective implementation. People in this country have not forgotten the incidents which had happened in the Union Carbide Pesticides Plant in Bhopal in the night of 24.12.1984. This Court in Union Carbide Corporation v. Union of India (1989) 2 SCC 40, based on an earlier settlement, directed the Union Carbide to pay US $ 470 million to the Union of India in full and final settlement of all claims, rights and liabilities related to and arising out of Bhopal Gas Tragedy. Following that, it was ordered that all civil proceedings arising out of Bhopal Gas Disaster, shall stand concluded in terms of the settlement and all criminal proceedings related to and arising out of the disaster shall stand quashed, wherever they were pending. Later, this Court modified that order upholding the settlement except the condition of quashing criminal charges in Union Carbide Corporation v. Union of India AIR 1992 SC 248.
85. Considering India’s population density and our National Policy for setting up various NPPs in the country, safety and security of the plants are of extreme importance, lest a nuclear accident can cause immense damage both in terms of human life as well as environmental destruction. Provisions have also to be made for remedying or compensating environmental damage caused by the accidents, without merely limiting it to personal injury and damage to property.
DISASTER MANAGEMENT PLAN:
86. Disaster Management Plan (DMP) is of paramount importance, since we are dealing with a substance which has huge potential of causing immense damage to human beings and to the environment, which may cross over generations after generations.
87. After the accidents in Three Mile Island, Chernobyl and Fukoshima, there has been an uproar all over the world including India for adopting sufficient safety measures for handling nuclear/radiological emergencies which may likely to occur in various NPPs situated in the country. Any radiation incident resulting in or having a potential to result in exposure and/or contamination in excess of the respective permissible limits can lead to a nuclear/radiological emergency. Situations are, of course, not bound to occur quite often, but one must be prepared to face nuclear/radiological emergencies because of high population density in a country like India. Nuclear/radiological emergencies can occur due to factors beyond the control of the operating agencies, for example, human error, system failure, sabotage, earthquake, cyclone, flood etc. Noticing the above factors, the Central Government decided to enact a law on Disaster Management to provide for requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans, ensuring measure by various wings of Government for prevention and mitigating affects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation.
88. The Parliament enacted the Disaster Management Act, 2005 (DM Act), following that, the National Disaster Management Authority (NDMA) was constituted with the Prime Minister as the Chairperson. Similar authorities have been created in various States with their Chief Ministers as the Chairpersons. NDMA has assumed the responsibility of strengthening the existing nuclear/radiological emergency management framework by involving all stake holders in a holistic approach through a series of mutually interactive, reciprocal and supplementary actions to be taken on the basis of a common thread – the National Guidelines. Following that, NDMA, after conducting a detailed discussion with all the stake holders, issued the National Disaster Management Guidelines, 2009, which has the concurrence of the DAE, AREB. The guidelines recommended a series of actions on the part of various stake holders at different levels of administration that would (i) mitigate the accident at source; (ii) prevent deterministic health effects in individuals and limit the probability of stochastic effects in the population; (iii) provide first aid and treatment of injuries; (iv) reduce the psychological impact on the population; and
(v) protect the environment and property. The guidelines have been prepared to provide direction to the central Ministries/departments, State Governments and local authorities for preparing detailed action plans to ensure inbuilt capabilities to handle nuclear and radiological emergencies as part of an all-hazard Disaster Management plan in the public domain.
89. The National Guidelines consist of 10 chapters. Chapter 1 deals with the introduction which provides a brief of all possible scenarios of nuclear and radiological emergencies. These emergencies have been broadly classified into the following five categories:
i) An accident taking place in any nuclear facility of the nuclear fuel cycle including the nuclear reactor, or in a facility using radioactive sources, leading to a large-scale release of radioactivity in the environment.
ii) A ‘criticality’ accident in a nuclear fuel cycle facility where an uncontrolled nuclear chain reaction takes place inadvertently, leading to bursts of neutrons and gamma radiations.
iii) An accident during the transportation of radioactive material.
iv) The malevolent use of radioactive material as a Radiological Dispersal Device by terrorists for dispersing radioactive material in the environment.
v) A large-scale nuclear disaster, resulting from a nuclear weapon attack (as had happened at Hiroshima and Nagasaki) which would lead to mass casualties and destruction of large areas and property.
90. Chapter 2 deals with the Approach to Nuclear and Radiological Emergency Management, which spells out a four-pronged strategy to be adopted for a holistic management of nuclear/radiological emergencies. Chapter 3 deals with the Present Status and Situation Analysis, which highlights some of the technical and administrative issues yet to be addressed in a holistic approach, besides analysing the present status. Chapter 4 deals with the Prevention of Nuclear/Radiological Emergencies, which enumerates how nuclear and radiological emergencies are prevented in nuclear facilities by adopting the defence-in-depth approach, where the safety systems are inbuilt with adequate redundancy and diverse working principles. Chapter 5 of the Guidelines deals with the Mitigation of Nuclear/Radiological Emergencies, which explains the various engineered safety features and accident management procedures that are in place in a nuclear plant as accident mitigation measures for minimising the impact of a nuclear emergency by keeping the radioactivity release in the environment to levels as low as possible. Chapter 6 deals with the Preparedness for Nuclear/Radiological Emergencies and covers various aspects of preparedness. Chapter 7 deals with the Capacity Development for Nuclear/Radiological Emergencies and deals with the capacity development for coping with nuclear/radiological emergency situations. Chapter 8 deals with the Response to Nuclear/Radiological Emergencies and describes the action to be taken in nuclear/radiological emergencies. Chapter 9 deals with the Implementation of the Guidelines which spells out the preparation of action plans by various levels of stakeholders. Such plans should indicate the detailed work plan and milestones with recommended time-frame and suitable indicators to enable monitoring and review of the actual progress made. Chapter 10 deals with the Summary of Action Points and sums up the major recommendations that have been made in the text of the National Guidelines.
91. NDMA, established under Section 3 of the DM Act, is responsible for each of the three phases of disaster management continuum with six major responsibilities, namely, pre-disaster (prevention, mitigation and preparedness), during disaster (rescue and relief) and post-disaster (rehabilitation and reconstruction) scenarios. NDMA will be assisted by the National Executive Committee, which is the executive arm of NDMA. The National Crisis Management Committee/National Executive Committee has to take on relief operations on a war footing. The District Management Authorities of the States/Union Territories will be responsible for implementing the nuclear/radiological disaster risk management programmes in their respective areas and each State has to develop a detailed micro- level action plan in a mutually interactive and supplementary mode with its district level plans.
92. DAE, as a nodal agency, has to provide the necessary technical inputs to the national or local authorities for responding to any nuclear or radiological emergency in the public domain. In the event of a nuclear/radiological emergency in the public domain, the basic regulatory framework for safety of all activities related to the atomic energy programme and the use of ionising radiation in India is derived from the Atomic Energy Act, 1962 (AE Act). Para 3.6 of the Guidelines dealing with Public Awareness is of some importance and the same is extracted hereunder for our easy reference:
“3.6 Public Awareness:
Public awareness plays a key role in the emergency preparedness and response plans for any type of emergency/disaster where the participation/role of the public is of prime importance. The fact that one cannot see, feel or smell the presence of radiation, coupled with a general lack of credible and authentic information to the public at large about radiation and radiation emergencies and the wide publicity given to any nuclear/radiation-related incident, has resulted in several erroneous perceptions about nuclear technology. Not surprisingly, most people perceive that any small nuclear/radiation- related incident will lead to a situation like Hiroshima or Nagasaki, or the Chernobyl accident.
To educate the people about the beneficial aspects of nuclear radiation and to remove their misgivings about it, the authorities of nuclear fuel cycle facilities in general, and that of nuclear power stations in particular, are actively involved in carrying out regular public awareness programmes for people living in the vicinity of these facilities. People are invited and taken on guided tours of the nuclear power stations, made conversant with the basics of radiation protection, safety limits, safety practices, and the dos and don’ts during a nuclear emergency. The station authorities also make visits to the surrounding villages and population centres to create awareness of the same. Good coordination is also maintained with the district officials. Prior to any off-site emergency exercise, awareness programmes are specially conducted for the public officials, making them conversant with their responsibilities during any off-site emergency.”
93. NPCIL and the State of Tamil Nadu should take adequate steps to educate the public of the need for generation of power through NPP, since it is part of India’s National Policy and also how to deal with nuclear/radiological emergencies. Para 3.9.1 of the Guidelines specifically refers to Education and Knowledge Management, which reads as follows:
“3.9 Institutions for Education, Knowledge Management, Public Awareness and Training:
3.9.1 Education and Knowledge Management:
At present, practically no education is imparted at any level on nuclear/radiological emergencies in the national educational system. It goes against one of the basic concepts of good emergency response, which envisages that the culture of preparedness has to be imbibed right from childhood in all sections of the society. The basics of radiation, radioactivity and the use of nuclear radiation in day-to- day life (with its beneficial aspects) should be taught in schools and colleges. Once people are sensitised about this subject, it will help in removing prejudices/misconceptions of the general public about nuclear radiation/programmes and they will treat a nuclear/radiological emergency like any other type of natural or man- made emergency.”
