Price-Anderson Amendments Act of 1988

Summary

Price-Anderson Amendments Act of 1987 - Amends the Atomic Energy Act of 1954 to provide that the amount of financial protection required of licensees of facilities having a rated capacity of 100,000 electrical kilowatts or more shall be the maximum amount available at reasonable cost. Increases from $5,000,000 to $63,000,000 the maximum standard deferred premium amount which may be charged following any nuclear incident. Limits such amount to $10,000,000 in any one year. Eliminates the Nuclear Regulatory Commission's (NRC) authority to: (1) establish a maximum amount of deferred premiums that may be charged for all nuclear incidents in any one year; and (2) charge some utilities smaller deferred premiums than others. Authorizes the NRC, on a case by case basis, to assess annual deferred premium amounts less than the standard annual deferred premium for: (1) any facility, if more than one nuclear incident occurs in any one calendar year; or (2) any licensee licensed to operate more than one facility if the NRC determines that the financial impact of assessing the standard annual deferred premium would result in undue financial hardship to such licensee or to the ratepayers of such licensee. Establishes procedures to be followed by the NRC in borrowing funds from the Treasury to compensate victims of a nuclear incident. Extends the NRC's authority to enter into indemnification agreements with its licensees for an additional ten years (from 1987 to 1997). Makes the Department of Energy's indemnification authority mandatory for all contracts involving the risk of public liability (currently such authority is discretionary). Extends such authority for an additional ten years (from 1987 to 1997). Directs the Secretary of Energy to enter into indemnification agreements covering all activities undertaken under contract for the Department, including nuclear waste activities. Makes applicable to such indemnification agreements certain provisions relating to the waiver of any issue or defense as to charitable or governmental immunity. Provides for payment from the Nuclear Waste Fund of claims arising out of nuclear waste activities funded by it. Requires the Secretary to indemnify certain contractors to the full extent of the aggregate public liability, excluding the costs of investigating and settling claims and defending suits for damage. Limits to $100,000,000 the indemnity amount in nuclear incidents occurring outside the United States. Makes an indemnified contractor who is engaged in underground nuclear detonation activities liable for injuries or damages resulting from such activities. Revises the definition of "public liability" to include the costs of precautionary evacuations ordered by State or local officials. Precludes a court from awarding the costs of a precautionary evacuation unless such costs constitute a public liability. Sets guidelines for the maximum aggregate liability of indemnified persons for a single nuclear incident, which excludes the costs of investigating and settling claims and defending suits for damages. Directs the Congress to provide prompt compensation for all public liability claims for damages exceeding the statutory limitation on liability. Establishes procedures for congressional review of any nuclear incident likely to exceed the statutory liability limitation. Declares that the statutory limitation does not preclude the Congress from imposing additional revenue measures upon NRC licensees necessary to provide funds for victim compensation. Requires the Secretary of Energy or the NRC to survey the causes and extent of damage of any nuclear incident involving damages likely to exceed the statutory aggregate liability and to report the results of such survey to the Congress, the Representatives and Senators of the affected districts and States, and the public. Requires the President to report to the Congress: (1) an estimate of the aggregate dollar value of damages exceeding the statutory limit; (2) a recommendation for additional sources of funds for such compensation; and (3) specific proposals for disbursing compensation to the public. Extends from August 1, 1987, to August 1, 1997, the NRC's authority to indemnify certain nonprofit educational institutions licensed to operate nuclear research reactors. Directs the President to establish a commission to study means of fully compensating victims of a catastrophic nuclear accident that exceeds the aggregate statutory liability. Establishes guidelines for such commission. Requires the commission to report and recommend to the Congress: (1) changes in civil procedures needed for prompt claim disposition; (2) standards for establishing priorities among claims; and (3) provisions for addressing latent injury claims. Repeals the condition that a State statute of limitations be waived only if suit is filed within 20 years after a nuclear incident. (Thus, conditions the waiving of a statute of limitations only upon institution of a suit within three years of the date the claimant knew or reasonably could have known of the injury.) Revises the application of the waiver-of-defenses to include extraordinary nuclear occurrences involving radioactive wastes or nuclear materials licensees indemnified by the NRC. Makes applicable to all nuclear incidents (rather than just extraordinary nuclear occurrences) the consolidation of claims in a legal action. Permits the consolidation and removal of public liability actions pending on the date of enactment of this Act. Sets forth conditions under which the chief judge of the Federal district court in which claims are consolidated is authorized to establish a special case load management panel for the coordination of cases arising out of a nuclear incident. Extends from August 1, 1983, to August 1, 1993, the deadline by which the Department and the NRC must report to the Congress on the need for continuation or modification of the Price-Anderson Act. Absolves lessors of a large commercial reactor from any public liability which might arise from a nuclear incident relating to such facility unless the lessor is in actual possession and control of the facility at the time of the nuclear incident. Directs the NRC to adjust, at least once every five years, the aggregate amount of the aggregate standard deferred premium required of civilian commercial reactors so as to reflect the aggregate percentage change in the consumer price index since the date of enactment of this Act.

