Ask AI
S. 1225

Price-Anderson Act Amendments Act of 1985

(Reported to Senate from the Committee on Environment and Public Works with amendment (without written report))

Price-Anderson Act Amendments Act of 1985 - Amends the Atomic Energy Act of 1954 to extend (from December 31, 1976, to 12 months after the date of enactment of this Act) the deadline by which the Nuclear Regulatory Commission (NRC) must prescribe the terms for licensees required to maintain financial protection to cover public liability claims.

Increases from $5,000,000 to $60,000,000 the maximum standard deferred premium which may be charged following such an incident for each facility required to maintain the maximum amount of financial protection.

Directs the Commission to request the Congress to appropriate sufficient funds for the Commission to issue obligations to the Secretary of the Treasury for the purpose of compensating public liability claims if the aggregate annual deferral premiums assessed for a nuclear incident are insufficient to indemnify such claims in a timely manner.

Provides that aggregate payments in any single year regarding liability for a nuclear incident covered by an industry retrospective rating plan may not be required to exceed the amount of financial protection provided in that year under the Atomic Energy Act of 1954. States that the exclusive source of payments for public liability claims shall be the funds provided by financial protection under such Act, and the funds provided as a result of the obligations issued by the Commission. States that the total of such obligations shall not exceed amounts provided in appropriation Acts. Sets forth guidelines for the issuance and redemption of such obligations.

Authorizes the Secretary of Energy (the Secretary) to enter into indemnification agreements with contractors (until August 1, 2007) for the construction or operation of production or utilization facilities for the benefit of the United States involving activities under the risk of public liability for a substantial nuclear incident (currently, the NRC has this authorization). Includes in such authorization any contracts involving the storage or disposal of spent nuclear fuel, high-level radioactive waste, or transuranic waste, including the transportation of such materials to a storage or disposal site or facility, and the construction and operation of such site.

Directs the Secretary to make available from the nuclear waste fund the amounts necessary to compensate public liability claims related to the transportation, storage or disposal of specified nuclear waste. Requires the Secretary: (1) to determine the extent to which a nuclear incident related to such waste involves materials produced as a result of electricity generated in a civilian nuclear power reactor (or materials resulting from other activities or both); and (2) to decide the appropriate source of funds to be used in compensating public liability claims based upon that determination. Requires the Secretary to promulgate the regulations for making such determination within 90 days of enactment of this Act.

Authorizes the Secretary to require as part of an indemnification agreement that a contractor maintain financial protection to cover any public liability relating to the contractual activity. Sets indemnification guidelines for persons indemnified against public liability claims. Sets $100,000,000 as the maximum indemnification amount for nuclear incidents occurring outside the United States.

Precludes a contractor with whom an indemnification agreement has been executed, and who is engaged in activities relating to underground detonation of a nuclear explosive device, from using any immunity or defense founded in the Federal, State or municipal character of the contractor or of the work performed. (This holds the contractor liable for damages resulting from such detonation to the same extent as a private person).

Sets aggregate liability guidelines for nuclear incidents which involve: (1) licensees required to maintain the maximum amount of liability insurance; and (2) contractors with whom the Secretary has entered into indemnification agreements.

Requires the Secretary or the NRC to report to the Congress the causes and extent of damage from any nuclear incident which will probably require payments by the United States.

States that, upon a court determination that public liability from a single nuclear incident may exceed a certain aggregate liability, the President must report to the Congress regarding: (1) the causes and extent of damage: (2) the estimated compensation requirements; and (3) compensation plans. Requires congressional approval of compensation plans by passage of an approval resolution within 60 days after submission.

Authorizes the NRC to incorporate provisions in indemnity agreements which waive certain defenses by contractors and licensees based upon fault, conduct, governmental or charitable immunity. Extends such waiver to extraordinary nuclear occurrences which result from: (1) transportation of nuclear or source material; or (2) activities undertaken by the Secretary, including the storage or disposal of nuclear waste (thus imposing a strict liability standard for any extraordinary nuclear occurrence).

Extends from August 1, 1987, to August 1, 2007, the authority of the NRC to enter into indemnification agreements with contractors.

