http://www.rediff.com/news/column/are-indian-nuclear-weapons-facilities-safe/20110412.htm

<http://www.rediff.com/news/column/are-indian-nuclear-weapons-facilities-safe/20110412.htm>Are
Indian nuclear weapons facilities safe?
Last updated on: April 12, 2011 14:25 IST

*Parliament must insist that the government should direct its Department of
Atomic Energy to immediately examine and make recommendations to the
government on the structure of an independent surveillance and regulatory
authority for the defence nuclear facilities, says Dr A Gopalakrishnan.*
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India has a declared nuclear weapons program and several associated nuclear
installations like plutonium production reactors, spent-fuel reprocessing
units, uranium enrichment and tritium separation plants, radioactive waste
management plants, submarine test reactor facility, etc.

All these facilities have been kept outside the purview of International
Atomic Energy Agency's Safeguards Agreement and their Additional Protocol.
>From the inception of the Atomic Energy Regulatory Board in 1983, all these
facilities were under its safety surveillance & regulation, even though the
AERB is very much a captive organisation of the Department of Atomic Energy,
reporting to the Secretary, Department of Atomic Energy.

But, on April 25, 2000, the then secretary, DAE had ordered that the
regulatory and safety surveillance functions at BARC and its facilities,
which were exercised till then by the AERB, will thereafter be carried out
through an 'Internal Safety Committee Structure' to be constituted by the
director of Bhabha Atomic Research Centre. The structure, membership or
functioning of this committee is not known. This status of safety
administration of the defence nuclear facilities is totally unsatisfactory
because the safety evaluation and regulation is done by the same management
which is responsible for operation and maintenance of these facilities, and
there is no independence of regulation or any transparency of their actions.

Besides, the entire process of operation, maintenance and safety management
of these weapons facilities is kept secret under the Official Secrets Act.
Under the circumstances, it is easy for the government to cut corners in
safety implementation, when faced with the exigencies of weapons production.
No one outside the facility will know about such by-passing of safety
principles and procedures, and none from within the DAE system will dare to
openly question these serious lapses for fear of being accused of violating
the stringent Official Secrets Act.

As a consequence, for the last 11 years, AERB has no knowledge of or control
over the hazardous nuclear facilities and their activities in the extensive
BARC Complex in Trombay, on the outskirts of Mumbai [
Images<http://search.rediff.com/imgsrch/default.php?MT=mumbai> ],
or BARC's extensive and potentially dangerous operations at Kalpakkam near
Chennai, or at Mysore, or elsewhere. This is a serious lacuna, especially in
today's context where the prime minister has ordered a safety audit of only
the nuclear power plants, but not of the country's weapons establishments,
many of which are next door to some of India's [
Images<http://search.rediff.com/imgsrch/default.php?MT=india> ]
most populous cities.

There are several highly hazardous nuclear installations which come within
the ambit of 'weapons facilities', any one of which could cause a major
accident with extraordinary impact on the lives of large populations around
these facilities, besides damage to the environment. Examples of such
facilities include: the BARC complex, containing the 40 megawatt-thermal
(MWt) CIRUS reactor (under shutdown?) and the 100 MWt Dhruva reactor as well
as large amounts of high-grade liquid radioactive waste material stocks; an
old spent-fuel reprocessing plant, an enrichment plant and a fuel
fabrication unit, as well as a tritium separation unit at Trombay, the
uranium enrichment plant near Mysore, the submarine test reactor facility
and the KARP plutonium extraction plant in Kalpakkam; the plutonium plant,
the radioactive waste immobilisation plant, and an Away From Reactor
Spent-Fuel Storage Facility holding enormous quantities of spent-fuel from
the entire life of the GE boiling-water reactors (BWRs), all at Tarapur.

Besides these, there are several pressurized heavy-water reactors (PHWRs)
which India has kept outside the IAEA safeguards, perhaps because we need
the plutonium from their spent-fuel for the strategic programs. Whether DAE
has yet designated such reactors as weapons-related facilities and taken
them away from AERB purview is unclear.

In this context, it is worth examining how the advanced western countries
like the US have handled the safety surveillance and regulation of their
defence nuclear facilities. Since the inception of the US nuclear weapons
complexes during World War II and their expansion during the Cold War era,
these had been managed separately from the power reactor stations, under
strict secrecy. The US Department of Energy and its predecessor agencies,
were managing these weapon facilities, without independent external
oversight, within the executive branch.

This past US situation is a parallel to the one prevailing today in India,
with the DAE carrying on with a weapons program without any independent
overview. The nuclear arms race and the sense of urgency about maintaining a
strong nuclear deterrent legitimised secretive operations in the US weapons
complex in the past, and gave rise to a higher priority for weapons
production needs over concerns for the safety of workers and the general
public.

