Indo-US Nuclear Collaboration: Key Legal and Strategic Issues
The discourse on strengthening Indo-US nuclear collaboration highlights two principal legal impediments, each from the American and Indian contexts, impacting potential partnerships in nuclear energy development.
Legal Barriers
- American Side - ‘10CFR810’ Authorisation:
- This regulation allows US nuclear vendors to export equipment to countries including India under strict safeguards.
- It prohibits the manufacturing of nuclear equipment or performing nuclear design work in India.
- This is a significant hindrance from India's viewpoint, which aims to engage in the manufacturing value chain for jointly planned atomic power projects.
- Indian Side - Civil Liability for Nuclear Damage Act, 2010:
- Creates a mechanism for compensating nuclear accident victims and allocates liability.
- Foreign companies like GE-Hitachi, Westinghouse, and Orano view this as a barrier, citing the channeling of operator liability to equipment suppliers as a major concern.
Strategic Initiatives and Opportunities
- US-India Initiative on Critical and Emerging Technology (iCET):
- Aims to address concerns on both sides to enable jointly manufactured nuclear components for new projects in India using American reactors.
- India's Position:
- India is positioning itself as a credible hub for manufacturing nuclear reactors, especially small modular reactors (SMRs) with capacities between 30MWe and 300MWe.
- Global Context:
- China is also advancing in the SMR space for global leadership, using it as a diplomatic tool in the Global South.
Technological and Collaborative Aspects
- India's Current Reactor Technology:
- India's expertise lies in manufacturing 220MWe PHWRs, which rely on heavy water and natural uranium.
- These are becoming less aligned with the globally dominant light water reactors (LWRs).
- Collaborative Opportunities:
- Partnerships with the US could be mutually beneficial, considering India's tech constraints and the US's high labor costs and protectionist trends.
