[It's just a midsummer night's dream that only the US-based suppliers are
wary of liability. So is the FICCI.
(Also see: 
<http://www.telegraphindia.<http://www.telegraphindia.com/1100822/jsp/nation/story_12840086.jsp>
com/1100822/jsp/nation/sto<http://www.telegraphindia.com/1100822/jsp/nation/story_12840086.jsp>
ry_12840086.jsp<http://www.telegraphindia.com/1100822/jsp/nation/story_12840086.jsp>
>, 
><http://www.indianexpress.c<http://www.indianexpress.com/news/nuclear-liability-clause-so-tough-no-supplier-will-come-says-npcil-as-govt-resumes-talks/664130/>
om/news/nuclear-liab<http://www.indianexpress.com/news/nuclear-liability-clause-so-tough-no-supplier-will-come-says-npcil-as-govt-resumes-talks/664130/>
ility-clause-so-tough-no-s<http://www.indianexpress.com/news/nuclear-liability-clause-so-tough-no-supplier-will-come-says-npcil-as-govt-resumes-talks/664130/>
upplier-will-come-says-npc<http://www.indianexpress.com/news/nuclear-liability-clause-so-tough-no-supplier-will-come-says-npcil-as-govt-resumes-talks/664130/>
il-as-govt-resumes-talks/6<http://www.indianexpress.com/news/nuclear-liability-clause-so-tough-no-supplier-will-come-says-npcil-as-govt-resumes-talks/664130/>
64130/<http://www.indianexpress.com/news/nuclear-liability-clause-so-tough-no-supplier-will-come-says-npcil-as-govt-resumes-talks/664130/>>,
<http://www.indianexpress.c<http://www.indianexpress.com/news/Hands-tied--Govt-struggles-to-rewrite-n-liability-Bill/664003>
om/news/Hands-tied--Govt-s<http://www.indianexpress.com/news/Hands-tied--Govt-struggles-to-rewrite-n-liability-Bill/664003>
truggles-to-rewrite-n-liab<http://www.indianexpress.com/news/Hands-tied--Govt-struggles-to-rewrite-n-liability-Bill/664003>
ility-Bill/664003<http://www.indianexpress.com/news/Hands-tied--Govt-struggles-to-rewrite-n-liability-Bill/664003>
>
and <http://groups.google.co.in/group/greenyouth/browse_t
hread/thread/9e2b61390024268d/f8a93876b421393a?lnk=g
st&q=Sukla+Sen%2C+Gopalakrishna#f8a93876b421393a>.]

http://www.business-standard.com/india/news/russia-says-no-to-supplier-liability/405596/

<http://www.business-standard.com/india/news/russia-says-no-to-supplier-liability/405596/>Russia
says no to supplier liabilityJyoti Malhotra / New Delhi August 24, 2010,
0:01 IST

Even as political acrimony over the Nuclear Liability Bill rages in and
outside Parliament, India’s old-time friend Russia has clearly told the
Indian establishment that it will not accept any liability for the supply of
equipment and other material to help India build its nuclear power plants,
either in the present or future.

Left parties have argued over the past week that the Manmohan Singh-led
government has exempted foreign suppliers from liability should a nuclear
accident occur in India, in which their materials are involved, because the
PM “wants to help” private US companies enter the Indian market.

But as the BJP joined the Left in seeking to amend the Bill and embarrass
the government, Russian government sources confirmed to Business Standard
that Moscow had clearly refused to accept any liability for the two civil
nuclear reactors that it is currently building in Kudankulam, Tamil Nadu.

As the world watches India debate its nuclear Bill, US diplomats said they
were concerned that private US companies would be at a “huge risk
disadvantage” if they had to compete with foreign supplier liability
incorporated, compared to government-owned firms such as Russia’s
Atomstroiexport.

But with the Russians now joining the US on this matter, India could be
tying itself to a situation that it had not foreseen — or intended.

