Nuclear Plant Journal, September-October 2013 NuclearPlantJournal.com
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Overcoming Inter...
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Proactive Obsole...
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not exercise the right of recourse against
suppliers conferred to it under Section
17. Whether and to what extent this may
be permissible is also being analyzed and
debated.
Another provision that may expose
suppliers to a risk of multiplicity of
proceedings and potentially uncapped
liability is Section 46 of the CLND Act:
“The provisions of the Act shall be in
addition to, and not in derogation of, any
other law for the time being in force, and
nothing contained herein shall exempt
the operator from any proceeding which
might, apart from this Act, be instituted
against such operator.”
While the second part of the provision
suggests that the CLND Act may not bar
proceedings under other laws against the
operator, the first part may potentially be
construed as preserving claims/remedies
against the supplier outside the ambit of
the CLND Act (e.g. under tort law).
5.
Is the liability issue still affecting
vendors from exporting to India?
The United States has raised con-
cerns about the liability regime in India
not being in consonance with the Con-
vention on Supplementary Compensation
for Nuclear Damage (“CSC”). India is a
signatory to the CSC, but is yet to ratify
it. Despite potential concerns about the li-
ability regime, there has been some prog-
ress in promoting bilateral civil nuclear
trade. India faces a significant power
deficit and considering limitations on de-
veloping other forms of power (such as
fossil fuel shortages), nuclear power is
expected to bridge the gap to a large ex-
tent - the Department of Atomic Energy
envisages developing 20 GWe nuclear
power by 2020. Currently, Westinghouse
and GE-Hitachi are both working towards
reaching early works agreements with
NPCIL for the proposed construction of
AP1000 and ESBWR reactors in India.
Contact: Elina Teplinsky, Pillsbury
Winthrop Shaw Pittman LLP, 2300 N Street,
NW, Washington, DC 20037; telephone:
(202) 663-9009, fax: (202) 663-8007, email:
were given at each site to further the
program’s support.
CENG’s application is yielding
hands-on experiences and lessons learned
that are being shared with other utilities
developing their own obsolescence
management programs.
“Obsolescence issues remain a
major challenge for the nuclear industry,”
said Gene Van Slyke, CENG’s senior
vice president of support services. “We
are developing solutions that not only
benefit CENG’s performance, but the
performance of every nuclear energy
facility in the country. We are only
beginning our journey in resolving these
challenging issues.”
Contact: Mark Tannenbaum, Electric
Power Research Institute, telephone:
