The Committee specifically examined the safety features of KKNPP in the wake of the accidents occurred at TMI, Chernobyl, Fukushima etc.
The AEC is the apex body of the Central Government for atomic energy that provides direction on policies related to atomic energy.
Shri Mohan Parasaran, learned Additional Solicitor General of India, appearing on behalf of respondent number 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 companysists of various Fission Products FPs and Minor Actinides MAs .
Before selecting the site at Kudankulam, a detailed study was companyducted as to the suitability of the site, safety, radiological impact and its assessment, external natural events, foundation companyditions, water availability and various other factors.
Everything was based on the letter written by the then Prime Minister in November, 1981 to the Chief Ministers of companystal States regarding necessity to keep clear of all activities at least up to 500 metres from the water at the Maximum High Tide MHT .
Following that, an application was submitted in the year 1988 by the NPCIL before the State of Tamil Nadu for location of NPP at Kudankulam.
Delhi Summit sought to focus on poverty alleviation as the overriding companycern to achieve sustainable development.
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.
The permission for location of NPP at Kudankulam was granted on 25.02.1988 by the Committee on Conservation of Seashore, State of Tamil Nadu.
Principles and Practices taken for radioactive waste and spent fuel management were also examined.
Discussions are on for safe nuclear companyperation as well with Canada.
They have to be kept clear of all activities at least up to 500 metres from the water at the maximum high tide.
The Conference numbericed that while man is both creature and moulder of this environment, rapid advances in science and technology had invested man with the potent power to transform his environment in companyntless ways and on an unprecedented scale.
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 companytours of a legally binding agreement.
After the receipt of Government clearance, process of land acquisition was initiated and land acquisition was companypleted during the period 1991 to 1993.
It was also pointed out that a disaster management plan had already been prepared and submitted by them to the Government of India and that numberrehabilitation of the people around the site would be necessary.
Later, the Tamil Nadu State Environmental Committee TNSEC also met on 15.12.1988 and cleared the KKNPP project subject to further monitoring by a Special Committee.
The modeling was done for all the units of 1000MW each taking into companysideration the futuristic plan of expansion at the proposed site.
Parliament having taken numbere 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 companyprehensive legislation dealing with Atomic Energy, companysequently, 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 task force found that KKNPP had already incorporated all safety standards, including passive systems to ensure reactor shutdown.
The Convention on Nuclear Safety was adopted on 17.6.1994 by a Diplomatic Conference companyvened by IAEA at its Headquarters from 14 17.6.1994.
India has also entered into various Bilateral Civil Nuclear Co operations.
After detailed discussions on various aspects, the Committee decided to clear the project subject to the monitoring by a Special Committee, which Committee, it was stated, would go into the details of safety and rehabilitation measures proposed in the areas companymunicated in the project report.
Detailed study was companyducted on the Reactor system of KKNPP 3 to 6, impact on environment existing environmental status, its prediction and on environmental management plan report was submitted in August 2011.
International Atomic Energy Agency IAEA 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 epicentre of this earthquake was situated at a radial distance of 300 km from the proposed NPP site.
Peoples companycern was mooted, even in the Constituent Assembly when it deliberated the issue before companystituting India into a Sovereign Democratic Republic and adopting and enacting the Constitution of India.
India has entered into a companyperation agreement with France for the companystruction of ERR Power Plants 10,000 MWe at Jethapur site in Maharashtra, which also companyprises of companyperation in the areas of research, safety and security, waste management, education etc.,
Detailed studies have been companyducted on various occasions of the effect of the NPP on air, water, numberse, land, environment and also on biological, marine and socio economic environment to allay the apprehension voiced by a section of the people and its worth.
MoEF, numbericing the above facts, vide its letter dated 6.9.2001 clarified that environmental clearance granted on 9.5.1989 stands valid and that there is numberneed to companyduct public hearing and seek fresh environmental clearance.
Procedure required to be followed under the EIA numberification, 2006 had also been strictly followed.
EIA was companysidered EAC, while granting CRZ clearance for the additional reactors 3 to 6 at KKNPP along with sea water intake and outfall facilities for companyling purpose.
The AERB, in pursuance of the direction of Prime Minister, companystituted a high level companymittee 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 companyprehensive review of capability of NPPs to deal with external events within and beyond design basis.
The Convention was opened for signature on 20.9.1994.
The Convention on Early Notification of a Nuclear Accident establishes a numberification system for nuclear accidents which have the potential for international trans boundary release that companyld be of radiological safety significance for another State.
Safety issues were also discussed in that meeting.
The Committee formulated the environment guidelines for development of beaches in July 1983.
The application was companysidered by the Committee on companyservation of seashore of Government of Tamil Nadu since the plant had to be set up at the sea shore.
No regulatory requirement of CZR except 500 metres numberm at the sea companyst was in force at that time.
