Kudankulam NPP- Validity of E.C Granted in 1989?

EIA Notification S.O.60 ( E ) dated 27-01-1994

According to Sub-section (2)(III) (C), the Environmental Clearance granted shall be valid for a period of 5 years for commencement of the construction or operation of the project.

EIA Notification S.O.1533 dated 14-09-2006

According to Section 9, the "Validity of Environmental Clearance" is meant the period from which a prior environmental clearance is granted by the regulatory authority, or may be presumed by the applicant   to have been granted under sub paragraph (iv) of paragraph 7 above, to the start of production operations by the project or activity, or completion of all construction operations in case of construction projects (item 8 of the Schedule), to which the application for prior environmental clearance refers. 

 MOEF, GOI Letter No.J.14011/1/88- IA.11 (M) dated 06-09-2001 addressed to Director (K K-LWR) , NPCIL

"Ministry has noted the chronology of events of appraisal of  the project , the progress made on implementation of the project, both in construction activities as well as the compliance to stipulations made in our environmental clearance letter of even number dated 9 th May 1989 The undersigned has also visited the site on 31 st August 2001 It was observed during the visit that the land acquisition has been completed and construction work on various components such as Township , Environmental and Health Research Centre , RO Plant etc. is in progress.------ In pursuance of the discussions at site, NPCIL has now submitted, vide its letter of 5 th September, 2001 details of expenditure and commitment made till August 2001 to the tune of Rs.37,727.26 Lakhs for Kudankulam Atomic Power Project"   

"Keeping in view the steps already taken to implement the project, the Environmental Clearance issued in May, 1989 stands valid and there is no need to conduct public hearing and seek fresh environmental clearance----"

Points to be addressed

1) The first Environmental Clearance (EC) for K K-1&2 units was granted on 9 th May 1989, 23 years back prior to issuing EIA Notification S.O.60 (E) dated 27-01-1994, which stipulates E C Validity for a period of 5 years for commencement of the construction or operation of the project. This is rather vague-what is meant by construction?

Even assuming 5 years for "Commencement of Construction", KKNPP should have started construction latest by May 1994, which does not seem to be the case, judging by MOEF appraisal in September 2001. The expenditure commitment made even till August 2001, was to the tune of Rs 37,727.26 Lakhs, seems to be meager, when compared to the massive expenditure for units 1&2 of KKNPP. The ground reality as on May 1994 remains a big question mark?  Therefore the validity of EC in 2001 and beyond is questionable?

2) According to EIA Notification S.O.1533 dated 14-09-2006, the validity of EC is for a period of 5 years from the date of granting prior environmental clearance till the start of production operations. Even assuming the base date as 14-09-2006, the date of issue of EIA Notification S.O.1533, at least one unit of KKNPP should have been commissioned by 14-09-2011 ? 

3) The stipulations made by MOEF, while granting EC more than two  decades back , particularly with regard to Radiation Hazards in the vicinity of NPP, the Risk / Disaster  Management Plans etc may prove to be grossly inadequate,  taking into account the Chernobyl and Fukushima Nuclear Power Plant Disasters ? 

Therefore extending the validity of EC granted on 9 th May 1989, more than 23 years back, nearly half of the estimated useful life of a Nuclear Power Plant, needs to be examined / reviewed  whether it stands to Legal Scrutiny, Safety Standards, Aspirations of the Stakeholders in the Plant Vicinity  etc ?

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