Nuclear Safety Regulatory Authority (NSRA)

Are there enough regulatory safeguards against nuclear power

The Kudankulam plant is expected to provide 2 GW of electricity annually. but activists concerned about the risks of nuclear energy are demanding that the plant be shut down. 

Present Regulation system

Atomic materials and atomic energy are governed by the Atomic Energy Act, 1962.  The Act empowers the central government to produce, develop and use atomic energy. 

At present, nuclear safety is regulated by the Atomic Energy Regulatory Board (AERB). 

Key issues under the present nuclear safety regulatory mechanism

The AERB is not empowered to operate as an independent operator. 

The AERB was established by the government through a notification and not through an Act of Parliament.

Its powers and functions are therefore amendable by the Department of Atomic Energy through executive orders.  The parliamentary oversight exercised upon such executive action is lower than the parliamentary oversight over statutes.

the Atomic Energy Commission that sets out the atomic energy policy, and oversees the functioning of the AERB, is headed by the Secretary, Department of Atomic Energy.  This raises a conflict of interest, as the Department exercises administrative control over NPCIL that operates nuclear power plants.

CAG Report in 2011, had highlighted the drawbacks in the present regulatory mechanisms and recommended the establishment of a statutory regulator.

Proposed mechanism

Following the Fukushima nuclear incident in 2011, the Nuclear Safety Regulatory Authority Bill, 2011 was introduced in Parliament to replace the AERB.

The Bill establishes the Nuclear Safety Regulatory Authority (NSRA) to 

regulate nuclear safety, and 

a Nuclear Safety Council to oversee nuclear safety policies that the NSRA issues.

Under the Bill, all activities related to nuclear power and nuclear materials may only be carried out under a licence issued by the NSRA.

Extent of powers and independence of the NSRA and limitations

The Bill establishes the NSRA as a statutory authority that is empowered to issue nuclear safety policies and regulations

The Nuclear Safety Council established under the Bill to oversee these policies includes the Secretary, Department of Atomic Energy.  The conflict of interest that exists under the present mechanism may thus continue under the proposed regulatory system.

The Bill provides that members of the NSRA can be removed by an order of the central government without a judicial inquiry.  This may affect the independence of the members of the NSRA.

The proposed legislation also empowers the government to exclude strategic facilities from the ambit of the NSRA.  The government can decide whether these facilities should be brought under the jurisdiction of another regulatory authority.

    more details : http://www.prsindia.org/uploads/media/Nuclear%20Safety/Legislative%20Brief%20NSRA%20Bill,%202011.pdf

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