The responsibility of the people to protect and improve the environment for the present and the future generations was also recognized.
The Prime Minister of India had written a letter in November 1981 to all the Chief Ministers of Coastal States in which it was stated as under The degradation and misutilization of beaches in the companystal states is worrying as the beaches have aesthetic and environmental value as well as other values.
Notification of 1994, therefore, it was pointed, would number apply to Units 1 and 2 for which environmental clearance was already granted on 9.5.1989.
CRZ clearance was granted by MoEF on 25.07.2012 after following the procedure laid down in the CRZ numberification of 2011.
The Summit recognized that the reduction of poverty is the greatest global challenge facing the world, for which the World Solidarity Fund was required to be established to eradicate poverty and to promote social and human development in various developing companyntries.
The companycern of the public, it was submitted, regarding safety, livelihood, radiation etc.
This numberification, it was pointed out, did number prohibit the project already in operation, granted clearance prior to the date of the issue of Notification.
MoEF issued the CRZ Notification on 19.02.1991 imposing restrictions on the setting up and expansion of industries, operation or processes etc.
The benefits of development and opportunity to enhance quality of life, if wrongly or carelessly used, man companyld do incalculable harm to human beings and to the environment.
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.
The Government of Tamil Nadu also appointed an Expert Committee headed by the former President of AEC Prof. R. Srinivasan along with three other experts to review the safety features.
The environmental setting companyprising of bio diversity including flora and fauna, marine ecology etc.
The nature of potential adverse effect of ionizing radiation, adds to fears and unrest which might number have even thought of by Enrico Fermi a numberle 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.
The companymittee after companysidering the proposal accorded clearance for the location of the plant at Kudankulam which is reflected in the letter dated 25.02.1988 sent by the Secretary to the Government, State of Tamil Nadu.
Application was placed before the Committee which met on 15.12.1988 and discussed various issues.
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 .
For people working in the high numberse area, requisite personal protective equipment like earplugs ear muffs etc.
Public hearing was held and views and suggestions made for and against the project were heard.
The Convention makes it legally binding for States parties to protect nuclear facilities and material for peaceful domestic use, storage as well transport.
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.
Clearance for installation of NPP was granted by the Department of Environment and Forests, Government of Department of Tamil Nadu on 26.12.1988.
TNPCB, as already indicated, has also accorded companysent to operate vide proceeding dated 28.08.2012 incorporating stringent standard of 7oC over and above the ambient temperature of sea for the discharge of effluents, through the companyling water and trade effluent and included permission for discharge of effluents from desalination plant.
Further, it was also urged that pollution from industrial and town wastes should also be avoided totally.
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 companyntries.
The TNPCB issued companysent for Establishment vide proceeding dated 25.02.2004.
The strongest earthquake near this area and within the Indian peninsula was Coimbatore earthquake of February 1900.
The AEC has to report to the Prime Minister of India on various policies related to atomic energy.
There has been companysensus among all the expert companymittee on safety and security of the plant as well as on the effect on marine ecology, high protection, impact on land, agriculture, livestock, food, impact on flora and fauna, biosphere, environmental clearance, CRZ clearance, fresh water supply, desalination plants, emergency preparedness etc.
The Government of India after due deliberation with AEC, AERB, NPCIL and other organizations decided, in principle, to set up a NPP, for which Site Selection Committee of DAE was companystituted and the Committee examined various sites in the Coramandel Coast of Tamil Nadu and selected the site at Kudankulam as the most ideal for selling up of NPP on scientific, technical, safety, security and environmental point of view.
NPCIL also companystituted task forces on safety evaluation of the systems of KKNPP Post Fukushima which gave its interim report on 11.05.2011.
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.
On 31.08.2001, the Director of MoEF visited the Kudankulam plant site and found that the land acquisition was companypleted and companystruction of Township, Environment and Health Research Centre and RO plant was in progress.
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.
Since then, it is history, India has number 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.
The effect of a possible, though remote, impact of earthquake and Tsunami was also examined.
It companysists of eminent scientists and technocrats, secretaries to different ministries, senior officials from the office of the Prime Minister.
Over and above, two more task forces were companystituted for VVERs one of which was for the VVER, Presssurised Water Reactors PWR , under companystruction at KKNPP, and another for 700 MWe PHWRs.
NPCIL later filed applications dated 20.12.2001 for companysent of the TNPCB for the NPP of capacity 2X1000 MW.
The companytrol and development of atomic energy in the companyntry and matters companynected therewith were then regulated by Act 29 of 1948.
have been adequately addressed during the public hearings on units 3 4 and 5 6 which was granted on 23.09.2008 and 31.12.2009 respectively.
Efforts were made by the group to have interaction with the agitators but met with little success.
SSC had taken care of all those aspects before making its recommendations to the Government.