94. The necessity for Enhancing Public Awareness about Nuclear/Radiation Hazards has also been dealt with in para 3.9.2, which reads as follows:
“3.9.2 Enhancing Public Awareness about Nuclear/Radiation Hazards:
In general, there is very limited public awareness about radiation emergencies. Even the intelligentsia have misconceptions about nuclear energy in general. Ever since the reactor accidents at Three Mile Island and Chernobyl, any news of a clear/radiological emergency has always been of great interest that generates misconceptions in the minds of the public. The sensationalisation of such news by the media has also erroneously caused a perception that any radiation or nuclear emergency will result in cancer or death.
Such lack of public awareness is a major constraint in handling and objectively responding to these emergencies. To overcome this, sincere and concerted efforts are needed to create awareness amongst the general public with the target audience of school and college students, teachers, technocrats and government officials.
The fear in the minds of the public that even a small accident in nuclear facilities will lead to a situation like Hiroshima/Nagasaki, can be removed only through proper awareness generation and training programmes (Appendix 1).”
95. The necessity to accord proper training to the personnel involved in the management of radiation emergencies, which includes education of senior public functionaries like the district or state-level officials who would manage a radiation emergency as well as the first responders, needs special emphasis. This would also include RSOs, civil defence personnel and home guards, police and fire and emergency services personnel and medical professionals. The guidelines also highlight the necessity of a proper network of roads and transport system. An off-site emergency situation, the emergency response plans envisage evacuation of the public from the affected zone which requires well-defined routes and evacuation strategies. The availability of both adequate transport and good roads, which would provide the evacuation routes, is of paramount importance. Further, certain radiation emergency scenarios envisage a sheltering requirement for a large number of people. Normally, community centres, schools, colleges, religious places, marriage halls, etc. are chosen for this purpose. SDMAs/DDMAs should identify those places during a non-emergency period, with assistance from DAE/DRDO.
96. It is also highly necessary to identify alternate sources of food, water and hygiene facilities. Because of the assembly of a large number of persons at the emergency shelters, poor hygiene facilities may lead to the spread of diseases, including epidemics. In addition to providing good hygiene facilities, good medical care with adequate stock of medicines, should be made available in all areas of possible nuclear emergencies/disasters.
97. Major highlights indicated in para 3.20 of the Guidelines are of prime importance. Para 3.20 is extracted hereunder for easy reference:
“3.20 Highlights:
Some of the highlights of this chapter are given below:
i) In the event of any nuclear/radiological emergency in the public domain, CMG is immediately activated and it coordinates with the local authority in the affected area and all the concerned authorities at the centre (NCMC/NEC/NDMA) to ensure that the necessary technical/administrative inputs are available to respond to the nuclear/radiological emergency.
ii) The AERB, which oversees nuclear and radiological safety in the country, has been playing a very crucial role in the prevention of nuclear/radiological accidents by ensuring that proper safety design features and operating procedures in all nuclear and radiation facilities are in place. The AERB has the power to not only licence the operation of a facility but also to order the partial or full shutdown of any facility that violates its guidelines.
iii) As per statutory requirements, the local district administration is responsible for drawing up and rehearsing the off-site emergency plan in coordination with the facility operator.
iv) It is also mandatory for the power plant operators to periodically rehearse various emergency preparedness plans by way of exercises, and based on the feedback and experience, take corrective measures. As the first stage of the trigger mechanism, CMG, DAE and the resource agencies are alerted even when a plant or site emergency exercise is conducted.
v) The basic training for NDRF teams, ‘first responders’ and TOT is being imparted by BARC in addition to training of QRTs of the paramilitary forces and defence CBRN officers.
vi) Emergency preparedness exists at all nuclear and radiation facilities to respond to any on-site or off-site emergency in their areas. A network of 18 units of ERCs has been established by BARC to handle radiological emergencies arising from a transport accident or the movement/handling of ‘orphan sources’ or any malevolent act like the explosion of an RDD, RED or IND at any time or anywhere in the country.
vii) The fact that one cannot see, feel or smell the presence of radiation, coupled with a general lack of credible and authentic information to the public at large about radiation and radiation emergencies and the wide publicity given to any nuclear/radiation related incident, has resulted in several erroneous perceptions about nuclear radiation/technology. Not surprisingly, most people perceive that any small nuclear/radiation related incident will lead to a situation like Hiroshima/Nagasaki or the Chernobyl accident.