In India too, I am afraid a similar lop-sided priority is existing today,
with public and worker safety relegated to a much lower level of importance
than nuclear weaponisation.

The Three-Mile Island accident of 1979 in the US and the more devastating
accident at the Chernobyl plant in 1986 drastically changed the perception
of the general public and the US Congress towards the rather relaxed
approach of the DoE regarding the safety overview of military nuclear
activities. This eventually led to the creation of the Defence Nuclear
Facilities Safety Board, an independent executive-branch organisation, by
the US Congress in 1988 to provide technical oversight of the DoE's defence
nuclear facilities, in order to protect the health and safety of the public
and workers. The board was charged with identifying potential safety threats
posed by the facilities, elevating such issues to the highest levels of
authority, and informing the public.

In creating the DNFSB, or the 'Board' as it is often referred to, one aim of
the US Congress was to provide an expert body to act as an adviser to DoE on
establishing, and operating in accordance with standards comparable to those
that prevailed in the US commercial nuclear power industry. Congress also
provided the DNFSB with a variety of powers to carry out its oversight
mission, chief among them being the power to issue formal recommendations to
the secretary, DOE. Interestingly, the secretary is not required to accept
these recommendations, but he is required to answer them.

It is interesting to note the qualification for membership of the DNFSB, as
given in the US Atomic Energy Act 1954 (Chapter-21, Section-311). To quote,
"The Board shall be composed of five members appointed from civilian life by
the President, with the advice and consent of the Senate, from among United
States citizens who are respected experts in the field of nuclear safety
with a demonstrated competence and knowledge relevant to the independent
investigative and oversight functions of the Board. If political
affiliations are involved, not more than three members of the Board shall
belong to the same political party."

Among the functions of the Board, the following task is included: "The Board
shall investigate any event or practice at a DoE defence nuclear facility
which the Board determines has adversely affected, or may adversely affect,
public health and safety."

The Board is also authorised to establish reporting requirements for the
secretary of energy which shall be binding upon the secretary. The
information which the Board may require the secretary of energy to report
under this subsection may include any information designated as classified
information, or any information designated as safeguards information and
protected from disclosure under the US Atomic Energy Act.

After the receipt of any recommendations by the secretary of energy from the
Board, the Board promptly shall make such recommendations available to the
public in the Department of Energy's regional public reading rooms and shall
publish in the federal register such recommendations and a request for the
submission to the Board of public comments on such recommendations.
Interested persons shall have 30 days after the date of the publication of
such notice in which to submit comments, data, views, or arguments to the
Board concerning the recommendations.

The secretary of energy shall transmit to the Board, in writing, a statement
on whether the secretary accepts or rejects, in whole or in part, the
recommendations submitted to him by the Board, a description of the actions
to be taken in response to the recommendations, and his views on such
recommendations. The secretary of energy shall transmit his response to the
Board within 45 days after the date of the publication, under subsection
(a), of the notice with respect to such recommendations or within such
additional period, not to exceed 45 days, as the Board may grant.

At the same time as the secretary of energy transmits his response to the
Board's recommendations, the secretary shall publish such response, together
with a request for public comment on his response, in the federal register.
Interested persons shall have 30 days after the date of the publication of
the secretary of energy's response in which to submit comments, data, views,
or arguments to the Board concerning the secretary's response. The Board may
subsequently hold hearings for the purpose of obtaining public comments on
DNFSB's recommendations and the secretary of energy's response.

>From the above details, it is evident that the United States, a much more
well-informed State when it comes to nuclear power and weapon technologies
compared to India, has not only felt the strong need to institute a
mechanism for independent safety overview and regulation of their military
nuclear facilities, but also felt it is only proper to keep the public
informed of the progress of that oversight function. Compare that with the
shameful secrecy with which the UPA government and its DAE are hiding behind
the Official Secrets Act, and most likely endangering the lives of workers
and the public associated with and living near the civilian and defence
nuclear installations in India.

Parliament must insist that the government should direct its DAE to
immediately examine and make recommendations to the government on the
structure of an independent surveillance and regulatory authority for the
defence nuclear facilities, outside the administrative control of the DAE,
so that transparency and public confidence in safety can be brought about.

The DAE alone may not be competent enough to make an unbiased and
comprehensive recommendation in this regard. They must, therefore, be asked
to have wider consultations and seek and use expert help from within the
country, but from outside the DAE. The final recommendations of the DAE in
this matter should be subjected to scrutiny by a team of senior national
experts, before a new regulatory structure is put in place for the defence
installations, under an appropriate Act of Parliament.

Dr A Gopalakrishnan is former chairman of the Atomic Energy Regulatory Board
.

*

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Peace Is Doable

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