Extends from August 1, 1983, to August 1, 2003, the deadline by which the NRC must submit to the Congress detailed reports concerning indemnification and liability procedures under the Act.

Committee on Energy and Natural Resources received executive comment from Justice Department.

Sen. Simpson, Alan K. [R-WY](R-WY)Sponsor
1 cosponsor1 R
1cosponsors2committees26actions1amendments26subjects
  1. Committee

    Committee on Energy and Natural Resources received executive comment from Justice Department.

    Energy and Natural Resources Committee
  2. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 859.

  3. Committee

    Committee on Environment and Public Works. Reported to Senate by Senator Simpson with an amendment in the nature of a substitute. Without written report.

    Environment and Public Works Committee
  4. Committee14000

    Committee on Environment and Public Works. Reported to Senate by Senator Simpson with an amendment in the nature of a substitute. Without written report.

    Environment and Public Works Committee
  5. Committee

    Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Environment and Public Works Committee
  6. Committee

    Committee on Environment and Public Works. Committee consideration and Mark Up Session held.

    Environment and Public Works Committee
  7. Committee

    Subcommittee on Nuclear Regulation. Approved for full committee consideration with an amendment favorably.

    Clean Water, Fisheries and Wildlife Subcommittee
  8. Floor

    By Senator McClure from Committee on Energy and Natural Resources filed written report. Report No. 99-310. Additional and minority views filed.

    Energy and Natural Resources Committee
  9. Committee14900

    By Senator McClure from Committee on Energy and Natural Resources filed written report. Report No. 99-310. Additional and minority views filed.

    Energy and Natural Resources Committee
  10. Committee

    Subcommittee on Nuclear Regulation. Hearings held.

    Clean Water, Fisheries and Wildlife Subcommittee
  11. Floor

    Referred to the Committee on Environment and Public Works, for a period not to exceed one hundred twenty calendar days, pursuant to the order of May 24, 1985.

    Environment and Public Works Committee
  12. Committee

    Committee on Energy and Natural Resources. Reported to Senate by Senator McClure with an amendment in the nature of a substitute. Without written report.

    Energy and Natural Resources Committee
  13. Committee14000

    Committee on Energy and Natural Resources. Reported to Senate by Senator McClure with an amendment in the nature of a substitute. Without written report.

    Energy and Natural Resources Committee
  14. Committee

    Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Energy and Natural Resources Committee
  15. Committee

    Committee on Energy and Natural Resources. Committee consideration and Mark Up Session held.

    Energy and Natural Resources Committee
  16. Committee

    Committee on Energy and Natural Resources. Committee consideration and Mark Up Session held.

    Energy and Natural Resources Committee
  17. Committee

    Committee on Energy and Natural Resources. Committee consideration and Mark Up Session held.

    Energy and Natural Resources Committee
  18. Committee

    Committee on Energy and Natural Resources. Committee consideration and Mark Up Session held.

    Energy and Natural Resources Committee
  19. Committee

    Committee on Energy and Natural Resources. Committee consideration and Mark Up Session held.

    Energy and Natural Resources Committee
  20. Committee

    Subcommittee on Nuclear Regulation. Hearings held.

    Clean Water, Fisheries and Wildlife Subcommittee
  21. Committee

    Subcommittee on Nuclear Regulation. Hearings held.

    Clean Water, Fisheries and Wildlife Subcommittee
  22. Committee

    Committee on Energy and Natural Resources requested executive comment from Energy Department, OMB.

    Energy and Natural Resources Committee
  23. Committee

    Subcommittee on Energy Research and Development. Hearings held. Hearings printed: S.Hrg. 99-439.

    Energy Subcommittee
  24. Committee

    Referred to Subcommittee on Energy Research and Development.

    Energy Subcommittee
  25. IntroReferral

    Read twice and referred jointly to the Committees on Environment and Public Works; Energy and Natural Resources by unanimous consent with the proviso that if either committee reports the bill, the other committee shall be obligated to report within 120 calendar days or be discharged from further consideration.

    Energy and Natural Resources CommitteeEnvironment and Public Works Committee
  26. IntroReferral10000

    Introduced in Senate

Aug 15, 198603
(Reported to Senate from the Committee on Environment and Public Works with amendment (without written report))

Price-Anderson Act Amendments Act of 1985 - Amends the Atomic Energy Act of 1954 to extend (from December 31, 1976, to 12 months after the date of enactment of this Act) the deadline by which the Nuclear Regulatory Commission (NRC) must prescribe the terms for licensees required to maintain financial protection to cover public liability claims.

