Beruflich Dokumente
Kultur Dokumente
Damages
PGPPM(2010-12),
IIMB, Bangalore
Room No 63,First
Clause by clause review of the Civil
22/07/2010 11:00 Floor Parliament Liability bill
House, New Delhi
Sources of Data : Integrated Energy Policy 2006 from Planning commission, Civil Nuclear liability bill,
Energy Security …
What DAE says
Problem stream*
Solution stream*
Political stream
Window missed
temporarily
This requires
of India.
We are one of the only two countries to run a nuclear power programme without any
statute dealing with the possibility of an accident — the other is Pakistan
The nuclear reactors and spent fuel pools are under great risk
plausible incident or terrorist attack which may have significant implications on
human life.
USA ?? ??
Areva 2-6 (each 5-7 B $ 12-35 B $
GE ?? ??
Westinghouse ?? ??
Limited
recourse to
Operator
on Supplier
Sources of Data : *Michael Faure and Karine Fior - An economic analysis of the nuclear liability subsidy,” Pace
Environmental Law Review, 2009; University of Maastricht - Faculty of Law; Centre d'Analyse Economique
Policy Features & Analysis
what is lacking
Small to
BIG
Sources of Data : Frontline, The detonation of a nuclear bomb over Nagasaki, Japan on August 9, 1945.
Lok sabha – May 7, 2010
Brief record of proceedings NO. 86
Opposition by Members across Party Lines and Left, BJP, Civil Society and NGOs
Bill Passed
Bill Introduced Process of legislation with
on May 7, 2010
Modifications
T. Subburami Reddy ,
Chairman
Science &
Technology Review by the
Standing Committee Legislature Incorporate
Standing
on Discussion / Modifications
committee, RS
July 22, 2010 Debate
Media
Publicity
Sources of Data :Environmental, Social Justice and Governance Initiatives - Environment Support Group Trust
Suppliers liability - why
*The Indian bill mentions only about willful act or gross negligence on
part of supplier. Explicit mention of Design issues is missing
Sources of Data
Civil Liability and Nuclear damages bill : section 17:
The Russian approach to nuclear liability,” International Journal of Nuclear Law, 2006.
http://indialawyers.wordpress.com/2010/06/16/turn-the-nuclear-bill-from-liability-to-asset/
The Policy in current form is NOT
comprehensive in –
Exclusive liability of the operator means that in the case of an accident, all
claims are to be brought against the nuclear operator. By inference suppliers or builders
of the plant are protected from public litigation in the case of an accident.
Mandatory financial coverage: Operator must maintain insurance
cover to pay for damages.
The minimum amount of protection: Set by national laws in the
line with international treaty obligations.
Exclusive jurisdiction: Mean the courts of the country in which the
accident occurs has jurisdiction over damages claims.
Standards civil liabilities
Limitation of liability:
Protects individual nuclear operators from legal action and thus is often
controversial.
Limiting the amount that operators would have to pay, the risks of an accident are
effectively socialized.
These limitations recognizes the lot of social benefits of nuclear power so govt
should bear the liability by permitting power plant construction and operation
Liability of the operator is absolute, except for "acts of armed conflict, hostilities,
civil war or insurrection";
Standards civil liabilities
International conventions governing liability for nuclear damage
Paris convention
◦ Operator
◦ State
◦ Member state
IAEA guidelines
◦ Operator
◦ State
◦ Member state
Various conventions
Financial liability
Operator Collective fund Installation state Total
US$ million (Member state) US$ million US$ million
(Rs. Crores) US$ million
(Rs. Crores)
Paris convention 300 (1500) 125 (625) 175 (875) 600 (3000)
(1963)
Paris convention 903 (4515) 387 (1935) 645 (3225) 1936 (9680)
(modified 2004)
IAEA ‘I’ 450 (2250) ‘(450-I)’ 900 (4500)
(Vienna
Convention)
(1997)
The Price Anderson Act - the world's first comprehensive nuclear liability law
It now provides $10 billion in cover without cost to the public or government
The first layer is where each nuclear site is required to purchase US$ 300 million
liability cover which is provided by two private insurance pools.
The second layer is jointly provided by all US reactor operators. Combined, the total
provision comes to over $10 billion paid for by the utilities.
Beyond this cover and irrespective of fault, Congress, as insurer of last resort,
Criteria for evaluation of Alternative
India
◦ Self sufficient in thorium (25% world reserve);
◦ but only 1% world reserve of uranium
◦ India’s stake with US increases, if uranium supply
increases
On March 2, 2006 in New Delhi, George W. Bush and Manmohan Singh
Highlights of nuclear deal
No hindrance with India's military nuclear programme
US help India
◦ Negotiate with IAEA for India-specific fuel supply agreement.
◦ Develop strategic reserves of nuclear fuel to guard against future
disruption of supply.
◦ To jointly convene NSG meetings to restore fuel supply.
◦ To facilitate nuclear trade between themselves
◦ To transfer nuclear material, non-nuclear material, equipment
and components.
Highlights of nuclear deal
Low enriched uranium
◦ For use as fuel in reactors
Deal include
◦ Research, development, design, construction, operation,
maintenance and use of nuclear reactors, reactor experiments and
decommissioning.
US have
◦ Right to seek return of nuclear fuel & technology
◦ But will compensate for costs incurred as a consequence of such
removal
Indiacan develop strategic reserve of nuclear fuel
Consultations on circumstances
◦ Including changed security environment
Highlights of nuclear deal
Following can also be transferred-
◦ Sensitive nuclear technology,
◦ Nuclear facilities and
◦ Major critical components
India to establish a new national facility
◦ Dedicated to reprocessing safeguarded nuclear
material under IAEA safeguards.
Nuclear material and equipment transferred to
India by US subject to safeguards
Political opposition!
BJP
◦ Assurance of uninterrupted supply of fissile material uranium?
◦ What if India conducts Nuclear Test?
Left Front
◦ Deal would undermine the sovereignty of India's foreign policy
◦ Harm India's indigenous nuclear program
◦ Withdrew support to the government
BSP
◦ Deal was anti – muslim
Other
◦ Some Indian ex-nuclear scientists to Indian MPs to ensure that
◦ "decisions taken today do not inhibit India's future ability to develop &
◦ pursue nuclear technologies for the benefit of the nation“
◦ US may use the deal as diplomatic weapon Indian not conforming with
◦ geopolitical interests of US
Testing?
Have we surrendered our decision?
◦ Not legally
◦ But for all practical purposes.
Talk of multi-layered consultations and
actions
◦ Public relations exercise
Fallback safeguarded safeguards?
IAEA to apply safeguards in member states in a cost
effective manner
Sources of Data : 'Nuclear Power in India', World Nuclear News, February 15, 2010.
Recommendations to the Current Bill
“Nuclear power programme which was initiated in the country more than 40 years
back has not progressed as envisaged…the target of 20,000 MW fixed in 1970 has
badly slipped… In many countries nuclear power has been down graded due to
safety hazards…There is an urgent need to re-evaluate the role of nuclear
power taking into account both relative costs as well as safety hazards. It goes
without saying that we need strong and autonomous regulatory authorities to check
the safety measures in all our atomic power plants. The atomic safety regulatory
authority needs to be strengthened and made fully autonomous.”
Ironically, this is the position we take now as Dr. Singh himself is trying hard to
sell the money-guzzling, waste-producing, disease-causing and weapons-
proliferating nuclear power to the Indian public
Sources of Data : convocation address in the Indian School of Mines on June 12, 2000 (published in University
News 38 (24), p.11):
USEPA ‘s RFP with vested interests
Request for Proposal issued by United States Environment Protection
Agency wherein any international non-profit organisation can bid for
a grant amounting to US $ 500,000/- to implement the following goal:
“The first activity that the selected recipient should undertake is the
organization of a workshop with a cross-section of Indian
stakeholders and experts to facilitate a dialogue concerning the
establishment of environmental civil judicial authority in India. This
dialogue should be preceded by an analysis, to be developed by EPA,
of India’s current and relevant statutory provisions, with a discussion
of their interpretations and application in civil cases, as well as
specific recommended changes to the Indian Constitution or
environmental statues/regulations that are necessary to establish civil
judicial authorities.” (emphasis ours).