To remove such misgivings, the authorities of nuclear fuel cycle facilities in general, and that of nuclear power stations in particular, are actively involved in carrying out regular public awareness programmes for people living in the vicinity of these facilities.
viii) The AERB, the national regulatory authority, has been regulating the nuclear and radiation facilities in the country very effectively and has, over the years, issued a large number of codes, standards and guides.
ix) In the event of the private sector getting involved in the nuclear power programme, it might be required for the regulatory authority to ensure that the necessary knowledge base does exist in the concerned private industry for building and operating the nuclear facility as per the stipulated safety standards of the AERB.
x) In case of a nuclear/radiological emergency, the rescue and relief measures will be highly demanding in terms of availability of adequate trained manpower as well as advanced instruments/equipment. In this case, the nature of relief measures would be different in many ways from those carried out in natural disasters like fire, floods, earthquakes, etc. (where there is very little detrimental effect to the health of the personnel involved in the relief work). In a nuclear emergency/disaster, however, the persons carrying out the relief work are also likely to be exposed to both high doses of radiation and/or high levels of contamination which, if not controlled, may affect their health including their potential to carry out the relief work effectively.
xi) Several major metros and other vulnerable locations will need to have ERCs established in their areas. Local civil defence, police, fire brigade, hospitals and other agencies also need to develop liaison with these ERCs.
xii) Facilities using radioactive sources need to strengthen their physical protection systems along with proper inventory and control procedures of the radiation sources.
xiii) In the current security threat scenario, there is a need for enhancing the security of the sources at radiation facilities and during their transportation, to ensure that they do not go ‘out of control’ by any deliberate acts of theft and/or sabotage and become a potential radiation hazard to the public.
xiv) In the context of large-scale radiation disasters, the involvement of civil defence personnel and home guards is usually considered highly desirable.
xv) Because of their preoccupation in defending the country from the enemy, the armed forces are normally not always available to respond to a nuclear disaster scenario. However, for any major nuclear accident where the situation is beyond the coping capability of the civil administration, the services of the armed forces may be called for to take over several critical operations related to response (i.e., rescue and relief), rehabilitation (i.e., evacuation and sheltering) and reconstruction activities, including the immediate restoration of essential infrastructures like communication, electrical power, transportation, etc. Civil-military coordination will be developed for such purposes so that specially trained and rehearsed teams of the Army can be inducted to assist the civil administration, as and when called for and are available.
xvi) To start with, the SDMAs, SECs and DDMAs concerned will aim to cover all cities with a population of 20 lakh or more, that may be affected by a major nuclear/radiological emergency in respect of the preparedness for response to a nuclear/radiological emergency. This cover will be progressively extended to other cities.
xvii) Presently, there is no network of hospitals in the country which can handle radiation induced injuries on a large scale. The establishment of such a network is essential for handling nuclear emergencies/disasters. This will also include the establishment of a nationwide capability for utilisation of the services of a large number of RSOs for managing both RDD-related scenarios and largescale nuclear disasters on priority. There will also be a dedicated and reliable communication facility among hospitals so that, whenever required, they can pool their resources.
xviii) There can always be a possibility of some radioactive sources going ‘out of control’ in some country and from there, entering into our country inadvertently or deliberately. Such unnoticed entry has the potential of the end products of steel mills being contaminated or, in the worst scenario, the source being used in an RDD. Hence the strengthening of border controls will need to be addressed on priority by MHA.
xix) In an off-site emergency situation in a nuclear facility, emergency response plans envisage the evacuation of the public from the affected zone. This requires well-defined routes and evacuation strategies, taking into account the topology of the site. Problems related to the availability of well-defined routes, transport facilities, food, drinking water, shelters, etc. also need to be addressed by the concerned DDMAs/SDMAs as part of the preparedness/response programme in an all-hazards approach.
xx) In the emerging security threat scenario, there is a possibility of ‘orphan’ sources (stolen or misplaced sources that may go out of regulatory control of the AERB) falling into the wrong hands and being used for malevolent purposes through an RDD (also called a ‘dirty bomb’).