Russian sources pointed out that the Kudankulam agreement — signed in 1989
between the erstwhile Rajiv Gandhi government and former president of the
then Soviet Union, Mikhail Gorbachev — contained a clause in which supplier
liability ended with delivery of the nuclear reactor and other equipment to
Indian operator NPCIL.

Even when both countries agreed to grandfather the 1989 Gandhi-Gorbachev
agreement in the face of worldwide opposition soon after the break-up of the
Soviet Union in 1996, a new supplementary contract did not accept any
supplier liability, the Russian sources said.

In fact, the ongoing debate over the Nuclear Liability Bill has so
distressed potential foreign suppliers that many are privately debating
whether it was worth helping India gatecrash the exclusive club of de facto
nuclear powers, even though it has consistently refused to sign the Nuclear
Non-Proliferation Treaty.

As they watch the Indian political class debate the Bill, Russian and
American diplomatic sources said they were united in their opposition to
foreign supplier liability in their contracts with India. US diplomatic
sources, speaking on condition of anonymity, said it would be a “disaster”
for US companies if the Indian Bill insisted on large foreign supplier
liability.

*VIEW FROM MOSCOW
*
*#* Russian sources say Moscow clearly refuses to accept any liability for
Koodankulam reactors

*#* They say neither original 1989 pact nor 1996 supplementary contain
supplier liability clause

*#* That Russian govt would have to re-look its contract if foreign supplier
liability is mandated

*#* None of the 28 countries that have N-liability laws insist on foreign
supplier liability, they add

The Russian government source also said that like the US and France, Russia
would have to “take another look” at its contract with India if the Bill
incorporated foreign supplier liability. “Russia is united with the US and
France on this score… India is creating an international precedent… nobody
will accept this,” the Russian government source said.

He pointed out that India and Russia were, in fact, currently discussing the
technical contract for two more nuclear plants, also to be set up at
Kudankulam — for which an agreement was signed when Russian president Dmitry
Medvedev came to Delhi two years ago — but if India insisted on
incorporating supplier liability in the Bill, Russia could find it difficult
to proceed with the agreement.

“The Indian Bill under discussion in the Indian parliament may become an
obstacle in the fulfilment of the Kudankulam contract with Russia,” the
Russian source said.

 Medvedev is coming to India for his annual summit meeting with Prime
Minister Manmohan Singh on December 21, and it is possible that he will
attend a ceremony to mark the installation of Russian fuel rods into the
Kudankulam reactors.

As they go onstream in December, the Kudankulam reactors will mark an
epochal event in the Indo-Russian relationship, which has been witness to
the tumult and turbulence of the last two decades.

After the break-up of the Soviet Union in 1991, the Russian government not
only evaded international scrutiny to help India’s IAEA-safeguarded Tarapur
reactor with nuclear fuel, it also continued to sidestep Western sanctions
by pursuing its nuclear relationship with India.

So, when the Bush administration decided to push India’s case at the Nuclear
Suppliers’ Group, Russia took full advantage and even before the ink had
dried, signed contracts with India to set up two more civil nuclear power
plants in Kudankulam.

Soon, Russia was allotted the Haripur site in West Bengal to set up another
two nuclear plants. Besides Russia, India allotted sites in Gujarat and
Andhra Pradesh for US reactors and at Jaitapur in Maharashtra for the French
government-owned reactor Areva.

None of the 28 countries which have nuclear liability laws insist on foreign
supplier liability, the Russian sources said.

As for the US, the Nuclear Liability Bill was supposed to be the last bit of
legislation before US President Barack Obama came to Delhi on a triumphal
visit in November.

 Although the Republicans had taken the credit for making India a de facto
nuclear power through the 123 Agreement, the Democrats seem happy to pursue
the course.

But with the BJP and the Left painting the Manmohan Singh-led attempts to
pass the Bill as a “US-inspired campaign,” a US diplomatic source pointed
out that if the Bill did pass in this manner, the “cost-benefit ratio for US
private companies to come into the Indian market would be so poor” that
these companies would have to take a good, hard look at how they want to
participate in the changed rules of the game.


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Peace Is Doable

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