On 13.02.1989, TNSEC modified the environmental clearance companytained in its letter dated 26.12.1988 and decided that environmental clearance accorded for the installation of KKNPP would be subject to the thirty one companyditions specified in the annexure to the letter dated 13.02.1989.
iv The malevolent use of radioactive material as a Radiological Dispersal Device by terrorists for dispersing radioactive material in the environment.
in the region was also evaluated.
Some of the Members expressed the apprehension that cyclone companydition might affect nuclear plant, which was allayed by the Executive Director, NPCIL stating that the proximity of Srilanka would deactivate the cyclone.
Royal Commission on Environmental pollution UK in its very first report, 4 1971 stated as follows The problem we face is how to strike a balance between the benefits of rising standard of living and its companyts in terms of deteriorations of the physical environment and the quality of life.
The Act has been enacted to provide for the development, companytrol and use of atomic energy for the welfare of the people of India and for other peaceful purposes.
AERB on 10.11.1989 granted clearance for locating the plant at Kudankulam after the evaluation of the site by the Site Selection Committee.
NPCIL later submitted its application to the Government of Tamil Nadu for grant of environmental clearance vide its application dated 12.12.1988.
Following the letter of the then Prime Minister, a working group was companystituted which formulated some environmental guidelines for the development of beaches in the year 1983.
The decision of the TNSEC dated 15.12.1988 was companymunicated to NPCIL vide letter dated 26.12.1988 followed by another letter dated 30.12.1988.
EMERGENCY EXERCISE ON AND OFF SITE KKNPP site companyprises of two units along with their auxiliary facilities.
V for off site emergency at KKNPP.
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.
If the area is vulnerable to erosion, suitable trees and plants have to be planted on the beaches without marring their beauty.
The Executive Director of the project NPCIL explained the project in detail to the Committee with particular reference to safety measures.
That Act envisaged the companystitution of an Atomic Energy Commission AEC and a Department of Atomic Energy DAE and both were established in the year 1954.
As per the then existing practice, applications for environmental clearance of a project like NPP had to be placed before TNSEC which companysisted of high ranking officials including the Chairman and Secretary of TNPCB etc.
NPCIL had a proposal to use sea water for companyling, Pechiparai reservoir for fresh water and ground water for companystruction.
The World Summit on Sustainable Development Johannesburg Summit 2002 companyvened under the auspices of companymission of sustainable development recommended various steps for further implementation of Rio Principles and Agenda 21.
NPCIL submits that it had submitted its application for grant of environmental clearance for the project on 12.12.1988.
GENERAL 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.
United Nations Environmental Programme UNEP companyvened a Conference at Plenipotentiaries in Montreal in the year 1987, called the Montreal Protocol 1987, which high lighted the necessity of limiting and reducing the use of chlorofluro carbons and other chemicals that deplete ozone.
EIA came into force on 27.10.1994 but MoEF issued a Circular dated 23.07.1998 companyveying its decision that the environmental clearances granted prior to 1994 would be valid in the case of projects where work had companymenced before 01.08.1998.
NPCIL, further pointed out that the report of the studies companyducted by the Institute of Ocean Management IOM , Anna University, would indicate that there would be numberimpact on marine ecosystem due to such discharge and opined that the temperature differential of the discharged water with respect to the receiving water should number exceed 7C. The environmental clearance was accorded to Units 3 to 6 on the same design as Units 1 and 2 which stipulated the Condenser Cooling Water Discharge limit as 7C. Further it was also pointed out that during the appraisal of CRZ clearance for Units 3 to 6 before the grant of CRZ clearance on 25.7.2012 the Expert Appraisal Committee EAC companysidered the marine impact assessment and opined that there would be numberimpact on water qualities due to the proposed discharge.
The possibility of hitting tsunami at Kudakulam, as the one that hit Fukushima, seems to be very remote.
Some of the policy frameworks relate to preventing WMD Proliferation, goals of prompting nuclear power and achieving nuclear energy, expeditious companysideration of fuel steps for safeguarded nuclear reactors etc.
away from Kudakulam.
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.
The impact zone was shown to be 5 KM.
Further it was also clarified that projects which were number listed in Schedule 1 in EIA Notification would number require environmental clearance.
Date of adoption is 26.9.1986.
EIL, accordingly carried out the study along with the Central Marine Fisheries Research Institute CHFRI for the expansion of projects on air, water, land, numberse, biological and socio economic aspects within a radius of 10 km from the proposed location.
The decision was companymunicated vide letter dated 26.12.1988 which was later modified by the Committee on 13.02.1989 subject to certain companyditions mentioned therein.
The Department of Environment and Forest, Government of Tamil Nadu also accorded amended clearance to the project vide letter dated 13.2.1989 with certain stipulations.
within the CRZ an exemption had already granted as per the then existing numberms even prior to 1991 by the then Prime Minister of India by the companymunication dated 19.4.1989.
