The plant should not be made operational unless AERB, NPCIL, DAE accord final clearance for commissioning of the plant ensuring the quality of various components and systems because their reliability is of vital importance.

MoEF should oversee and monitor whether the NPCIL is

complying with the conditions laid down, while granting

clearance vide its communication dated 23.9.2008 under the provisions of EIA Notification of 2006, so also the conditions laid down in the environmental clearance granted by the MoEF vide its communication dated 31.12.2009. AERB and MoEF will see that all the conditions stipulated by them are duly complied with before the plant is made operational.

Maintaining safety is an ongoing process not only at the

design level, but also during the operation for the nuclear

plant. Safeguarding NPP, radioactive materials, ensuring

physical security of the NSF are of paramount importance.

NPCIL, AERB, the regulatory authority, should maintain

constant vigil and make periodical inspection of the plant

at least once in three months and if any defect is noticed,

the same has to be rectified forthwith.

NPCIL shall send periodical reports to AERB and the AERB

shall take prompt action on those reports, if any fallacy is

noticed in the reports.

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.

AERB should periodically review the design-safety aspects

of AFR feasibly at KKNPP so that there will be no adverse

impact on the environment due to such storage which

may also allay the fears and apprehensions expressed by

the people.

DGR has to be set up at the earliest so that SNF could be

transported from the nuclear plant to DGR. NPCIL says

the same would be done within a period of five years.

Effective steps should be taken by the Union of India,

NPCIL, AERB, AEC, DAE etc. 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 should ensure that the radioactive discharges to the

environmental aquatic atmosphere and terrestrial route

shall not cross the limits prescribed by the Regulatory

Body.

The Union of India, AERB and NPCIL should take steps at

the earliest to comply with rest of the seventeen

recommendations, within the time stipulated in the

affidavit filed by the NPCIL on 3.12.2012.

The apex court, in para 189, has cautioned AERB, NPCIL as follows.

“Adequate measures have, therefore, to be taken for storage of NSF at site, and also for the physical safety of stored NSF. Of the seventeen suggested safety measures, by AERB, LWR, twelve have already been implemented and the rest, in a phased manner have to be implemented which the experts say, are meant for extra security”

The apex court, in para 228, has also emphasised as follows

“Therefore, I am obliged to think that the delicate balance in other spheres may have some allowance but in the case of establishment of a

nuclear plant, the safety measures would not tolerate any lapse. The grammar has to be totally different. I may hasten to clarify that I have not discussed anything about the ecology and environment which has been propounded before us, but I may particularly put that the

proportionality of risk may not be “zero” regard being had to the nature’s unpredictability. All efforts are to be made to avoid any man-made disaster. Though the concept of delicate balance and the doctrine of proportionality of risk

factor gets attracted, yet the same commands the highest degree of constant alertness, for it is disaster affecting the living. The life of some cannot be sacrificed for the

purpose of the eventual larger good.”

Therefore, NPCIL is expected to lay down strict time schedules to ensure safety and the progress reports should be available in public domain as required under Section 4 of RTI Act, 2005.

SNF is not being re-processed at the site, which has

to be transported to a Re-Processing facility. Therefore,

the management and transportation of SNF be carried out

strictly by the Code of Practices laid down by the AERB,

following the norms and regulations laid down by IAEA.

NPCIL, AERB and State of Tamil Nadu should take

adequate steps to implement the National Disaster

Management Guidelines, 2009 and also carry out the

periodical emergency exercises on and off site, with the

support of the concerned Ministries of the Government of

India, Officials of the State Government and local

authorities.

Hon’ble High Court in W.P.No.24770 of 2011 August 2012

(Para 89) observed as follows

“Even though it is stated that the said exercise was done in only one village, namely Nakkaneri village, which is stated to be nearer to the KKNPP, as we are informed that nearly 30 to 40 villages are within 30 Kms radius of KKNPP, such event must take place in all villages and more importantly, apart from the officials, as stated above, the people in the area must be made to participate and an awareness programme must be made to infuse confidence in the minds of the local people that the project is for the benefit of the country and there is no need to alarm”

Since this observation has not been modified by the apex court, it should be treated as a pre-condition to commissioning of the plant. In addition, implementation of NDMA’s guidelines should also precede commissioning.

The apex court’s observation in para 221 (extracted below) of the judgement has importance

“The concept of disaster management cannot be allowed to remain on paper. Its procrastination itself rings the bell of peril. The

administration has to be alive to the said situation and the awakening to manage the disaster in case of an

unfortunate incident has to be founded on scientific and

sophisticated methods. Taking care of the situation of the present alone is not the solution. All concerned with the same are required to look to the future because that elevates the real concern. The danger of the future should be seriously taken note of and should not be veiled in the guise of thought for the present”.

NPCIL, in association with the District Collector,

Tiruneveli should take steps to discharge NPCIL Corporate

Social Responsibilities in accordance with DPE Guidelines

and there must be effective and proper monitoring and

supervision of the various projects undertaken under CSR

to the fullest benefit of the people who are residing in and

around KKNPP.

NPCIL and the State of Tamil Nadu, based on the

comprehensive emergency preparedness plan should

conduct training courses on site and off site administer

personnel, including the State Government officials and

other stake holders, including police, fire service, medicos,

emergency services etc.

Endeavour should be made to withdraw all the

criminal cases filed against the agitators so that peace

and normalcy be restored at Kudankulam and nearby

places and steps should be taken to educate the people of

the necessity of the plant which is in the largest interest of

the nation particularly the State of Tamil Nadu.

The AERB, NPCIL, MoEF and TNPCB would oversee

each and every aspect of the matter, including the safety

of the plant, impact on environment, quality of various

components and systems in the plant before

commissioning of the plant. A report to that effect be filed

before this Court before commissioning of the plant.