PM seeks legal view on Russia's demand for waiver on N-plants

PM seeks legal view on Russia's demand for waiver on N-plants

With Russia seeking exemption fromNuclear Liability Law for Koodankulam nuclear plants 3 and 4,Prime Minister Manmohan Singh has sought legal opinion on theissue as any waiver could lead to more such demands.

Singh, who is the Minister incharge of the Department ofAtomic Energy, has asked the Law Ministry whether the two newunits to be constructed by Russia at Koodankulam in Tamil Naducan be kept out of the purview of the Civil Liability forNuclear Damage Act passed by Parliament in 2010.

The Law Ministry is set to refer the matter to AttorneyGeneral G E Vahanvati considering the apprehension that ifwaiver is granted to Russia, similar demands could come fromother countries.

Atomic Energy Commission Chairman R K Sinha told PTI thatthe Prime Minister has sought a legal opinion on whether awaiver could be granted for Koodankulam 3&4 from the liabilitylaw under which an operator will have to pay Rs 15,000 croreupfront compensation in case of a mishap.

The query comes against the backdrop of Russia seekingexemption to units 3 and 4, arguing that these were"extensions" of the old project which pre-dated the liabilityregime.

"We understand that if you want same terms of credit, weget same terms of conditions....It would be logical... Nuclearliability is a latter invention," Russian Ambassador AlexanderKadakin had said sometime back.

Sinha noted that the inter-governmental agreement forsetting up nuclear plants at Koodankulam was signed before thenuclear liability act was passed.

"This is part of a consultation process. The Cabinet willtake a final view based on the legal opinion," Sinha said.

The DAE has also sought to know whether a waiver from the liability law to Russia would have any implication on thesimilar agreements India has signed with other countries suchas France and the US.

India had signed agreements with France and the US forsetting up nuclear power plants in the country. An offer madeby South Korea to set up nuclear power plants in India is alsounder examination.

The nuclear liability law gives the operator of a nuclearplant the right to demand compensation from a supplier in casea faulty equipment leads to a mishap.

The first two units of Koodankulam of 1000 mw each areexpected to be commissioned soon after a considerable delaydue to protests by locals against it.

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