http://www.hindu.com/2011/06/09/stories/2011060958361100.htm

<http://www.hindu.com/2011/06/09/stories/2011060958361100.htm>Thursday, Jun
09, 2011

*Liability law no longer an obstacle to Russian reactor deal*

Sandeep Dikshit

*Discussions with Russians on the net price for Kudankulam 3 & 4 are in
final stages*

------------------------------
*

India identified `nuclear parks' for reactors from Russia, France and the
U.S.

Russians have sorted out the safety issues
*
------------------------------

NEW DELHI: The impasse in setting up new nuclear reactors in India due to
the Nuclear Liability Act could end soon with India and Russia in the final
stages of finalising a cost mark-up to cover the additional insurance burden
that suppliers must bear as a result of the new law.

The Civil Liability for Nuclear Damages Act 2010 makes suppliers liable in
case of an accident, both through the section giving operators a right of
recourse against them (section 17) in the event of faulty equipment or
design, and through normal tort law (section 46).

American, French and Russian suppliers, assured by New Delhi of lucrative
orders for power reactors, have baulked at these two sections of the
liability law. They claim it would be difficult for them to go ahead with
the setting up of nuclear reactors because of the additional financial
liability due to the higher insurance premia.

“Discussions with the Russians on the net price for Kudankulam 3 & 4 are in
the final stages. We are working out how the Nuclear Liability Act plays on
the price. There will be some change in the price and negotiations are
nearing conclusion,'' official sources told The Hindu. They declined to
spell out the quantum of additional costs or the percentage increase in the
price of the proposed Russian origin reactors at Kudankulam.

India has identified `nuclear parks' for reactors originating from Russia,
France and the U.S. after these countries played a pivotal role in ensuring
a special exemption for India at the Nuclear Suppliers Group (NSG), which
prohibits its members from selling nuclear equipment to countries that do
not allow international inspections over all their nuclear installations.

Prime Minister Manmohan Singh had discussed this issue with Russian
President Dmitry Medvedev at the BRICS (Brazil, Russia, India, China and
South Africa) summit in China in April and they had agreed to speed up
discussions since both countries had no other issues apart from the nuclear
liability law hindering progress, unlike France and the U.S.

The French company, Areva, cannot go ahead with its plans due to India's
inability to ink a civil nuclear agreement with Japan. Areva, as well as GE
from the U.S., depend on Japan Steel Works (JSW) for reactors pressure
vessels. The US companies too have Japanese equity in their civil nuclear
ventures and cannot go ahead without an Indo-Japan civil nuclear pact, even
if the nuclear liability issue is sorted out.

However, to get around this problem, officials hope that the South Korean
Doosan Heavy Industries and a U.K. based company would be able to step in
for Japanese companies if the civil nuclear pact with Japan remains elusive.

But till then, the Russians will remain in the lead. They have sorted out
the safety issues and India's largest ever nuclear reactor, Kudankulam-I,
based on Russian technology, is likely to go critical in the next few
months. This reactor will be followed by another Russian reactor going
critical at an adjoining site.

On the other hand, the political uncertainty in Tokyo in the wake of the
Fukushima nuclear plant accident has dimmed the chances of a quick end to
negotiations on a India-Japan civil nuclear agreement.

-- 
Peace Is Doable

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