Increases from $5,000,000 to $60,000,000 the maximum standard deferred premium which may be charged following such an incident for each facility required to maintain the maximum amount of financial protection.

Directs the Commission to request the Congress to appropriate sufficient funds for the Commission to issue obligations to the Secretary of the Treasury for the purpose of compensating public liability claims if the aggregate annual deferral premiums assessed for a nuclear incident are insufficient to indemnify such claims in a timely manner.

Provides that aggregate payments in any single year regarding liability for a nuclear incident covered by an industry retrospective rating plan may not be required to exceed the amount of financial protection provided in that year under the Atomic Energy Act of 1954. States that the exclusive source of payments for public liability claims shall be the funds provided by financial protection under such Act, and the funds provided as a result of the obligations issued by the Commission. States that the total of such obligations shall not exceed amounts provided in appropriation Acts. Sets forth guidelines for the issuance and redemption of such obligations.

Authorizes the Secretary of Energy (the Secretary) to enter into indemnification agreements with contractors (until August 1, 2007) for the construction or operation of production or utilization facilities for the benefit of the United States involving activities under the risk of public liability for a substantial nuclear incident (currently, the NRC has this authorization). Includes in such authorization any contracts involving the storage or disposal of spent nuclear fuel, high-level radioactive waste, or transuranic waste, including the transportation of such materials to a storage or disposal site or facility, and the construction and operation of such site.

Directs the Secretary to make available from the nuclear waste fund the amounts necessary to compensate public liability claims related to the transportation, storage or disposal of specified nuclear waste. Requires the Secretary: (1) to determine the extent to which a nuclear incident related to such waste involves materials produced as a result of electricity generated in a civilian nuclear power reactor (or materials resulting from other activities or both); and (2) to decide the appropriate source of funds to be used in compensating public liability claims based upon that determination. Requires the Secretary to promulgate the regulations for making such determination within 90 days of enactment of this Act.

Authorizes the Secretary to require as part of an indemnification agreement that a contractor maintain financial protection to cover any public liability relating to the contractual activity. Sets indemnification guidelines for persons indemnified against public liability claims. Sets $100,000,000 as the maximum indemnification amount for nuclear incidents occurring outside the United States.

Precludes a contractor with whom an indemnification agreement has been executed, and who is engaged in activities relating to underground detonation of a nuclear explosive device, from using any immunity or defense founded in the Federal, State or municipal character of the contractor or of the work performed. (This holds the contractor liable for damages resulting from such detonation to the same extent as a private person).

Sets aggregate liability guidelines for nuclear incidents which involve: (1) licensees required to maintain the maximum amount of liability insurance; and (2) contractors with whom the Secretary has entered into indemnification agreements.

Requires the Secretary or the NRC to report to the Congress the causes and extent of damage from any nuclear incident which will probably require payments by the United States.

States that, upon a court determination that public liability from a single nuclear incident may exceed a certain aggregate liability, the President must report to the Congress regarding: (1) the causes and extent of damage: (2) the estimated compensation requirements; and (3) compensation plans. Requires congressional approval of compensation plans by passage of an approval resolution within 60 days after submission.

Authorizes the NRC to incorporate provisions in indemnity agreements which waive certain defenses by contractors and licensees based upon fault, conduct, governmental or charitable immunity. Extends such waiver to extraordinary nuclear occurrences which result from: (1) transportation of nuclear or source material; or (2) activities undertaken by the Secretary, including the storage or disposal of nuclear waste (thus imposing a strict liability standard for any extraordinary nuclear occurrence).

Extends from August 1, 1987, to August 1, 2007, the authority of the NRC to enter into indemnification agreements with contractors.

Extends from August 1, 1983, to August 1, 2003, the deadline by which the NRC must submit to the Congress detailed reports concerning indemnification and liability procedures under the Act.

