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15. KKNPP has been set up by NPCIL based on the Indo-Russia Joint Agreement under the guidance and supervision of AEC, BARC, AERB, MoEF, TNPCB, Central and State Governments etc. ARGUMENTS – FOR AND AGAINST

16. Shri Prashant Bhushan, learned counsel appearing for the appellant in SLP Nos. 27335 of 2012, submitted that having seen the experience at Three Mile Island (USA), Chernobyl in Russia and Fukushina in Japan etc., safety of the people and the environment are of paramount importance and if the units are allowed to be commissioned before making sufficient safeguards on the basis of the recommendations made by the Task Force of NPCIL, it may lead to serious consequences which could not be remedied. Learned counsel submitted unless the seventeen recommendations made by the Task Force appointed by NPCIL are implemented before commissioning the plant, serious consequences may follow. Learned counsel submitted that AERB and NPCIL are legally obliged to implement the recommendations and this Court sitting in this jurisdiction is bound to safeguard the life and property of the people residing in and near Kudakulam which is a fundamental right guaranteed to them under Article 21 of the Constitution of India.

56. NPCIL, MoEF and the Department of Atomic Energy (DAE) have filed a detailed counter affidavit on the various issues posed by the appellants. NPCIL, DAE submitted that even though, as per the earlier agreement of 1988 between India and USSR, spent fuel had to be transported to Russia, in a subsequent agreement in 1998 signed between two countries, Government of India had insisted that it should be allowed to retain the spend fuel in India, so that it could be recycled and used. Spent fuel, it is stated, discharged from the reactor contains materials suitable for recycling and hence could be reused to produce electricity. The spent fuel contains minerals, both uranium and plutonium, which constitutes about 96% and 1% of the spent fuel respectively. The remaining 3% contains other components that are normally not recyclable. Further, it has also been pointed out that KKNPP had adequate provisions for safe storage of spent fuel. In KKNPP, Spent Fuel Pool (SFP) is located inside the primary containment, adjacent to reactor cavity which has the capacity to store fuel equivalent to 7 years of full power operation of the plant plus one full core load. AERB Safety Guide “Design of fuel handling and storage systems for pressurized heavy water reactors – AERB/SG/D-24” deals with the safety in design of storage of spent fuel. NPCIL submitted that they are scrupulously following the safety guidelines issued by AERB. However, the Nuclear Recycle Group of the BARC has got an overall view of radioactive waste management in India and has developed certain guidelines for management of nuclear fuel.

66. We may, however, caution that it is of utmost importance that the Union of India, NPCIL etc. should find out a place for a permanent DGR. Storing of SNF at NPP site will, in the long run, poses a dangerous, long term health and environmental risk. NPCIL and the Union of India is bound to look at the probabilities of potentially harmful events and the consequences in future. Noticeably, NPCIL does not seem to have a long term plan, other than, stating and hoping that in the near future, it would establishes a DGR. The Atomic Energy Act, especially Section 17, envisages present and future safety of our NPPs and the lives and environment around. NPCIL and the Union of India must have a hard look at the environmental consequences of its action of setting up of NPPs, hence a permanent DGR is of utmost importance, which they should plan now.

126. NPCIL later submitted its application to the Government of Tamil Nadu for grant of environmental clearance vide its application dated 12.12.1988. As per the then existing practice, applications for environmental clearance of a project like NPP had to be placed before TNSEC which consisted of high ranking officials including the Chairman and Secretary of TNPCB etc. Application was placed before the Committee which met on 15.12.1988 and discussed various issues. The Executive Director of the project NPCIL explained the project in detail to the Committee with particular reference to safety measures. 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 no rehabilitation of the people around the site would be necessary. Some of the Members expressed the apprehension that cyclone condition might affect nuclear plant, which was allayed by the Executive Director, NPCIL stating that the proximity of Srilanka would deactivate the cyclone. The Additional Director (Public Health and Preventive Medicines) expressed the apprehension that the project might pollute the sea water thereby affecting the fish and the consumers. The Executive Director, NPCIL had assured that an Environmental Survey Laboratory (ESL) would be set up 30 km away from Kudankulam and samples of water and fish would be analysed to find out the amount of radioactivity on the flora and fauna. Safety issues were also discussed in that meeting. 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 communicated in the project report.