The Supreme Court on Thursday said the Kudankulam nuclear plant cannot be put in jeopardy over the Centre’s failure to have a nuclear fuel storage facility ordered by the court in May 2013.
Directing both the central and Tamil Nadu governments to work out a solution in two weeks, a bench of justices Dhananjaya Y Chandrachud and Hima Kohli repelled demands to shut down the plant. The bench said, “It will be very extraordinary for the court to direct shutting down of the nuclear power plant.”
Responding to suggestions made for closure by the original PIL petitioner G Sundarrajan, the bench said, “See the wider implication this will have. You have investments coming into the nuclear power sector. What message are we sending to them?”
Posting the matter to September 29, the bench sought a response from the Atomic Energy Regulatory Board (AERB) on setting up of the storage facility for spent nuclear fuel from the plant at a faraway location or a deep geological repository (DGR).
At present, the spent fuel is being stored at the Kudankulam nuclear plant that was seen as a potential hazard by nearby residents. Appearing for Sundarrajan, advocate Prashant Bhushan said, “This plant has had 20 closures due to minor accidents. God forbid, if there is a major accident leading to leakage of fuel, it will cause havoc. This will dwarf earlier incidents of Fukoshima (Japan) nuclear accident and will threaten the whole of south India.”
{{/usCountry}}At present, the spent fuel is being stored at the Kudankulam nuclear plant that was seen as a potential hazard by nearby residents. Appearing for Sundarrajan, advocate Prashant Bhushan said, “This plant has had 20 closures due to minor accidents. God forbid, if there is a major accident leading to leakage of fuel, it will cause havoc. This will dwarf earlier incidents of Fukoshima (Japan) nuclear accident and will threaten the whole of south India.”
{{/usCountry}}Solicitor general Tushar Mehta appearing for the Centre denied this claim. He said, “Up to 2026, there is nothing to worry. The delay in setting up the storage facility is not attributable to me. There are certain people not interested in this plant to run.”
Mehta even denied the concerns raised by Bhushan, saying, “The spent nuclear fuel is not of any liquid or gaseous character. These are in boxes which are stored under water within the reactor complex and can be recharged and re-used. It is not like what the petitioner is pointing out. If it was so hazardous and fatal, even the government would not have taken a chance.”
The SC, in its May 2013 judgment, allowing the plant to function at Kundankulam had directed Nuclear Power Corporation of India Limited (NPCIL) to set up the storage facility or DGR in five years. When this period expired, on July 2, 2018, the NPCIL got an extension till April 2022 as a last chance.
Senior advocate V Giri appearing for the Tamil Nadu government informed the apex court that the chief minister of the state had made a representation to the prime minister for making efforts to identify a place to store spent nuclear fuel at a place away from human habitation.
The court directed Tamil Nadu to provide a time schedule within two weeks for completion of public hearing required for setting up a storage facility. However, the bench asked both Mehta and Giri to work out a solution by the next date.
“Between the Centre and state, you are two constitutional functionaries. Why don’t you resolve the issue among yourselves so that the project is not put to jeopardy? This has to be worked out at the highest level,” the bench observed.
In its 2013 judgment, the top court took notice of the safety concerns of residents staying near Kudankulam plant. It had said, “The spent nuclear fuel (SNF) generated needs to be managed in a safe manner to ensure protection of human health and environment from the undue effect of ionizing radiation now and future, for which sufficient surveillance and monitoring programme have to be evolved and implemented.”
It further directed, “Effective steps should be taken by the union of India, NPCIL, AERB, Atomic Energy Commission and Department of Atomic Energy to have a permanent DGR at the earliest so that apprehension voiced by the people of keeping the NSF at the site of Kudankulam NPP could be dispelled…NPCIL says the same would be done within a period of five years.”