Price-Anderson Act Amendments Act of 1987

Summary

Price-Anderson Act Amendments Act of 1987 - Amends the Atomic Energy Act of 1954 to authorize the Secretary of Energy 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 $6,000,000,000 to compensate public liability claims related to the transportation, storage, or disposal of specified nuclear waste. Requires the Secretary to: (1) 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); (2) decide the appropriate source of funds to be used in compensating public liability claims based upon that determination; and (3) promulgate 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: (1) $100,000,000 as the maximum indemnification amount for nuclear incidents occurring outside the United States; and (2) $6,000,000,000 as the maximum for incidents within 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 involving contractors with whom the Secretary has entered into indemnification agreements. Requires the Secretary 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 an aggregate liability of $6,000,000,000, 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 provisions in indemnity agreements which waive certain defenses by contractors and licensees based upon fault, conduct, or 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). Declares August 1, 2003, the deadline by which the Secretary must submit to the Congress detailed reports concerning indemnification and liability procedures. Prohibits the award of exemplary or punitive damages under State law in any action with respect to a nuclear incident against a person on behalf of whom the United States is obligated to make payments under an indemnification agreement. Applies such Act to legal liability arising out of a precautionary evacuation, even though no nuclear incident has occurred.

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3 official files

• Indefinitely postponed in Senate

  summary · EN · 20 September 1988

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 12 June 1987

  Open at official source

• Introduced in Senate

  summary · EN · 17 March 1987

  Open at official source

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