Apr 24, 198602
(Reported to Senate from the Committee on Energy and Natural Resources with amendment (without written report))

Price-Anderson Act Amendments Act of 1986 - Amends the Atomic Energy Act of 1954 to extend (from December 31, 1976, to 12 months after the date of enactment of this Act) the deadline by which the Nuclear Regulatory Commission (NRC) must prescribe the terms for licensees required to maintain financial protection to cover public liability claims.

Increases: (1) from $2,000,000 to $15,000,000 the minimum standard deferred premium which may be charged following any nuclear incident: and (2) from $5,000,000 to $20,000,000 the maximum standard deferred premium which may be charged following such an incident for each facility required to maintain tne maximum amount of financial protection.

Requires the Commission to adjust the standard deferred premium to reflect the effects of inflation for the previous calendar year.

Directs the Secretary of Energy (the Secretary) to enter into indemnification agreements with contractors (until August 1, 2012) for the construction or operation of production or utilization facilities for the benefit of the United States involving activities under the risk of public liability for a nuclear incident (currently, the NRC has this authorization).

Requires such agreements to indemnify contractors for all public liability resulting from a nuclear incident.

Requires the Secretary to enter into indemnification agreements with all contractors engaged in activities relating to radioactive waste disposal, storage, transportation, research and development, and certain activities authorized as the Waste Isolation Pilot Project (Project 77-13-f) (such project falls under the purview of FY 1980 Department of Energy for National Security Programs Appropriations).

Directs the Secretary to make available from the Nuclear Waste Fund the amounts necessary to compensate public liability claims related to the transportation, storage or disposal of specified nuclear waste.

Authorizes the Secretary to require as part of an indemnification agreement that a contractor maintain financial protection to cover any public liability relating to the contractual activity. Sets indemnification guidelines for persons indemnified against public liability claims. Sets $100,000,000 as the maximum indemnification amount for nuclear incidents occurring outside the United States.

Precludes a contractor with whom an indemnification agreement has been executed, and who is engaged in activities relating to underground detonation of a nuclear explosive device, from using any immunity or defense founded in the Federal, State or municipal character of the contractor or of the work performed. (This holds the contractor liable for damages resulting from such detonation to the same extent as a private person).

Requires indemnification agreements to include reimbursement for costs of precautionary evacuations ordered by a State or local official (if such an evacuation is deemed reasonable).

Authorizes the Secretary to determine whether gross negligence or willful misconduct on the part of a contractor who is party to an indemnification agreement (or on the part of a subcontractor or supplier) caused a nuclear incident. Prescribes administrative guidelines for such determination and sets a maximum civil penalty.

Sets aggregate liability guidelines for nuclear incidents which involve: (1) licensees required to maintain the maximum amount of liability insurance; and (2) contractors with whom the Secretary has entered into indemnification agreements.

Requires the Secretary and the NRC to report to the Congress, the Congressmen and Senators of the affected districts and States, respectively, and the public (except certain defense information) the causes and extent of damage from any nuclear incident which will probably require payments by the United States.

States that, upon a court determination that public liability from a single nuclear incident may exceed a certain aggregate liability, the President must report to the Congress regarding: (1) the causes and extent of damage; (2) the estimated compensation requirements; and (3) compensation plans. Requires congressional approval of compensation plans by passage of an approval resolution within 60 days after submission.

Authorizes the NRC to incorporate provisions in indemnity agreements which waive certain defenses by contractors and licensees based upon fault, conduct, governmental or charitable immunity. Repeals the 20 year statute of limitations. Extends such waiver to extraordinary nuclear occurrences which result from: (1) transportation of nuclear or source material; or (2) activities undertaken by the Secretary, including the storage or disposal of nuclear waste (thus imposing a strict liability standard for any extraordinary nuclear occurrence).

Extends from August 1, 1987, to August 1, 2012, the authority of the NRC to enter into indemnification agreements with contractors.

Extends from August 1, 1983 to August 1, 2008, the deadline by which the NRC must submit to the Congress detailed reports concerning indemnification and liability procedures under the Act.

Provides compensation guidelines for public liability claims resulting from a nuclear incident involving illegally diverted nuclear material.

Prohibits any court from awarding punitive damages under State law regarding a nuclear incident against a person on behalf of whom the United States is obligated to make payments under an indemnification agreement.

