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Sources say that India is planning to relax nuclear liability laws in order to attract foreign companies.

Sources say that India is planning to relax nuclear liability laws in order to attract foreign companies.

Three government sources have said that India plans to relax its nuclear liability laws in order to cap the penalties for equipment suppliers who are involved in accidents. This is a move to attract U.S. companies which were holding back because of the potential risk.

The government of Prime Minister Narendra Modi has proposed to increase nuclear power production by 12 times, to 100 gigawatts in 2047. This will also give India a boost in its trade and tariff talks with the U.S.

Three sources confirmed that a draft law prepared the Department of Atomic Energy removes an important clause from the Civil Nuclear Liability Damage Act of 2010, which exposes suppliers unlimited liability for accidents.

The Indian atomic energy department and finance ministry have not responded to requests for comment.

Debasish Mishra is the chief growth officer of Deloitte South Asia. He said, "India needs nuclear energy, which is clean, essential and necessary."

A liability cap will alleviate the main concern of suppliers of nuclear reactors.

The amendments comply with international standards that place the responsibility for safety on the operator, not the nuclear reactor supplier.

New Delhi hopes the changes will alleviate concerns from mainly U.S. companies like General Electric Co. and Westinghouse Electric Co. that have been on the sidelines due to the unlimited risks of accidents for years.

Analysts believe that the passage of this amended law will be crucial in the negotiations between India and America for a deal to increase bilateral trade from $191 billion to $500 billion dollars by 2030.

Sources say that Modi's government is confident about getting approval for amendments during the monsoon sessions of Parliament, which will begin in July.

According to the proposed amendments the operator's right to compensation will be limited by the value of the contract. The contract will specify a time period for the compensation.

The law currently does not specify a maximum compensation amount that an operator may seek from suppliers, nor a period of time for which the supplier can be held responsible.

LAW GREW OUT OF BHOPAL DISASTER

The 2010 Indian nuclear liability law was influenced by the Bhopal Gas Disaster of 1984, which is the deadliest industrial disaster in the world. It occurred at an American multinational Union Carbide Corp factory, where more than 5,000 workers were killed.

Union Carbide settled out of court for $470 million damages in 1989.

Since the two countries reached a nuclear cooperation agreement in 2008, the current liability law has strained U.S. and Indian relations.

This also put U.S. companies at a competitive disadvantage with Russian and French firms whose governments underwrite their accident liability.

Three sources confirmed that the draft law would also lower the liability cap for small reactor operators to $58 million. However, it is unlikely to change the cap of $175,000,000 currently in place for large reactor operators.

India has a big bet on nuclear energy to meet its growing energy demand. It does not want to compromise on its net-zero commitments so it is allowing private Indian companies to construct such plants.

Indian conglomerates such as Reliance Industries and Tata Power have been in talks with the government about investing around $5.14billion each into the sector. Reporting by Sarita Chantanti Singh and Editing by Raju Gopikrishnan.

(source: Reuters)