PIL against fuel loading in KKNPP dismissed

A writ plea to was made to declare as null and void the clearance given by the Atomic Energy Regulatory Board (AERB) to the Nuclear Power Corporation of India Limited (NPCIL) for initial fuel loading (IFL) and first approach to criticality (FAC) for the Unit-I of Koodankulam NPP, on August 10 this year.

The clearance given by the AERB did not warrant any interference by this court, a division bench comprising Justices P Jyothimani and P Devadass said and dismissed the public interest writ petition from G Sundarrajan, on August 31 last.

According to petitioner, following the disaster in Fukushima in Japan, the AERB had stipulated 17 requirements to be complied with before starting the plant. But, the NPCIL did not seem to have met with the requirements.

AERB counsel R Suresh Kumar submitted that the 17 requirements were not necessary ingredients for purpose of starting a nuclear project or loading fuel. The requirements were made due to abundant caution to avoid any sort of accident. Simply because some of the requirements had not been complied with and the NPCIL had given an undertaking to comply with the same, it did not mean that the AERB could not itself be satisfied.

Satisfied, the bench observed that as AERB is an experts body, having been created under the Atomic Energy Act, it has got a statutory character and consists of scientists and experts and once such a regulatory body requires compliance of 17 recommendations, we are of the view that it is not for the court to look into that with suspicion.’’ There was no mala fide intention or illegality, the bench added.

The bench, however, made it clear that as per the undertaking given by AERB, the recommendations which were to be complied with were complied with by the NPCIL in accordance with law and should scrupulously follow the same.