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16.9. It is stated that NPCIL has submitted an application requesting consent for site excavation and an application was made in August, 2010 requesting clearance for hot-run of KKNPP Unit-I as part of commissioning sub-stage and the application along with relevant documents was reviewed by relevant Specialists Groups and Safety Review Committees of AERB as per the multi-tier review practice followed by AERB and accordingly, on 30.6.2011 AERB granted clearance for hot-run for KKNPP Unit-I and the site has submitted results of various tests conducted during this stage which are being reviewed by Specialists Groups and Safety Committee in AERB. It is stated that subsequent to this stage, the next major sub-stage of commissioning involves Initial Fuel Loading (IFL) for KKNPP Unit-I for which NPCIL has submitted an application on 18.4.2012 along with relevant documents requesting consent for the same and AERB is conducting safety review of the IFL application as part of its multi-tier review process before grant of consent. It is stated that one of the pre-requisites, as identified by AERB while giving clearance for hot-run of KKNPP Unit-I, was that all the relevant recommendations of various AERB Safety Committees should be assessed and these need to be implemented on a time bound schedule, for which NPCIL was asked to given their required submissions and the NPCIL is working on the detailed scheme of safety enhancements in the light of various safety committee recommendations.

17.5. It is stated that it is in accordance with the said power and based on the definition of Government Company given under Section 2(bb) of the Atomic Energy Act, 1962, the Central Government in 1980s decided to carry out the generation of electricity through nuclear power stations, which was till then under the Control of Nuclear Power Board, a constituent unit of the Department of Atomic Energy, and thus NPCIL was incporated in the year 1987 under the Companies Act, 1956 as a Government Company wholly owned by the Central Government. It is stated that the NPCIL is under the administrative control of the Department of Atomic Energy of the Government of India. The incorporation of the NPCIL was on 4.9.1987. As per the Office Memorandum dated 4.9.1987, the entire responsibility for the total damages in the event of nuclear incidents was taken by the Central Government. Therefore, the NPCIL is not an ordinary Government Company stated for commercial purpose and is a special company created for a special purpose.

28.2. He would also submit that the present KKNPP is totally different from the Fukushima Atomic Project and KKNPP being the 21st nuclear power plant, the Government of India has taken utmost care, especially after the Fukushima accident.

Contentions of Mr.Mohan Parasaran, Additional Solicitor General 29.1. Mr.Mohan Parasaran, learned Additional Solicitor General of India, who has also made submissions on behalf of the Government of India would trace the constitution of the NPCIL to the Atomic Energy Act and submit that what is done by the NPCIL is not a commercial venture, but is done for and on behalf of the Government of India and the NPCIL is a wholly owned by the Central Government and its object is not profit motivated or commercial in nature and it is only for the purpose of creating NPCIL as an agent of the Government of India for the purpose of implementation of the aims of the Atomic Energy Act on behalf of the Government of India and therefore, the apprehension of the petitioners that NPCIL can divest the share holding is unfounded and the allegations have been made without knowing the historical background.

39.7. Inasmuch as the NPCIL has been created as per the Atomic Energy Act, 1962, it is under the control of the Government of India and the Department of Atomic Energy. The incidental powers which are exercised by the NPCIL, as a Government Company in furtherance of its objects which may be also commercial, does not mean that NPCIL is merely a commercial organization and, therefore, this scheme especially in respect of the proposal for KKNPP Units 1 and 2 should be taken only as a commercial scheme is totally baseless and opposed to the provisions of the Atomic Energy Act, 1962. Moreover, Section 27 of the Atomic Energy Act empowers the Central Government to delegate its powers and, therefore, the NPCIL, being the project proponent however created as a government company for the purpose of imposing a corporate status, cannot be said to be a commercial agency.