Deliberations within the government continue on bringing in new legislation to allow the private sector to operate nuclear plants in India, with questions regarding management of nuclear waste and determining if private players can conduct core research into nuclear technologies still being ironed out.

Drafts of the proposed new bill were still being deliberated upon by an intergovernmental committee of experts as well as the Law Ministry though there was a “good chance” of it being introduced in the forthcoming Winter Session of Parliament, an official privy to the proceedings told The Hindu on condition of anonymity.

Currently, only the Nuclear Power Corporation of India Limited (NPCIL), Bhartiya Nabhikiya Vidyut Nigam Limited (BHAVINI) and NPCIL-NTPC joint venture Anushakti Vidhyut Nigam Limited (ASHVINI) can build and operate nuclear power plants in the country.

In February, however, Finance Minister Nirmala Sitharaman said in her Budget speech that the government intended to amend two Acts — the Atomic Energy Act and the Civil Liability for Nuclear Damage Act — to enable private companies, including foreign companies, to form partnerships, and build and operate nuclear plants in India.

‘Unlimited liability on foreign suppliers’

Despite the Indo-U.S. nuclear deal of 2008 formally allowing sale of nuclear technologies to India, though with built-in periodic checks and scrutiny by the International Atomic Energy Agency, clauses in India’s Atomic Energy Act and the Civil Liability for Nuclear Damage Act (2010) have been impediments since they impose practically unlimited liability on foreign suppliers of nuclear equipment in case of an accident.

“The effort is to align India’s laws on liability with that of conventions such as the Convention on Supplementary Compensation for Nuclear Damage (CSC),” the official quoted above noted. “However, we also have to bring clarity on questions such as who will be responsible, whether it is the private sector or the government power plant operators, for safe disposal of nuclear waste as well as the re-processing of spent nuclear fuel. There is also discussion on enabling research and development of core nuclear technologies.”

The government’s thrust to encourage greater private sector participation is with the larger objective of installing 100 GW of nuclear capacity by 2047. This is premised not only on importing foreign reactors but also developing Bharat Small Reactors (BSRs) and exploring partnerships with the private sector. BSRs are 220 MW Pressurized Heavy Water Reactors (PHWRs). These reactors are being upgraded to reduce land requirements, making them suitable for deployment near industries such as steel, aluminium, and metals units, serving as captive power plants to aid in decarbonisation efforts.

The plan involves private entities providing land, cooling water, and capital, while the NPCIL handles design, quality assurance, and operation and maintenance. This initiative aligns with India’s commitment to achieving 500 GW of non-fossil fuel-based energy generation by 2030 and meeting 50% of its energy requirements from renewable energy by 2030.

In addition to BSRs, the Bhabha Atomic Research Centre (BARC) is developing Small Modular Reactors (SMRs) for repurposing retiring coal-based power plants and meeting power needs in remote locations. The Department of Atomic Energy (DAE) also plans to introduce new nuclear reactors, including high-temperature gas-cooled reactors for hydrogen co-generation and molten salt reactors aimed at utilising India’s abundant thorium resources.