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Nuclear Energy

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egulate! This makes the regulatory process a complete sham. Among nuclear and threshold nations<br />

of the world, India is the only country where such a situation prevails. dvi<br />

This lack of independence of the regulatory authority in India contravenes the international<br />

Convention on <strong>Nuclear</strong> Safety (CNS), of which India is a signatory. According to this convention,<br />

the regulatory body should be provided with adequate authority, competence and financial and<br />

human resources to fulfill its assigned responsibilities. There should be an effective separation<br />

between functions of the regulatory body and those of any other organisation concerned with the<br />

promotion or utilisation of nuclear energy. An additional important function of the regulatory body<br />

is to communicate independently its regulatory decisions and their bases to the public. dvii The<br />

functioning of the AERB violates the CNS on all these three counts. Not only is the AERB<br />

subordinate to the body it is supposed to regulate, it is completely dependent on the DAE: the<br />

AERB depends, to a major extent, on the DAE for funds, manpower, technical expertise and<br />

material resources. And, as we see below, the AERB and DAE do not share any information<br />

regarding safety at India's nuclear installations with the people, and are empowered by law for this.<br />

Probably the only time the AERB has attempted to function as an independent safety<br />

regulator was in the period 1993-96, when Dr. Gopalakrishnan was the Chairman of the AERB.<br />

During his tenure, the AERB undertook to prepare a comprehensive document on DAE's safety<br />

status. However, all his efforts to improve the safety situation of India's nuclear installations were<br />

stonewalled by the DAE. In Gopalakrishnan's own words (in an article published in the Chennai<br />

fortnightly Frontline in 1999): “After four months of serious effort by the AERB staff and after<br />

referring to more than 700 of the DAE's own documents, the AERB prepared a report titled Safety<br />

Issues in DAE Installations. It covered about 130 safety issues, of which 95 are of top priority. This<br />

document was discussed and approved by the AERB at its 46th meeting on November 7, 1995 and<br />

then submitted to the AEC… To date, however, it is not known whether any concrete action has<br />

been taken on this report, even though the present Chairman of the AERB, asserts to the press that<br />

'every issue is being seriously looked into'.” dviii<br />

Failing to make any reforms in the system, all that Gopalakrishnan could do was to voice his<br />

concerns before the people of the country upon his retirement. In an interview to The Times of<br />

India, Mumbai (June 18, 1996), he stated: "During my six-year-old association with the AERB<br />

(three years as a member and the remaining period as chairman), I was able to study the nuclear<br />

regulatory process thoroughly. I discovered that it was a total farce. I was of the opinion that the<br />

government and the public should know this because ultimately they finance the nuclear<br />

establishment. My straightforward attitude was not liked by the top bosses of the establishment. The<br />

DAE wants the government and the people to believe that all is well with our nuclear installations. I<br />

have documentary evidence to prove that this is not so." dix<br />

Defending his employer, G.R. Srinivasan, director for health, safety and environment, NPC,<br />

stated: "Even if a highly unlikely accident takes place, our nuclear power plants are so designed that<br />

the public domain would suffer no harmful exposure." dx Unfortunately, the Government of India or<br />

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