Volume 76 · 409
Public Law 87–615
To amend the Atomic Energy Act of 1954, as amended, and for other purposes.
Approved August 29, 1962
Statutory text
AN ACT
To amend the Atomic Energy Act of 1954, as amended, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Atomic
Atomic Energy Act of 1954, amendment.
Energy Act of 1954 is amended by adding thereto the following new section:
“Sec. 191. Atomic Safety and Licensing Board.—
“a.
Notwithstanding the provisions of sections 7(a) and 8(a) of the Administrative Procedure Act, the Commission is authorized to establish one or more atomic safety and licensing boards, each composed
of three members, two of whom shall be technically qualified and one of whom shall be qualified in the conduct of administrative proceedings, to conduct such hearings as the Commission may direct and make such intermediate or final decisions as the Commission may authorize with respect to the granting, suspending, revoking or amending of any license or authorization under the provisions of this Act, any other provision of law, or any regulation of the Commission issued thereunder. The Commission may delegate to a board such other regulatory functions as the Commission deems appropriate. The Commission may appoint a panel of qualified persons from which board members may be selected.
“b.
Board members may be appointed by the Commission from private life, or designated from the staff of the Commission or other Federal agency. Board members appointed from private life shall receive a per diem compensation for each day spent in meetings or conferences, and all members shall receive their necessary traveling or other expenses while engaged in the work of a board. The provisions of section 163 shall be applicable to board members appointed from private
life.”
Sec. 2.
The second sentence of subsection 189a. of the Atomic Energy Act of 1954, as amended, is deleted and the following is inserted in
lieu thereof: “The Commission shall hold a hearing after thirty days’ notice and publication once in the Federal Register, on each application under section 103 or 104b. for a construction permit for a facility, and on any application
Publication in F. R.
under section 104c. for a construction permit for a testing facility. In cases where such a construction permit has
68 Stat. 936. 937.
been issued following the holding of such a hearing, the Commission may, in the absence of a request therefor by any person whose interest may be affected, issue an operating license or an amendment to a construction permit or an amendment to an operating license without a hearing, but upon thirty days’ notice and publication once in the Federal Register of its intent to do so. The Commission may dispense with such thirty days’ notice and publication with respect to any application for an amendment to a construction permit or an amendment to an operating license upon a determination by the Commission that the amendment involves no significant hazards consideration.”
Sec. 3.
Subsection 182b. or the Atomic Energy Act of 1954 is
amended to read as follows:
“b.
The Advisory Committee on Reactor Safeguards shall review each application under section 103 or section 104b. for a construction permit or an operating license for a facility, any application under section 104c. for a construction permit or an operating license for a testing facility, any application under section 104 a. or c. specifically referred to it by the Commission, and any application for an amendment to a construction permit or an amendment to an operating license under section 103 or 104 a., b., or c. specifically referred to it
Report.
by the Commission, and shall submit a report thereon which shall be made part of the record of the application and available to the public except to the extent that security classification prevents disclosure.”
Sec. 4.
Subsection 11o. of the Atomic Energy Act of 1954 is amended to read as follows:
“o.
The term ‘nuclear incident’ means any occurrence within the United States causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material: Provided, however, That as the term is used in subsection 1701., it shall include any such occurrence outside of the United States: And provided further, That as the term is used in section 170d., it shall include any such occurrence outside the United
States if such occurrence involves a facility or device owned by, and used by or under contract with, the United States.”
Sec. 5.
Subsection 11r. of the Atomic Energy Act of 1954 is amended to read as follows:
“r.
The term ‘person indemnified’ means (1) with respect to a nuclear incident occurring within the United States and with respect to any nuclear incident in connection with the design, development, construction, operation, repair, maintenance, or use or the nuclear ship Savannah, the person with whom an indemnity agreement is executed and any other person who may be liable for public liability; or (2) with respect to any other nuclear incident occurring outside the United States, the person with whom an indemnity agreement is executed and any other person who may be liable for public liability by reason of his activities under any contract with the Commission or any project to which indemnification under the provisions of section 170d. has been extended or under any subcontract, purchase order or other agreement, of any tier, under any such contract or project.”
Sec. 6.
Subsection 170d. of the Atomic Energy Act of 1954 is amended by adding before the period at the end of the second sentence thereof the following proviso: Provided, That in the case of nuclear incidents occurring outside the United States, the amount of the indemnity provided by the Commission shall not exceed $100,000,000.”
Sec. 7.
Subsection 170e. of the Atomic Energy Act of 1954 is amended to read as follows:
“e.
The aggregate liability for a single nuclear incident of persons indemnified, including the reasonable costs of investigating and settling claims and defending suits for damage, shall not exceed the sum of $500,000,000 together with the amount of financial protection required of the licensee or contractor: Provided, however, That with respect to any nuclear incident occurring outside of the United States to which an agreement of indemnification entered into under the provisions of subsection 170d. is applicable, such aggregate liability shall not exceed the amount of $100,000,000 together with the amount of financial protection required of the contractor. The Commission or any person indemnified may apply to the appropriate district court of the United States having venue in bankruptcy matters over the location of the nuclear incident, except that in the case of nuclear incidents occurring outside the United States, the Commission or any person indemnified may apply to the United States District Court for the District of Columbia, and upon a showing that the public liability from a single nuclear incident will probably exceed the limit of liability imposed by this section, shall be entitled to such orders as may be appropriate for enforcement of the provisions of this section, including an order limiting the liability of the persons indemnified, orders staying the payment of claims and the execution of court judgments, orders apportioning the payments to be made to claimants, orders permitting partial payments to be made before final determination of the total claims, and an order setting aside a part of the funds available for possible latent injuries not discovered until a later time.”
Sec. 8.
Section 261 of the Atomic Energy Act of 1954 is amended
by adding thereto the following new subsections:
“c.
Funds are hereby authorized to be appropriated for advance
Appropriation.
planning, construction design, and architectural services in connection with any plant or facility not otherwise authorized, and for the restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the Commission is authorized to use available funds for such purposes.
“d.
Funds hereafter authorized to be appropriated for any project to be used in connection with the development or production of special nuclear material or atomic weapons may be used to start another project not otherwise authorized if the substituted project is within the limit of cost of the project for which substitution is to be made, and the Commission certifies that—
“(1) the substituted project is essential to the common defense and security;
“(2) the substituted project is required by changes in weapon characteristics or weapon logistic operations; and
“(3) the Commission is unable to enter into a contract with any person on terms satisfactory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project.”
Sec. 9.
Section 109 of the Atomic Enery Act of 1954 is amended by striking out the words “11p.(2) or 11v.(2)” and substituting therefor the words “11t.(2) or 11aa.(2)”.
Sec. 10.
Subsection 145f. of the Atomic Energy Act of 1954 is amended
by striking out the comma after the word “investigation”.
Sec. 11.
Section 152 of the Atomic Energy Act of 1954 is
amended by striking out the word “allowances” in the first paragraph thereof and substituting therefor the word “allowance”.
Sec. 12.
Subsection 161n. of the Atomic Energy Act of 1954 is
amended by striking out the words “145e.” and substituting therefor the words “145f.”.
Approved August 29, 1962.