Key Features of the SHANTI Bill
Legislative & Institutional Framework
- Legal Overhaul: Replaces the Atomic Energy Act, 1962 and the Civil Liability for Nuclear Damage (CLND) Act, 2010, with a unified SHANTI Act.
- Regulatory Status: Grants statutory status to the Atomic Energy Regulatory Board (AERB), making it accountable to Parliament.
- Appellate Body: Designates the Appellate Tribunal for Electricity (APTEL) to hear nuclear disputes.
- Claims Commission: Establishes a Nuclear Damage Claims Commission to adjudicate compensation for severe damage.
Private Sector Participation
- Monopoly: Ends the Nuclear Power Corporation of India Limited (NPCIL) monopoly over nuclear power plant operations.
- Private Operations: Permits Indian private companies to build, own, and operate nuclear power plants, subject to license.
- FDI Cap: Restricts Foreign Direct Investment (FDI) in nuclear power projects at 49%.
Liability & Compensation
- Tiered Liability: Links operator liability to plant size, ranging from ₹100 crore (<150 MW) to ₹3,000 crore (>3.6 GW).
- Supplier Immunity: Exempts suppliers from liability by removing provisions allowing operators to sue suppliers for equipment failures.
- Penalty Limit: Limits the maximum financial penalty for violations of the act to ₹1 crore.
- Liability Fund: Creates a central fund to cover damages exceeding the operator’s capped liability.
Technology & Innovation
- Patent Reform: Amends Section 4 of the Patents Act, 1970, to allow patenting of peaceful nuclear energy inventions.
- Bharat SMRs: Institutionalises the ₹20,000 crore ‘Nuclear Energy Mission’ to deploy indigenous 220 MW Small Modular Reactors (SMRs).
- Strategic Control: Retains full government control over uranium enrichment, spent fuel reprocessing, and heavy water production.
Objectives of the Bill
- Mobilise ₹15-20 lakh crore private capital to scale nuclear capacity to 100 GW by 2047.
- Deploy Small Modular Reactors to replace coal use and help industries bypass carbon taxes.
- Facilitate advanced nuclear technology transfers by resolving critical liability barriers.
- Secure nuclear energy as clean baseload power to stabilise the grid against renewable fluctuations.
- Position nuclear energy as the third pillar, alongside solar and wind, to achieve Net Zero by 2070.
Nuclear Energy Landscape in India
- India operates 25 nuclear reactors at seven power stations with 8,880 MW installed capacity.
- Nuclear energy accounted for 3% of India’s total electricity generation in FY 2024-25.
- India targets nuclear capacity of 22.5 GW by 2031-32 and 100 GW by 2047.
- Kazakhstan supplies 80% of India’s uranium imports, followed by Russia, Uzbekistan & Canada.
- The Atomic Energy Act, 1962, restricts nuclear power generation to the central government and PSUs.
- The Atomic Energy Regulatory Board oversees nuclear safety, licensing, and regulatory compliance.
|
Challenges of the Bill
- High Capital Intensity: Nuclear power projects have long gestation periods and high upfront costs. Mobilising ₹15–20 lakh crore in private capital is a massive target, especially when renewable alternatives (solar/wind) are cheaper and faster to deploy.
- FDI Limitations: While the bill invites private participation, the 49% cap on Foreign Direct Investment (FDI) may deter global nuclear giants (like Westinghouse or EDF) who often seek controlling stakes to manage proprietary technology and operational risks.
- Regulatory Capacity: Shifting from a government monopoly (NPCIL) to multiple private operators will exponentially increase the burden on the Atomic Energy Regulatory Board (AERB).
- Fuel Cycle Dependency: Private players can build and operate reactors, but the government retains control over uranium enrichment and spent fuel reprocessing.
- SMR Technological Maturity: While Small Modular Reactors (SMRs) are a key focus, commercially proven SMR technology at scale is still globally nascent.
Way Forward
- Green Taxonomy Inclusion: Officially classify nuclear energy as “green finance” to allow access to lower-cost capital, green bonds, and international climate funds.
- Strict Safety Audits: Implement a “safety-first” licensing regime where private licenses are subject to periodic, stringent reviews rather than one-time approvals.
- Public-Private Partnerships (PPP): Rather than full privatisation immediately, starting with PPP models (e.g., NPCIL forming JVs with private steel or power companies) could smooth the transition.
- Liability Fund Management: Ensure the central Liability Fund is capitalised adequately and transparently to handle potential claims exceeding the operator’s cap, maintaining public trust.
Read More> Privatisation of Nuclear Power