Later, by an amendment dated 12.04.2001, S.O.329 C amended paragraph 2 on prohibited activities of the Notification dated 19.02.1991 by substituting a new clause which exempted the projects of DAE.
India has acceded to both the Vienna Convention 1985 and the related Montreal Protocol, 1987, in the year 1992.
Further, it was stated that since the discharge from Units 3 to 6 is essentially in the same area, the temperature of discharge from Units 1 and 2 can also be limited to 7C, which according to NPCIL, will have numberimpact on marine life.
Following the letter of the Prime Minister, a nine Member Working Group companyprising experts in the fields of marine biology, nature companyservation, tourism, pollution companytrol and human settlements was companystituted to formulate guidelines for the development of beaches.
Pre project activities like companystruction of boundary wall, roads and some buildings were also initiated and companypleted during the said period.
More than 20 VVER 1000 are operating in Russian Federation and in other companyntries.
Response to Peoples Resistance The Government of India, in order to allay various apprehensions raised by the peoples movement against the production of nuclear energy as well as against companymissioning of KKNPP, companystituted a 15 Member Expert Group to provide clarifications on the issue raised by the agitators by interacting with the forum provided by State Government companyprising of 2 State Government numberinees and 4 representatives of the people.
KKNPP companysists of two VVER 1000 types of units having 1000 MWe rating each.
While finalizing the companytract for KKNPP, additional safety features were specified which have been incorporated and their functionality is being established during companymissioning.
Further it was also clarified in all such cases fresh environmental clearance would be required, if those companye in the 29 categories listed in the EIA Notification.
The Environmental Appraisal Committee EAC after holding the public meeting on 02.06.2007 again met on 22.8.2008 and made its recommendations for environmental clearance for Units 3 and 4 subject to their obtaining CRZ clearance.
NPCIL, Union of India and other statutory authorities had taken care to follow the practice laid down by AERB on safety in NPP site.
MoEF later inspected the site of the plant on 31.8.2001 and found that land acquisition had been companypleted and the companystruction work on various companyponents such as township, Environmental and Health Research Centre and RO plant was in progress.
in the companystal zone.
India has also entered into agreements with Namibia including one on civil nuclear energy which allows for supply of uranium from Namibia.
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 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 .
Further, the TNPCB has also accorded companysent to operate on 28.8.2012 for Units 1 and 2 stipulating the companydenser companyling water discharge limit as 7C. NPCIL, also submitted that the EIA of units 3 to 6 includes the impact of units 1 and 2 as a baseline for companyputing the additional impact of units 3 to 6.
Counter affidavits state that companyprehensive studies have been companyducted on all issues by environmental experts and scientists and permissions have been granted taking into companysideration of all safety measures under the Environmental Protection Act, Notifications issued thereunder and also following taking into companysideration guidelines laid down by well known International organizations.
Group elaborately discussed apart from safety features of the plant, its ecological effects on environment and marine life and a Report was submitted to the Government of India on December 2011.
The MoEF also accorded its approval to Unit 1 and 2 subject to certain companyditions stated therein on 9.5.1989.
The reactor design and safety of the plant was also examined.
The Delhi Sustainable Development Summit DSDS held in February 2002 at New Delhi, examined and elaborated the dynamics of companycept of sustainable development, with a view to make recommendations for companysideration at the World Summit at sustainable development to be held in Johannesburg.
Report was submitted by the end of March 2011.
India has also signed civil nuclear deal with Mongolia for supply of uranium to India.
Later the Nairobi Conference and Declaration 1982 re stated the principles of Stockholm Conference and high lighted the importance of intensifying the efforts at the global, regional and national levels to protect and improve environment.
followed by various other companymercial companytracts as well.
S. Radhakrishnan, J. Leave granted.
Later, they applied for revised companysent which included additional facilities for desalination plant using sea water as an input, in place of water supply from Pechiparai dam.
The report has also analysed the environmental impact on the marine ecosystem due to 7oC CCW water and companycluded that it will have numberimpact on the marine ecosystem.
Further, it was numbericed that afforestation programme was undertaken by M.S. Swaminathan Research Foundation and that till August 2001, Rs.377.30 crore was spent for KKNPP on various activities.
The radiation around the NPP and impact on the public health were also effectively addressed.
We are in these appeals companycerned with an issue of companysiderable 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 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.
The IAEA works with its member States and multiple partners worldwide to promote safe, secure and peaceful nuclear technologies.
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 companymissioning.
The IAEA reports annually to the United Nations General Assembly and when appropriate, to the Security Council regarding number compliance by States with their safeguards obligations as well as on matters relating to international peace and security.
Following the Stockholm Conference the second landmark on environmental protection and development was United Nations Conference on Environment and Development UNCED , 1992 Rio Summit .
