Foreign nuclear technology sourced for a nuclear power plant or reactor must have its design certified or approved by the regulatory body in its country of origin and must already be operational there or in another foreign country, according to the draft rules Foreign nuclear technology sourced for a nuclear power plant or reactor must have its design certified or approved by the regulatory body in its country of origin and must already be operational...
Foreign nuclear technology sourced for a nuclear power plant or reactor must have its design certified or approved by the regulatory body in its country of origin and must already be operational there or in another foreign country, according to the draft rules of the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Act, released by the Department of Atomic Energy on Friday.
“The technology intended to be imported or acquired domestically does not adversely affect the interest of India, does not constitute an unreasonable risk to public health and safety and is in conformity with the national policies framed under the Act,” the rules read.
The rules define “the country of origin” as those countries which are self-reliant in nuclear reactor design and supply chain ecosystem whose regulatory approvals are trusted globally.
As per the rules, technology providers shall ensure availability of design support and all necessary permissions and supporting documents from original technology developer unless there has been a complete transfer of technology.
“Provided also that the person sourcing the technology shall ensure that all related Intellectual Property Rights vests with the technology developer,” it added.
The draft rules provide for a single composite licence for building, owning, operating and decommissioning a nuclear power plant or reactor.
The rules also recognise captive nuclear power, including its use by energy intensive industries such as aluminium and cement, as well as data centres, semiconductor manufacturing and AI applications.
A key provision is the proposed “in-principle approval”, which the licensing authority may grant after admitting an application where the applicant has not yet selected a site or reactor technology. The draft defines it as a “statement of support to proceed towards applying for formal licence”, subject to specified conditions. “Upon receipt of a valid ‘in-principle approval’, the applicant may proceed with negotiation with reactor technology vendors and for acquiring the land and other necessary infrastructure,” the draft rules state.
The approval, however, would not amount to a final licence. The draft also provides that an in-principle approval can be revoked if there is a supervening public interest or if material facts emerge indicating that the applicant is owned, controlled or dominated by entities considered inimical to defence and national security or public health and safety. It can also be revoked if obtained through misrepresentation or suppression of material facts.
On nuclear liability, operators would be required to maintain insurance or financial security for nuclear damage, with the financial security remaining in place until spent fuel is removed from the relevant storage pool. The draft also provides for a Nuclear Liability Fund, to be funded through a levy on operators. For specified government-owned installations, the Central Government would assume liability under the conditions set out in the rules.
The draft rules lay out the regulatory framework for a wider nuclear power ecosystem, including private participation, captive nuclear generation, foreign reactor technology, licensing, safety oversight and nuclear liability.
The Department of Atomic Energy has invited comments and suggestions on the draft rules, with September 4, 2026 as the last date for submission.
The draft comes after Parliament enacted the SHANTI Act, 2025, which received presidential assent on December 21, 2025 and enables wider participation of private entities in nuclear power and other permitted nuclear activities under regulatory oversight. India has set a target of achieving 100 GW of nuclear power capacity by 2047.