We can't do security assessment of all nuclear plants: SC

The Supreme Court on Monday expressed reservation in looking into the safety aspect of all the nuclear plants saying that it did not have expertise but said it can hear the case pertaining to setting up of an independent regulatory body to oversee them.

A bench headed by Chief Justice S H Kapadia asked the petitioners, a group of civil society members, to show that they had earlier approached the concerned authority on the issue and their grievances were not addressed.

The petitioners have sought a direction for appointment of regulating body on the nuclear plants. "These plants were constructed over the years. Every plants has its structure. We are not qualified to examine them. We cannot pass across the board norms for all reactors," the bench said at the very outset of the hearing.

"There are conflicting versions. We do not say that it (PIL) is not important," the bench said while questioning the petitioners whether they have approached the government on the issue.

Advocate Prashant Bhushan, appearing for the petitioners which included former bureaucrats, scientists and non-government organisations, submitted that many letters were written to the prime minister on the issue but nothing has happened. The bench then asked him to show those letters and adjourned the hearing for two weeks. It also suggested that if the petitioners want to raise the issue regarding a particular plant then they should approach the high court of the state in which it is situated.

The PIL sought court's direction for halting construction of all proposed nuclear power plants in the country till their proper security assessment is done by an independent body.

The petitioners, including former cabinet secretary T S R Subramanian, former chief of naval staff L Ramdas, former chief election commissioner N Gopalaswami, K R Venugopal -- former secretary to the prime minister, and nuclear scientist P M Bhargava, have said an expert nuclear regulator, independent of the government be set up to conduct comparative cost-benefit analysis vis-a-vis other sources of energy.

They urged the apex court to declare as "unconstitutional" the Civil Liability for Nuclear Damage Act, 2010 and "appoint an expert independent body to conduct a thorough safety reassessment of all existing and proposed nuclear facilities across the country". They said the apex court should declare that in the event of a nuclear accident, all nuclear operators and nuclear suppliers would be jointly and severally, and absolutely liable for civil damages, and their financial liability would be unlimited.

"Issue an appropriate writ cancelling clearances given to proposed nuclear power plants and stay all proposed nuclear power plants till requisite safety assessment studies, thorough comparative cost-benefit analysis and meaningful public hearings are carried out by or under the supervision of an independent expert body," the petition said.

The members also urged the apex court to quash all the agreements signed between the government and private companies for supply of nuclear reactors and equipment based on private negotiations, without any competitive process and safety evaluation. It pointed out that the Nuclear Power Corporation of India Ltd is planning to construct 36 imported reactors by 2032.

Four 700 MW Pressurised Heavy Water Reactors, two each at Rawatbhata in Rajasthan and Kakrapur in Gujarat are under construction. Two reactors each in Tamil Nadu's Koodankulam district and West Bengal's Haripur district are under construction based on Russian design, the petition said.

The Koodankulam plant has met with stiff opposition from people in the area and the project work has come to a standstill since last month as the agitators intensified their protest by blocking roads leading to the site.