At present, there is no mobile monitoring system available with law and order authorities which can warn them of any significant/abnormal rise in background radiation levels in the public domain. The establishment/strengthening of monitoring and detection systems of such sources on priority is considered highly desirable, to detect any unauthorised presence or movement of radioactive material in the public domain.
xxi) With the increasing incidences of terrorists activities and impending threat of RDD, it is imperative that the police, which in all probability will be the first to reach the site of an explosion, should have some simple portable monitoring instruments (at each police station within the areas with radiological threat perception) which will warn them as they approach the radiation source (from, say, a blast of RDD).
xxii) The values of the radiation dose levels at which intervention is required for various actions (like sheltering, iodine prophylaxis, evacuation, etc.) and the action levels that will be needed to control the consumption of contaminated food items in the affected areas are presently not available either for any RDD or nuclear emergency/disaster and are needed to be generated because these are essential in respect of both (i) the members of the relief and rescue teams and (ii) the public.
xxiii) The lack of public awareness is a major constraint in handling and objectively responding to nuclear and radiological emergencies. Further, presently there is no mechanism for maintaining a knowledge base or case studies in the public domain on the events of previous emergencies and their consequences. As a result, the lessons that should have been learnt from the handling of those emergencies have been lost sight of. To overcome this, sincere and concerted efforts are needed to create awareness amongst the general public with the target audience of school and college students, teachers, technocrats and government officials.”
98. 2009 Guidelines issued by AERB are very exhaustive which have to be implemented and attended to forthwith. AERB, in the Code of Practice on Safety in NPP Siting, also has dealt with the term “Exclusion Zone”. Para 5.5.3 and 5.5.4 are relevant and extracted below:
“5.5.3 An exclusion area of appropriate size (at least 1.5 km radius from the reactor centre) shall be established around the reactor and entry to this is to be restricted to authorised personnel only.
5.5.4 A sterilised area up to 5 km around the plant shall be established by administrative measures where the growth of population will be restricted for effective implementation of emergency measures. National growth, however, is allowed in this zone.”
99. Facts presented indicate that there is no population in the “Exclusion Zone” of KKNPP. “Exclusion Zone” is under the exclusive control of the plant operator NPCIL, guarded by CISF, where no public habitation is permitted. The property wall at a distance of 2 km from the reactor buildings existing at KKNPP, which encloses the exclusion zone, and no people reside permanently inside the property wall. A sterilised area around the exclusion area covering an area of up to 5 km radius from the plant has also been established. As per AERB Citing Code, the desirable population within the sterilised zone is about 20000. As per the documents available, 3 villages are within SZ of KKNPP, namely, Kudankulam, Vijayapathi (Idinthikarai) and Irrukkandurai. As per 2001 census, the population residing with SZ consisting of these three villages is approximately 23960, which has been taken care of while preparation of the Emergency Preparedness Plan (EPP) of KKNPP.
100. NPCIL, after due concurrence with AERB, as already indicated, has prepared the Emergency Preparedness Plan Vol. V for off-site emergency at KKNPP. The EPP has listed the composition of Off-Site Emergency Response Co-ordination Committee (OERCC) comprising of 14 disrict administration officials for implementing counter measures in public domain in case of an emergency. The District Collector, Tirunelveli is the Off-Site Emergency Director and the members are District Revenue Office, Site Director, KKNPP, Superintendent of Police, District Forest Officer, Joint Director (Fisheries), Deputy Controller (Civil Defence), Divisional Fire Officer, Executive Engineer (Irrigation), Joint Director (Agriculture), Deputy Director (Animal Husbandry), District Supply Officer, Regional Transport Officer, Deputy Director (Health Services). The overall responsibility of OERCC and individual responsibilities of the members o the Committee have been chartered in the Emergency Preparedness Plan for effective implementation of counter measures. Eleven Emergency response teams such as warning and advise Team, Emergency Response Teams, Traffic Control Team, Prophylactics Distribution Team, Evacuation Advice Team, Convoy Team, Decontamination Team, Rallying Post Team, Patrolling Team, Information Team and Services Support Team have also been formed and are in place as well.
EMERGENCY EXERCISE – ON AND OFF-SITE
101. KKNPP site comprises of two units along with their auxiliary facilities. In the Plant or the Site, an unplanned event at a particular unit may result in an emergency situation which may affect either the offending unit alone (Plant Emergency) or the other facilities as well within the site Exclusion Zone of the KKNPP (Site Emergency). Site emergency may result in off-site emergency which may affect the public personnel living beyond 1.6 km radius of the plant boundary. NPCIL, therefore, prepared an Emergency Preparedness Plan for KKNPP. Vol. 1 contains the on-site emergency plan and Vol. 2 contains the off-site emergency plan. The off-site emergency preparedness procedures was issued in July 2010 after incorporating the comments and instructions made by NPSD and AERB. Final revised plain was incorporated on recommendations made by OPSD and SARCOP. We have gone through the Emergency Preparedness Plan Vol. II (off-site Emergency Plan) which is very comprehensive and deals with almost all eventualities.