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Timeline

1. 4 March 1987

   Introduced

   Referred to House Committee on Interior and Insular Affairs.

   Source: IntroReferral

2. 4 March 1987

   Introduced

   Introduced in House

   Source: IntroReferral

3. 4 March 1987

   Introduced

   Introduced in House

   Source: IntroReferral

4. 18 March 1987

   Referred

   Referred to Subcommittee on Energy and the Environment.

   Source: Committee

5. 26 March 1987

   Committee

   Subcommittee Hearings Held.

   Source: Committee

6. 27 March 1987

   Committee

   Subcommittee Hearings Held.

   Source: Committee

7. 2 April 1987

   Committee

   Subcommittee Consideration and Mark-up Session Held.

   Source: Committee

8. 2 April 1987

   Committee

   Forwarded by Subcommittee to Full Committee (Amended).

   Source: Committee

9. 6 May 1987

   Reported

   Ordered to be Reported (Amended).

   Source: Committee

10. 6 May 1987

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

11. 21 May 1987

    Introduced

    Referred to House Committee on Energy and Commerce Sequentially, for a Period Ending not Later than Jul 20, 87.

    Source: IntroReferral

12. 21 May 1987

    Reported

    Reported to House (Amended) by House Committee on Interior and Insular Affairs. Report No: 100-104 (Part I).

    Source: Committee

13. 21 May 1987

    Reported

    Reported to House (Amended) by House Committee on Interior and Insular Affairs. Report No: 100-104 (Part I).

    Source: Committee

14. 29 May 1987

    Referred

    Referred to Subcommittee on Energy Research and Development.

    Source: Committee

15. 3 June 1987

    Committee

    Forwarded by Subcommittee to Full Committee (Amended).

    Source: Committee

16. 3 June 1987

    Committee

    Subcommittee Consideration and Mark-up Session Held.

    Source: Committee

17. 3 June 1987

    Referred

    Referred to Subcommittee on Energy and Power.

    Source: Committee

18. 17 June 1987

    Committee

    Subcommittee Hearings Held.

    Source: Committee

19. 24 June 1987

    Committee

    Forwarded by Subcommittee to Full Committee (Amended).

    Source: Committee

20. 24 June 1987

    Committee

    Subcommittee Consideration and Mark-up Session Held.

    Source: Committee

21. 30 June 1987

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

22. 8 July 1987

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

23. 8 July 1987

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

24. 17 July 1987

    Committee

    Executive Comment Received From Justice.

    Source: Committee

25. 20 July 1987

    Introduced

    House Committee on Energy and Commerce Granted an Extension for Further Consideration Ending not Later Than July 22, 1987.

    Source: IntroReferral

26. 22 July 1987

    Calendars

    Placed on Union Calendar No: 141.

    Source: Calendars

27. 22 July 1987

    Reported

    Reported to House (Amended) by House Committee on Science, Space, and Technology. Report No: 100-104 (Part II).

    Source: Committee

28. 22 July 1987

    Reported

    Reported to House (Amended) by House Committee on Science, Space, and Technology. Report No: 100-104 (Part II).

    Source: Committee

29. 22 July 1987

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

30. 22 July 1987

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

31. 28 July 1987

    Floor

    Committee on Rules Granted an Open Rule Providing Two Hours of General Debate.

    Source: Floor

32. 28 July 1987

    Reported

    Rules Committee Resolution H.Res.234 Reported to House.

    Source: Floor

33. 29 July 1987

    Floor

    Called up by House by Rule.

    Source: Floor

34. 29 July 1987

    Passed

    Rule Passed House.

    Source: Floor

35. 30 July 1987

    Vote

    Passed House (Amended) by Yea-Nay Vote: 396 - 17 (Record Vote No: 293).

    Source: Floor

36. 30 July 1987

    Vote

    Passed/agreed to in House: Passed House (Amended) by Yea-Nay Vote: 396 - 17 (Record Vote No: 293).

    Source: Floor

37. 30 July 1987

    Passed

    House Agreed to Amendments Adopted by the Committee of the Whole.

    Source: Floor

38. 31 July 1987

    Introduced

    Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 281.

    Source: Calendars

39. 16 March 1988

    Floor

    Measure laid before Senate by unanimous consent.

    Source: Floor

40. 17 March 1988

    Floor

    Considered by Senate.

    Source: Floor

41. 18 March 1988

    Passed

    Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

    Source: Floor

42. 18 March 1988

    Floor

    Considered by Senate.

    Source: Floor

43. 28 March 1988

    Floor

    Message on Senate action sent to the House.

    Source: Floor

44. 27 July 1988

    Reported

    Rules Committee Resolution H.Res.502 Reported to House.

