International Journal of Applied Engineering Research.

ISSN 0973-4562, Volume 8, Number 18 (2013) pp. 2101-2106

Research India Publications
http://www.ripublication.com/ijaer.htm

Nuclear Energy and Environmental Sustainability:

Issues and Challenges
Harinder Singh
Department of Law, Punjabi University, Patiala.
Abstract
Nuclear Energy is the use of Exothermic Nuclear Processes to
generate useful heat and electricity in India. This term exothermic
reaction includes both nuclear fission and nuclear decay of radioactive
materials such as Uranium U-235 and U-238, Radium (Ra+),
Rubidium (Rub+), Thorium (Th-), Krypton (k+), Polonium (Po-) etc.
Due to easily availability of Thorium and Uranium in India, these are
the main sources for Fuel cycles, which is to be used in the Nuclear
Power Plants. Due to rapid growth of Population, Industrialisation and
Globalisation the need of electricity increased day by day, but all the
sources are insufficient to produce the electricity. Nuclear Power is the
main source to generate the electricity in developing and developed
countries, but this process is very dangerous. The area of the Nuclear
Energy Sector and Nuclear Law is large, very complex and it is more
complicated with study of Nuclear Power Plants in India. Under the
Nuclear Energy Sector so many problems relating to Nuclear Power
Plants like Radioactive Waste Disposal Problems, Radiation Problems
of Nuclear Material, Transportation Problems, Environmental
Problems, Land, Water and Air problems, delay and decay of Nuclear
Waste Material in India. Hence, due to above reasons there is a big
need in of sustainable development in Nuclear Energy Sector in India
for protection of Environment, person and Property.
Keywords: Nuclear, Energy, Exothermic, Environment, Property,
Radiations etc.

1. Introduction
The Department of Atomic Energy Commission (AEC) is under the supervision of
Centre Government and headed by Dr. Manmohan Singh, Prime Minister of India.
Recently, Government of India taking so many initiatives for the development of

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Nuclear Power Plants and Nuclear Fuel Stations in India. A Nuclear Power Plant is a
Thermal Power Station, in which the heat source is a nuclear reactor as in all
conventional thermal power stations. A nuclear reactor is a device to initiate and
control a sustained nuclear chain reaction. The heat is used to generate steam which
drives a steam turbine connected to a generator, which produces electricity. Nuclear
reactors are used at nuclear power plants for electricity generation. The Heat from
nuclear fission (when heavier nuclear splits into smaller nuclear) is passed to a
working fluid (water or gas), which runs through turbines. The Nuclear Energy is the
use of exothermic nuclear process to generate useful heat and electricity. The term
exothermic reaction includes both nuclear fission and nuclear delay and decay of
Radioactive Materials. Due to easy availability of Thorium and Uranium, these are the
main sources for nuclear fuel cycle, which is to be used in both Nuclear Research
Reactors and Nuclear Power Plants in India. The Nuclear Energy is the fourth-largest
source of electricity in India and the Nuclear Power Corporation of India Limited
(NPCIL) regulates and manages the Nuclear Power Plants in India.

2. Nuclear Power Plants Development and Issues

Nuclear Renaissance starts with the election of President George W. Bush in 2000, the
long decline in nuclear power plants development in United States. So Indeed, the
construction of new reactors idea gives the birth to Nuclear Renaissance in United
States and around the World. But in India, Nuclear Renaissance starts with Indo-US
Nuclear Treaty 2005. After development in Nuclear Sector the Indian Government
passed the Civil Nuclear Liability for Damage Act, 2010 is deals with liability of
nuclear damage in civil and defence related nuclear activities in India. In the present
India uses, only 2.9% nuclear energy, next 20 years we have target to achieve 17% of
nuclear energy and its target will be of 25% nuclear energy generation in 2050. In
future India needs to be powerful in both sectors defence and nuclear energy. Hence,
nuclear power plants are the future of Indian nuclear energy industry, which uses the
energy for peaceful purposes and welfare of the common peoples. As of 2012, India
has seven Nuclear Power Plants are in working and generating 4,780 MW energy.
India as a developing country, the most important factor is the growth of Nuclear
Power Plants in India. There are so many sources of energy supply, but nuclear power
is the best source of energy and generates electricity. The Indian Government has been
working hard to increase the supply of power, to establish new nuclear power plants in
India at different locations for energy sector development. The Subject of Nuclear
Energy is highly complex and technical for safety, security and environment
protection. In India, nuclear law is in its developing stage, it is not fully developed in
India. As well as nuclear energy sector is growing in India, nuclear law is also
developed simultaneously. The nuclear law includes the following research areas as
international institutions and organizations, international radiological protection
standards, nuclear accident notification and assistance, nuclear safety, nuclear
regulatory regimes, management of spent fuel and radioactive waste, liability,
compensation and insurance for nuclear damage, non-proliferation of nuclear weapons
and international safeguards for nuclear materials. Nuclear Security includes physical
protection, illicit trafficking and terrorism, international trade in nuclear materials and

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equipment, transport of nuclear materials and fuel, environmental protection. The

nuclear waste poses grave and serious threat to environment and adversely affects the
life of human beings and animals in genetically, biological, psychological and
physically. The other biggest problem is the greenhouse effect which is continuously
increasing due to excessive heat and radiation emitted from Nuclear Power Plants.
Some developing countries have no repository system for nuclear waste and such
waste is disposed of into the sea. For the protection of environment, to control the
excessive heat and nuclear waste escaped from nuclear power plants, the Nuclear
Waste Policy Act of 1982 created a timetable and procedure for establishing a
permanent, underground repository for high-level radioactive waste. The Act also
provided for temporary federal storage of waste, including spent fuel from civilian
nuclear reactors. The Act supports the use of deep geological repositories for the safe
storage and/or disposal of radioactive waste. The concept of environmental security
emerged forcefully in the world Commission Report when the Chenarbyle Nuclear
Accident (near Ukraine and Belarus in Russia) in1986 left serious and harmful effects
on person, property and environment. Another 3 Miles Island Accident (near
Heisenberg, Pennsylvania in Germany) in 1979 is also debated at the first Earth
Summit. Recently, the failure of Nuclear Safety in Japan raised a question against the
huge earthquake and tsunami that struck Japans Fukushima Daiichi Nuclear Power
Station on March 11, 2011. When the backup power of Nuclear Power Plants is
damaged by tsunami, that were needed to cool the reactors at the plant, causing three
of them to undergo fuel melting, hydrogen explosions, and radioactive releases. Such a
nuclear waste has the harmful effect to environment sea creatures, when lot of nuclear
waste material either floated or sank into the deep water of sea. This problem is big
challenge for India and the whole world. In this regard nuclear deal was made
between India and United States for Environmental Protection, Sustainable Nuclear
Development and Nuclear Waste Management. In India, has also passed a new
legislation to deal with nuclear liability for damage against operators liability in India.
For the proper implementation of this Act, Indian Government also passed some Rules
in the year 2011.

3. Legislative Protection Measures: International and National

At International Level, Nuclear Power is regulated by International Atomic Energy
Agency (IAEA), World Nuclear Agency (WNA), and Nuclear Energy Agency (NEA)
is working for the development, safety and security of nuclear Power plants. At
International level the main pieces of law and treaties on the subject in the order of
their adoption are: Vienna Convention on Civil Liability for Nuclear Damage, 1963.
Comprehensive Test Ban Treaty, 1963, Non- Proliferation Treaty, 1968, Energy
Reorganisation Act, 1974, Convention on the Control of Transboundary Movement of
Waste and their Disposal, 1989, Convention on Nuclear Safety, 1994, Joint
Convention on Safety of Spent Fuel Management and Radioactive Waste
Management, 2012. At National Level, Institutional Mechanism in India is National
Atomic Energy Regulatory Board (AERB), Department of Atomic Energy (DAE) and
Atomic Energy Commission (AEC). Law Relating to Nuclear Power Plants in India is
not fully developed, but it is in its initial stage. There are some Indian laws, which deal

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with nuclear energy sector, nuclear waste material, nuclear transportation and nuclear
waste management and environment protection in India, such as: The Atomic Energy
Act, 1948,The Nuclear Waste and Policy Act,1987, Radiation Protection
(Amendment) Rules, 2007, The Civil Nuclear Liability for Damage Act, 2010, The
Civil Nuclear Liability for Damage Rules, 2011.
3.1 Relevant Cases
In the case of Calvert Cliffs Coordinating Committee V. Atomic Energy
Commission449F.2D 1109 (1971) on July 1971a three judge panel of US Court
decided that Baltimore Gas & Electrics application under consideration; it did not
ignore possible environment protection resulting from the plants construction. It
decided that it could rely on standards other than those provided in National
Environmental Policy Act, 1970. In the another case of Duke Power Co. V. Carolina
Environmental Study Group 438 U.S. 59 (1978) in 1973 Duke power Company and
Nuclear regulatory Commission claiming that the Price Anderson Act was
unconstitutional and asking that construction be halted on the plant. This opinion was
wrong, Justice Warren Burger decide the case and given a decision that the Price
Anderson Act, 1957 was not Unconstitutional. An another case, Nuclear Energy
Institute, Inc. V. Environmental Protection Agency, U.S. Courts of Appeals for the
Districts of Columbia Circuit No. 01-1258 (2004) The case heard by the United State
Court and Decided that Yucca Mountain not as a waste disposal site.

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