May 24, 198500

Price-Anderson Act Amendments Act of 1985 - Amends the Atomic Energy Act of 1954 to extend (from December 31, 1976, to 12 months after the date of enactment of this Act) the deadline by which the Nuclear Regulatory Commission (NRC) must prescribe the terms for licensees required to maintain financial protection to cover public liability claims.

Increases: (1) from $2,000,000 to $10,000,000 the minimum standard deferred premium which may be charged following any nuclear incident: and (2) from $5,000,000 to $15,000,000 the maximum standard deferred premium which may be charged following such an incident for each facility required to maintain the maximum amount of financial protection.

Directs the NRC to include in its determination of the maximum amount of liability insurance available to licensees from private sources the sum of funds generated by assessing a fee of up to one mil per kilowatt hour on electricty generated and sold by each licensed civilian nuclear power reactor. Authorizes the NRC to collect such fee from all civilian nuclear power reactor licensees, on all electricity generated and sold by such licensees following a nuclear incident, upon determining that public liability from such incident exceeds (or appears likely to exceed) the sum of the private insurance and the requisite industry retrospective rating plan. Sets $500,000,000 as the maximum that shall be collected per incident.

Authorizes the NRC to establish a maximum amount which the aggregate fees assessed for each facility within one calendar year may not exceed.

Authorizes the Secretary of Energy (the Secretary) to enter into indemnification agreements with contractors (until August 1, 2012) for the construction or operation of production or utilization facilities for the benefit of the United States involving activities under the risk of public liability for a substantial nuclear incident (currently, the NRC has this authorization). Includes in such authorization any contracts involving the storage or disposal of spent nuclear fuel, high-level radioactive waste, or transuranic waste, including the transportation of such materials to a storage or disposal site or facility, and the construction and operation of such site.

Directs the Secretary to make available from the nuclear waste fund the amounts necessary to compensate public liability claims related to the transportation, storage or disposal of specified nuclear waste. Requires the Secretary: (1) to determine the extent to which a nuclear incident related to such waste involves materials produced as a result of electricity generated in a civilian nuclear power reactor (or materials resulting from other activities or both); and (2) to decide the appropriate source of funds to be used in compensating public liability claims based upon that determination. Requires the Secretary to promulgate the regulations for making such determination within 90 days of enactment of this Act.

Authorizes the Secretary to require as part of an indemnification agreement that a contractor maintain financial protection to cover any public liability relating to the contractual activity. Sets indemnification guidelines for persons indemnified against public liability claims. Sets $100,000,000 as the maximum indemnification amount for nuclear incidents occurring outside the United States.

Precludes a contractor with whom an indemnification agreement has been executed, and who is engaged in activities relating to underground detonation of a nuclear explosive device, from using any immunity or defense founded in the Federal, State or municipal character of the contractor or of the work performed. (This holds the contractor liable for damages resulting from such detonation to the same extent as a private person).

Sets aggregate liability guidelines for nuclear incidents which involve: (1) licensees required to maintain the maximum amount of liability insurance; and (2) contractors with whom the Secretary has entered into indemnification agreements.

Requires the Secretary and the NRC to report to the Congress the causes and extent of damage from any nuclear incident which will probably require payments by the United States.

States that, upon a court determination that public liability from a single nuclear incident may exceed a certain aggregate liability, the President must report to the Congress regarding: (1) the causes and extent of damage: (2) the estimated compensation requirements; and (3) compensation plans. Requires congressional approval of compensation plans by passage of an approval resolution within 60 days after submission.

Authorizes the NRC to incorporate provisions in indemnity agreements which waive certain defenses by contractors and licensees based upon fault, conduct, governmental or charitable immunity. Extends such waiver to extraordinary nuclear occurrences which result from: (1) transportation of nuclear or source material; or (2) activities undertaken by the Secretary, including the storage or disposal of nuclear waste (thus imposing a strict liability standard for any extraordinary nuclear occurrence).

Extends from August 1, 1987, to August 1, 2012, the authority of the NRC to enter into indemnification agreements with contractors.

Extends form August 1, 1983 to August 1, 2008, the deadline by which the NRC must submit to the Congress detailed reports concerning indemnification and liability procedures under the Act.