    Source: Floor

45. 2 August 1988

    Vote

    House Concurred, in Senate Amendment 016 , with Amendments by Yea-Nay Vote: 346 - 54 (Record Vote No: 251).

    Source: ResolvingDifferences

46. 2 August 1988

    Vote

    Resolving differences -- House actions: House Concurred, in Senate Amendment 016 , with Amendments by Yea-Nay Vote: 346 - 54 (Record Vote No: 251).

    Source: NotUsed

47. 2 August 1988

    Passed

    Rule Passed House.

    Source: Floor

48. 4 August 1988

    Floor

    Message on House action received in Senate and held at desk: House amendment to Senate amendment.

    Source: Floor

49. 5 August 1988

    ResolvingDifferences

    Senate receded from its amendments 1 through 15 by Voice Vote.

    Source: ResolvingDifferences

50. 5 August 1988

    NotUsed

    Resolving differences -- Senate actions: Senate receded from its amendments 1 through 15 by Voice Vote.

    Source: NotUsed

51. 8 August 1988

    Floor

    Message on Senate action sent to the House.

    Source: Floor

52. 10 August 1988

    Floor

    Measure Signed in Senate.

    Source: Floor

53. 11 August 1988

    Floor

    Presented to President.

    Source: Floor

54. 11 August 1988

    President

    Presented to President.

    Source: President

55. 20 August 1988

    President

    Signed by President.

    Source: President

56. 20 August 1988

    Became law

    Became Public Law No: 100-408.

    Source: President

57. 20 August 1988

    Became law

    Signed by President.

    Source: BecameLaw

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

7 official files

• Public Law (PDF)

  Public Law · EN · 21 August 1988

  ViewDownloadOpen at official source

• Passed Senate amended

  summary · EN · 18 March 1988

  Open at official source

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• Passed House amended

  summary · EN · 30 July 1987

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• Reported to House amended, Part III

  summary · EN · 22 July 1987

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• Reported to House amended, Part II

  summary · EN · 22 July 1987

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• Reported to House amended, Part I

  summary · EN · 21 May 1987

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• Introduced in House

  summary · EN · 4 March 1987

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Sponsors

• Rep. Udall, Morris K. [D-AZ-2] · D · Sponsor
• Rep. Sharp, Philip R. [D-IN-2] · D · Sponsor
• · hsif00 · Standing
• · hssy00 · Standing
• · hsii00 · Standing

Related records

• related to → A resolution providing for the consideration of the bill (H. R. 1414) to amend the Price-Anderson provisions of the Atomic Energy Act of 1954 to extend and improve the procedures for liability and indemnification for nuclear incidents.
• related to → A resolution providing for a motion to take the bill (H.R. 1414) to amend the Price-Anderson provisions of the Atomic Energy Act of 1954 to extend and improve the procedures for liability and indemnification for nuclear incidents, from the Speaker's table and to disagree with Senate amendments numbered 1 through 15 and concur in Senate amendment number 16 with an amendment.
• related to ← Federal Radioactive Waste Liability Act of 1987
• related to ← Price-Anderson Amendments Act of 1987
• related to ← Price-Anderson Amendments Act of 1987
• amends ← An amendment to remove the limit on the liability of the nuclear utility industry, and to require utilities to pay deferred premiums of $10 million per reactor each year after an accident occurs until all valid public claims have been compensated.
• amends ← An amendment to establish a system of penalties for contractors who violate any of the Energy Department's nuclear safety regulations. The penalties, which would be imposed by the Nuclear Regulatory Commission, would range up to $100,000 per day for profit-making contractors, and up to $5,000 per day for non-profit contractors such as universities. The amendment would also permit the Justice Department to sue a contractor in court in the event of an accident caused by the gross negligence or willful misconduct of the contractor's top corporate officials, with the maximum amount recoverable being three times the contractor's profit under the contract or, for contractors making minimal profits, 15% of the total value of the contract.
• amends ← ? An amendment to require Energy Department contractors involved in the transportation of high-level nuclear waste to maintain the maximum available amount of private insurance coverage. ? The amendment also would permit the Justice Department to sue a waste transportation contractor in the event of an accident caused by bad faith, willful misconduct, or gross negligence of the contractor's corporate officers, managers, or supervisors, with the maximum amount recoverable to be three times the contractor's profit under the contract, or 10% of the contractor's net worth, whichever is less.
• amends ← An amendment to provide for an annual inflation adjustment of the maximum standard deferred premium as provided under the Atomic Energy Act of 1954. The language in the bill currently provides for such adjustment "not less than once during each 5-year period" after the date of enactment of this Act.
• amends ← An amendment to prohibit payments from the compensation pool to cover legal costs unless a court determines that such payments will be equitable, will not jeopordize the compensation of victims, and will reimburse reasonably incurred legal expenses.

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